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 § 112a
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 and dependent claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
There appears to be one instance of “detector array cover” in the specification but this is not considered sufficient description of what a detector array cover is. The specification states at page 16 line 30 “Solid state detector arrays 134 and 234 are attached to lens holders 136 and 236 respectively. Lens holder 136 or 236 are attached to lens assemblies 132 or 232 respectively by attaching detector array cover to barrel 410.”. Since no other mention of “detector array cover” exists in the specification, it is deemed that the specification lacks proper written description as no reference character is associated with it. It appears it could be the protective glass 436, but it is unclear how the detector array functions to attach the lens holder 136 and lens assembly 132 as stated in 16:30. Figure 3 which appears to be the best depiction of these elements also does not explain how this connection operates, adding to the issue.
Claim Rejections - 35 USC § 112b
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.
Claim 12 and dependent claims 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 12 recites “a detector array cover” adjacent to the image sensor and coupled to the lens barrel. It is unclear which element this is since the specification does not provide a reference number and therefore is also not identified in the drawings. There appears to be one instance of “detector array cover” in the specification at page 16 line 30 (“Solid state detector arrays 134 and 234 are attached to lens holders 136 and 236 respectively. Lens holder 136 or 236 are attached to lens assemblies 132 or 232 respectively by attaching detector array cover to barrel 410.”), but this is not considered sufficient description of what a detector array cover is. It appears it could be the protective glass 436, but it is unclear how the detector array functions to attach the lens holder 136 and lens assembly 132 as stated in 16:30. Figure 3 which appears to be the best depiction of these elements also does not explain how this connection operates. Regardless of this deficiency, it will be interpreted as the glass 436.
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) 1, 8, 11-13, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuki US6069651 and further in view of Mejia US20090192350.
Tsuyuki discloses for claim 1, “An endoscope system comprising:
a first plurality of lenses (glass covers 62 and lenses of the imaging optical system 6; fig 13A);
a lens holder (TV camera head 87; fig 13A) having a first passage extending therethrough;
an image sensor (CCD 16; fig 13A) received by the lens holder and coupled to the lens holder; and
a lens barrel (photographic adapter 86; fig 13A) having a second passage extending therethrough, wherein the lens barrel receives the first plurality of lenses within the second passage, wherein the lens holder receives the lens barrel within the first passage (fig 13A)”.
Tsuyuki does not disclose “wherein the lens holder is directly coupled to a head of an endoscope of the endoscope system”. Instead, Tsuyuki discloses the lens holder at a proximal end of the endoscope system, i.e. toward the handle. Mejia teaches in the same field of endeavor, configuring cameras at the tip/head of an endoscope or at the proximal end using corresponding wires or fiber optics as viable options for each other (0074). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Mejia into the invention of Tsuyuki in order to configure the endoscope e.g. as claimed because it provides the advantages of a wired image transmission system over that of a fiber optic one, including but not limited to eliminating a potentially more brittle and delicate insertion section due to the characteristics of the fiber optics.
Tsuyuki discloses for claim 8, “The endoscope system of claim 1, further comprising a protective cover, the protective cover comprising a pane of protective glass situated between the first plurality of lenses and the image sensor (filter 61 placed directly in front of image sensor 16 acts as a protective cover; fig 13A).
Tsuyuki discloses for claim 11, “The endoscope system of claim 1, further comprising an adapter, wherein the adapter is positioned within the second passage of the lens barrel, and wherein the adapter includes a third passage that receives at least one lens of the first plurality of lenses (lens barrel 58; fig 13A)”.
Tsuyuki discloses for claim 12, “An endoscope system comprising:
a plurality of lenses (glass covers 62 and lenses of the imaging optical system 6; fig 13A);
a lens holder (TV camera head 87; fig 13A) having a first passage extending therethrough;
an image sensor (CCD 16; fig 13A) received in the first passage;
a detector array cover (filter 61 placed directly in front of image sensor 16 acts as a protective cover; fig 13A) positioned adjacent to the image sensor within the first passage;
a lens barrel (photographic adapter 86; fig 13A) received in the first passage, wherein the lens barrel has a second passage extending therethrough, wherein the plurality of lenses are received in the second passage, and wherein the lens barrel is configured to move within the lens holder to change a distance between: (a) a lens of the plurality of lenses that is closest to the image sensor, and (b) the image sensor (fig 13A, B; 12:44-13:5);
wherein the detector array cover is coupled to the lens barrel (filter 61 placed directly in front of image sensor 16 acts as a protective cover; fig 13A)”.
Tsuyuki discloses for claim 13, “The endoscope system of claim 12, further comprising an adapter, wherein the adapter is positioned within the second passage, and wherein the adapter includes a third passage that receives more than one of the plurality of lenses (lens barrel 58; fig 13A)”.
Modified Tsuyuki discloses for claim 17 (as in claim 1), “An endoscope system comprising:
a plurality of lenses (glass covers 62 and lenses of the imaging optical system 6; fig 13A);
a first sleeve (TV camera head 87; fig 13A) having a first passage extending therethrough;
an image sensor (CCD 16; fig 13A) received in the first passage and coupled to the first sleeve;
a second sleeve (photographic adapter 86; fig 13A) received in the first passage, wherein the second sleeve has a second passage extending therethrough, wherein the plurality of lenses are received in the second passage, and wherein the second sleeve is configured to move within the first sleeve to change a distance between: (a) a lens of the plurality of lenses that is closest to the image sensor, and (b) the image sensor (fig 13A, B; 12:44-13:5).
Tsuyuki discloses for claim 18, “The endoscope system of claim 17, further comprising an adapter, wherein the adapter is positioned within the second passage, and wherein the adapter includes a passage that receives more than one lens of the plurality of lenses (lens barrel 58; fig 13A)”.
Claim(s) 2-4, 7, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuki and Mejia as applied to claim 1 above, and further in view of Asami 7,746,572.
Tsuyuki discloses for claim 2, “The endoscope system of claim 1, wherein the first plurality of lenses comprises: a first subsystem comprising a second plurality of lenses (imaging optical system 6; fig 13A); and a second subsystem (rear glass cover 62; fig 13A”).
Tsuyuki does not disclose the second subsystem “comprising a third plurality of lenses”. Asami teaches in the same field of endeavor, wherein said rear sub-system/second subsystem comprises a third plurality of lenses, i.e. in order from the object side, a first rear positive lens, an achromatic sub-assembly comprising a second rear positive lens and a third rear negative lens (fig 5), wherein each of said front objective system lens system and said side objective lens system has a depth of focus ranging from 3.5 mm to 110 mm (col 8, table 1, 2). It would have been obvious to one having ordinary skill in the art at the time the invention was made to incorporate the modification of Asami into the invention of Tsuyuki in order to wherein said rear sub-system comprises, in order from the object side, a first rear positive lens, an achromatic sub-assembly comprising a second rear positive lens and a third rear negative lens, wherein each of said front objective system lens system and said side objective lens system has a depth of focus ranging from 3.5 mm to 110 mm because it allows for imaging using down-sized components and therefore in tighter, smaller areas and applications.
Tsuyuki does not disclose for claim 3, “The endoscope system of claim 2, further comprising: a stop diaphragm separating the first subsystem from the second subsystem”. Asami teaches in the same field of endeavor, a stop diaphragm (St) separating front and a rear lens systems (fig 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Asami into the invention of Tsuyuki in order to configure the system e.g. as claimed because it facilitates correcting various aberrations (0044).
Tsuyuki discloses for claim 4, “The endoscope system of claim 2, wherein the lens barrel is configured to move within the lens holder to change a distance between: (a) the first and the second subsystems, and (b) the image sensor (12:44-13:5)”.
Tsuyuki does not disclose for claim 7, “The endoscope system of claim 2, wherein the third plurality of lenses include: a first positive lens, an achromatic sub-assembly comprising: a second positive lens, and a negative lens, wherein the achromatic sub-assembly is positioned on an image side of the first positive lens”. Asami teaches wherein said rear sub-system comprises, in order from the object side, a first rear positive lens, an achromatic sub-assembly comprising a second rear positive lens and a third rear negative lens (L3-5; fig 5), wherein each of said front objective system lens system and said side objective lens system has a depth of focus ranging from 3.5 mm to 110 mm (col 8, table 1, 2). It would have been obvious to one having ordinary skill in the art at the time the invention was made to incorporate the modification of Asami into the invention of Tsuyuki in order to wherein said rear sub-system comprises, in order from the object side, a first rear positive lens, an achromatic sub-assembly comprising a second rear positive lens and a third rear negative lens, wherein each of said front objective system lens system and said side objective lens system has a depth of focus ranging from 3.5 mm to 110 mm because it allows for imaging using down-sized components and therefore in tighter, smaller areas and applications. Tsuyuki discloses changing a distance between the front objective lens system and the front-pointing camera sensor or a distance between the side objective lens system and the side-pointing camera sensor to change a focal distance of said front objective lens system or said side objective lens system (6:55-7:38).
Modified Tsuyuki discloses for claim 9, “The endoscope system of claim 7, wherein a condition of f(first positive lens) ≤ 1.8f is satisfied, where f is a composite focal length of the plurality of lenses, and f(first positive lens) is the focal length of said first positive lens (Asami: 0050)”.
Modified Tsuyuki discloses for claim 10, “The endoscope system of claim 7, wherein the achromatic sub-assembly is a compound achromatic sub-assembly (Asami: fig 5 shows the compound achromatic subassembly)”.
Allowable Subject Matter
Claims 5, 6, 19, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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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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/Jae Woo/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
7/13/26
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