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 .
Response to Amendment
The amendment filed on 08/19/2026 has been entered. Claims 1-8 are pending. Claims 9-20 are withdrawn from consideration.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, “wherein the window is substantially aligned with the optical hole of the cover plate such that reflected electromagnetic radiation passes through the window and then passes through the optical hole to the optical-electronic payload.”
In view of amendment of claim 1, the optical hole should be underneath window 1202 of the cover plate 1222 for the electromagnetic radiation to pass through the window then through the optical hole. However, in view of FIG. 12A, window 1202 is underneath the cover plate 1222 that comprises the optical hole. This means that the optical hole is disposed above window 1202 which is opposite to what claim 1 recites.
Accordingly, claim 1 fails to comply with the written description requirement.
Claim 5 encompasses similar defect as claim 1.
Claim 2-8 are rejected for being dependent on a rejected base claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “wherein the window is substantially aligned with the optical hole of the cover plate such that reflected electromagnetic radiation passes through the window and then passes through the optical hole to the optical-electronic payload.”
In view of amendment of claim 1, the optical hole should be underneath window 1202 of the cover plate 1222 for the electromagnetic radiation to pass through the window then through the optical hole.
However, in view of FIG. 12A, window 1202 is underneath the cover plate 1222 that comprises optical hole. Thus, this means that the optical hole is disposed above window 1202 which is opposite to what claim 1 recites. Thus, the positioning of the optical hole is unclear.
Claim 5 encompasses similar defect to claim 1.
Claim 2-8 are rejected for being dependent on a rejected base claim.
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 (holes 11, through which fluorescent body 13 passes light for illumination. Plurality of through holes are formed at the tip hard portion 66; Para [0050]) and optical hole ( Portion of space underneath the window 70; FIG. 12 annotated; Also note the 112(a) and 112(b) rejection set forth above. );
a window (window 70) attached to the cover plate (67); and
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;
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, and
wherein the window is substantially aligned with the optical hole of the cover plate such that reflected electromagnetic radiation passes through the window and then passes through the optical hole to the optical-electronic payload (As shown in FIG. 12, annotated, the reflected electromagnetic radiation passes through the window and then passes through the electronic payload.).
Regarding claim 2, Komukai discloses
wherein at least a portion of the optical-electronic payload is disposed at a distal end of the insertion tube (FIG. 14).
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]).
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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 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 provide); 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]) and
wherein the (Komukai: observation window 70) window is substantially aligned with both the first optical hole and the second optical hole of the cover plate (Trusty: Upon modifying Komukai for using second set of lens and prisms, a second observation holes, 132, 134 134 would be obvious to position.).
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 discloses wherein the window comprises one or more of sapphire glass (The protective cover 11 is made of, for example, sapphire glass or silica glass and is formed in the shape of a disc.), fused silica glass, or quartz.
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.
Response to Arguments
Applicants’ arguments submitted on 08/19/2026 have been fully considered. However, the arguments are not persuasive.
On page 14 of the remarks, Applicant states that Komukai does not teach both an optical hole and a window attached to the cover plate. The examiner respectfully disagrees.
Komukai teaches optical hole (Portion of space underneath the window 70; FIG. 12 annotated; Also note the 112(a) and 112(b) rejection set forth above.); an illumination hole (holes 11, through which fluorescent body 13 passes light for illumination. A plurality of through holes are formed at the tip hard portion 66; Para [0050]). Further, observation window 70 is not an empty space. It is attached to the cover plate 67. FIG. 12. Para [0051].
The examiner notes that Claim 1 recites, “wherein the window is substantially aligned with the optical hole of the cover plate such that reflected electromagnetic radiation passes through the window and then passes through the optical hole to the optical-electronic payload.” In view of this, the optical hole should be underneath window 1202 of the cover plate 1222 for the electromagnetic radiation to pass through the window then through the optical hole. However, in view of FIG. 12A, window 1202 is underneath the cover plate 1222 and optical hole is comprised in window 1202. Thus, based on the above information, the positioning of the optical hole is unclear. Please see rejection under 112(b) above.
Accordingly, applicants’ arguments are not persuasive at the time.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 09/20/2026
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