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 .
Response to Amendment
Amendments to claims 1, 7, 14-16, 20 of 5/26/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 5/26/2026 have been fully considered but they are not persuasive. Regarding p. 9, para. 1-2, applicant alleges that the side view illuminator proximal to both the front and side view imaging devices of Levy does not illuminate the field of view of both imaging devices. Applicant cites a section of Levy that explicitly states that the front and side-pointing fields of view overlap, and that the illumination devices placed next to the assembly illuminate the field of view. It is, then, unclear to examiner where the basis of the assertion that applicant puts for that the side illuminator of Levy does not, then, illuminate the field of view of the front imaging device, as there is an overlap in fields of view, hence the side illuminator illuminates at least a portion of the front imager’s field of view.
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.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Levy (US20250031946 A1).
Regarding claim 16, Levy teaches A medical device comprising:
a shaft extending to a distal portion, the distal portion of the shaft including:
a front-facing imaging device (fig. 1I, element 169, [0426], image sensor 169);
a side-facing imaging device (fig. 1I, element 185, [0428], side pointing image sensor);
an electrical cable ([0426], electrical cables supply power to circuit boards) coupled to the front-facing imaging device and the side-facing imaging device; and
a first illumination device positioned entirely proximal from the front-facing imaging device and the side-facing imaging device, wherein the first illumination device is configured to illuminate a first field of view of the front-facing imaging device and a second field of view of the side-facing imaging device ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181).
Regarding claim 17, Levy teaches The medical device of claim 16,
wherein the distal portion further includes a distal cap (fig. 1I, element 163, [0426], tip section 163), wherein the distal cap contains the front-facing imaging device, the side-facing imaging device, and the first illumination device (fig. 1I); and
wherein the distal cap is at least partially transparent (fig. 1I, element 181, 168, [0426], lens assemblies create transparent sections of the tip).
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.
Claim(s) 1-3, 6-9, 11-15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levy in view of Viebach (US 20200008659 A1).
Regarding claim 1, Levy teaches A medical device comprising:
a shaft (fig. 1a, element 106, [0412], elongated shaft 106) extending to a distal portion, the distal portion of the shaft including:
a first imaging device (fig. 1I, element 169, [0426], image sensor 169);
an electrical cable ([0426], electrical cables supply power to circuit boards) coupled to the first imaging device and extending proximally from the first imaging device; and
a first illumination device (fig. 1I, element 176, [0430], side illuminators 176) positioned entirely proximal from the first imaging device,
wherein the first illumination device is (i) coupled to the electrical cable ([0426], electrical cables supply power to circuit boards) and (ii) configured to illuminate a first field of view of the first imaging device ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181).
Levy does not explicitly teach wherein the first illumination device faces a distal direction
However, Viebach teaches wherein the first illumination device faces a distal direction (fig. 1, element 3, [0057], The LEDs 3 are arranged in the concentric annular depression 51 of the transparent cap 5)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the side-view illuminator of Levy to be disposed on a surface angled toward the distal direction in order to illuminate the viewing area (Viebach [0052]).
Regarding claim 2, Levy in view of Viebach teaches The medical device of claim 1,
Further, Levy teaches wherein the distal portion further includes a first window (fig. 1I, element 181, [0426], lens assembly 181) at a distal front face of the shaft, wherein the first window is longitudinally aligned with the first imaging device and the first illumination device.
Regarding claim 3, Levy in view of Viebach teaches The medical device of claim 1,
Further, Levy teaches further comprising a second illumination device (fig. 1J, element 189, [0437], discrete side illuminator 189) positioned entirely proximal from the first imaging device, wherein the second illumination device is (i) coupled to the electrical cable ([0426], electrical cables supply power to circuit boards) and (ii) configured to illuminate the first field of view of the first imaging device ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181).
Regarding claim 6, Levy in view of Viebach teaches The medical device of claim 1,
Further, Levy teaches further comprising a second imaging device (fig. 1I, element 185, [0428], side pointing image sensor), wherein the first illumination device is entirely proximal from the second imaging device (fig. 1I, element 176, one of illumination device 176 is disposed entirely proximally to the second imaging device).
Regarding claim 7, Levy in view of Viebach teaches The medical device of claim 6,
Further, Levy teaches wherein the first field of view of the first imaging device faces the distal direction, wherein a second field of view of the second imaging device faces a direction transverse from a central longitudinal axis of the distal portion (fig. 1I, element 185, [0428], side pointing image sensor), and wherein the first illumination device is configured to illuminate both the first field of view and the second field of view ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181).
Regarding claim 8, Levy in view of Viebach teaches The medical device of claim 7,
Further, Levy teaches wherein a sidewall of the distal portion includes a window aligned with the second imaging device (fig. 1I, element 168, [0429], lens assembly 168).
Regarding claim 9, Levy in view of Viebach The medical device of claim 1,
Further, Levy teaches wherein the distal portion further includes an optical fiber coupled to the first illumination device and extending distally to a distal front face of the distal portion ([0411], optical fibers may be used in illuminators).
Regarding claim 11, Levy in view of Viebach teaches The medical device of claim 1,
Further, Levy teaches wherein the distal portion further comprises a prism (fig. 95a, element 9534, [1143], left side prism 9534) configured to redirect light received from the first illumination device towards a field of view of the first imaging device.
Regarding claim 12, Levy in view of Viebach teaches The medical device of claim 11,
Further, Levy teaches wherein the distal portion further comprises a first optical fiber coupled to the prism ([0411], optical fibers may be used in illuminators).
Regarding claim 13, Levy in view of Viebach teaches The medical device of claim 12,
Further, Levy teaches wherein the distal portion further comprises a second optical fiber coupling the prism to the first illumination device ([0411], optical fibers may be used in illuminators).
Regarding claim 14, Levy in view of Viebach teaches The medical device of claim 1,
Further, Levy teaches wherein the first illumination device includes a first illumination surface (fig. 1I, illuminators 176 disposed on side walls, transverse from the central longitudinal axis), wherein the first illumination surface extends transverse from a central longitudinal axis of the distal portion.
Regarding claim 15, Levy in view of Viebach teaches The medical device of claim 14,
Further, Levy teaches wherein the distal portion further comprises a second imaging device (fig. 1I, element 185, [0428], side pointing image sensor), wherein the first field of illumination of the first illumination device is also directed towards a second field of view of the second imaging device ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181).
Regarding claim 20, Levy teaches A medical device comprising:
a shaft extending to a distal portion, the distal portion of the shaft including:
a front facing imaging device (fig. 1I, element 169, [0426], image sensor 169);
a side-facing imaging device (fig. 1I, element 185, [0428], side pointing image sensor);
an electrical cable ([0426], electrical cables supply power to circuit boards) coupled to the side-facing imaging device;
an illumination device ([0423], side illuminators illuminate their respective fields of view, the field of view of side camera 168 overlapping with the field of view of front camera 181) positioned entirely proximal from the side-facing imaging device; and
an optical fiber ([0411], optical fibers may be used in illuminators) extending from the illumination device to a prism (fig. 95a, element 9534, [1143], left side prism 9534);
wherein the prism is configured to redirect light from the illumination device towards a field of view of the side-facing imaging device.
Levy does not explicitly teach wherein the illumination device faces a distal direction
However, Viebach teaches wherein the illumination device faces a distal direction (fig. 1, element 3, [0057], The LEDs 3 are arranged in the concentric annular depression 51 of the transparent cap 5)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the side-view illuminator of Levy to be disposed on a surface angled toward the distal direction in order to illuminate the viewing area (Viebach [0052]).
Claim(s) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levy in view of Viebach as applied to claim 1 above, and further in view of Shabana (US 20250143559 A1).
Regarding claim 4, Levy in view of Viebach teaches The medical device of claim 1,
Levy in view of Viebach does not explicitly teach wherein a distal front face of the distal portion is entirely transparent.
However, Shabana teaches wherein a distal front face of the distal portion is entirely transparent (fig. 1c, element 38, [0047], lens 38).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lens of Levy to cover the face of the distal portion as taught in Shabana in order to compensate for distortions [Shabana 0064].
Regarding claim 5, Levy in view of Viebach and Shabana teaches The medical device of claim 4,
Further, Shabana teaches wherein at least one sidewall of the distal portion is transparent (fig. 1c, element 38, [0047], lens 38).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levy in view of Viebach as applied to claim 1 above, and further in view of Farr (US 20130296652 A1).
Regarding claim 10, Levy in view of Viebach teaches The medical device of claim 1,
Levy in view of Viebach does not explicitly teach wherein the distal portion further comprises at least one transparent portion comprising phosphor, wherein the at least one transparent portion is configured to convert blue light to white light.
However, Farr teaches wherein the distal portion further comprises at least one transparent portion comprising phosphor, wherein the at least one transparent portion is configured to convert blue light to white light ([0050], phosphor-converted LEDs).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the LED of Levy to include a phosphor as taught in Farr in order to directly output white light without color mixing (Farr [0050]).
Claim(s) 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levy as applied to claim 17 above, and further in view of Chmayssani (US 20250269131 A1).
Regarding claim 18, Levy teaches The medical device of claim 17,
Levy does not explicitly teach wherein a radially-inward facing surface, relative to a central longitudinal axis of the distal portion, of the distal cap is electropolished or electroplated.
However, Chmayssani teaches wherein a radially-inward facing surface, relative to a central longitudinal axis of the distal portion, of the distal cap is electropolished or electroplated ([0069], light guide transmission may be improved via electropolishing/plating).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light guide of Levy to be electropolished or electroplated as taught in Chmayssani in order to improve transmission of illumination (Chmayssani [0069]).
Regarding claim 19, Levy in view of Viebach and Chmayssani teaches The medical device of claim 18,
Further, Chmayssani teaches wherein a distal front face of the distal cap is entirely transparent (fig. 8c, element 808, [0069], light pipe 808 makes up the distal face of the cap).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
