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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Figures 4-7 depict the contact form of connection between transmission components using an electrical signal, but not the non-contact forms of the signal transmission component (e.g. magnetic, light, sound, electromagnetic) as recited in claims 5-6 and 19-20. Therefore, the signal transmission components for transmitting a magnetic field signal, the signal transmission components for transmitting a light signal, the signal transmission components for transmitting a electromagnetic signal, and the signal transmission components for transmitting a sound signal must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “key component,” “image processing component,” and “optical component” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claim(s) 1 and 8-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang et al. (US 2021/0127948) in view of Weigel et al. (DE102009056226A1) in further view of Hoeg et al. (US 2006/0206003).
All foreign human-assisted machine translations are provided here forthwith.
Regarding claim 1, Pang discloses:
An imaging apparatus for a rigid endoscope, comprising: a connection component, a key component (220, paragraph [0099]), a handle component ((240, paragraph [0099]), and an optical component (paragraph [0100], see fig. 2A); wherein: the key component is configured to be triggered by a user (paragraph [0099]); the handle component comprises a housing and an image processing component (288, paragraphs [0099], [110], see Fig. 2B), wherein the image processing component is accommodated inside an inner cavity of the housing, and is configured to receive an optical signal which is transmitted by the optical component, and generate an image signal (paragraph [0110], see fig. 2B); the connection component comprises a first connection part and a second connection part (206, 250, paragraphs [0100], [0101], see Fig. 2A), wherein the second connection part is capable of being connected with the rigid endoscope, which connection is capable of being disconnected (206, paragraph [101]; see Fig. 2A); the first connection part comprises a first section and a second section, wherein the first section is connected with the handle component (space holding 298 connected to handle 240, see Fig. 2B), the second section is connected with the second connection part (second section holding 268 connected to second connection part holding 270, see Fig, 2B); the first section is provided with a first channel and the second section is provided with a second channel, wherein the first channel and the second channel are joined together (see Fig. 2B); the optical component comprises a first optical element which is arranged inside the first channel (298, paragraph [0108], see Fig. 2B), and a second optical element which is arranged inside the second channel (268, paragraph [0106], see Fig. 2B); wherein an optical axis of the first optical element is substantially perpendicular to an optical axis of the second optical element (267, 273, paragraphs [106]-[0108]; see Fig. 2C); and the image processing component is further configured to receive the light signal and generate the image signal, in response to a triggering of the key component (key component 220 controls functions of the camera unit, [0099], one of the functions being receiving a light signal and generating an image/video data, [0110]). Pang does not explicitly disclose a handle component is capable of being driven by an external force to move relative to the key component. Hoeg teaches a rotatable handle component capable of being driven by an external force to move relative to the key component (first connection part 84, handle 82, see Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a rotatable handle in the apparatus of Pang in order to additionally allow the surgeon to reorient an image onto a screen (Hoeg: paragraph [0005]). In addition, Pang does not explicitly disclose a key component is arranged at the first connection part. Weigel discloses a key component is arranged at the first connection part (setting switch 12, operation buttons 14, paragraph [0027], see Figs. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a key component at the first connection part of Pang, as taught by Weigel, to be ergonomically beneficial so that the key components do not rotate with the handle of Pang as modified.
Regarding claim 8, Pang as modified discloses:
The imaging apparatus for a rigid endoscope wherein one end of the second section of the first connection part is connected with the first section of the first connection part, the other end of the second section is connected with the second connection part; wherein a first end of the first section, which first end is away from the second section, is connected with the handle component; wherein, the key component is arranged at a second end of the first section, wherein the second end is away from the handle component (cross-sectional view of housing with channels between cavities of the device showing the disclosed arrangement, see Fig. 2B).
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Regarding claim 9, Weigel discloses:
The imaging apparatus for a rigid endoscope wherein the key component is arranged at a side of the first section, wherein the side faces away the second section (setting switch 12, operation buttons 14, paragraph [0027], see Figs. 1-2).
Regarding claim 10, Hoeg discloses:
The imaging apparatus for a rigid endoscope wherein the handle component is configured to be driven by an external force to rotate relative to the key component (first connection part 84, handle 82, see Fig. 4).
Regarding claim 11, Pang as modified discloses
An imaging apparatus for a rigid endoscope, comprising: a connection component, a key component (220, paragraph [0099]), a handle component ((240, paragraph [0099]), and an optical component (paragraph [0100], see fig. 2A); wherein: the key component is configured to be triggered by a user (paragraph [0099]); the handle component is configured to be held by a user and/or used by a user to implement a manual adjustment (handle component is sized and shaped for gripping and manipulation by a user, paragraph [0099]); the connection component comprises a first connection part and a second connection part (206, 250, paragraphs [0100], [0101], see Fig. 2A), wherein the second connection part is capable of being connected with the rigid endoscope, which connection is capable of being disconnected (206, paragraph [101]; see Fig. 2A); the first connection part comprises a first section and a second section; one end of the second section is connected with the first section, the other end of the second section is connected with the second connection part (second section holding 268 connected to second connection part holding 270, see Fig, 2B); a first end of the first section, which first end is away from the second section, is connected with the handle component (space holding 298 connected to handle 240, see Fig. 2B); the first section is provided with a first channel and the second section is provided with a second channel, wherein the first channel and the second channel are joined together (see Fig. 2B); the optical component comprises a first optical element which is arranged inside the first channel (298, paragraph [0108], see Fig. 2B), and a second optical element which is arranged inside the second channel (268, paragraph [0106], see Fig. 2B); wherein an optical axis of the first optical element is substantially perpendicular to an optical axis of the second optical element (267, 273, paragraphs [106]-[0108]; see Fig. 2C). Pang does not explicitly disclose a key component is arranged at the second end of the first section, wherein the second end is away from the handle component, but does show existing functionality for user control on the housing of the claimed invention. Weigel teaches a key component is arranged at the second end of the first section, wherein the second end is away from the handle component (setting switch 12, operation buttons 14, on part 2 which is analogous to the first section, paragraph [0027], see Figs. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a key component at the first connection part of Pang, as taught by Weigel, as a suitable ergonomically beneficial position for the key components relative to the handle component. One of ordinary skill would recognize that such positioning would allow for gripping and manipulation of the handle without interference with or accidental actuation of the key component.
Regarding claim 12, Pang as modified discloses:
wherein the one end of the second section is connected with the second end of the first section, so as to form an L-shaped structure (see figure 2B above where end of the section second connects with the end of the first section to create an L-shaped structure).
Regarding claim 13, Pang as modified discloses:
The imaging apparatus for a rigid endoscope wherein a central axis of the first channel is substantially perpendicular to a central axis of the second channel (two cavities housing 268 and 298 are perpendicular to one another, see Fig. 2B).
Regarding claim 14, Weigel discloses:
an imaging apparatus for a rigid wherein the key component is arranged at a side of the second end, wherein the side faces away the second section (paragraph [0013], see Figs. 1-2).
Regarding claim 15, Pang as modified discloses the invention substantially as claimed in claim 1.
Additionally, he discloses an endoscope system, comprising a light source host (16, paragraph [0150], see Fig. 7); a light guide beam (15, paragraph [0150], see Fig. 7), wherein one end of the light guide beam is connected with the light source host, the other end of the light guide beam is connected with a rigid endoscope, wherein the light beam is configured to provide a light source for the external endoscope (see Fig. 7) and an imaging apparatus which is connected with the imaging host through a communication cable (18, paragraph [0150], see Fig. 7), so as to transmit an image signal which is obtained by the imaging apparatus to the imaging host.
Regarding claim 16, Pang as modified discloses:
The endoscope system wherein one end of the second section of the first connection part is connected with the first section of the first connection part, the other end of the second section is connected with the second connection part (second section holding 268 connected to second connection part holding 270, see Fig, 2B); wherein a first end of the first section that is away from the second section is connected with the handle component (space holding 298 connected to handle 240, see Fig. 2B); wherein, the key component is arranged at a second end of the first section, wherein the second end is away from the handle component (Weigel: operating buttons 14, see Figs. 1-2).
Regarding claim 17, Pang as modified discloses:
The endoscope system wherein the key component is arranged at a side of the first section, wherein the side faces away the second section (Weigel: operating buttons 14, see Figs. 1-2).
Claim(s) 2, 4-5, 7, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang et al. (US 2021/0127948) in view of Weigel et al. (DE102009056226A1) in further view of Kubon et al. (US 20190067891).
Regarding claim 2, Pang as modified discloses the invention substantially as claimed in claim 1.
Pang as modified does not teach an imaging apparatus for a rigid endoscope further comprising a signal transmission component, which comprises a first transmission part and a second transmission part; wherein the first transmission part is connected with the first connection part, and is further electrically connected with the key component; the second transmission part is connected with the handle component, and is further electrically connected with the image processing component; wherein the second transmission part is capable of rotating relative to the first transmission part, during a rotation of the handle component. Kubon discloses a high-frequency transmission of data between functional units, which are mounted rotatably with respect to each other of an endoscope (2a, 2b, paragraph [0060], see Figs. 1-2). The Examiner notes that two functional units are transmission parts that are capable of rotation relative to each other and that Pang does disclose key components that enable user control over the functions of a camera unit or imaging system (Pang: paragraph [0099]) which would necessitate a connection between the key components and imaging processing component thus achieving the configuration disclosed in claim 2 as is known in the art.
Regarding claim 4, Pang as modified discloses the invention substantially as claimed in claim 2.
Kubon teaches an imaging apparatus for a rigid endoscope wherein, a signal is transmitted between the first transmission part and the second transmission part is an electrical signal (electric connecting element 3 implies electrical signal, see Figs. 1-2).
Regarding claim 5, Pang as modified discloses the invention substantially as claimed in claim 2.
Kubon an imaging apparatus for a rigid endoscope wherein, a signal transmitted between the first transmission part and the second transmission part comprises at least one of: a magnetic field signal, an optical signal, an electromagnetic wave signal, or a sound signal (paragraph [0011]).
Regarding claim 7, Pang as modified discloses the invention substantially as claimed in claim 2.
Pang as modified teaches an imaging apparatus for a rigid endoscope, wherein the signal transmission component further comprises a first flexible circuit board, wherein the first transmission part is further electrically connected with the key component through the first flexible circuit board; or the signal transmission component further comprises a second flexible circuit board, wherein the second transmission part is further electrically connected with the image processing component through the second flexible circuit board (electronic circuits 34 present in printed circuit board 11, paragraph [0064]). The Examiner notes that the claim language recites that there is one circuit board present on either the first transmission part or the second transmission part and as aforementioned enable user control over the functions of a camera unit or imaging system would necessitate a connection between the key components or imaging processing component.
Regarding claim 18, Pang as modified discloses the invention substantially as claimed in claim 15.
Kubon teaches the endoscope system comprising a signal transmission component, which comprises a first transmission part and a second transmission part; wherein the first transmission part is connected with the first connection part, and is further electrically connected with the key component; the second transmission part is connected with the handle component, and is further electrically connected with the image processing component; wherein the second transmission part is capable of rotating relative to the first transmission part, during a rotation of the handle component (2a, 2b, paragraph [0060], see Figs. 1-2). The Examiner notes that two functional units are transmission parts that are capable of rotation relative to each other and that Pang does disclose key components that enable user control over the functions of a camera unit or imaging system (Pang: paragraph [0099]) which would necessitate a connection between the key components and imaging processing component thus achieving the configuration disclosed in claim 2 as is known in the art.
Allowable Subject Matter
Claim(s) 3, 6, 19, and 20 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. US 2005/0197533 discusses a rotatable endoscope system having a rotatable insertion tube. US 2024/0180393 discusses an endoscopic device with a rotatable assembly connected to the proximal end of an endoscope. Of particular importance, US 2018/0192857 discusses an endoscopic device with a pannable camera, where the camera head is analogous to the handle 80 and handle 80 rotates with distal part 90 wherein the key components may be placed anywhere on the handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER NGUYEN whose telephone number is (571)272-0127. The examiner can normally be reached Monday - Friday 7:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (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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/PETER NGUYEN/Examiner, Art Unit 3795
/JOHN P LEUBECKER/Primary Examiner, Art Unit 3795