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
This application contains claims directed to the following patentably distinct species of the first articulating structure:
Species I: Fig. 2-6, comprising the first articulating structure/axial articulation tube 204
Species II: Fig. 7-9, comprising the first articulating structure/axial articulation tube 304
Species III: Fig 10, comprising the first articulating structure/axial articulation tube 404
The species are independent or distinct because the different species recite the mutually exclusive characteristics of the first articulating structure/axial articulation tube. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claims 1, 2, 6, 8-12, 14, and 16 appear to be generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
the species of grouping of patentably indistinct species have acquired a separate status
in the art in view of their different classification
the species or groupings of patentably indistinct species have acquired a separate status
in the art due to their recognized divergent subject matter
the species or groupings of patentably indistinct species require a different field of
search (e.g., searching different classes/subclasses of electronic resources, or employing
different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with David Villalpando on March 23, 2026 a provisional election was made without traverse to prosecute the invention of Species I, claims 1, 2, 5-12, 15-17, 19 and 20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 3, 4, 13, 14, and 18 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement (IDS) filed on February 6, 2025 is being considered by the examiner.
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, 2, 5, 8, 11, 12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Tortola (US2021/0282628).
Regarding claim 1, Tortola discloses an instrument (Fig. 1: multi-angle imaging device 30) including:
an instrument shaft having a distal end portion that is transparent (Fig. 1: elongate shaft 170; Fig. 6: distal end of elongate shaft 170 is transparent dome cap 210 [0042], which houses the multi-angle platform), the distal end portion also having a working channel opening (while not explicitly stated, it is highly suggested that there is an opening for the one or more working channels [0009] for instruments to exit);
a working channel tube extending through the instrument shaft to the working channel opening (elongate shaft may comprise one or more working channels for instruments [0009]) with a sensor area being defined between an external surface of the working channel tube and an internal surface of the distal end portion (although not explicitly illustrated or described, the sensor area in Tortola as the space within the walls of the dome cap 210/elongated shaft 170 that is not occupied by the one or more working channels mentioned in [0009]);
a first articulating structure positioned within the instrument shaft for rotation about a longitudinal axis (L) of the distal end portion of the instrument shaft (cylindrical rotation platform 230 is manipulated with pivot handle 140 to rotate the imager 120 about barrel axis 39 [0042]);
a second articulating structure mounted on the first articulating structure (multi-angle platform 300 is pivoted about the camera module mounting axis 220 by manipulating pivot lever 150 [0042], Fig. 7: multi-angle platform 200 is mounted to cylindrical rotation platform 230 through what appears to be hinges 245);
an image sensor assembly having an imaging axis (I) (imager 120, lens system 110, LEDs 120 and light pipes 260 form the imaging assembly [0034] and comprises an imaging axis that is perpendicular to the flat surface of the imager), the image sensor assembly being mounted on the second articulating structure to facilitate rotation of the imaging axis (I) about a lateral articulation axis (T1, T2) extending transverse to the longitudinal axis (L) of the distal end portion of the instrument shaft while maintaining the image sensor assembly within the sensor area (Fig. 7: imaging assembly, formed of the imager 120, lens system 110, LEDs 120 and light pipes 260, is mounted on the multi-angle platform 300, the multi-angle platform 300 is pivoted to vary angle a of viewing axis 75 [0033], transverse of the longitudinal axis/barrel axis 39); and
an articulation control assembly configured to control rotation of the first articulating structure about the longitudinal axis (L) of the distal end portion of the instrument shaft and to control the articulation of the image sensor assembly about the lateral articulation axis (T1, T2) (Figs. 1 & 5: pivot lever 150 at proximal end 190 configured to pivot multi-angle imaging platform 300 to vary angle a of viewing axis 75; pivot lever 140, also positioned at proximal end 190, configured to rotate the viewing angle of distal end about 360 degrees of rotation about barrel axis 39 [0033]).
Regarding claim 2, Tortola discloses the instrument of claim 1, further disclosing wherein the first articulating structure includes an axial articulation tube within the instrument shaft (Fig. 6: outer barrel 35 appears to form the rotating platform 230, both of which are within the elongate shaft 170 [0041]) with a longitudinal axis of the axial articulation tube aligning with the longitudinal axis (L) of the distal end portion of the instrument shaft (Fig. 6: outer barrel 35 and rotating platform 230 appear centered within the elongate shaft 170, sharing a longitudinal axis), the axial articulation tube being mounted within the instrument shaft for rotation about the longitudinal axis (L) of the distal end portion of the instrument shaft (Fig. 6 & 7: outer barrel 35, forming the rotating platform 230, is within the elongate shaft 170 for rotation along the barrel axis 39 [0042]).
Regarding claim 5, Tortola discloses the instrument of claim 2 wherein the axial articulation tube is connected to the instrument shaft through an axial articulation tube bearing structure so as to be supported by the instrument shaft (Fig. 6: outer barrel 35 is formed of a bearing structure that appears to contact the inner surface of elongate shaft 170, connecting the two).
Regarding claim 8, Tortola discloses the instrument of claim 1, further disclosing including a distal tip light source located within the distal end portion and external to the working channel tube at a location along the longitudinal axis (L) of the distal end portion of the instrument shaft between a distal tip of the instrument shaft and the lateral articulation axis (T1, T2) (Fig. 6: LED lights 130 are below light pipe 260 and sit circumferentially about imager 120 [0041], which would be external to the unillustrated working channel).
Regarding claim 11, Tortola discloses an imaging apparatus for an instrument having an elongated instrument shaft and a working channel tube (Fig. 1: elongate shaft 170; elongate shaft 170 may comprise one or more working channels for instruments [0009]), the elongated instrument shaft having a distal end portion that is transparent and includes a working channel opening (Fig. 6: distal end of elongate shaft 170 is transparent dome cap 210 [0042], while not explicitly stated, it is highly suggested that there is an opening for the one or more working channels [0009] for instruments to exit), the working channel tube extending through the instrument shaft to the working channel opening (elongate shaft may comprise one or more working channels for instruments [0009]), the imaging apparatus including:
a first articulating structure adapted to be positioned within the instrument shaft in an operating position for rotation about a longitudinal axis (L) of the distal end portion of the instrument shaft (cylindrical rotation platform 230 is manipulated with pivot handle 140 to rotate the imager 120 about barrel axis 39 [0042]);
a second articulating structure mounted on the first articulating structure (multi-angle platform 300 is pivoted about the camera module mounting axis 220 by manipulating pivot lever 150 [0042], Fig. 7: multi-angle platform 200 is mounted to cylindrical rotation platform 230 through what appears to be hinges 245); and
an image sensor assembly having an imaging axis (I) (imager 120, lens system 110, LEDs 120 and light pipes 260 form the imaging assembly [0034] and comprises an imaging axis that is perpendicular to the flat surface of the imager, the image sensor assembly being mounted on the second articulating structure to facilitate rotation of the imaging axis (I) about a lateral articulation axis (T1, T2) extending transverse to the longitudinal axis (L) of the distal end portion of the instrument shaft while maintaining the image sensor assembly within a sensor area (Fig. 7: imaging assembly, formed of the imager 120, lens system 110, LEDs 120 and light pipes 260, is mounted on the multi-angle platform 300, the multi-angle platform 300 is pivoted to vary angle a of viewing axis 75 [0033], transverse of the longitudinal axis/barrel axis 39) defined between an external surface of the working channel tube and in internal surface of the distal end portion (although not explicitly illustrated or described, the sensor area in Tortola as the space within the walls of the dome cap 210/elongated shaft 170 that is not occupied by the one or more working channels mentioned in [0009].
Regarding claim 12, Tortola discloses the imaging apparatus of claim 11, further disclosing wherein the first articulating structure includes an axial articulation tube adapted to be positioned within the instrument shaft (Fig. 6: outer barrel 35 appears to form the rotating platform 230, both of which are within the elongate shaft 170 [0041]) with a longitudinal axis of the axial articulation tube aligning with the longitudinal axis (L) of the distal end portion of the instrument shaft (Fig. 6: outer barrel 35 and rotating platform 230 appear centered within the elongate shaft 170, sharing a longitudinal axis), the axial articulation tube adapted to be mounted within the instrument shaft for rotation about the longitudinal axis (L) of the distal end portion of the instrument shaft (Fig. 6 & 7: outer barrel 35, forming the rotating platform 230, is within the elongate shaft 170 for rotation along the barrel axis 39 [0042]).
Regarding claim 15, Tortola discloses the imaging apparatus of claim 12 further disclosing the apparatus including an axial articulation tube bearing structure adapted to connect the axial articulation tube to the instrument shaft so as to support the axial articulation tube on the instrument shaft (Fig. 6: outer barrel 35 is formed of a bearing structure that appears to contact the inner surface of elongate shaft 170, connecting the two).
Claim Rejections - 35 USC § 103
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 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.
Claims 6, 7, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tortola in view of Irion et al. (US2008/0081947).
Regarding claim 6, Tortola discloses the instrument of claim 5, further disclosing wherein: the second articulation structure comprises a pivot base mounted on the axial articulation tube (Fig. 6: multi-angle platform 300 is a pivotable platform [0033] connected to cylindrical rotating platform 230 on the camera module mounting axis 220, which acts as a hinge point, also appearing as 245 in Fig. 7 [0042]), but fails to further describe or clearly illustrate the details in which the multi-angle platform 300 interfaces with the cylindrical rotating platform 230 through the hinge point 220/245, thus failing to explicitly disclose the pivot base including a first base pivot structure and a second base pivot structure; the image sensor assembly includes a first sensor pivot structure and a second sensor pivot structure; and the first base pivot structure cooperates with the first sensor pivot structure and the second base pivot structure cooperates with the second sensor pivot structure to facilitate the rotation of the imaging axis (I) about the lateral articulation axis (T1, T2).
In the same field of endeavor, Irion teaches a substantially similar instrument (probe 10), comprising: an instrument with a distal end portion that is transparent (dome-shaped longitudinal end 12 that is transparent [0048]), a first articulating structure, forming an axial articulation tube, positioned within the instrument for rotation about a longitudinal axis (ring 56, which forms frame 52, rotates inside housing 16 [0080]), a second articulating structure mounted on the first articulating structure (Fig. 8: ring 54 is mounted to the ring 56 through element 58 [0080]), an image sensor assembly having an imaging axis (Fig. 5A: image pickup unit 26 comprises optical axis O [0071]), the image sensor assembly being mounted on the second articulating structure to facilitate rotation of the imaging axis (I) about a lateral articulation axis (T1, T2) extending transverse to the longitudinal axis (L) of the instrument (Fig. 5A-C, 8: image pickup unit 26 is mounted to the frame 52, particularly ring 54, to facilitate rotation about the axis denoted by reference number 28 [0052, 0081]).
Irion further teaches wherein the second articulation structure comprises a pivot base mounted on the axial articulation tube (Fig. 8: ring 54 forms a pivot base, and ring 54 is mounted to ring 56 through element 58), the pivot base including a first base pivot structure and a second base pivot structure (Fig. 8: ring 54 would comprises two complementary connecting points to connect to the pivotable image pickup unit 26 at reference numeral 28 [0052]); the image sensor assembly includes a first sensor pivot structure and a second sensor pivot structure (camera chip 24, part of the image pickup unit 26, comprises two connecting points at reference number 28 at opposing side of the chip 24 [0052]; entire image pickup unit 26 is pivoted and swiveled [0053]); and the first base pivot structure cooperates with the first sensor pivot structure and the second base pivot structure cooperates with the second sensor pivot structure to facilitate the rotation of the imaging axis (I) about the lateral articulation axis (T1, T2) (Fig. 8: two connecting points, denoted by reference numeral 28, indicate where the image pickup unit 26 interfaces with ring 54 to form the transverse axis Q which image pickup unit 26 pivots around). Since Tortola fails to explicitly disclose the details of the interface between the multi-angle platform 300 with the cylindrical rotating platform 230 through the hinge point 220/245, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any known pivot or hinge structure in the art to demonstrate the structure that supports the rotating image sensor assembly.
Regarding claim 7, Tortola, modified by Irion, discloses the instrument of claim 6. Tortola further discloses wherein the pivot base is mounted on the axial articulation tube on two circumferentially spaced apart extensions that extend from a proximal portion of the axial articulation tube in an area between a distal tip of the instrument shaft and the axial articulation tube bearing structure. (Annotated Fig. 11A: two circumferentially spaced apart extensions extends from between a proximal portion of the rotating platform 230 and the distal end of the device 30) Irion also teaches wherein the pivot base is mounted on the axial articulation tube on two circumferentially spaced apart extensions that extend from a proximal portion of the axial articulation tube in an area between a distal tip of the instrument shaft and the axial articulation tube bearing structure (Fig. 8: one or more elements 58 are circumferentially spaced apart, extends between a proximal portion ring 56 and the distal tip of probe 10).
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Regarding claim 16, Tortola discloses the imaging apparatus of claim 15 wherein: the second articulation structure comprises a pivot base mounted on the axial articulation tube (Fig. 6: multi-angle platform 300 is a pivotable platform [0033] connected to cylindrical rotating platform 230 on the camera module mounting axis 220, which acts as a hinge point, also appearing as 245 in Fig. 7 [0042]), but fails to further describe or clearly illustrate the details in which the multi-angle platform 300 interfaces with the cylindrical rotating platform 230 through the hinge point 220/245, thus failing to explicitly disclose the pivot base including a first base pivot structure and a second base pivot structure; and the image sensor assembly includes a first sensor pivot structure and a second sensor pivot structure; and the first base pivot structure cooperates with the first sensor pivot structure and the second base pivot structure cooperates with the second sensor pivot structure to facilitate the rotation of the imaging axis (I) about the lateral articulation axis (T1, T2).
In the same field of endeavor, Irion teaches a substantially similar instrument (probe 10), comprising: an instrument with a distal end portion that is transparent (dome-shaped longitudinal end 12 that is transparent [0048]), a first articulating structure, forming an axial articulation tube, positioned within the instrument for rotation about a longitudinal axis (ring 56, which forms frame 52, rotates inside housing 16 [0080]), a second articulating structure mounted on the first articulating structure (Fig. 8: ring 54 is mounted to the ring 56 through element 58 [0080]), an image sensor assembly having an imaging axis (Fig. 5A: image pickup unit 26 comprises optical axis O [0071]), the image sensor assembly being mounted on the second articulating structure to facilitate rotation of the imaging axis (I) about a lateral articulation axis (T1, T2) extending transverse to the longitudinal axis (L) of the instrument (Fig. 5A-C, 8: image pickup unit 26 is mounted to the frame 52, particularly ring 54, to facilitate rotation about the axis denoted by reference number 28 [0052, 0081]).
Irion further teaches wherein the second articulation structure comprises a pivot base mounted on the axial articulation tube (Fig. 8: ring 54 forms a pivot base, and ring 54 is mounted to ring 56 through element 58), the pivot base including a first base pivot structure and a second base pivot structure (Fig. 8: ring 54 would comprises two complementary connecting points to connect to the pivotable image pickup unit 26 at reference numeral 28 [0052]); the image sensor assembly includes a first sensor pivot structure and a second sensor pivot structure (camera chip 24, part of the image pickup unit 26, comprises two connecting points at reference number 28 at opposing side of the chip 24 [0052]; entire image pickup unit 26 is pivoted and swiveled [0053]); and the first base pivot structure cooperates with the first sensor pivot structure and the second base pivot structure cooperates with the second sensor pivot structure to facilitate the rotation of the imaging axis (I) about the lateral articulation axis (T1, T2) (Fig. 8: two connecting points, denoted by reference numeral 28, indicate where the image pickup unit 26 interfaces with ring 54 to form the transverse axis Q which image pickup unit 26 pivots around). Since Tortola fails to explicitly disclose the details of the interface between the multi-angle platform 300 with the cylindrical rotating platform 230 through the hinge point 220/245, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any known pivot or hinge structure in the art to demonstrate the structure that supports the rotating image sensor assembly.
Regarding claim 17, Tortola, modified by Irion, discloses the imaging apparatus of claim 16. Tortola further discloses wherein the pivot base is mounted on the axial articulation tube on two circumferentially spaced apart extensions that extend from a proximal portion of the axial articulation tube (Annotated Fig. 11A: two circumferentially spaced apart extensions extends from between a proximal portion of the rotating platform 230 and the distal end of the device 30). Irion also teaches wherein the pivot base is mounted on the axial articulation tube on two circumferentially spaced apart extensions that extend from a proximal portion of the axial articulation tube (Fig. 8: one or more elements 58 are circumferentially spaced apart, extends between a proximal portion ring 56 and the distal tip of probe 10).
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Claims 9, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tortola in view of Farr (US2008/0208006).
Regarding claim 9, Tortola discloses the instrument of claim 1, but fails to explicitly disclose the instrument further including a base light source located within the distal end portion at a location at a first distance from a distal tip of the instrument shaft, the first distance being greater than a distance between the distal tip of the instrument shaft and the lateral articulation axis (T1, T2).
In the same field of endeavor, Farr teaches a similar instrument comprising a laterally-rotating camera, further including a base light source located at the distal end, wherein the base light source is positioned at variable positions relative to the camera, including wherein the base light source is positioned proximal to the lateral articulation axis of the laterally rotating camera (Fig. 16a & b, Fig 17a & b: illumination modules 1204 and 1570 are located proximal to the vision module 1550, which rotates laterally to capture a larger field of view [0106-0107]). In view of Farr, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the light source may comprise various positions, including proximal and distal to the lateral articulation axis of the camera, as this feature allows for variable lighting configurations dependent on the nature of the operation and the light required.
Regarding claim 19, Tortola discloses the imaging apparatus of claim 11, but fails to disclose wherein the imaging apparatus further includes a base light source mounted within the first articulating structure between a proximal end of the first articulating structure and lateral articulation axis (T1, T2).
In the same field of endeavor, Farr teaches a similar instrument comprising a laterally-rotating camera, further including a base light source located at the distal end, wherein the base light source is positioned at variable positions relative to the camera, including wherein the base light source is positioned proximal to the lateral articulation axis of the laterally rotating camera (Fig. 16a & b, Fig 17a & b: illumination modules 1204 and 1570 are located proximal to the vision module 1550, which rotates laterally to capture a larger field of view [0106-0107]). In view of Farr, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the light source may comprise various positions, including proximal and distal to the lateral articulation axis of the camera, as this feature allows for variable lighting configurations dependent on the nature of the operation and the light required.
Regarding claim 20, Tortola discloses the imaging apparatus of claim 11, further disclosing the instrument including: a sensor assembly light source mounted on the image sensor assembly so as to articulate with the image sensor assembly about the lateral articulation axis (T1, T2) (LED light 130 [0041]), but fails to disclose a base light source mounted within the first articulating structure between a proximal end of the first articulating structure and lateral articulation axis (T1, T2). In the same field of endeavor, Farr teaches a similar instrument comprising a laterally-rotating camera, further including a base light source located at the distal end, wherein the base light source is positioned at variable positions relative to the camera, including wherein the base light source is positioned proximal to the lateral articulation axis of the laterally rotating camera (Fig. 16a & b, Fig 17a & b: illumination modules 1204 and 1570 are located proximal to the vision module 1550, which rotates laterally to capture a larger field of view [0106-0107]). In view of Farr, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included wherein the light source may comprise various positions, including proximal and distal to the lateral articulation axis of the camera, as this feature allows for variable lighting configurations dependent on the nature of the operation and the light required.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tortola in view of Nishide et al. (US2023/0353879).
Regarding claim 10, Tortola discloses the instrument of claim 1 further including: a sensor assembly light source mounted on the image sensor assembly so as to articulate with the image sensor assembly about the lateral articulation axis (T1, T2) (LED lights 130 [0041]), but fails to disclose (i) a distal tip light source located within the distal end portion and external to the working channel tube at a location along the longitudinal axis (L) of the distal end portion of the instrument shaft between a distal tip of the instrument shaft and the lateral articulation axis (T1, T2).
In the same field of endeavor, Nishide teaches a similar medical instrument for multi-axis viewing, wherein the instrument comprises multiple light sources positioned to radiate light in lateral directions (Fig. 4 & 5: light sources 447 are positioned on the outer tubular wall of the insertion portion 44), further comprising a distal tip light source located at the distal end portion to radiation light in the distal direction (Fig. 4 & 5: light sources 447 positioned on the distal face of the insertion portion 44). In view of Nishide, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included multiple light sources for distal and side illumination, since the multiple light sources, including the distal-facing light source, illuminates a larger viewing area required to be imaged from multiple imaging sensors, or to from an image sensor with variable positions, such as the one taught be Tortola.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references cited in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI-TING SONG whose telephone number is (571)272-5771. The examiner can normally be reached 8-5.
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, 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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/LI-TING SONG/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
04/05/26