DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 117 and 127 are rejected under 35 U.S.C. 102(a1) as being anticipated by Hori et. al. (US 5,603,687).
Regarding claim 117 Hori teaches (figs. 1-8) an endoscope, comprising:
a body (30) having a proximal end and a distal end (col. 8, lines 63-67);
and an imaging system (69) attached to the body proximate to the distal end of the body (col. 9, lines 4-15);
where the imaging system is configured to receive light emitted by a target area in a range of wavelengths and create an image of the target area corresponding to the range of wavelengths (col. 9, lines 27-41). Examiner notes that the ability for the image sensors are imaging the sample therefor they inherently are receiving light from the sample and that detection will inherently be in a wavelength range if this was not true then the system would be unable to image the sample.
Regarding claim 127 Hori teaches (figs. 1-8) a method of fabrication of an endoscope, comprising:
providing a body (30) having a proximal end and a distal end (col. 8, lines 63-67);
and coupling an imaging system (69) to the body proximate to the distal end of the body (col. 9, lines 4-15);
where the imaging system is capable of receiving light emitted by a target area in a range of wavelengths and creating an image of the target area corresponding to the range of wavelengths (col. 9, lines 27-41). Examiner notes that the ability for the image sensors are imaging the sample therefor they inherently are receiving light from the sample and that detection will inherently be in a wavelength range if this was not true then the system would be unable to image the sample.
Allowable Subject Matter
Claims 118-126 and 128–136 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 118 and 128 contain the limitation of specifying the specific wavelength range of the camera in the distal end of the endoscope in the IR regions of the electromagnetic spectrum.
With regards to claims 119-126 and 129-136 they depend on the objected to claims 118 and 128.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further multi-imagining endoscopic structures include Boccara et. al. (US 9,046,338 B2) and Strahle et.al. (US 5,612,816).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E TALLMAN whose telephone number is (571)270-3958. The examiner can normally be reached Monday-Friday 10 a.m. -6 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Robert E. Tallman/ Primary Examiner, Art Unit 2872
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