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 RCE filed 12/2/2025 has been entered. Claims 1, 3, 4, 6-18 are pending in the application with claims 1, 11 amended, claims13-18 withdrawn, claims 2, 5 cancelled.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 4, 6-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the edge portions" in Line 23. There is insufficient antecedent basis for this limitation in the claim. The claim previous recites “an edge” in Line 22, but fails to positively recite an edge portion. Appropriate correction is required.
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.
Claims 1, 3, 4, 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fortier (US Patent No. 7,063,709) in view of Ghareeb (US Patent No. 7,488,333).
In regard to claim 1, Fortier discloses an endoscope hood (130, Fig. 7) structured to be attached to a distal tip of an endoscope (Col. 1, Lines 37-39), the endoscope hood comprising:
a flexible and hollow cylindrical body (130) extending between a first end (proximal end) and a second end (distal end) with a lumen extending therethrough for receiving the distal tip of the endoscope through an opening at the first end of the cylindrical body and allowing the distal tip to be positioned adjacent to the second end (Fig. 7);
the hollow cylindrical body comprising an internal surface for engaging and receiving said endoscope tip (Fig. 7); and
the cylindrical body being formed by profiled outer portions (170) arranged in one or more rows between the first end and the second end of the cylindrical body wherein each of the profiled outer portions comprises respective contact surfaces that converge towards the second end of the cylindrical body such that the profiled outer portions provide low frictional resistance during forward movement of the endoscope hood covering the endoscope tip through a body cavity and a greater frictional resistance during a rearward movement of the endoscope hood covering the endoscope tip through the body cavity (Fig. 8 illustrates ridges having a sawtooth profile that converge towards the distal end of the cylindrical body thereby minimizing frictional resistance during insertion and increasing frictional resistance during withdrawal) and wherein the cylindrical body formed by the profiled portions comprises the internal surface to receive and engage the endoscope tip during the forward and rear movement (Fig. 7),
wherein each of the profiled outer portions comprises a wedge with a contact surface converging towards the second end of the cylindrical body and whereby the thickness of the wedge-shaped profiled structure decreases in a direction towards the second end of the cylindrical body (Figs. 7,8), and
wherein each wedge has an edge extending transversely across the outer portion of the cylindrical body, the edge portion being transverse relative to a central longitudinal axis passing through the enclosed hollow internal space of the body (Figs. 7,8).
Fortier does not expressly teach wherein the edge portion of one row of the profiled outer portions is adjacent the wedge of another row of the profiled outer portions.
Ghareeb teaches an analogous ligating device comprising a plurality of rows of ridges (24) in which each ridge comprises a wedge shape adjacent an edge portion of an adjacent ridge (Figs. 8A, 8B) for retaining a ligating band on the ridges.
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the ridge structure of Fortier with the ridge structure of Ghareeb as a matter of design choice for retaining a ligating band between adjacent ridges. There being no unexpected results in modify the ridge structure of Fortier with the ridge structure of Ghareeb.
In regard to claim 3, Fortier teaches wherein each row of the profiled outer portions comprises a plurality of said wedges (Fig. 3 illustrates a plurality of ridges (170) in each row) circumferentially arranged along the outer portion of the cylindrical body (Figs. 3).
In regard to claim 4, Fortier teaches wherein respective wedges for each row of said profiled outer portions are adjacently arranged to form a column comprising of two or more of said wedges arranged between the first and second ends (Fig. 3 illustrates a plurality of columns of ridges (170)).
In regard to claim 6, Fortier teaches wherein the endoscope hood further comprises:
a plurality of drainage apertures (124) adjacent to the second end of the cylindrical body; and
one or more drainage channels along the outer portion of the body of the endoscope hood, each drainage channel corresponding to a respective drainage aperture (via channels extending between each column of ridges (170), Fig. 3).
In regard to claim 7, Fortier teaches wherein the wedges in each said plurality of wedges arranged circumferentially are separated from each other by a drainage channel (Fig. 3).
In regard to claim 8, Fortier teaches wherein each drainage channel extends in a longitudinal direction from the second end towards the first end of the body (Fig. 3).
In regard to claim 9, Fortier teaches further comprising a profiled stop member positioned along the internal surface adjacent to the second end of the hollow body to maintain a gap towards a forward viewing direction (see annotated Fig. 7 below), the gap positioned between a lens of the endoscope during use along the profiled stop member and an outer portion defining an opening at the second end of the hollow body wherein the profiled stop portion comprises the drainage apertures to allow fluid to drain from an interior portion adjacent the second end of the endoscope hood to an external outer portion of the body of the endoscope hood (fluid is capable of draining from an interior portion to an external outer portion of the body through the drainage apertures).
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In regard to claim 10, Fortier teaches wherein the profiled stop member is formed continuously with the outer portion defining the opening at the second end of the cylindrical body (see annotated Fig. 7 above).
In regard to claim 11, Fortier teaches wherein the plurality of drainage apertures is circumferentially disposed along the profiled stop member of the cylindrical body (see Figs. 3, 7).
In regard to claim 12, Fortier teaches wherein each of the drainage channels are circumferentially arranged along the outer portion of the body of the endoscope hood (Fig. 3).
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 4, 6-12 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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN N HENDERSON/ Primary Examiner, Art Unit 3795 December 27, 2025