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 .
Election
Applicants’ election of claims 1-8 is acknowledged. The election is considered without traverse and made final. See MPEP 818.01 (portions below) -
818.01(a) Reply Must be Complete [R-07.2015]
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus, the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
Claims 9-20 are withdrawn from further consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/27/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-3, 6-7, is/are rejected under 35 U.S.C. 102 as being anticipated by Komukai (US 20140296638).
Regarding claim 1, Komukai discloses endoscope (FIG. 11) comprising: a handpiece (FIG.11);
an insertion tube attached to the handpiece, wherein the insertion tube comprises a sidewall, and wherein the sidewall comprises an interior surface and an exterior surface (FIG. 11);
a cover plate (tip-protection cap 67; FIG. 12, annotated) attached to the interior surface of the sidewall of the insertion tube, wherein the cover plate comprises an illumination hole (Plurality of through holes are formed at the tip hard portion 66; Para [0050]);
a window (window 70) attached to the cover plate; and
a fiber optic ferrule (ferrule 15) disposed within the insertion tube, wherein the fiber optic ferrule is configured to receive a distal fiber optic bundle (fiber 16; Para [0045]);
wherein the fiber optic ferrule is attached to the cover plate at the illumination hole (FIG. 12) such that electromagnetic radiation transmitted by the distal fiber optic bundle passes through the illumination hole of the cover plate.
Regarding claim 2, Komukai discloses an optical-electronic payload (optical-electronic payload including CCD (Charge Coupled Device) 77; imaging optical system 76 ; FIG. 14) disposed within an interior space defined by the sidewall of the insertion tube;
wherein at least a portion of the optical-electronic payload is disposed at a distal end of the insertion tube (FIG. 14);
wherein the cover plate further comprises an optical hole (observation window 70); and wherein the optical-electronic payload comprises:
a lens (imaging optical system 76); a prism (imaging optical system 76), wherein the prism is located adjacent to the lens (FIG. 14); and
an image sensor (CCD (Charge Coupled Device) 77; FIG. 14), wherein at least one of the lenses or the prism focuses electromagnetic radiation on to a pixel array of the image sensor (FIG. 14; para [0053]).
PNG
media_image1.png
503
502
media_image1.png
Greyscale
Regarding claim 3, Komukai discloses wherein the lens is disposed substantially adjacent to the window (FIG. 14) and is substantially aligned with the optical hole (window 70) of the cover plate such that the reflected electromagnetic radiation passes through the window and then passes through the lens prior to irradiating the pixel array of the image sensor (FIG. 14).
Regarding claim 6, Komukai discloses wherein the cover plate is constructed of a metal material (The tip hard portion 66 is made of, for example, stainless steel, and a plurality of through holes are formed at the tip hard portion 66 along a longitudinal direction; para [0050]), and wherein the cover plate is welded to the interior surface of the sidewall of the insertion tube (As shown in FIG. 12).
Regarding claim 7, Komukai discloses wherein the cover plate further comprises a metal flange (Sleeve 12) located at the illumination hole and wherein the metal flange is welded to an interior surface of the fiber optic ferrule (As shown in FIG. 12, ferrule 15 is welded with the sleeve. FIG. 12).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 5, is/are rejected under 35 U.S.C. 103 as being unpatentable over Komukai (US 20140296638) in view of Trusty (US 20230225599).
Regarding claim 4, Komukai discloses wherein the optical-electronic payload comprises: a first lens; a first prism, wherein the first prism is located adjacent to the first lens; a first image sensor (CCD (Charge Coupled Device) 77; Imaging optical system 76 includes a lens and a prism; para [0053]), wherein at least one of the first lens or the first prism focuses electromagnetic radiation on to a first pixel array of the first image sensor.
Komukai does not expressly disclose a second lens; a second prism, wherein the second prism is located adjacent to the second lens; and a second image sensor, wherein at least one of the second lens or the second prism focuses the electromagnetic radiation on to a second pixel array of the second image sensor.
Trusty is directed to a medical imaging apparatus (abstract) and teaches a second lens; a second prism (lenses 502 and prisms 506; FIG. 5), wherein at least one of the second lens or the second prism focuses the electromagnetic radiation on to a second pixel array of the second image sensor (sensor 322, first sensor 320; FIGS. 3, 7; para [0041], [0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Komukai to include a second set of image sensor and lenses so that two channel imaging or visualization could be made. Further, it would have been obvious to modify Komukai by providing two channel imaging by using a second set of optical elements with the Komukai because such imaging would provide enhanced perception for surgeons, and improved accuracy and reduced error.
Regarding claim 5, Komukai, as modified, teaches wherein the cover plate further comprises a first optical hole (Komukai: observation window 70) and a second optical hole (Trusty: Upon modifying Komukai for using second set of lens and prisms, a second observation holes, 132, 134 would be obvious to put); wherein the first lens is disposed substantially adjacent to the window and is substantially aligned with the first optical hole of the cover plate such that reflected electromagnetic radiation passes through the window (Komukai: FIG. 12, 14), the first lens, and the first prism prior to irradiating the first pixel array of the first image sensor (Komukai: FIG. 12, 14); and wherein the second lens is disposed substantially adjacent to the window and is substantially aligned with the second optical hole of the cover plate such that the reflected electromagnetic radiation passes through the window, the second lens, and the second prism prior to irradiating the second pixel array of the second image sensor (First channel 132 and a second channel 134; FIGS. 2, 5; Para [0036]).
Claim(s) 8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Komukai (US 20140296638) in view of Higuma (US 6547722).
Regarding claim 8, Komukai does not expressly disclose wherein the window is hermetically laser brazed to the cover plate.
Higuma is directed to an endoscope (abstract) and teaches wherein the window is hermetically laser brazed to the cover plate (The cover glass 47 may be hermetically joined with the front-end cover frame 48 by laser or by molten glass after the brazing and soldering.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Komukai so that the window is hermetically laser brazed (soldered) to the cover plate in accordance with the teaching of Higuma so that the distal end is hermitically sealed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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, Anhtuan Nguyen can be reached on 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 5/15/26
Prosecution Insights