DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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 21-26, 28-31, 33-34, 37-40 and 42-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4281646 A to Kinoshita.
Kinoshita discloses:
Regarding claim 21:
An apparatus for cleaning a surgical scope (figures 1-3), the apparatus comprising:
a sheath (24) for removably receiving a tube (25) of the surgical scope, the sheath (24) comprising a wall (see the wall of 25) defining a channel (see the channel A in figure 1 below) for receiving the tube (25) and a conduit (35) that defines a fluid flow path (column 3, lines 5-15);
a nozzle (63/55) located at a distal end (see the distal end B in figure 1 below) of the wall (see the wall of 25) and configured for directing a fluid flow (column 4, lines 18-51) across a lens (27) of the surgical scope to clean the lens (27); and
a first inlet (47) for connecting a gas supply (100) for supplying a gas flow (column 3, lines 30-45) to the fluid flow path and a second inlet (48) for connecting a liquid supply (101) for supplying a liquid flow (column 3, lines 30-45) to the fluid flow path.
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Figure 1 – figure 3 of Kinoshita, annotated by the examiner
Regarding claim 22:
The apparatus of claim 21, further comprising a valve (37/36) for fluidly connecting and disconnecting the first (47) and second (48) inlets, respectively, to the fluid flow path (column 3, lines 5-15).
Regarding claim 23:
The apparatus of claim 22, wherein the valve (37/36) actuates automatically based on a pressure differential (pressure differential results in the finger cushion of the valve 37 mentioned in column 3, lines 45-55 which indicates the pressure differential between lines 48 and 47 which biases the valve 37 toward the air line 47 being connected with fluid line 35) between the first (47) and second (48) inlets.
Regarding claim 24:
A method for cleaning a surgical scope (figures 1-3) comprising:
inserting the surgical scope (inherent, at some point the portion of the scope 32 is inserted into the sheath 24) into a sheath (24) of a surgical scope cleaner (see the cleaning section 35/64/55 of the sheath 24);
flowing a liquid (liquid from the water pump 101) through a conduit (35) of the sheath (24) and spraying a lens (27) of the surgical scope with the liquid (column 4, line 60- column 5, line 11) via a nozzle (63/55) of the surgical scope cleaner (column 4, lines 18-51); and
flowing a gas (gas from the air pump 100) through the conduit (35) of the sheath (24) and blowing the lens (27) of the surgical scope with the gas via the nozzle (63/55) of the surgical scope cleaner to remove the liquid (column 4, line 60- column 5, line 11) from the lens (27).
Regarding claim 25:
The method of claim 24, comprising closing (closing via valve 37) a gas supply (47) pathway while flowing the liquid through the conduit (35) and closing a liquid supply pathway (48) while flowing the gas through the conduit (35) (column 3, lines 5-15).
Regarding claim 26:
The method of claim 25, wherein the liquid and gas supply pathways (47 and 48) automatically close and open based on a pressure differential between the liquid and gas supply pathways (pressure differential results in the finger cushion of the valve 37 mentioned in column 3, lines 45-55 which indicates the pressure differential between lines 48 and 47 which biases the valve 37 toward the air line 47 being connected with fluid line 35).
Regarding claim 28:
The apparatus of claim 21, wherein a proximal end (see end C in figure 2 below) of the sheath (24) comprises a receiver (22) configured to receive a housing (21) of the surgical scope in a pre-determined angular orientation (holds the sheath along the same longitudinal axis of the housing as shown in figure 2 below).
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Figure 2 – figure 1 of Kinoshita, annotated by the examiner
Regarding claim 29:
The apparatus of claim 28, wherein the receiver (22) is configured to position the surgical scope (figures 1-3) in a fixed orientation (holds the surgical scope in the same longitudinal axis as the sheath).
Regarding claim 30:
The apparatus of claim 21, wherein the channel (see the channel A in figure 1 above) of the sheath (24) is sized such that the tube (25) of the surgical scope can slide into and out of the channel (capable of this function since the sheath is sized to receive the tube as shown in figure 2 above and further since it is performed during assembly at the least).
Regarding claim 31:
The apparatus of claim 30, wherein the channel (see the channel A in figure 1 above) and the tube (25) share a longitudinal axis when the tube is received in the channel (as shown in figure 2 above).
Regarding claim 33:
The apparatus of claim 22, wherein the valve (37/36) is configured to automatically actuate based (the position of the valve 37/36 is determine by the gas supply until actuated; column 3, lines 45-50) on one of the gas supply (100) and the liquid supply (101) being activated.
Regarding claim 34:
The apparatus of claim 22, wherein the valve (37/36) comprises a movable component (39) that is movable between (allows 48 to communicate with 35a or allows 47 to communicate 35a based on the actuation of the valve 37/36) sealing against the first inlet (47) and sealing against the second inlet (48).
Regarding claim 37:
All limitations of the claim are taught by the 35 USC 102 rejection of claim 28 by Kinoshita.
Regarding claim 38:
All limitations of the claim are taught by the 35 USC 102 rejection of claim 29 by Kinoshita.
Regarding claim 39:
All limitations of the claim are taught by the 35 USC 102 rejection of claim 30 by Kinoshita.
Regarding claim 40:
All limitations of the claim are taught by the 35 USC 102 rejection of claim 31 by Kinoshita.
Regarding claim 42:
The method of claim 25, wherein the surgical scope cleaner comprises a first inlet (47) connecting to a gas supply (100) for supplying the gas (column 3, lines 30-45) to the conduit (35), and a second inlet (48) connecting to a liquid supply (101) for supplying the liquid (column 3, lines 30-45) to the conduit (35).
Regarding claim 43:
The method of claim 42, wherein the surgical scope cleaner comprises a valve (37/36) that fluidly connects and disconnects the first (47) and second (48) inlets, respectively, to the conduit (35).
Regarding claim 44:
The method of claim 43, wherein the valve automatically actuates based on a pressure differential (pressure differential results in the finger cushion of the valve 37 mentioned in column 3, lines 45-55 which indicates the pressure differential between lines 48 and 47 which biases the valve 37 toward the air line 47 being connected with fluid line 35) between the first (47) and second (48) inlets.
Regarding claim 45:
The method of claim 43, wherein the valve (37/36) automatically actuates based (the position of the valve 37/36 is determine by the gas supply until actuated; column 3, lines 45-50) on one of the gas supply (100) and the liquid supply (101) being activated.
Regarding claim 46:
The method of claim 43, wherein the valve comprises a movable component (39) that moves between (allows 48 to communicate with 35a or allows 47 to communicate 35a based on the actuation of the valve 37/36) sealing against the first inlet (47) when flowing the liquid and sealing against the second inlet (48) when flowing the gas.
Claim Rejections - 35 USC § 103
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) 27 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4281646 A to Kinoshita as applied to claim 21 above, and further in view of US 4646722 A to Silverstein et al. (Silverstein).
Regarding claim 27:
Kinoshita fails to disclose:
The apparatus of claim 21, wherein the sheath extends to a proximal portion of the surgical scope when the surgical scope is removably received in the sheath.
Silverstein teaches:
An apparatus (figure 1) that includes a sheath (10) and endoscope (12). The reference further teaches the sheath can be removed in order to clean the scope (column 6, line 60- column 7, line 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kinoshita to allow for the removal of the sheath from the surgical scope as taught by Silverstein in order to clean the surgical scope (Silverstein, column 6, line 60- column 7, line 17).
Regarding claim 36:
All limitations of the claim are taught by the 35 USC 103 rejection of claim 27 by Kinoshita and Silverstein.
Claim(s) 32 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4281646 A to Kinoshita as applied to claim 21 above, and further in view of US 20090253965 A1 to Miyamoto.
Regarding claim 32:
Kinoshita fails to disclose:
The apparatus of claim 21, wherein the conduit has a non-circular cross- section.
Miyamoto teaches:
An apparatus (figure 3) that includes a sheath (9) and nozzle (22). Further, the conduit (16/17 as shown in figure 2) is non-circular.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kinoshita to replace the conduit with a non-circular conduit as taught by Miyamoto. This is a simple substitution of one known element (conduit of Kinoshita) for another (for a non-circular conduit as taught by Miyamoto) to obtain predictable results (to pass fluid to the nozzle).
Regarding claim 41:
All limitations of the claim are taught by the 35 USC 103 rejection of claim 32 by Kinoshita and Miyamoto:
Allowable Subject Matter
Claims 35 and 47 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 4/21/26 have been fully considered but they are not persuasive.
Regarding the 35 USC 102 rejection of claim 1 by Kinoshita:
The applicant has argued that the above rejections is improper because of the limitation “a sheath for removably receiving a tube of the surgical scope” (emphasis added by the examiner). The applicant has indicated that the Kinoshita does not teach this limitation. however, the office is not persuaded by this argument for several reasons. First, while the reference does not explicitly indicate the tube is removable, the reference does indicate that parts (63 for example) of the tube (25) are tightly inserted into corresponding parts (35 for example; column 4, lines 52-60; column 5, lines 14-22) which indicates they are not permanently connected but removably connected indicating the tube (25) is removable. Further, the prior art of record indicates that these tubes are removable (US 4660982 to Okada (see 21/19/18; column 5, lines 35-45); US 4706653 to Yamamoto 15/19 (column 3, lines 5-20)).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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 Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESLEY G HARRIS/Examiner, Art Unit 3783
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