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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/15/2025 is acknowledged.
Applicant asserts that the election reads on claims 17-31.
Status of Claims
Claims 17-34 are pending, claims 32-34 have been withdrawn from consideration and claims 17-31 are currently under consideration for patentability under 37 CFR 1.104.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/16/2022, 04/30/2024, 10/31/2024, 07/14/2025 have been considered by the examiner.
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.
Claim(s) 17 and 19-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,172,700 to Bencini et al. (hereinafter “Bencini”).
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).
Regarding claim 19, Bencini discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 discloses 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 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) 18 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”) and further in view of U.S. Publication No. 2006/0258954 to Timberlake et al. (hereinafter “Timberlake”)
Regarding claim 18, Bencini discloses the medical treatment instrument according to claim 17.
Bencini 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, 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTEN A. SHARPLESS whose telephone number is (571)272-2387. The examiner can normally be reached Monday-Tuesday 6:00 AM - 2:00 PM, and Friday 6:00 AM - 10:00 AM.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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