Prosecution Insights
Last updated: April 19, 2026
Application No. 18/843,353

STEREOSCOPIC ASSEMBLY, SURGICAL MICROSCOPE WITH STEREOSCOPIC ASSEMBLY, AND SURGICAL SET

Non-Final OA §102
Filed
Sep 03, 2024
Examiner
WILLIAMS, DON J
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Schölly Fiberoptic GmbH
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
89%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
743 granted / 888 resolved
+15.7% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
12 currently pending
Career history
900
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
37.4%
-2.6% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 888 resolved cases

Office Action

§102
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 . 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hauger et al (US2016/0266369A1). As to claim 1, Hauger et al disclose (fig. 1) a stereoscopic arrangement (stereoscopic operating microscope 1), (paragraphs [0054]-[0055]) comprising: at least one objective unit (5, 29A, 29B), (paragraph [0054]); at least one deflection unit (43), (paragraph [0060]); at least one image sensor (21A, 23A; 21B, 23B), (paragraph [0056]) which is arranged downstream of the at least one deflection unit (43) with respect to an optical path (beam path), (paragraphs [0055], [0060]) beginning at a stereoscopic base (4), (paragraph [0053]); and a first sub-path (7A, 9A); and a further sub-path (7B, 9B) of the optical path (beam path) are aligned with one another such that a projection of the further sub-path (7B, 9B) along a projection direction (directed in the direction of the object field 3), (paragraph [0060]) onto the first sub-path (7A, 9A) is oriented counter to the first sub-path (7A, (9A), (paragraphs [0053], [0056]-[0057]). As to claim 2, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein the projection direction (directed in the direction of the object field 3) is aligned at and to the first sub-path (7A, 9A) of the optical path (beam path), (paragraphs [0053], [0055]-[0056]). As to claim 3, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) further comprising an image sensor (21A, 23A; 21B, 23B ) arranged in a half-space containing the objective unit (5, 11A, 19A; 5, 11B, 19B), the half-space being delimited by an auxiliary plane (3) containing the deflection unit (43) and aligned orthogonally to the first sub-path (7A, 9A) of the optical path (beam path), (paragraphs [0053]-[0056]). As to claim 4, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein the auxiliary plane (3) runs through a point of incidence of the optical path (beam path) on the deflection unit (60), (paragraphs [0053], [0060]). As to claim 5, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein two optical sub-paths (7A, 9A; 7B, 9B) are formed, running from the at least one deflection unit (43) to a respective one of the image sensors (21A, 23A; 21B, 23B), and a respective optical lens (11A, 11B) or lens group (11A, 11B) is arranged in each of the two sub-paths (7A, 9A; 7B, 9B), said lens (11A, 11B) or lens group (11A, 11B) being arranged spaced from the at least one deflection unit (43) and spaced from the respective image sensor (21A, 23A; 21B, 23B) and at least one of the position or orientation of said optical lens (11A, 11B) or lens group (11A, 11B) relative to the associated deflection unit (43) and relative to the associated image sensor (21A, 23A; 21B, 23B) is adjustable, (paragraphs [0055]-[0056], [0060]). As to claim 6, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1), wherein there are at least two of the deflection units (43, 10A, 10B) are aligned such that their deflection angles (angles) define a same direction of rotation, (paragraphs [0056], [0060]). As to claim 7, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein at least one lens group (11A, 19A) of a lens arrangement (11A, 19A; 11B, 19B) is formed in the optical path (beam path) between the deflection unit (43) and the objective unit (29A, 29B), (paragraphs [0056], [0060]). As to claim 8, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein at least one lens group (11A, 19A) of a lens arrangement (11A, 19A; 11B, 19B) is formed in the further sub-path (7B, 9B) running in the auxiliary plane (3), (paragraphs [0053], [0056]). As to claim 9, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) further comprising a lens arrangement (11A, 19A; 11B, 19B) that forms a zoom lens (zoom lens, zoom system), (paragraph [0055]), wherein the deflection unit (43) is located between at least two lens groups (11A, 19B; 11B, 19B) of the zoom lens (zoom lens, zoom system), and the respective deflection unit (43) connects two of the optical sub-paths (7A, 9A; 7B, 9B) that run through the zoom lens (zoom lens, zoom system), but in different spatial directions (directions), (paragraphs [0055]-[0056]). As to claim 10, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein the at least one lens group (11A, 19B; 11B, 19B) of the zoom lens (zoom lens, zoom system) is located in a sub-path (7A, 9A; 7B, 9B), running away from the auxiliary plane (3), of the optical path (beam path), and the at least one lens group (11A, 19B; 11B, 19B) of the zoom lens (zoom lens, zoom system) is located in the first sub-path (7A, 9A), running towards the auxiliary plane (3), of the optical path (beam path), (paragraphs [0055]-[0056]). As to claim 11, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein at least one separate one of the objective units (29A, 29B) is provided for each said optical path (beam path), (paragraph [0058]). As to claim 12, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) wherein at least one common one of the at least one objective unit (29A, 29B) is provided for the optical paths (beam paths), (paragraph [0058]). As to claim 13, Hauger et al disclose (fig. 1) the stereoscopic arrangement further comprising at least one beam splitter (10A, 15A; 10B, 15B) located in the at least one optical path (beam path), and a separate one of the image sensors (21A, 23A; 21B, 23B) is arranged in each sub-beam (7A, 9A; 7B, 9B) leaving the beam splitter (10A, 15A; 10B, 15B), (paragraphs [0056]-[0057]). As to claim 14, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) further comprising at least one focus unit (5) is arranged upstream of the at least one deflection unit (43) in the beam path (beam path) and by via the focus unit (5) it is possible to change a position of a focus plane (3) of the stereoscopic arrangement (stereoscopic operating microscope 1), (paragraphs [0053]-[0055], [0060]). As to claim 15, Hauger et al disclose (fig. 1) the stereoscopic arrangement (stereoscopic operating microscope 1) further comprising at least one adjustable aperture stop (31A, 31B) arranged downstream of the at least one objective unit (29A, 29B) in the beam path (beam path), said aperture stop (31A, 31B) being configured to adjust at least one of a depth of field (focal depth) running from the at least one deflection unit (43) to a respective one of the image sensors (21A, 23A; 21B, 23B), and a respective one of the adjustable aperture stops (31A, 31B) is arranged in each of the two optical paths (beam paths), (paragraphs [0056], [0058]). As to claim 16, Hauger et al disclose (fig. 1) a surgical microscope (1) having a stereoscopic arrangement (stereoscopic operating microscope 1), (paragraph [0053]). As to claim 17, Hauger et al disclose (fig. 1) a surgical kit (27) for use in surgical interventions, comprising: the stereoscopic arrangement (stereoscopic operating microscope 1) a screen (37A, 37B) for displaying a stereoscopic image (superimposition image) that has been recorded with the stereoscopic arrangement, wherein the screen (37A, 37B) is arranged behind the stereoscopic arrangement (stereoscopic operating microscope 1) such that a surgeon (surgeon), (paragraph [0058]) looking at the screen (37A, 37B) in order to observe (observe) a patient with the aid of the stereoscopic arrangement (stereoscopic operating microscope 1) has a clear view of the screen (37A, 37B), (paragraph [0055]-[0056]), and (fig. 2, fig. 3) a movable robot arm (114, 115), wherein the stereoscopic arrangement is attached to the robot arm (114, 115) so as to be able to pivot (tilting, rotation) such that it is possible to change (adjust) a viewing angle of the stereoscopic arrangement (stereoscopic operating microscope 1), (paragraphs [0064]-[0065]), wherein the stereoscopic arrangement (stereoscopic operating microscope 1) is aligned such that a stereoscopic base (4) of the stereoscopic arrangement runs parallel to the screen (37A, 37B) and such that the optical paths (beam paths) of the stereoscopic arrangement are guided away parallel to the stereoscopic base (4) and to the side with respect to a line of sight between the surgeon (surgeon) and the screen (37A, 37B), (paragraphs [0057]-[0058]). As to claim 18, Hauger et al disclose (fig. 1) the surgical kit as wherein there are two of the sub-paths (7A, 9A; 7B, 9B) of the stereoscopic arrangement, which run between the at least one deflection unit (43) and the least one image sensor (21A, 23A; 21B, 23B), which are arranged above one another with respect to the sub-path (7A, 9A; 7B, 9B), running between the objective unit (5, 29A, 29B) and the at least one deflection unit (43), of the stereoscopic arrangement (stereoscopic operating microscope 1), (paragraphs [0054]-[0056], [0058]). As to claim 19, Hauger et al disclose (fig. 1) the stereoscopic arrangement wherein a respective setting means (Galilean changer) is formed so as to adjust (changing) the at least one of the position or orientation of the respective optical lens (11A, 19A) is permanently fixed (fixed manner, fixed lens), (paragraphs [0055]). As to claim 20, Hauger et al disclose (fig. 1) the stereoscopic arrangement wherein at least one lens group (11A, 19A) of a lens arrangement (11A, 19A; 11B, 19B) is formed in the optical path (beam path) between the deflection unit (43) and the image sensor (21A, 23A; 21B, 23B), (paragraphs [0055]-[0056], [0060]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m.. 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, Georgia Epps can be reached at 571-272-2328. 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. /DON J WILLIAMS/Examiner, Art Unit 2878 /GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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Prosecution Timeline

Sep 03, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §102 (current)

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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
84%
Grant Probability
89%
With Interview (+5.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 888 resolved cases by this examiner. Grant probability derived from career allow rate.

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