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 .
Status of Claims
In the present application, Claims 1-10 are currently pending and examined below.
Claim Objections
Claims 1 and 10 are objected to because of the following informalities: :
Claim 1 recites the limitation “An endoscope having light source…” in line 1. The limitation should be amended to state, “An endoscope having a light source…” to be grammatically correct.
Claim 1 recites the limitation “A light source assembly…” in line 2. The limitation should be amended to state, “a light source assembly…” to be grammatically correct.
Claim 1 lines 11- 13 recites the limitation “a camera assembly disposed inside the light source assembly with one end of the camera assembly protruded through one of the apertures and being adjacent to the light permeable cover to perform image capturing.” The limitation could be interpreted as a method step in a device claim, wherein the method step requires the camera to perform the step of capturing an image, rending the claim indefinite under MPEP 2173.05(p)(II). Therefore, it is suggested to amend the limitation to state, “a camera assembly disposed inside the light source assembly with one end of the camera assembly protruded through one of the apertures and being adjacent to the light permeable cover, wherein the camera is configured to capture an image.”
Claim 10 recites the limitation “…which allows the function channel to communicate with outside of the light permeable cover” in lines 3-4. The limitation should be amended to state, “…which allows the function channel to communicate an exterior .
Appropriate correction is required.
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, 2, 5, 6, 7, and 10 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 the limitation "the light sources elements" in lines 6 and 10. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of light source elements.” Appropriate correction is required.
Claim 1 recites the limitation "the apertures" in lines 12 and 15-16. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of apertures.” Appropriate correction is required.
Claim 1 recites the limitation "the functional channel" in line 15. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the at least one functional channel.” Appropriate correction is required.
Claim 2 recites the limitation "the light source elements" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of light source elements.” Appropriate correction is required.
Claim 5 recites the limitation "the light source elements" in line 6. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of light source elements.” Appropriate correction is required.
Claim 6 recites the limitation "the inside" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “an inside.” Appropriate correction is required.
Claim 6 recites the limitation "the long groove" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation “the plurality of parallel long grooves.” Appropriate correction is required.
Claim 6 recites the limitation "the light source element" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of light source elements.” Appropriate correction is required.
Claim 6 recites the limitation "the corresponding light source element" in line 6. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 7 recites the limitation "the long groove" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation “the plurality of parallel long grooves.” Appropriate correction is required.
Claim 10 recites the limitation "the functional channel" twice in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the at least one functional channel.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipate by Levy et al. (US2014/0296643) hereinafter Levy.
Regarding Claim 1, Levy discloses an endoscope (Fig. 1 endoscope assembly 100) having light source, comprising:
a light source assembly (Fig. 42 tip 4200) comprising a flexible substrate (Figs. 25-26D flexible LED carrier substrate or illumination circuit board 720) and a plurality of light source elements (Figs. 25-26d, 42 illuminators 740, 750, 760) disposed on the flexible substrate (Figs. 25-26D flexible LED carrier substrate or illumination circuit board 720), the flexible substrate (Fig. 25 flexible LED carrier substrate or illumination circuit board 720) having a top face portion (see annotated Fig. 42), a connecting portion (Figs. 25-26 strips 724a/b), and a lateral portion (see annotated Fig. 42), the top face portion (see annotated Fig. 42)being connected to the lateral portion (see annotated Fig. 42) via the connecting portion (Figs. 25-26 strips 724a/b), wherein the top face portion (see annotated Fig. 42) is non-parallel to the lateral portion (see annotated Fig. 42), the light source elements (Fig. 25 illuminators 740, 750, 760) are disposed at least on the lateral portion (see annotated Fig. 42), and the top face portion (see annotated Fig. 42)has a plurality of apertures portion (Figs. 25-26 cutouts around portion 722a to include the u-shape of substrate 720 near reference numeral 4210 of Fig. 42);
a light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]) disposed over the light source assembly (Figs. 2a/b, 25, 42 tip section 200/tip 4200) and covering the light source elements (Fig. 25 illuminators 740, 750, 760);
a camera assembly (Fig. 42 imaging module 4206) disposed inside the light source assembly (Fig. 42 tip 4200) with one end of the camera assembly protruded through one of the apertures portion (Figs. 25-26 cutouts around portion 722a to include e the u-shape of substrate 720 near reference numeral 4210 of Fig. 42) and being adjacent to the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]) to perform image capturing; and
at least one functional channel (Fig. 42 cable 4207) disposed inside the light source assembly (Fig. 42 tip 4200) with one end of the functional channel (Fig. 42 cable 4207) protruded through another one of the apertures (Figs. 25-26 cutouts around portion 722a to include e the u-shape of substrate 720 near reference numeral 4210 of Fig. 42) and being adjacent to the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]).
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Regarding Claim 2, Levy discloses the endoscope having light source according to claim 1, wherein the lateral portion (see annotated Fig. 42) comprises a main section (see annotated Fig. 42) and a surrounding arm(see annotated Fig. 42), a first side of the main section (see annotated Fig. 42) is connected to the connecting portion (Figs. 25-26 strips 724a/b), a second side of the main section(see annotated Fig. 42) is connected to the surrounding arm(see annotated Fig. 42), the surrounding arm (see annotated Fig. 42) surrounds the top face portion(see annotated Fig. 42), and the light source elements (Figs. 25-26d, 42 illuminators 740, 750, 760) disposed on the surrounding arm (see annotated Fig. 42) surround the top face portion (see annotated Fig. 42).
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Regarding Claim 3, Levy discloses the endoscope having light source according to claim 2, wherein the surrounding arm (see annotated Fig. 42) has a protruded tab (Fig. 25 connector 726) for electrically connecting to a power cable and/or a signal cable (Fig. 42 substrate 4206 [0823]) to provide power and/or signal to the light source elements (Figs. 25-26d, 42 illuminators 740, 750, 760).
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Regarding Claim 4, Levy discloses the endoscope having light source according to claim 2 further comprising a fixing base (Fig. 43 holder 4300 and illustrated as 4205 in Fig. 42 and similar to holder 780 of Figs. 26A-D) which has a sleeve portion (Fig. 43 edges of holder 4300 and illustrated as 4205 in Fig. 42), wherein the sleeve portion (Fig. 43 edges of holder 4300 and illustrated as 4205 in Fig. 42) inserts into the light source assembly which allows the top face portion (see annotated Fig. 42) and the main section (see annotated Fig. 42) and the surrounding arm (see annotated Fig. 42) of the lateral portion (see annotated Fig. 42) to abut against the sleeve portion (Fig. 43 edges of holder 4300 and illustrated as 4205 in Fig. 42), thereby providing support.
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Regarding Claim 5, Levy discloses the endoscope having light source according to claim 1, wherein the lateral portion (see annotated Fig. 42) comprises a main section (see annotated Fig. 42) and a pair of surrounding arms (see annotated Fig. 42), a first side (see annotated Fig. 42) of the main section (see annotated Fig. 42) is connected to the connecting portion (Figs. 25-26 strips 724a/b), a pair of second sides (see annotated Fig. 42) are respectively connected to the pair of surrounding arms (see annotated Fig. 42), the pair of surrounding arms (see annotated Fig. 42) extend in opposite directions and surround the top face portion (see annotated Fig. 42), and the light source elements (Figs. 25-26d, 42 illuminators 740, 750, 760) disposed on the pair of surrounding arms (see annotated Fig. 42) surround the top face portion (see annotated Fig. 42).
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Regarding Claim 6, Levy discloses the endoscope having light source according to claim 1, wherein the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]) is provided in a tube shape(Fig. 42) having one enclosed end, a plurality of parallel long grooves (grooves of tip cover 4201 and rear tip cover 4202 at the mating portion) are arranged on the inside of the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]), one end of each of the long groove (grooves of tip cover 4201 and rear tip cover 4202 at the mating portion) forms a slope (Fig. 42 near windows 4204) whose location corresponds to at least one of the light source element (Figs. 25-26d, 42 illuminators 740, 750, 760), and the slope (Fig. 42 near windows 4204) and a light-emitting surface of the corresponding light source element (Figs. 25-26d, 42 illuminators 740, 750, 760) form an acute angle therebetween.
Regarding Claim 7, Levy discloses the endoscope having light source according to claim 6 further comprising a fixing base (Fig. 43 holder 4300 and illustrated as 4205 in Fig. 42 and similar to holder 780 of Figs. 26A-D) which has a mating portion (Fig. 42 exterior portion of holder 4205/4300 that nests inside tip cover 4201 and rear cover 4202), wherein the mating portion (Fig. 42 exterior portion of holder 4205/4300 that nests inside tip cover 4201 and rear cover 4202)is provided with a plurality of parallel long ribs (Fig. 42 ribs of holder 4300/4205) which are inserted into and mated with the long grooves (grooves of tip cover 4201 and rear tip cover 4202 at the mating portion) respectively allowing the fixing base (Fig. 43 holder 4300 and illustrated as 4205 in Fig. 42 and similar to holder 780 of Figs. 26A-D)to be coupled with the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]).
Regarding Claim 8, Levy discloses the endoscope having light source according to claim 1, wherein the lateral portion (see annotated Fig. 42) is perpendicular to the top face portion (see annotated Fig. 42) .
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Regarding Claim 9, Levy discloses the endoscope having light source according to claim 1, wherein the connecting portion (Figs. 25-26 strips 724a/b) has a U-shape curved structure (Fig. 25-26D carrier portion 722a).
Regarding Claim 10, Levy discloses the endoscope having light source according to claim 1, wherein the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]) has at least one through hole (Figs. 26a-d, 42 hole of front pointing camera 716a) whose location corresponds to the functional channel (Fig. 42 cable 4207) which allows the functional channel (Fig. 42 cable 4207) to communicate with outside of the light permeable cover (Fig. 42 front tip cover 4201 and rear tip cover 4202, [0822-0823] and [0127]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795