CTNF 19/012,153 CTNF 78954 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 3-6 and 11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Shahinian et al. (US 11529042) . Note: all documents that are directly or indirectly incorporated by reference in its entirety including US Ser. No. 12946839 (corresponding to 20110115882 – see col. 1, lines 5-16) are treated as part of the specification of Shahinian (see MPEP 2163.07b). Regarding claim 1, Shahinian discloses a medical device (endoscope – figures 14-16, col. 5, lines 16-32, col. 24, lines 54-65) comprising: a handle (handle 1406 – see col. 5, lines 22-24, col. 24, lines 57-58); and a shaft extending distally from the handle and defining a longitudinal axis, wherein the shaft defines a lumen that terminates at a distal end of the shaft, the distal end including an imaging device (a shaft 1410 extending distally from the handle 1406 and defining a longitudinal axis, wherein the shaft 1410 defines a lumen/channel that terminates at a distal end of the shaft, the distal end including an imaging device with camera portion 1402 – see include, but are not limited to, figures 14-16, col. 24, lines 54-col. 25, line 12), wherein a distal end portion of the shaft comprises a transparent or translucent material (distal end portion of the shaft comprises glass or plastic – see figure 16, col. 26, lines 6-10) and includes: a light source (light source/light channel that provides light/illuminators – see include, but are not limited to, figures 7A-8, col.12, lines 21-60, col. 15, lines 28-32, col. 26, lines 13-20); a mirror (first mirror receives light from the fiber optic 1420 – see include, but are not limited to, figures 14-16, col. 25, lines 56-65); and a reflector (a reflector or second mirror that reflects the light of the first mirror to exit out of the periscope exit end and to reflect from the surface – see include, but are not limited to, figures 14-16, col. 25, lines 56-65); wherein the mirror is longitudinally between the light source and the reflector, the light source being proximal to the imaging device (wherein the first mirror is longitudinally between the light source provided with light channel/guide and the reflector/second mirror, the light source being proximal to the imaging device with camera portion 1402– see include, but are not limited to, figures 14-16, col. 25, line 39-col. 26, line 25, col. 12, lines 35-60). Regarding claim 3, Shahinian discloses the medical device of claim 1, wherein the light source is an RGB LED configured to emit light at different wavelengths (RGB LED configured to provide light at different wavelengths or frequencies -see include, but are not limited to, figures 2A, 8, 16, col. 11, lines 53-60, col. 12, lines 21-34, 43-60, col. 13, lines 15-22). Regarding claim 4, Shahinian discloses the medical device of claim 1, wherein the transparent or translucent material comprises glass or a polymer (glass – col. 26, lines 7-10). Regarding claim 5, Shahinian discloses the medical device of claim 1, wherein the mirror forms an angle ranging from about 30 0 to about 60 0 relative to the longitudinal axis (e.g., periscope comprises angled reflectors may be one mirror at the periscope entrance end is, e.g., 45 degrees – see figure 26, col. 25, lines 56-62). Regarding claim 6, Shahinian discloses the medical device of claim 5, wherein the angle formed by the mirror is about 45 0 (see figure 26, col. 25, lines 56-62 and discussed in the rejection of claim 5 above). Regarding claim 11, Shahinian discloses the medical device of claim 1, wherein the reflector is proximal to the imaging device (first mirror is proximal to the imaging 1402 – see include, but are not limited to, figure 16, col. 25, lines 47-67) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over over Shahinian et al. (US 11529042) as applied to claim 1 above, and in view of Thomas et al. (US 20190107275) . Regarding claim 7, Shahinian discloses the medical device of claim 1, wherein the mirror comprises a portion of the transparent or translucent material (mirror comprises portion of material such as plastic, glass, etc. – see for example, col. 25, lines 55-65, col. 26, lines 7-19). However, Shahinian does not explicitly use the term “etched portion”. Thomas discloses a mirror comprises an etched portion of transparent or translucent material (mirror platform comprises a translucent portion 165/266/465/665/765 of translucent material such as acid etched glass (see paragraphs 0016, 0026, 0048,0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of “etched portion” of transparent or translucent material as taught by Thomas in order to yield predictable result of achieving different lighting effect (paragraph 0048) . 07-21-aia AIA Claim s 2, 8-10 and 12-13, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shahinian et al. (US 11529042) as applied to claim 1 above, and in view of Griffin (US 20200113424) . Regarding claim 2, Shahinian discloses the medical device of claim 1, wherein the light source comprises a light emitting diode (LED) and surrounding the lumen (light source comprises LEDs through illuminators 150/1442 in round shape and arranging around lumen/channel – see include, but are not limited to, figures 2A-2B, 5-7B, 16, col. 5, lines 4-15, col. 12, lines 21-34, 43-60, col. 26, lines 4-10). However, Shahinian does not explicitly disclose the light source having an annular shape. Griffin discloses light source comprises a light emitting diode (LED) having an annular shape and surrounding the lumen (light source comprises a light emitting diode (LEDs) 105 with LED emitter 109 having a ring shape or in circular or ring illumination and surrounding the lumen/working channel – see include, but are not limited to, figures 2-3, paragraphs 0031-0033, 0035). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of light source having an annular shape as taught by Griffin in order to yield predictable result of allowing the user to clearly image/see the optical target (see paragraph 0031). Regarding claim 8, Shahinian discloses the medical device of claim 1, wherein the reflector comprises coating of a surface (coating internally surface of second mirror/reflector – see col. 25, line 60-65). However, Shahinian does not explicitly a metallic coating. Griffin discloses reflector comprises a metallic coating (the reflector includes an internal reflection surface. One means for mirroring the internal reflection surface is the apply a layer of silver -paragraph 0055). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of metallic coating of surface of reflector in order to yield predictable result of improving reflection of light (for example, greater than 95% or preferably greater than 99% of incident light – see paragraph 0055). Regarding claim 9, Shahinian in view of Griffin discloses the medical device of claim 8, wherein the metallic coating comprises silver (layer of silver – see for example, Griffin: paragraph 0055). Regarding claim 10, Shahinian discloses the medical device of claim 1, wherein the reflector may be a mirror (figures 13-14,16-17, col. 25, lines 56-col. 26, line 21). However, Shahinian does not explicitly disclose the reflector has an annual shape. Griffin discloses a reflector has an annular shape (e.g., ring lens 201 is adapted to reflect or redirect the light from the LED 105, the ring lens 201 includes a ring-shaped body – see for example, paragraph 0036, figure 3. The ring lens 201 is interpreted as a “reflector” because it reflects the light and the “ring-shaped” body or ring lens is read on “annular shape”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of reflector has an annular shape as taught by Griffin in order to yield predictable result of improving the reflectance and redirection of the light within the ring lens 201 (see paragraph 0036). Regarding claim 12, the limitations that correspond to the limitations of claims 1 and 2 are analyzed as discussed in the rejection of claims 1 and 2. In particular, Shahinian in view of Griffin discloses the medical device comprising: a handle; and a shaft extending distally from the handle and defining a longitudinal axis, wherein the shaft defines a lumen that terminates at a distal end of the shaft, the distal end including an imaging device, wherein a distal end portion of the shaft comprises a transparent or translucent material and includes: a light source; a mirror; and a reflector (see similar discussion in the rejection of claim 1, and figures 14-17, col. 24, line 55-col. 26, line 20); wherein the light source has an annular shape and is proximal to the mirror, the reflector, and the imaging device (see similar discussion to reject the last limitation of claim 1 and discussion to reject limitation of claim 2. See also Griffin: figures 2-3, 5b-5d, paragraphs 0032, 0036). Regarding claim 13, the additional limitations that correspond to the additional limitations of claim 3 are analyzed as discussed in the rejection of claim 3. Regarding claim 15, the additional limitations that correspond to the additional limitations of claim 4 are analyzed as discussed in the rejection of claim 4. Regarding claim 16, Shahinian in view of Griffin discloses the medical device of claim 12, wherein the mirror and the reflector are configured to reflect light emitted by the light source through the transparent or translucent material (e.g., glass, plastic, polymer – see include, but are not limited to, Shahinian: col. 25, line 55-col. 26, line 20; Griffin: paragraphs 0038, 0057, 0066). Regarding claim 17, Shahinian in view of Griffin discloses the medical device of claim 12, wherein each of the light source, the mirror, and the reflector surrounds the lumen (each of the light source, the mirror, and the reflector/second mirror surrounds the lumen/working channel – see discussion in the rejection of claim 2 and see include, but are not limited to, Shahinian: figures 5, 8, 14-17; Griffin: figures 2-3, 6-7, paragraphs 0038, 0059, 0065). Regarding claim 18, limitations of a medical device that correspond to the limitations of medical device in claim 1 are analyzed as discussed in the rejection of claim 1. In particular, Shahinian discloses a medical device comprising: a handle (see figure 14 and discussion in the rejection of claim 1); and a shaft extending distally from the handle and defining a longitudinal axis, wherein the shaft defines a lumen that terminates at a distal end of the shaft, the distal end including an imaging device, wherein a distal end portion of the shaft comprises a transparent or translucent material and includes: a light source; a mirror; and a reflector (see figures 14-16 and discussion in the rejection of claim 1); wherein the light source is proximal to the mirror, the reflector, and the imaging device (the light source through the guideline is proximal to the first mirror, reflector/second mirror, and the imaging/camera portion – see figures 2A, 5, 14-16, col. 25, line 46-col. 26, line 25); and wherein the mirror and the reflector are configured to reflect light emitted by the light source outward from the medical device through the transparent or translucent material (mirror and the reflector are configured to reflect light emitted by the light source through channel guide outward from the media device through the transparent or translucent material such as glass or plastic of the illuminators included in the body portion 1436 – see include, but are not limited to, figures 15-17, col. 25, line 46-col. 26, line 38). However, Shahinian does not explicitly disclose the light source radially outward from the media device through the transparent or translucent material. Griffin discloses light source radially outward from medical device through transparent or translucent material (a plurality of LEDs adjacent to a surface of the ring lens, the LEDs positioned to radially transmit light into the ring lens wherein the reflector is adapted to reflect the light longitudinally from the medical device through transparent or translucent material such as polymer, glass, plastic – see include, but are not limited to, paragraphs 0059, 0066). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of light source radially outward from the media device through translucent or transparent material as further taught by Griffin in order to yield predictable result of providing superior illumination and visualization within as compact a package as possible (paragraph 0010) or allowing the user to clearly image or see the optical target (paragraph 0031). Regarding claim 19, Shahinian in view of Griffin discloses medical device of claim 18, wherein each of the light source, the mirror, and the reflector surrounds the lumen (see similar discussion in the rejection of claim 17). Regarding claim 20, Shahinian in view of Griffin discloses the medical device of claim 18, wherein the mirror is longitudinally between the light source and the reflector (see similar discussion in the rejection of the last limitation of claim 1) . 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shahinian et al. (US 11529042) in view of Griffin (US 20200113424) as applied to claim 12, and further in view of Thomas et al. (US 20190107275) . Regarding claim 14, Shahinian discloses the medical device of claim 12, wherein the mirror comprises a portion of the transparent or translucent material (see col. 25, lines 55-65, col. 26, lines 3-20), wherein the reflector comprises coating of a surface (coating internally surface of second mirror/reflector – see col. 25, line 60-65). However, Shahinian does not explicitly a metallic coating , etched portion of translucent or transparent material. Griffin discloses reflector comprises a metallic coating (the reflector includes an internal reflection surface. One means for mirroring the internal reflection surface is the apply a layer of silver -paragraph 0055). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shahinian with the teaching of metallic coating of surface of reflector in order to yield predictable result of improving reflection of light (for example, greater than 95% or preferably greater than 99% of incident light – see paragraph 0055). Thomas discloses a mirror comprises a portion of transparent or translucent material (mirror platform comprises a translucent portion 165/266/465/665/765 of translucent material such as acid etched glass (see paragraphs 0016, 0026, 0048,0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Shahinian with the teaching of “etched portion” of transparent or translucent material as taught by Thomas in order to yield predictable result of achieving different lighting effect (paragraph 0048) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Butte et al. (US 20210015350) discloses systems and methods for simultaneous near-infrared light and visible light imaging. Uchimura et al. (US 20190290113) discloses endoscope apparatus and medical imaging device comprising light source, mirror, reflector, handle (see figure 13). Chiba et al. (US 20200322509) discloses endoscope apparatus comprising light source, reflector, imaging device (see figures 1, 7). Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON PHI HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:30 pm. 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, ANH TUAN T 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. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AN SON P HUYNH/Primary Examiner, Art Unit 2426 May 13, 2026 Application/Control Number: 19/012,153 Page 2 Art Unit: 2426 Application/Control Number: 19/012,153 Page 3 Art Unit: 2426 Application/Control Number: 19/012,153 Page 4 Art Unit: 2426 Application/Control Number: 19/012,153 Page 5 Art Unit: 2426 Application/Control Number: 19/012,153 Page 6 Art Unit: 2426 Application/Control Number: 19/012,153 Page 7 Art Unit: 2426 Application/Control Number: 19/012,153 Page 8 Art Unit: 2426 Application/Control Number: 19/012,153 Page 9 Art Unit: 2426 Application/Control Number: 19/012,153 Page 10 Art Unit: 2426 Application/Control Number: 19/012,153 Page 11 Art Unit: 2426 Application/Control Number: 19/012,153 Page 12 Art Unit: 2426 Application/Control Number: 19/012,153 Page 13 Art Unit: 2426 Application/Control Number: 19/012,153 Page 14 Art Unit: 2426
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