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 .
Notice of Amendment
The Amendment filed 10/14/2025 has been entered. Claims 1, 2, 4-6, 12, 13, 21-31 are pending in the application with claims 1, 2, 12, 13 amended, claim 4 withdrawn, claims 3, 7-11, 14-20 cancelled, and claims 21-31 newly added.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2, 4-6, 12, 13, 21-24, 26-29, 31 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dillon et al. (US Patent Application Publication No. 2015/0057537, hereinafter Dillon).
In regard to claim 1, Dillon discloses a medical system (Figs. 2A,2B), comprising:
a first device (210) comprising a first handle (218), a first shaft (230) extending distally from the first handle, a first port (214), and a first actuator (212);
a second device (240) comprising a second handle (248), a second shaft (250), a second port (port through which shaft (250) extends through, see Figs. 2A-2B), a third port (Figs. 2A-2B, 3 show additional ports (351), Par. 31), and a second actuator (242), wherein the second shaft extends into the second port and the third port is in fluid communication with a lumen of the second shaft (Figs. 2A-2B, Par. 28);
wherein the second port and the third port extend radially outward from the second handle at approximately a same angle (Fig. 3 shows the second and third ports extending radially outward from the second handle at approximately a same angle); and
a fixture for removably coupling the first device to the second device at the first port of the first handle (Par. 26, via removably attaching the second device to the port (214) of the first device, Figs. 2A-2B),
wherein, in a configuration in which the second device is coupled to the first device:
the fixture couples the first device to the second device so that the first handle is configured to be held in a first hand of an operator, while a second hand of the operator traverses between use of the first actuator and the second actuator (Figs. 2A, 2B, the devices are capable of being used to perform the claimed function), and
the second shaft extends from the second port of the second device into the first port of the first device (Figs. 2A,2B).
In regard to claim 2, Dillon teaches wherein, during use, the second shaft enters the first port of the first handle of the first device, the first device is closer to an operator than the second device, and the first actuator is below the second actuator (Figs. 2A-2B).
In regard to claim 4, Dillon teaches wherein the first actuator lies on a first plane, the second actuator lies on a second plane, and the second plane is at an angle relative to said first plane, wherein the angle between the second plane and the first plane is between 5° and 70° (the second device can be connected to the first port (214) at different rotational angles, therefore adjusting the angle of the second actuator with respect to the first actuator).
In regard to claim 5, Dillon teaches wherein the first actuator and the second actuator lie on a shared plane or parallel planes (the second device can be connected to the first port (214) at different rotational angles, therefore adjusting the angle of the second actuator with respect to the first actuator to lie on the same plane or parallel planes, Figs. 2A,2B).
In regard to claim 6, Dillon teaches wherein the first actuator includes a first rotatable knob, the second actuator includes a second rotatable knob, and an axis of rotation of the first rotatable knob is within 2.75 inches of an axis of rotation of the second rotatable knob (the second device can be attached at different rotational orientations to the first port of the first device, such that at certain rotational orientations, the axis of the first and second rotatable knobs would converge towards each other such that the axis would be within 2.75 inches of each other, Figs. 2A,2B).
In regard to claim 12, Dillon teaches wherein a portion of the second device is coupled to the first port (Figs. 2A,2B).
In regard to claim 13, Dillon teaches wherein the second shaft of the second device is configured to extend from a proximal end at the second port to the second port (Figs. 2A,2B).
In regard to claim 21, Dillon discloses a medical system (Figs. 2A,2B), comprising:
a first device (210) comprising a first handle (218), a first shaft (230) extending distally from the first handle (214), a first port, and a first actuator (212); and
a second device (240) comprising a second handle (248), a second port (port through which shaft (250) extends through, see Figs. 2A-2B), a third port (Figs. 2A-2B, 3 show additional ports (351), Par. 31), an anchor portion (Figs. 2A, 2B portion which removably attaches to first port (214), Par. 26), a second shaft (250), and a second actuator (242), wherein the second port and the third port extend radially outward from the second handle at approximately a same angle (Fig. 3 shows the second and third ports extending radially outward from the second handle at approximately a same angle);
wherein, in a configuration in which the anchor portion is coupled to the first port, the second shaft extends into the second port of the second device and into the first port of the first device via the anchor portion such that the second shaft extends through a first lumen of the first shaft (Figs. 2A,2B), and
wherein the third port of the second device is in fluid communication with a second lumen of the second shaft, such that an accessory device is insertable into the third port and extendable through the second lumen of the second shaft while the second shaft is within the first lumen of the first shaft (Figs. 2A-2B,3, Par. 31).
In regard to claim 22, Dillon teaches wherein the anchor portion comprises a receiving end configured to be coupled with the first port of the first device (Figs. 2A,2B, Par. 26).
In regard to claim 23, Dillon teaches wherein the receiving end is configured to couple to the first port via at least one of: (1) a clamp, (2) a frictional fit, or (3) adhesion (Dillon teaches of the second device being attached to the first port via a luer-lock connection, Par. 25).
In regard to claim 24, Dillon teaches wherein, to extend the accessory device through the second lumen, the accessory device is extended through a body of the second handle (the accessory device extends through a body of the second handle when the accessory device extends through the second lumen, Figs. 2A-2B).
In regard to claim 26, Dillon teaches wherein the first actuator lies on a first plane, wherein the second actuator lies on a second plane, and the second plane is at an angle of 5° to 70° relative to the first plane (the second device can be connected to the first port (214) at different rotational angles, therefore adjusting the plane and angle of the second actuator with respect to the first actuator).
In regard to claim 27, Dillon teaches wherein the first actuator and the second actuator lie on a shared plane or parallel planes (the second device can be connected to the first port (214) at different rotational angles, therefore adjusting the angle of the second actuator with respect to the first actuator to lie on the same plane or parallel planes, Figs. 2A,2B).
In regard to claim 28, Dillon teaches medical system (Figs. 2A,2B) comprising:
a first device (210) comprising a first handle (218), a first shaft (230) extending distally from the first handle (212), and a first port (214),
a second device (240) comprising a second handle (248), a second port (port through which shaft (250) extends through, see Figs. 2A-2B), a third port (Figs. 2A-2B, 3 show additional ports (351), Par. 31), and a second shaft (250),
wherein the second port and the third port extend radially outward from the second handle at approximately a same angle (Fig. 3 shows the second and third ports extending radially outward from the second handle at approximately a same angle),
wherein the second shaft extends through an opening in a body of the second handle and into the second port of the second device (see annotated Fig. 2B below), and
wherein the third port of the second device is in fluid communication with a lumen of the second shaft; and wherein, in a configuration in which the second device is coupled to the first device, the second shaft extends through the first port and into a lumen of the first shaft (Figs. 2A-2B,3, Par. 31).
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In regard to claim 29, Dillon teaches wherein the second handle includes an anchor portion for coupling to the first port (via luer lock connection for removably attaching the second port of the second device to the first port (214), Figs. 2A, 2B, Par. 25-26), and wherein the first port of the first device is in fluid communication with the second port of the second device via the anchor portion (Fig. 3).
In regard to claim 31, Dillon teaches wherein the second port and the third port of the second device are positioned in the same plane or in a same plane (Figs. 2A,2B).
In regard to claim 33, Dillon teaches wherein each of the second port and the third port extends from a same, first side surface of the second handle (Figs. 2A,2B illustrate the second and third ports each extend from a proximal surface of the second handle).
In regard to claim 34, Dillon teaches wherein the first side surface of the second handle is opposite to a second side surface of the handle that faces the first handle (Figs. 2A,2B illustrate the first and second handle have side surface that face each other).
In regard to claim 35, Dillon teaches wherein the second port and the third port are adjacent to one another (Figs. 2A,2B illustrate the second and third ports adjacent one another at a proximal end of the second handle)
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 32 are rejected under 35 U.S.C. 103 as being unpatentable over Dillon et al. (US Patent Application Publication No. 2015/0057537, hereinafter Dillon) in view of Okada et al. (US Patent Application Publication No. 2005/0090709, hereinafter Okada).
In regard to claim 32, Dillon is silent with respect to wherein the second actuator is a steering knob, and wherein an outer entrance of each of the second port and the third port is distal to at least a portion of the steering knob.
Okada teaches an analogous endoscope comprising a handle (11) having bending controls (35LR, 35UD, 36, 37) and a plurality of instrument ports (39a, 39b) distally disposed of the bending controls (Fig. 4). The instrument ports (39a, 39b) extending at approximately the same angle from the handle and allow instruments to be inserted through separate channels within the endoscope.
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the second and third ports of Dillon to be positioned distally of the bending controls and extending at approximately the same angle as taught by Okada as a matter of design choice for allowing a surgeon to advance various surgical instruments through the instrument ports to a distal end of the endoscope. There being no unexpected results in modifying the second and third ports of Dillon for the instrument port configuration of Okada.
Response to Arguments
Applicant argues Dillon fails to teach the feature of “wherein the second port and the third port extend radially outward from the second handle at approximately a same angle”. The examiner disagrees since Fig. 3 shows the second and third ports extending radially outward from the second handle at approximately a same angle. Further, since the claim uses the term approximately, the angles do not need to be identical, but merely close.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN N HENDERSON whose telephone number is (571)270-1430. The examiner can normally be reached Monday-Friday 6am-5pm (PST).
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/RYAN N HENDERSON/Primary Examiner, Art Unit 3795 March 21, 2026