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
Amendments to claim 1 of 12/9/2025 acknowledged and entered.
New claim 18 of 12/9/2025 acknowledged and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pereira (AU 2018298123 A1).
Regarding claim 1, Pereira teaches A motorized actuation module for an endoscopic instrument, comprising:
a mounting plate (fig. 1a, element 45, [0034], housing 45 has a flat face with mounting structure 47 attached) configured to be detachably attached to a grasping zone of a handgrip of an endoscope (fig. 1a, element 16, [0035], mounting structure 47 may be engageable with second end 16 of the handle body 10, the handle body portion 16 being considered a zone of the handgrip that may be grasped);
wherein said mounting plate having a bearing surface extended by a heel (fig. 1a, element 45, housing 45 has a thickness direction perpendicular to the mounting face) extending in a direction forming an angle of 90 degrees ± 25° relative to a plane of said bearing surface,
said heel comprising an electromechanical sensor delivering a control signal operable to control movement of said endoscopic instrument (fig. 1a, [0036], data and power cable 52 controls motor 50).
Regarding claim 2, Pereira teaches The motorized actuation module according to claim 1,
wherein a median of said ulnar-palmar bearing surface is extended on an opposite side by a motorized drive block (fig. 1a, element 46, [0035], interior cavity of housing 45), comprising a motorized mechanism of a filiform element (fig. 1a, element 50, [0034], motor 50) for connection with said instrument, a lower end of which opens into a flexible rod (fig. 1a, element 17, [0025], port 17 of endoscope accepts the wire element 42 of the motorized block) of said endoscope to ensure connection with said instrument, said mounting plate further being connected with said handgrip of said endoscope which is flexible.
Regarding claim 5, Pereira teaches The motorized actuation module according to claim 1,
wherein said heel is formed by a protrusion (fig. 1a, element 45, housing shaped to protrude in the direction and hollow to have an internal compartment) having thickness of less than 3 millimeters having, at its end, and a sensor whose actuating surface is defined by a generatrix forming an angle of 90 degrees ± 20° with a longitudinal axis of said handgrip (fig. 1a, element 49, [0035], scope device interface 49 extends perpendicularly to the housing).
Regarding claim 6, Pereira teaches The motorized actuation module according to claim 1,
wherein it further comprises, in a lower part of said ulnar-palmar grasping zone, a drive block (fig. 1a, element 46, [0035], interior cavity 46) comprising a motorized mechanism of a filiform element (fig. 1a, element 50, [0036], motor 50) for connection with said instrument, a lower end of which opens into a flexible rod (fig. 1a, element 17, [0025], port 17 of endoscope accepts the wire element 42 of the motorized block) of said endoscope to provide a connection with said instrument.
Regarding claim 7, Pereira teaches The motorized actuation module according to claim 6,
wherein said drive block has a side actuating button controlling an emergency stop of movement of said instrument (fig. 1a, element 22, [0042], selection toggle 22 may switch on or off the motor 50).
Regarding claim 18, Pereira teaches A motorized actuation module for an endoscopic instrument, comprising:
a mounting plate (fig. 1a, element 45, [0034], housing 45 has a flat face with mounting structure 47 attached) configured to be attached to a grasping zone of a handgrip of an endoscope (fig. 1a, element 16, [0035], mounting structure 47 may be engageable with second end 16 of the handle body 10, the handle body portion 16 being considered a zone of the handgrip that may be grasped), said mounting plate having a bearing surface extended by a heel (fig. 1a, element 45, housing 45 has a thickness direction perpendicular to the mounting face) extending in a direction forming an angle of 90± 250 relative to a plane of said bearing surface, said heel comprising an electromechanical sensor delivering a control signal operable to control movement of said endoscopic instrument;
wherein the grasping zone is a semi-tubular lateral surface of the handgrip that extends between the two transverse front ends of the handgrip so that a palm of a hand is able to surround the grasping zone (fig. 1a, mounting section 38 is between the two ends of the handgrip on the side).
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) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pereira as applied to claim 1 above, and further in view of Yamada (US 20150119641 A1).
Regarding claim 3, Pereira teaches The motorized actuation module according to claim 2,
Pereira does not explicitly teach a device comprising a connection of said handgrip of said endoscope comprises an endpiece configured to be inserted into a working channel of said flexible rod of said endoscope.
However, Yamada teaches a device comprising a connection of said handgrip (fig. 1a, element 33, [0062]) of said endoscope comprises an endpiece (fig. 1a, element 36, [0070], insertion cap inserted into the treatment instrument insertion hole) configured to be inserted into a working channel of said flexible rod of said endoscope.
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 Pereira to include the working channel connection of Yamada in order to better control advancement and retreating of the treatment instrument (Yamada [0005]).
Regarding claim 4, Pereira in view of Yamada teaches The motorized actuation module according to claim 3,
Further, Pereira teaches the device wherein said motorized drive block comprises a motor placed below said endpiece (fig. 1a, element 50).
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.
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, 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.
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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795