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 with traverse of group I in the reply filed on 07/29/2026 is acknowledged. The traversal is on the ground(s) that Malinskiy does not disclose or suggest a light engine coupled to the distal end of the flexible cable and removably coupled to the scope, as recited in the claims. This is not found persuasive because “coupled to the distal end of the flexible cable and removably coupled to the scope” is not part of the technical feature because claim 19 does not recite this limitation.
The traversal is further on the ground(s) that Malinskiy does not disclose or suggest the light engine as the interface between the flexible cable and the scope. This is not found persuasive because “the light engine as the interface between the flexible cable and the scope” is not part of the technical feature because neither claim 18 nor 19 recites this limitation.
The requirement is still deemed proper and is therefore made FINAL.
Status of Claims
Claims 1-20 are pending, claims 18-20 have been withdrawn from consideration, and claims 1-17 are currently under consideration for patentability under 37 CFR 1.104
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/23/2024 has been considered by the examiner.
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. Therefore, the head unit includes a display screen configured to display an image of a target area viewed by the scope (claim 12) 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.
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) 1-11, 13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Malinskiy et al. (U.S.2019/0357758).
With respect to claim 1, Malinskiy et al. teaches a wireless imaging device comprising:
a head unit (32) configured to couple to a scope, the head unit having a housing with an internal cavity (FIG. 6)) configured to receive a battery (76, FIG. 2);
a flexible cable (39) having a proximal end and a distal end, the proximal end of the flexible cable being coupled to the head unit (FIG. 1); and
a light engine (42/61) having a first end coupled to the distal end of the flexible cable and a second end opposite the first end, the light engine configured to be removably coupled to a scope at the second end (FIG. 10) such that when the light engine is coupled to the scope, the light engine and the scope are freely rotatable relative to the head unit (via 67 for example).
With respect to claim 2, Malinskiy et al. teaches the light engine includes a light converter (205) comprising a plurality of phosphor particles volumetrically disposed within a substrate (para [0108]).
With respect to claim 3, Malinskiy et al. teaches the light engine includes an optical element (204) and a window (207) such that the light converter is disposed between the optical element and the window of the light engine (FIG. 23).
With respect to claim 4, Malinskiy et al. teaches the light converter is a disk (FIG. 23).
With respect to claim 5, Malinskiy et al. teaches the head unit includes a first end and a second end opposite the first end, the first end having a planar front face (FIG. 7).
With respect to claim 6, Malinskiy et al. teaches the planar front face includes a power cable port (34) and a mount (48), the power cable port being co-planar with the mount and coupled to the flexible cable (FIG. 10 for example).
With respect to claim 7, Malinskiy et al. teaches the planar front face is disposed opposite the internal cavity (FIG. 7).
With respect to claim 8, Malinskiy et al. teaches a removable battery sized and shaped to be inserted into the internal cavity (FIG. 10).
With respect to claim 9, Malinskiy et al. teaches the removable battery includes an exposed distal portion that is exposed and flush with the housing when the removable battery is disposed within the internal cavity (FIG. 10).
With respect to claim 10, Malinskiy et al. teaches the head unit includes a coupling element configured to engage the removable battery when the removable battery is inserted into the internal cavity (para [0052]).
With respect to claim 11, Malinskiy et al. teaches the head unit includes a mount (48) configured to couple to one or more of C-mount scopes, eye-piece scopes, and direct view scopes.
With respect to claim 13, Malinskiy et al. teaches the light engine includes a volumetric converter, an optical element, a window, and an opening arranged in series along a central axis (FIG. 23).
With respect to claim 15, Malinskiy et al. teaches at least one antenna (68) disposed within the head unit, the at least one antenna configured to wirelessly communicate with a remote receiver (para [0069] for example).
With respect to claim 16, Malinskiy et al. teaches the light engine includes an illumination source generating a first light having a first wavelength, the first light being converted by a volumetric converter to a second light having a second wavelength different than the first wavelength (para [0105]-[0106]).
With respect to claim 17, Malinskiy et al. teaches the light engine includes an outer shell (61) and an opening extending at least partially through the outer shell along a central axis (FIG. 11 for example).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malinskiy et al. (U.S.2019/0357758) in view of Ouyang et al. (U.S. 2016/0367119).
Malinskiy et al. teaches a wireless imaging device as set forth above. However, Malinskiy et al. does not teach the head unit includes a display screen configured to display an image of a target area viewed by the scope.
With respect to claim 12, Ouyang et al. teaches a wireless imaging device including a head unit wherein the head unit includes a display screen configured to display an image of a target area viewed by the scope (FIG. 3, 150).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Malinskiy et al. to include the display screen in the manner taught by Ouyang et al. in order to provide a reusable, replaceable, sterilizable display (para [0048] of Ouyang et al.).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malinskiy et al. (U.S.2019/0357758).
With respect to claim 14, Malinskiy et al. teaches the light engine includes an outer shell (61), the outer shell configured to maintain the light engine at a temperature (para [0060]).
Malinskiy et al. does not specifically teach the shell 61 maintains the light engine at a temperature under approximately 45° C. However, it would be obvious for one of ordinary skill in the art to modify the material and/or dimensions of the shell 61 to produce the desired heat sink performance with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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