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 Interpretation
It is unclear to examiner what is meant by the term “folding prism” in claims 2-8, 12-18. Examiner is under the impression that folding is a process that prisms apply to light but is unaware of whether a folding prism refers to a specific prism class that is unknown in the art. By examiner’s estimation, the term appears to be akin to the term “writing pencil” in so far as a pencil may be used to write, yet there is no such widely acknowledged specific subcategory of pencil. Further, specification provides no clues as to what exactly a folding prism might entail. Examiner will interpret the term to mean any prism, as folding light is a function generic to prisms.
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, 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leibetraut (CN 114460736 B) in view of 배재철 (KR 102043439 B1).
Regarding claim 1, Leibetraut teaches An endoscopy cannula assembly, comprising:
a cannula (fig. 1, element 2, p. 5 para. 6, rigid endoscope 2) extending along a longitudinal axis; and
a 3-dimensional imaging system positioned within the cannula (fig. 1, element 1, p. 5, para. 6, image inversion system 1) and including:
each imaging module including:
a camera sensor (fig. 1, element 8, p. 5, para. 6, image sensor 8) orientated along a first optical axis; and
an optical engine (fig. 1, element 3, p. 5, para. 6, objective lens 3) configured to receive light rays through an opening defined along a sidewall of the cannula along a second optical axis and direct the received light rays along the first optical axis towards the camera sensor (fig. 2, element p01, p. 5, para. 8, prism 5p01 bends light from an incident angle to an angle along the longitudinal axis).
Leibetraut does not explicitly teach a pair of imaging modules;
imaging modules orientated in an opposing mirrored relationship along the longitudinal axis,
However, 배재철 teaches a pair of imaging modules (fig. 12, element 660, p. 11, para. 6, side view image sensor 660);
imaging modules orientated in an opposing mirrored relationship along the longitudinal axis (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line),
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 image sensor of Leibetraut to be two sensors as taught in 배재철 in order to process images of two subjects at once (배재철 p. 1, para. 1).
Regarding claim 2, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 1,
Further, Leibetraut teaches wherein the optical engine includes:
a folding prism (fig. 2, element p01, p. 5, para. 8, prism 5p01) spaced a distance from the camera sensor along the first optical axis and configured to direct the light rays received along the second optical axis towards the camera sensor (fig. 2, light rays change direction within prism p01).
Regarding claim 3, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 2,
Further, Leibetraut teaches wherein the optical engine includes: a first plano aspheric lens (fig. 2, element 15, p. 5, para. 9, first aspheric lens 15) adjacent an entrance face of the folding prism defined along the second optical axis; and
a second plano aspheric lens (fig. 2, element 15, p. 5, para. 9, second aspheric lens 15) adjacent an exit face of the folding prism defined along the first optical axis.
Regarding claim 5, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 3,
Further, Leibetraut teaches wherein the optical engine includes:
a doublet (fig. 2, element L03/L04, p. 5, para. 8, rod-like lens 7 of the type c formed by the two lenses l03/04) positioned between the second plano aspheric lens and the camera sensor.
Regarding claim 6, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 5,
Further, Leibetraut teaches wherein the optical engine includes:
the doublet including a bi-concave aspheric lens (fig. 2, element L03, p. 6, para. 1, objective lens 3 has two concave lenses, aspheric lenses taught in p. 5, para. 9) cemented to a plano convex lens (fig. 2, element L04, p. 5, para. 8, rod-like lens that forms a doublet with the convex lens L03) positioned between the bi-concave aspheric lens and the camera sensor.
Regarding claim 7, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 6,
Further, Leibetraut teaches wherein a flat surface of the plano convex lens is orientated towards the camera sensor (fig. 2, element L04, a flat face of the lens faces the proximal end where the camera is disposed).
Regarding claim 8, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 5,
wherein the doublet includes a substantially rectangular body extending along the first optical axis (fig. 2, element 7, p. 5, para. 8, rod-shaped lens 7 has a rectangular side profile).
Regarding claim 9, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 1,
Further, 배재철 teaches wherein the pair of imaging modules includes a first imaging module axially aligned with a second imaging module (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line).
Regarding claim 10, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 1,
Further, 배재철 teaches wherein the pair of imaging modules includes a first imaging module obliquely aligned with a second imaging module (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line).
Claim(s) 11-13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leibetraut (CN 114460736 B) in view of 배재철 (KR 102043439 B1) and Yang (US 20260033708 A1).
Regarding claim 11, Leibetraut teaches An endoscopic imaging apparatus comprising:
a handle subsystem (fig. 1, element 13, p. 5, para. 6, proximal end 13) including a control handle;
a shaft extending outwardly from the handle subsystem between a proximal end opposite a distal end;
a cannula (fig. 1, element 2, p. 5 para. 6, rigid endoscope 2) extending along a longitudinal axis; and
a 3-dimensional imaging system positioned within the cannula (fig. 1, element 1, p. 5, para. 6, image inversion system 1) and including:
each imaging module including:
a camera sensor (fig. 1, element 8, p. 5, para. 6, image sensor 8) orientated along a first optical axis; and
an optical engine (fig. 1, element 3, p. 5, para. 6, objective lens 3) configured to receive light rays through an opening defined along a sidewall of the cannula along a second optical axis and direct the received light rays along the first optical axis towards the camera sensor (fig. 2, element p01, p. 5, para. 8, prism 5p01 bends light from an incident angle to an angle along the longitudinal axis).
Leibetraut does not explicitly teach a control handle configured for attachment and actuation of endoscopic tools
an endoscopic tool including:
a trocar piercing tip coupled to the distal end of the shaft and movable between an open position and a closed position; and
an endoscopy cannula assembly positioned within the shaft and extendable through the trocar piercing tip,
the endoscopy cannula assembly including:
a pair of imaging modules;
imaging modules orientated in an opposing mirrored relationship along the longitudinal axis,
However, Yang teaches a control handle configured for attachment and actuation of endoscopic tools
an endoscopic tool including:
a trocar piercing tip coupled to the distal end of the shaft and movable between an open position and a closed position; and
an endoscopy cannula assembly positioned within the shaft and extendable through the trocar piercing tip ([0010], scalpels, forceps, or cautery devices may be introduced through a lumen of endoscope 10. Forceps being an open/closeable device with a tip that could be configured to pierce a trocar)
However, 배재철 teaches a pair of imaging modules (fig. 12, element 660, p. 11, para. 6, side view image sensor 660);
imaging modules orientated in an opposing mirrored relationship along the longitudinal axis (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line),
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 endoscope of Leibetraut to include a tool channel as taught in Yang in order to perform an operation to remove diseased tissue (Yang [0052]).
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 image sensor of Leibetraut to be two sensors as taught in 배재철 in order to process images of two subjects at once (배재철 p. 1, para. 1).
Regarding claim 12, Leibetraut in view of Yang, 배재철 teaches The endoscopic imaging apparatus of claim 11,
Further, Leibetraut teaches wherein the optical engine includes:
a folding prism (fig. 2, element p01, p. 5, para. 8, prism 5p01) spaced a distance from the camera sensor along the first optical axis and configured to direct the light rays received along the second optical axis towards the camera sensor (fig. 2, light rays change direction within prism p01).
Regarding claim 13, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 12,
Further, Leibetraut teaches wherein the optical engine includes: a first plano aspheric lens (fig. 2, element 15, p. 5, para. 9, first aspheric lens 15) adjacent an entrance face of the folding prism defined along the second optical axis; and
a second plano aspheric lens (fig. 2, element 15, p. 5, para. 9, second aspheric lens 15) adjacent an exit face of the folding prism defined along the first optical axis.
Regarding claim 15, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 13,
Further, Leibetraut teaches wherein the optical engine includes:
a doublet (fig. 2, element L03/L04, p. 5, para. 8, rod-like lens 7 of the type c formed by the two lenses l03/04) positioned between the second plano aspheric lens and the camera sensor.
Regarding claim 16, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 15,
Further, Leibetraut teaches wherein the optical engine includes:
the doublet including a bi-concave aspheric lens (fig. 2, element L03, p. 6, para. 1, objective lens 3 has two concave lenses, aspheric lenses taught in p. 5, para. 9) cemented to a plano convex lens (fig. 2, element L04, p. 5, para. 8, rod-like lens that forms a doublet with the convex lens L03) positioned between the bi-concave aspheric lens and the camera sensor.
Regarding claim 17, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 16,
Further, Leibetraut teaches wherein a flat surface of the plano convex lens is orientated towards the camera sensor (fig. 2, element L04, a flat face of the lens faces the proximal end where the camera is disposed).
Regarding claim 18, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 15,
Further, Leibetraut teaches wherein the doublet includes a substantially rectangular body extending along the first optical axis (fig. 2, element 7, p. 5, para. 8, rod-shaped lens 7 has a rectangular side profile).
Regarding claim 19, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 11,
Further, 배재철 teaches wherein the pair of imaging modules includes a first imaging module axially aligned with a second imaging module (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line).
Regarding claim 20, Leibetraut in view of Yang and 배재철 teaches The endoscopic imaging apparatus of claim 11,
Further, 배재철 teaches wherein the pair of imaging modules includes a first imaging module obliquely aligned with a second imaging module (fig. 12, element 660, pair of image sensors disposed mirrored radially and opposed about the center line).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leibetraut in view 배재철of as applied to claim 3 above, and further in view of Hegenbarth (US 20200264424 A1).
Regarding claim 4, Leibetraut in view of 배재철 teaches The endoscopy cannula assembly of claim 3,
Leibetraut in view of 배재철 does not explicitly teach wherein the optical engine includes:
a flat surface of the first plano aspheric lens cemented to the entrance face of the folding prism; and
a flat surface of the second plano aspheric lens cemented to the exit face of the folding prism.
However, Hegenbarth teaches wherein the optical engine includes:
a flat surface of the first plano aspheric lens cemented to the entrance face of the folding prism; and
a flat surface of the second plano aspheric lens cemented to the exit face of the folding prism ([0024], cementing of lenses to planar surfaces of prisms).
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 prism of Leibetraut to be cemented as taught in Hegenbarth in order to form a secure fixation between the two elements (Hegenbarth [0017]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leibetraut in view of Yang and 배재철 as applied to claim 13 above, and further in view of Hegenbarth (US 20200264424 A1).
Regarding claim 14, Leibetraut in view of Yang and 배재철 teaches The endoscopy cannula assembly of claim 13,
Leibetraut in view of Yang and 배재철 does not explicitly teach wherein the optical engine includes:
a flat surface of the first plano aspheric lens cemented to the entrance face of the folding prism; and
a flat surface of the second plano aspheric lens cemented to the exit face of the folding prism.
However, Hegenbarth teaches wherein the optical engine includes:
a flat surface of the first plano aspheric lens cemented to the entrance face of the folding prism; and
a flat surface of the second plano aspheric lens cemented to the exit face of the folding prism ([0024], cementing of lenses to planar surfaces of prisms).
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 prism of Leibetraut to be cemented as taught in Hegenbarth in order to form a secure fixation between the two elements (Hegenbarth [0017]).
Conclusion
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.
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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
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