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
The amendments to claim 1 in the response filed on 01/23/2026 are acknowledged.
Claims 17-34 remain pending in the application
Claims 32-34 are withdrawn
Claims 17-31 are examined.
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claim 1 to require “and wherein the gripping unit, in the release position, completely releases an end face of the hollow body in the distal direction”, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
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.
Claim(s) 17 and 19-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,172,700 to Bencini et al. (hereinafter “Bencini”) in view of U.S. Publication No. 2005/0137453 to Ouchi et al. (hereinafter “Ouchi”).
Regarding claim 17, Bencini discloses a medical treatment instrument which is provided and configured to be coupled to a distal end or end portion of a medical endoscope to become an adaptive member of the medical endoscope, the medical treatment instrument comprising:
- a sleeve-shaped hollow body comprising a circumferential wall which internally surrounds an axially extending cavity being open into distal direction and comprising a proximal, plug-on-like coupling portion, that is provided and configured to be attached or fitted to or onto an endoscope shaft or endoscope head of the endoscope (192A, 192B, Fig. 9A-9E, Col. 10, lines 51-67 and Col. 11, lines 1-20),
- a gripping unit that is supported on or articulated to a distal circumferential wall portion of the hollow body (200, Fig. 9A, Col. 10, lines 51-67 and Col. 11, lines 1-20), and
- an actuation mechanism or transmission provided for operating the gripping unit at least from a release position to a gripping position, said actuation mechanism or transmission having a proximal portion that extends from the hollow body to a proximal direction, and having a distal portion that is received in the cavity and comprises a distal end or end portion which is coupled or connected to the gripping unit at an inner side thereof facing the cavity Col. 10, lines 51-67 and Col. 11, lines 1-20), wherein
- the gripping unit, when in the gripping position, takes the shape of a cap, flap, cupola, door or roof (Fig. 9A-9E) by which the cavity is closed at a distal end of the hollow body at least when the gripping position is reached (Col. 10, lines 51-67 and Col. 11, lines 1-20).
Bencini fails to expressly teach and wherein the gripping unit, in the release position, completely releases an end face of the hollow body in the distal direction.
However, Ouchi teaches of a medical treatment instrument (Fig. 1) and wherein the gripping unit, in the release position, completely releases an end face of the hollow body in the distal direction (114, Fig. 15, Fig. 16, [0089], [0092]-[0107]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gripping unit of Ouchi to in the release position, completely releases an end face of the hollow body in the distal direction, as taught by Ouchi. It would have been advantageous to make the combination for the purpose of opening and closing the instrument ([0089] of Ouchi).
Regarding claim 19, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 17, and Bencini further discloses wherein the gripping unit comprises only one gripping branch or two gripping branches articulated to the distal circumferential wall portion of the hollow body and being coupled or connected with the actuation mechanism or transmission (198A, 198B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 20, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 17, and Bencini further discloses wherein the only one gripping branch or the two gripping branches comprises, a flat plate portion, a single-curved shell portion or a shell portion conically widening radially outwards in the longitudinal direction of the hollow body which is arranged, in a closed position of the gripping element, on a distal end side of the hollow body (198A, 198B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20)..
Regarding claim 21, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 20, and Bencini further discloses wherein an edge portion of a proximal end of the only one gripping branch or the two gripping branches is connected to an edge portion of a distal end of the hollow body via a joint to be pivoting about a swivel axis such that the swivel axis extends tangentially to both portions (198A, 198B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 22, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 19, and Bencini further discloses wherein the actuation mechanism or transmission comprises at least one actuator in the form of a cable movably supported in the hollow body which is connected to the gripping element especially the only one gripping branch or the two gripping branches via at least one connecting rod pivotally connected to each of the actuator and the gripping element or via at least one flexible element strongly connected to each of the actuator and the gripping element, and the gripping element can be operated by driving the actuator (6, 206, Fig. 9A-9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 23, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 22, and Bencini further discloses wherein the connecting rod is connected to be pivoting about a swivel axis to a further portion of the proximal end edge of the only one gripping branch or the two gripping branches via a joint such that the swivel axis is perpendicular to the further portion (206, 208, Fig. 9A-9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 24, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 22, and Bencini further discloses wherein: the gripping element comprises two gripping parts, one of the two gripping parts is firmly connected to the hollow body, the other of the two gripping parts is the only one gripping branch being pivotally or slidingly connected to the hollow body and the at least one connecting rod or the at least one flexible element connects the gripping branch that is pivotally or slidingly connected to the hollow body to the actuator.
Regarding claim 25, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 24, wherein: the medical treatment instrument comprises a further actuator, a further connecting rod or a further flexible element connects the gripping branch that is pivotally or slidingly connected to the hollow body to the further actuator, and a distal end of the actuator and a distal end of the further actuator are arranged on two opposite sides of the hollow body (202A, 202B. Fig. 9B, Col. 10, lines 51-67 and Col. 11, lines 1-20)..
Regarding claim 26, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 22, and Bencini further discloses wherein: the gripping element comprises the two gripping branches which are pivotally or slidingly connected to the hollow body, the at least one connecting rod or the at least one flexible element connects the actuator to one of the two gripping branches, and a further connecting rod or a further flexible element connects the actuator to the other of the two gripping branches (198A, 198B, 196A, 196B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 27, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 26, and Bencini further discloses wherein: the treatment medical instrument comprises a further actuator, the further actuator is connected to each of the two gripping branches via a further connecting rod or a further flexible element, and a distal end of the actuator and a distal end of the further actuator are arranged on two opposite sides of the hollow body (202A, 202B. Fig. 9B, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 28, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 22, and Bencini further discloses wherein: the gripping element comprises the two gripping branches which are pivotally or slidingly connected to the hollow body, the at least one connecting rod or the at least one flexible element connects the actuator to one of the two gripping branches, the medical treatment instrument comprises a further actuator and a further connecting rod or a further flexible element, and the further connecting rod or the further flexible element connects the further actuator to the other of the two gripping branches (198A, 198B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 29, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 26, and Bencini further discloses wherein the two gripping branches are arranged to be opposed to each other so that the actuator and/or the further actuator extend(s) symmetrically to/on/in a plane situated centrally between the two gripping branches in the closed condition (198A, 198B, Fig. 9E, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 30, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 17, wherein the gripping element comprises a recess with a maximum opening width of 1.1 mm or less (204, Fig. 9D, Col. 10, lines 51-67 and Col. 11, lines 1-20).
Regarding claim 31, Bencini, in view of Ouchi, teaches a medical endoscope having a distal end or head-like end portion which is coupled to a medical treatment instrument (Fig. 1) according to claim 17, wherein a proximal portion of the actuation mechanism or transmission in the form of a cable of the medical treatment instrument is guided along an outer side of the endoscope (Fig. 1).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bencini in view of Ouchi and further in view of U.S. Publication No. 2006/0258954 to Timberlake et al. (hereinafter “Timberlake”)
Regarding claim 18, Bencini, in view of Ouchi, teaches the medical treatment instrument according to claim 17.
Bencini, in view of Ouchi, fails to expressly teach wherein the gripping unit is formed to be transparent at least in portions.
However, Timberlake teaches of a medical treatment instrument (Fig. 1) wherein the gripping unit is formed to be transparent at least in portions ([0066]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bencini, in view of Ouchi, to utilize a transparent material in the manner taught by Timberlake. It would have been advantageous to make the combination for the purpose of providing stability ([0066[ of Bencini).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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