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.
Response to Arguments
Examiner acknowledges the receipt of the Applicant’s Amendment dated November 26, 2025. Applicant amended claim 1. Claims 1-12 are pending.
Applicant's arguments with respect to have been considered and are persuasive. Upon further search and consideration, the claims are rejected under 35 U.S.C. 103 as discussed below in view of the new grounds of rejection over Katballe et al. (U.S. Publication 2019/0282072) as necessitated by the amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaya (U.S. Publication 2019/0015172) and in further views of Carmel et al. (U.S. Publication 2006/0259031, hereinafter “Carmel”) and Katballe et al. (U.S. Publication 2019/0282072, hereinafter “Katballe”).
As to Claim 1, Yamaya discloses a tube assembly (11) in [0076] and Fig. 1 for a living organism, the tube assembly comprising:
a tube (21) in [0077] partially placeable into a living organism, the tube including a first end (distal), a second end (proximal), and a through-hole (36) in [0079] extending in a first direction from the second end to the first end as shown in Fig. 1; and
a first ferrule (82) in [0103] and Figs. 2-4 covering an outer periphery of the tube in the first direction,
wherein the tube includes a lens (38) and (41) in [0080] and Fig. 2 in a portion of the through-hole including at least the first end.
However Yamaya does not specifically disclose ceramic materials. Carmel teaches in the analogous field of endoscopy wherein a ceramic material is used in [0060]. It would have been obvious to one of ordinary skill in the art at the time of invention to provide the tube and ferrule of Yamaya with ceramic materials as taught by Carmel as a capable manufacturing option.
However Yamaya does not specifically disclose that the first ferrule is partially exposed. Katballe teaches in the analogous field of endoscopy wherein a collar (116) in [0116] and Fig. 1 is provided such that a defined stopping point to aid the correct insertion of an endoscope into a patient's body. It would have been obvious to one of ordinary skill in the art at the time of invention to provide the first ferrule of Yamaya to be connected to the living organism and at least partially exposed outside of the living organism when connected thereto as taught by Katballe to aid correct insertion into the living organism.
As to Claim 2, Yamaya discloses the tube assembly according to claim 1, wherein the first end protrudes from the first ferrule as shown in Figs. 2-4.
As to Claim 3, Yamaya discloses the tube assembly according to claim 1, wherein the tube has an outer diameter gradually smaller toward the first end as shown in Figs. 1-4.
As to Claim 4, Yamaya discloses the tube assembly according to claim 1, wherein the lens protrudes from the first end as shown in Fig. 2.
As to Claim 5, Yamaya discloses the tube assembly according to claim 1, further comprising:
a retainer (81) in [0097] and Figs. 3-4 extending from an outer periphery of the first ferrule and to be connected to the living organism.
As to Claim 6, Yamaya discloses the tube assembly according to claim 5, wherein
the first ferrule includes a recess (84) in [0099] and Figs. 3-4 being open on the outer periphery of the first ferrule, and
the retainer is located at the recess.
As to Claim 7, Yamaya discloses the tube assembly according to claim 5, wherein the retainer comprises a resin “resin material” in [0097].
As to Claim 8, Yamaya discloses the tube assembly according to claim 1, wherein the tube comprises a zirconia ceramic material in view of Carmel.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yamaya, Carmel, and Katballe in further views of Steger (U.S. Publication 20042019/0151037).
As to Claim 9, Yamaya discloses the tube assembly according to claim 1, however does not specifically disclose an imaging fiber. Steger teaches in the analogous field of endoscopy wherein an imaging fiber (526) and (718) in [0038]-[0039] is connectable to various portions of a tube assembly as shown in Figs. 7-9. It would have been obvious to one of ordinary skill in the art to provide the tube of Yamaya with an imaging fiber connectable to the lens as taught by Steger in order to fulfill the same function of image transmission through the tube with predictable results.
As to Claim 10, Yamaya discloses the tube assembly according to claim 9, however does not specifically disclose a second ferrule. Steger teaches a second ferrule (934) in [0040]-[0041] and Fig. 9 configured to fasten an outer periphery of the imaging fiber, the second ferrule comprising a ceramic material; and a sleeve (506, 702) in [0041] configured to fasten outer peripheries of the first ferrule and the second ferrule, the sleeve comprising a ceramic material. It would have been obvious to provide the tube of Yamaya in view of Steger with additional ferrules and sleeves as needed in order to provide connection means between imaging fibers.
As to Claim 11, Yamaya discloses the tube assembly according to claim 10, wherein Steger teaches that the sleeve is a split sleeve as shown in Fig. 9.
As to Claim 12, Yamaya discloses a measurement apparatus for a living organism, the measurement apparatus comprising:
the tube assembly according to claim 9; and
an imaging system (31, 32) in [0079]-[0080] and Figs. 1, 2, and 19 connectable to the imaging fiber.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM B CHOU whose telephone number is (571) 270-3367. The examiner can normally be reached on M-F 9 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached on (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOU/
Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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