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 Invention I in the reply filed on October 23, 2025 is acknowledged. Response to Amendment In response to amendment filed October 23, 2025, claims 34, 36-37 and 40 are amended. New claims 44-54 are added. Claims 1-33, 35, 38-39 and 41-43 are cancelled. Claims 34, 36-37, 40 and 44-54 are pending. 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 appl icant regards as his invention. Claim s 40, 46- 47 and 49- 5 1 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 40 recites the limitation “the central axis” in line 2. There is insufficient basis for this limitation in the claim. The lack of antecedent basis causes the meaning of the claim to be unclear. A lack of clarity arises because it is unclear as to which earlier recited element (if any) the limitations reference. For the purposes of examination, the limitations are interpreted as not referring to any earlier recited elements. Claim 46 recites the limitation “the central axis” in line 5. There is insufficient basis for this limitation in the claim. The lack of antecedent basis causes the meaning of the claim to be unclear. A lack of clarity arises because it is unclear as to which earlier recited element (if any) the limitations reference. For the purposes of examination, the limitations are interpreted as not referring to any earlier recited elements. Claim 47 recites the limitation “the sample acquiring portion” in line 1. There is insufficient basis for this limitation in the claim. The lack of antecedent basis causes the meaning of the claim to be unclear. A lack of clarity arises because it is unclear as to which earlier recited element (if any) the limitations reference. For the purposes of examination, the limitations are interpreted as not referring to any earlier recited elements. Claim 49 recites the limitation “the smooth interior surface” in lines 1-2. There is insufficient basis for this limitation in the claim. The lack of antecedent basis causes the meaning of the claim to be unclear. A lack of clarity arises because it is unclear as to which earlier recited element (if any) the limitations reference. For the purposes of examination, the limitations are interpreted as not referring to any earlier recited elements. Claims 50-51 are rejected by virtue of dependence on claim 49. Claim 50 recites the limitation “the sample acquiring portion” in lines 6, 7 and 12. There is insufficient basis for this limitation in the claim. The lack of antecedent basis causes the meaning of the claim to be unclear. A lack of clarity arises because it is unclear as to which earlier recited element (if any) the limitations reference. For the purposes of examination, the limitation recited in line 6 is not interpreted as not referring to any earlier recited elements and the limitation recites in lines 7 and 12 are interpreted as referring to the limitation recited in line 6. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 34, 36-37, 40 and 44-54 are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US 5810744 A) in view of Klein (US 20210038202 A1). With respect to claim 34 , Chu discloses a kit (see Fig. 1 and col 4 lines 20- 60 : biopsy instrument includes a biopsy device #11, a shaft #12, an instrument handle #14 with a finger handle #16 and thumb ring #15 all separably parts that form a device kit ) , comprising: a biopsy instrument (see Fig. 1 and col 4 lines 20- 42 : biopsy instrument includes a biopsy device #11 ) , a maneuvering unit ( see col 2 lines 58-63: an actuator located at proximal end of shaft ; and see col 3 lines 49-51: actuator includes a handle with a moving piece that connects to a force transmitting member ) , a drive wire (see Fig. 1 and col 4 lines 20-42: force transmitting member #29 is made of a wire) , and a telescopic mechanism (see col 4 lines 20- 60 : handle comprises two part axially movable with respect to each other where the two parts include a finger handle and a thumb ring wherein sliding motion of the finger handle relative to the thumb ring causes axial extension and retraction of the inner receptable member relative to the cannula where this two part sliding handle is interpreted to be a proximal telescopic mechanism) , wherein the biopsy instrument comprises, a base member which extends from a proximal end to a distal end along the central geometrical axis (see Col 4 lines 20-42: distal end of shaft is connected to a proximal end of a cannula #18 that extends from proximal end to a distal end to a cannula edge #20 along a central axis ) , wherein a distal end portion of the base member is shaped as an elongated hollow tube (see col 4 lines 20-42: cannula #18 is elongated and has a lumen making it hollow ) , being intended to be at least partly inserted into a tissue from which a biopsy is to be obtained (intended use: is capable of being inserted into tissue to collect biopsy sample ; see col 4 lines 20-42: biopsy instrument for taking a biopsy specimen ) , wherein the base member is capable of transferring a force along the central geometrical axis such that a movement of the proximal end of the base member along the central geometrical axis is transferred to a movement of the distal end of the base member along the central geometrical axis (intended use: base member is capable of transferring a rotation force about the longitudinal axis ; see col 2 lines 58-63: an actuator located at proximal end of shaft; and see col 3 lines 49-51: actuator includes a handle with a moving piece that connects to a force transmitting member; and see col 4 lines 20-60: force is transmitted via the force transmitting member #29 to slide with respect to shaft #12 and cannula #18 where axial movement at proximal end produces axial movement at distal end ) , wherein the telescopic mechanism is configured to be connected to a proximal end of the biopsy instrument or forms a proximal part of the biopsy instrument (see col 4 lines 20-42: handle comprises two part axially movable with respect to each other where the two parts include a finger handle and a thumb ring wherein sliding motion of the finger handle relative to the thumb ring causes axial extension and retraction of the inner receptable member relative to the cannula where this two part sliding handle is interpreted to be a proximal telescopic mechanism) , wherein the telescopic mechanism is configured to be connected to the maneuvering unit via the drive wire (see col 4 lines 20-60: handle comprises two part axially movable with respect to each other where the two parts include a finger handle and a thumb ring wherein sliding motion of the finger handle relative to the thumb ring causes axial extension and retraction of the inner receptable member relative to the cannula where this two part sliding handle is interpreted to be a proximal telescopic mechanism) such that the proximal end of the base member such that rotation may be applied to the proximal end of the base member and be transferred by the base member to the elongated hollow tube at the distal end of the base member (see col 4 lines 20-60: force is transmitted via the force transmitting member #29 to slide with respect to shaft #12 and cannula #18 where axial movement at proximal end of cannula #18 produces axial movement at distal end of cannula #18) . Chu does not disclose that the maneuvering unit comprises a motor; the elongated hollow tube at the distal end of the base member being provided with a distally facing circular cutting edge defining a mouth of the distal end of the elongated hollow tube; wherein the base member is capable of transferring a torque about the central geometrical axis such that a rotation and a torque applied by the motor at the proximal end of the base member about the central geometrical axis is transferred from the proximal end of the base member to the distal end of the base member thereby rotating the distal end of the base member about the central geometrical axis; and further does not disclose that the proximal end of the base member is configured to be connected to the motor. Klein teaches a maneuvering unit with a motor (see paragraph 0240: a handle #104 comprises a driving unit #110 which can be a motor that is functionally connected to a shaft #106); wherein a proximal end of a base member is configured to be connected to the motor (see paragraph 0240-0243 and Fig. 1A: driving unit #110 which can be a motor is connected to a shaft #106 on the proximal side); wherein the base member is capable of transferring a torque about the central geometrical axis such that a rotation and a torque applied by the motor at the proximal end of the base member about the central geometrical axis is transferred from the proximal end of the base member to the distal end of the base member thereby rotating the distal end of the base member about the central geometrical axis (see paragraph 0240-0243: the driving unit #110 which can be a motor connected to a proximal end of as shaft can be configured to rotate and axially advance a shaft by a transmission functionality connected to the shaft where the transmission is a fixed ratio transmission between rotation velocity and axially advancement velocity). Klein further teaches that an elongated hollow tube at the distal end of the base member is provided with a distally facing circular cutting edge defining a mouth of the distal end of the elongated hollow tube (see paragraph 0308: sampling portion #450 rotates clockwise of counterclockwise while axially advancing forward into a target tissue with a leading edge #455 by performing a circular cut; and see paragraph 0305: leading edge #433 is shaped and sized for cutting the target tissue where if it performs a circular cut than it is interpreted to be a circular cutting edge) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have added a motor and a distally facing circular cutting edge because it would have resulted in the predictable result of having an edge that is shaped an d sized to cut target tissue (Klein: see [0305]) as a design choice and to add a motor to fix a ratio between axially advancement velocity and shaft rotation speed to allow efficient cutting of target tissue without causing damage to surrounding tissue (Klein: see [0184]). With respect to claim 36 , all limitations of claim 34 apply in which Chu does not disclose wherein the drive wire and the motor have corresponding lockable connectors. Klein teaches lockable connectors (see paragraph 0317, 0322-0323: connector #420 can be part of a locking mechanism). Klein further teaches a drive wire (see paragraph 0230-0231: biopsy device #102 comprises a sleeve #118 that is connected to a handle #104 where sleeve #118 comprises an elongated flexible shaft #106 positioned inside and along an internal lumen of sleeve) and a motor (see paragraph 0240: a handle #104 comprises a driving unit #110 which can be a motor that is functionally connected to a shaft #106). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have added lockable connectors between a drive wire and a motor because it would have resulted in the predictable result of locking adjust a length of a wire according to the distance to a target tissue (Klein: see [0317]). With respect to claim 37 , all limitations of claim 34 apply in which Chu does not disclose wherein the drive wire has a low friction and non- adhesive outer surface formed of a polymer-based material or a flexible coating. Klein teaches a drive wire (see paragraph 0230-0231: biopsy device #102 comprises a sleeve #118 that is connected to a handle #104 where sleeve #118 comprises an elongated flexible shaft #106 positioned inside and along an internal lumen of sleeve) that has a low friction and non- adhesive outer surface formed of a polymer-based material or a flexible coating (see paragraph 0230-023 3 : sleeve #118 is elastic and bendable and can have an external coating with a low friction external layer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have added a drive wire with low friction and a non-adhesive outer surface because it would have resulted in the predictable result of reducing friction with surrounding tissue during shaft movement and to prevent adherence of tissue to outer layer of shaft (Klein: see [0230]-[0233]). With respect to claim 40 , all limitations of claim 34 apply in which Chu does not disclose wherein the telescopic mechanism is adapted to engage an insertion opening of an endoscope while remaining translatable and rotatable with respect to the central axis. Klein teaches introducing at least part of a biopsy device into the body via a working channel of a flexible endoscope while having the biopsy device be translatable and rotatable (see paragraph 0229 ; and see paragraph 0240-0243: the driving unit #110 which can be a motor connected to a proximal end of as shaft can be configured to rotate and axially advance a shaft by a transmission functionality connected to the shaft where the transmission is a fixed ratio transmission between rotation velocity and axially advancement velocity ) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have the telescopic mechanism engage an endoscope because it would have resulted in the predictable result of using a biopsy instrument in combination with an endoscope for fine needle biopsy of body tissues (Klein: see [0336]) to facilitate the collection of tissue samples for analysis and diagnosis of biological conditions and further as an endoscope provides direct visualization . With respect to claim 44 , all limitations of claim 34 apply in which the combination of Chu and Klein further teaches wherein the motor is configured to provide a rotation of the elongated hollow tube, while the elongated hollow tube is advanced and is retracted, about the central geometrical axis by applying rotation and torque to the proximal end of the base member at a rotational speed of at least 13,000 rpm (Klein: see paragraph 0242: rotation speed of 100-12000 RPM; and see paragraph 0256: any larger value of RPM can be utilized to rotate shaft which includes 13000 RPM) . With respect to claim 45 , all limitations of claim 34 apply in which Chu does not specifically disclose wherein the telescopic mechanism is at a distal end thereof provided with a connector by which the telescopic mechanism is configured to be fixedly connected to an insertion opening of an endoscope. Klein teaches lockable connectors (see paragraph 0317, 0322-0323: connector #420 can be part of a locking mechanism). Klein further teaches that endoscope can be connected and disconnected to biopsy device via interference locking mechanism on proximal side of a biopsy device (see paragraph 0300). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have added a connector to the telescopic mechanism to connect an endoscope because it would have resulted in the predictable result of resealable attach ment of an endoscope to a biopsy device (Klein: see [03 00 ]) to facilitate the collection of tissue samples for analysis and diagnosis of biological conditions and further as an endoscope provides direct visualization . With respect to claim 46 , all limitations of claim 34 apply in which Chu does not specifically disclose wherein the telescopic mechanism is at a proximal end thereof provided with a connector by which a connector of the drive wire is connected to the telescopic mechanism, wherein the connector of the telescopic mechanism and/or the connector of the drive wire is provided with a locking mechanism, wherein the locking mechanism allows the connectors to be interconnected solely by a relative motion towards each other along the central axis, but prevents the connectors from being disconnected by a relative motion away from each other until the locking mechanism has been released. Klein teaches lockable connectors (see paragraph 0317, 0322-0323: connector #420 can be part of a locking mechanism). Klein further teaches a drive wire (see paragraph 0230-0231: biopsy device #102 comprises a sleeve #118 that is connected to a handle #104 where sleeve #118 comprises an elongated flexible shaft #106 positioned inside and along an internal lumen of sleeve). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have added lockable connectors between a drive wire and a telescopic mechanism because it would have resulted in the predictable result of adjust ing a length of a wire according to and depending on the distance to a target tissue and further locking it at that position (Klein: see [0317]). With respect to claim 47 , all limitations of claim 34 apply in which Chu further discloses wherein the interior or outer surface of the sample acquiring portion is liquid tight (see col 4 lines 20-42: enclosed storage space #26b is liquid tight). With respect to claim 48 , all limitations of claim 34 apply in which Chu further discloses wherein the elongated hollow tube has, at a distal portion of the elongated hollow tube, a hollow elongated tubular sample acquiring portion having a smooth interior surface (see col 4 lines 20-42: distal end of cannula #18 has cannula edge #20 that creates an inner receptable member #22 which has a smooth surface as compared to cannula edge #20) . With respect to claim 49 , all limitations of claim 34 apply in which the combination of Chu and Klein further teaches wherein the distally facing circular cutting edge is shaped and the smooth interior surface connects to the cutting edge such that the smooth interior surface extends, as seen along the central geometrical axis, to a most distal part of the cutting edge (Chu: see Fig. 5: distal end of cannula #18 has cannula edge #20 with round tip #28 whereas inner receptacle member #22 which extends and connects to the cannula edge #20) . With respect to claim 50 , all limitations of claim 49 apply in which the combination of Chu and Klein further teaches wherein the smooth interior surface is smooth to such an extent that when a reference biopsy is to be acquired, the cutting edge and the distal end of the elongated hollow tube is configured to be advanced along the central geometrical axis into a tissue while being rotated by being motor driven at its proximal end at a rotational speed of at least 13,000 rpm and thereby cut a core of the tissue which, due to the advancement of the elongated hollow tube, enters relative to the elongated hollow tube through the mouth into the sample acquiring portion of the elongated hollow tube with a circumferential outer surface of the core at least partly abutting the smooth interior surface of the sample acquiring portion, whereafter the elongated hollow tube is retracted from the tissue while being rotated at a rotational speed of at least 13,000 rpm by being motor driven at its proximal end whereby the core of the tissue is detached from the tissue by a pulling force due to the retraction of the elongated hollow tube and due to an adhesive force formed at an interface between the smooth interior surface and the circumferential outer surface of the core which force keeps the core inside the sample acquiring portion having the smooth interior surface (Klein: see paragraph 0308: sampling portion #450 rotates clockwise of counterclockwise while axially advancing forward into a target tissue with a leading edge #455 by performing a circular cut; and see paragraph 0305: leading edge #433 is shaped and sized for cutting the target tissue where if it performs a circular cut than it is interpreted to be a circular cutting edge; and see paragraph 0242: rotation speed of 100-12000 RPM; and see paragraph 0256: any larger value of RPM can be utilized to rotate shaft which includes 13000 RPM) . With respect to claim 51 , all limitations of claim 49 apply in which Chu does not specifically disclose wherein the smooth inner surface is formed of a polymer-based material. Klein teaches using polymer as a material (see paragraph 0340: parts of sampling device are made using polymer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein because it would have resulted in the predictable result of manufacturing parts with polymer materials to have water resistance and durability (Klein: see [0340]). With respect to claim 52 , all limitations of claim 34 apply in which Chu does not specifically disclose wherein the biopsy instrument further comprises, an outer elongated hollow tubular member which extends from a proximal end to a distal end along a central geometrical axis, wherein the base member is arranged inside the outer elongated hollow tubular member and is independently rotationally and translationally movable relative to the outer elongated hollow tubular member, wherein the elongated hollow tube is capable of being advanced out of a distal end of the outer elongated hollow tubular member and to be retracted back into the outer elongated hollow tubular member by a movement of the proximal end of the base member along the central geometrical axis, while being rotated inside and relative to the outer elongated hollow tubular member about the central geometrical axis by the motor applying a rotation and a torque at the proximal end of the base member. Klein teaches a biopsy instrument (see paragraph 0230: biopsy device #102) with an outer an outer elongated hollow tubular member which extends from a proximal end to a distal end along a central geometrical axis (see paragraph 0230: elongated sleeve #118 that extends from proximal to distal end along an axis), wherein a base member is arranged inside the outer elongated hollow tubular member and is independently rotationally and translationally movable relative to the outer elongated hollow tubular member (see paragraph 0231: sleeve #118 comprises an elongated flexible shaft #106 positioned within its lumen and #106 moves axially withing sleeve to extend from the distal opening from the sleeve during tissue sampling), wherein the elongated hollow tube is capable of being advanced out of a distal end of the outer elongated hollow tubular member and to be retracted back into the outer elongated hollow tubular member by a movement of the proximal end of the base member along the central geometrical axis, while being rotated inside and relative to the outer elongated hollow tubular member about the central geometrical axis by the motor applying a rotation and a torque at the proximal end of the base member (intended use: elongated hollow tube is capable of being advanced and retracted while being rotated inside; Klein: see paragraph 0240-0243: the driving unit #110 which can be a motor connected to a proximal end of as shaft can be configured to rotate and axially advance a shaft by a transmission functionality connected to the shaft where the transmission is a fixed ratio transmission between rotation velocity and axially advancement velocity). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chu with the teachings of Klein to have an outer tube because it would have resulted in the predictable result of isolating a shaft from body tissues during advancement of the shaft to a desired anatomical target (Klein: see [0232]) and to reduce friction with the surrounding tissue during shaft movement. With respect to claim 53 , all limitations of claim 52 apply in which Klein further teaches wherein the motor is configured to provide a rotation of the elongated hollow tube ( Klein: see paragraph 0240-0243: the driving unit #110 which can be a motor is connected to a proximal end of a shaft and can be configured to rotate and axially advance a shaft ) , while the elongated hollow tube is advanced out of the distal end of the outer elongated hollow tubular member and is retracted back into the outer elongated hollow tubular member, inside and relative to the outer elongated hollow tubular member about the central geometrical axis (see paragraph 0231: sleeve #118 comprises an elongated flexible shaft #106 positioned within its lumen and #106 moves axially within sleeve to extend from the distal opening from the sleeve during tissue sampling) by applying rotation and torque to the proximal end of the base member ( Klein: see paragraph 0240-0243: the driving unit #110 which can be a motor is connected to a proximal end of a shaft and can be configured to rotate and axially advance a shaft by a transmission functionality connected to the shaft where the transmission is a fixed ratio transmission between rotation velocity and axially advancement velocity) , the base member being flexible (Klein: see paragraph 0231: elongated shaft #106 is flexible) and the outer elongated hollow tubular member being flexible (see paragraph 0230: elongated sleeve #118 that extends from proximal to distal end along an axis is elastic and bendable ) , at a rotational speed of at least 13,000 rpm (Klein: see paragraph 0242: rotation speed of 100-12000 RPM; and see paragraph 0256: any larger value of RPM can be utilized to rotate shaft which includes 13000 RPM) . With respect to claim 54 , all limitations of claim 34 apply in which Chu further discloses wherein the base member comprises an inner elongated hollow tubular member extending from the proximal end to the distal end of the base member (see Col 4 lines 20-42: cannula #18 has inner receptacle member #22 disposed within the lumen of the cannula #18 extending from proximal to distal end of cannula #18). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT NIDHI PATEL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2379 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mondays to Fridays 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, FILLIN "SPE Name?" \* MERGEFORMAT Jennifer Robertson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-5001 . 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. /N.N.P./ Examiner, Art Unit 3791 /MATTHEW KREMER/ Primary Examiner, Art Unit 3791