Prosecution Insights
Last updated: October 04, 2026
Application No. 18/813,355

OPTICAL STRUCTURE FOR SURGICAL MICROSCOPES AND SURGICAL MICROSCOPE

Non-Final OA §103
Filed
Aug 23, 2024
Priority
Nov 15, 2022 — CN 202211427023.1 +1 more
Examiner
QURESHI, MARIAM
Art Unit
Tech Center
Assignee
Zumax Medical Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
506 granted / 670 resolved
+15.5% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
45 currently pending
Career history
699
Total Applications
across all art units

Statute-Specific Performance

§103
58.8%
+18.8% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 670 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Invention I, Claims 1-12 in the reply filed on 7/21/26 is acknowledged. Accordingly, Claims 13-20 are withdrawn from consideration. 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. Claims 1, 3, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (US Publication No.: US 2023/0346502 A1, “Zheng”) in view of Lee (US Publication No.: US 2006/0072203 A1). Regarding Claim 1, Zheng discloses an optical structure for surgical microscopes (Paragraph 0003), comprising a turning unit and a binocular unit (Figure 5, turning unit 1/2/3, binocular unit 4/5/13/14/15/8/6; Paragraph 0024), The turning unit and the binocular unit being sequentially arranged along an optical path direction (Paragraph 0024), wherein The turning unit comprises a right-angle prism (Figure 1, right-angle prism 2; Paragraph 0024); and The binocular unit comprises a prism/lens group, a first right-angle prism, a second right-angle prism, and an ocular, the prism/lens group, the first right-angle prism, the second right-angle prism and the ocular being sequentially arranged along the optical path direction, and the prism/lens group comprising a small objective lens (Figure 5, prism/lens group 13/14/15, first right-angle prims 8, second right-angle prism 5, ocular 6). Zheng fails to disclose that the turning unit comprises a right-angle roof prism. However, Lee discloses a similar optical structure where the turning unit comprises a right-angle roof prism (Lee, Paragraph 0048). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the turning unit as disclosed by Zheng to include a right-angle roof prism as disclosed by Lee. One would have been motivated to do so for the purpose of optimizing the invention to reduce the amount of prism and simplify the manufacturing process (Lee, Paragraph 0050). Regarding Claim 3, Zheng in view of Lee discloses the optical structure for surgical microscopes according to claim 1, wherein the prism/lens group is an angle-adjustable prism/lens group (Zheng, Paragraph 0023). Regarding Claim 7, Zheng in view of Lee discloses the optical structure for surgical microscopes according to claim 1, wherein the prism/lens group does not comprise a meniscus lens (Zheng, Figure 1 clearly discloses no meniscus lens; Paragraphs 0023-0026). Allowable Subject Matter Claims 2, 4-6, 8-12 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. -Tesar (US 2017/0020627 A1) discloses a surgical microscope comprising a binocular and turning prims (Tesar, Figure 1). -Straehle (US 2003/0165012 A1) discloses a surgical microscope comprising a binocular unit and a turning prism (Straehle, Figure 1; Figure 7). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F. 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, Michael Caley can be reached at 571-272-2286. 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. /MARIAM QURESHI/Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12742976
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+22.3%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 670 resolved cases by this examiner. Grant probability derived from career allowance rate.

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