DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/15/2026 has been entered.
As indicated by the amendment submitted by the request for continued examination: claims 1 and 5 have been amended and new claims 11-12 has been added. Claims 1-12 are presently pending in the application.
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.
Claim(s) 1-4 and 11 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujitani et al. (US 2015/0112139 A1) in view of Imai (US 2017/0209025 A1) in view of Golden (US 2009/0287188 A1).
Regarding claim 1, Fujitani discloses an endoscope (1; Fig. 1) comprising: an insertion part (2; par. [0019]; Fig. 1) that is inserted into a subject; an operation part (3; par. [0019]; Fig. 1) consecutively provided at a proximal end portion of the insertion part (2; Fig. 1); a bendable portion (6; par. [0020]; Fig. 1) provided at a distal end portion of the insertion part (2) so as to be bendable; an insertion part-side operation member (30; par. [0021]; Fig. 1) provided at the proximal end portion of the insertion part (2); and an operation part-side operation member (20; par. [0021]; Fig. 1) provided at a distal end portion of the operation part (3), wherein the insertion part-side operation member (30) is connected to the operation part-side operation member (20; via 3H/65/3R; Fig. 2; par. [0028], [0041], [0053]) so as to be rotationally movable (par. [0023]), the insertion part-side operation member (30) is rotationally moved with respect to the operation part-side operation (20) member so that the insertion part is rotationally movable around a rotational movement axis parallel to an insertion direction with respect to the operation part (par. [0058]), the operation part-side operation member (20) has an operation part-side protruding portion (21; par. [0023]; Figs. 1 and 2), the insertion part-side operation member (30) has an insertion part-side protruding portion (31; par. [0023]; Figs. 1 and 2) and a first finger rest protruding portion (see A of inserted Figure 4) provided at least at a position on a side opposite to the insertion part-side protruding portion with the rotational movement axis as a center, the insertion part-side protruding portion (31) and the operation part-side protruding portion (21) serve as indicators indicating a rotational movement position of the insertion part with respect to the operation part (par. [0023] and [0058]-[0061]), and a length of the first finger rest protruding portion (see A of inserted Figure 4) is equal to an axial length of the insertion part-side operation member (30; Figs. 1 and 2); wherein a first protrusion amount (see B of inserted Figure 4) in which the first finger rest protruding portion (see A of inserted Figure 4) protrudes from an outer peripheral surface of the insertion part-side operation member (see C of inserted Figure 4) in a radial direction passing through the first finger rest protruding portion is smaller than a second protrusion amount (see D of inserted Figure 4) in which the insertion part-side protruding portion protrudes (31) from the outer peripheral surface of the insertion part-side operation member (see C of inserted Figure 4) in the radial direction passing through the insertion part-side protruding portion.
However, Fujitani does not specifically disclose that a length of the first finger rest protruding portion is greater than a length of the insertion part-side protruding portion, in an axial direction along the rotational movement axis. Imai teaches an endoscope having a finger rest protruding portion (17; Figs. 2, 4 and 5) provided at a proximal end of the insertion part (2; Fig. 1). Imai teaches that an operator can place his/her fingers in the finger rest protruding portion (17) having a long shape along the longitudinal axis of the insertion portion (par. [0046]-[0047]; Fig. 5) while holding the endoscope to operate angle levers (14/15; par. [0021]; Fig. 2). Imai also teaches that the use of the finger rest protruding portion reduces the degree of fatigue on the fingers/hand of the operator during long-time surgery (par. [0036]). It would have been obvious to one having ordinary skill in the art to make the first finger rest protruding portion of Fujitani long, as taught by Imai, thereby providing a larger/longer finger rest that aids in reducing the fatigue on the fingers/hand during a long surgery, as taught by Imai. Incorporation of such finger rest protruding portion provides a configuration wherein a length of the finger rest portion (Imai: see length of 17; Fig. 5) is greater than the length of the insert part-side protruding portion, in an axial direction along the rotational movement axis.
Although Fujitani discloses several finger rest protruding portions (see Fig. 4), it does not specifically disclose wherein a third finger rest protruding portion is disposed at a position on a side directly opposite to the insertion part-side protruding portion along the rotational movement axis, and when the insertion part-side operation member and the insertion part are located at a neutral position, a center line of the insertion part-side protruding portion orthogonal to the rotational movement axis passes through centers of the third finger rest protruding portion and the insertion part-side protruding portion. Rotatable control members of endoscopes are known in the art to have various configurations, including varying numbers and arrangement of finger rest protruding portions. Golden, for example, teaches an endoscope having control members with different configurations (see 62 and 64; Figs. 1 and 5). It would have been obvious to one having ordinary skill in the art to provide a symmetrical insertion part-side operation member, as is generally known in the art and evidenced by Golden, as a simple substitution of one known control member configuration for another, having the predictable result of providing finger rests for the operator while operating the instrument. Such modification of the arrangement of the insertion part-side operation member of Fujitani to make them symmetrical, provides a configuration wherein the third finger rest portion is directly opposite the insertion-part side protruding portion along the rotational movement axis, and when the insertion part-side operation member and the insertion part are located at a neutral position, a center line of the insertion part-side protruding portion orthogonal to the rotational movement axis passes through centers of the third finger rest protruding portion and the insertion part-side protruding portion.
Regarding claim 2, Fujitani in view of Imai in view of Golden disclose the endoscope according to claim 1, wherein a second finger rest protruding portion and a third finger rest protruding portion (see E and F of inserted Figure 4) are provided on the insertion part-side operation member (30), and are provided at positions symmetrical to each other with respect to the center line (31L; Fig. 4) of the insertion part-side protruding portion (31) orthogonal to the rotational movement axis.
Regarding claim 3, Fujitani in view of Imai in view of Golden disclose the endoscope according to claim 1, wherein the first finger rest protruding portion, a second finger rest protruding portion, and the third finger rest protruding portion (see A and E of inserted Figure 4) are provided on the insertion part-side operation member (30), and the insertion part-side protruding portion (31), the first finger rest protruding portion, a second finger rest protruding portion, and the third finger rest protruding portion are disposed in an X shape centered on the rotational movement axis (Fig. 4).
Regarding claim 4, Fujitani in view of Imai in view of Golden disclose the endoscope according to claim 1, but does not specifically disclose wherein the insertion part-side protruding portion and the operation part-side protruding portion have triangular cross-sections protruding from outer peripheral surfaces of the insertion part-side operation member and the operation part-side operation member, respectively. At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to make the cross-sections of the insertion part-side protruding portion and the operation part-side protruding portion triangular because Applicant has not disclosed that the triangular cross-section provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected modified Fujitani’s endoscope, and applicant’s invention, to perform equally well with either the cross-sectional shape taught by Fujitani or the claimed triangular cross-section because both cross-sectional shapes of the protruding portions would perform the same function of gripping the protruding portion for rotational movement.
Regarding claim 11, Fujitani in view of Imai in view of Golden disclose the endoscope accordingly to claim 1, wherein the axial length of the insertion part-side member (30) is greater than an axial length of the operation part-side member (20) I n the axial direction along the rotational movement axis (see Figs. 1 and 2, the axial length of 30 is greater than that of 20).
Claim(s) 5-10 and 12 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujitani et al. (US 2015/0112139 A1) in view of Imai (US 2017/0209025 A1) in view of Tegg et al. (US 2011/0264074 A1) in view of Golden (US 2009/0287188 A1).
Regarding claim 5, Fujitani discloses an endoscope (1; Fig. 1) comprising: an insertion part (2; par. [0019]; Fig. 1) that is inserted into a subject; an operation part (3; par. [0019]; Fig. 1) consecutively provided at a proximal end portion of the insertion part (2; Fig. 1); a bendable portion (6; par. [0020]; Fig. 1) provided at a distal end portion of the insertion part (2) so as to be bendable; an insertion part-side operation member (30; par. [0021]; Fig. 1) provided at the proximal end portion of the insertion part (2); and an operation part-side operation member (20; par. [0021]; Fig. 1) provided at a distal end portion of the operation part (3), wherein the insertion part-side operation member (30) is connected to the operation part-side operation member (20; via 3H/65/3R; Fig. 2; par. [0028], [0041], [0053]) so as to be rotationally movable (par. [0023]), the insertion part-side operation member (30) is rotationally moved with respect to the operation part-side operation (20) member so that the insertion part is rotationally movable around a rotational movement axis parallel to an insertion direction with respect to the operation part (par. [0058]), the operation part-side operation member (20) has an operation part-side protruding portion (21; par. [0023]; Figs. 1 and 2), the insertion part-side operation member (30) has an insertion part-side protruding portion (31; par. [0023]; Figs. 1 and 2) and a first finger rest protruding portion (see A of inserted Figure 4) provided at least at a position on a side opposite to the insertion part-side protruding portion with the rotational movement axis as a center, the insertion part-side protruding portion (31) and the operation part-side protruding portion (21) serve as indicators indicating a rotational movement position of the insertion part with respect to the operation part (par. [0023] and [0058]-[0061]), and the insertion part-side protruding portion (31) and the operation part-side protruding portion (21) have end surfaces facing each (Fig. 2) other in a case where the insertion part-side protruding portion and the operation part-side protruding portion are connected to each other, and a length of the first finger rest protruding portion (see A of inserted Figure 4) is equal to an axial length of the insertion part-side operation member (30; Figs. 1 and 2); wherein a first protrusion amount (see B of inserted Figure 4) in which the first finger rest protruding portion (see A of inserted Figure 4) protrudes from an outer peripheral surface of the insertion part-side operation member (see C of inserted Figure 4) in a radial direction passing through the first finger rest protruding portion is smaller than a second protrusion amount (see D of inserted Figure 4) in which the insertion part-side protruding portion protrudes (31) from the outer peripheral surface of the insertion part-side operation member (see C of inserted Figure 4) in the radial direction passing through the insertion part-side protruding portion.
However, Fujitani does not specifically disclose that a length of the first finger rest protruding portion is greater than a length of the insertion part-side protruding portion, in an axial direction along the rotational movement axis. Imai teaches an endoscope having a finger rest protruding portion (17; Figs. 2, 4 and 5) provided at a proximal end of the insertion part (2; Fig. 1). Imai teaches that an operator can place his/her fingers in the finger rest protruding portion (17) having a long shape along the longitudinal axis of the insertion portion (par. [0046]-[0047]; Fig. 5) while holding the endoscope to operate angle levers (14/15; par. [0021]; Fig. 2). Imai also teaches that the use of the finger rest protruding portion reduces the degree of fatigue on the fingers/hand of the operator during long-time surgery (par. [0036]). It would have been obvious to one having ordinary skill in the art to make the first finger rest protruding portion of Fujitani long, as taught by Imai, thereby providing a larger/longer finger rest that aids in reducing the fatigue on the fingers/hand during a long surgery, as taught by Imai. Incorporation of such finger rest protruding portion provides a configuration wherein a length of the finger rest portion (Imai: see length of 17; Fig. 5) is greater than the length of the insert part-side protruding portion, in an axial direction along the rotational movement axis.
However, Fujitani does not specifically disclose contour lines of the end surfaces of the insertion part-side protruding portion and the operation part-side protruding portion coincide with each other in a case where the end surfaces face each other. Tegg teaches an analogous device wherein contour lines of end surfaces of an insertion part-side protruding portion (Fig. 1 – protruding portions on 10) of an insertion part-side operation member (10) and an operation part-side protruding portion (Fig. 1 – protruding portions of 12) coincide with each other in a case where the end surface face each other (Fig. 1). It would have been obvious to one having ordinary skill in the art to make the end faces of the protruding portions have contour lines that coincide with each other, as taught by Tegg, such that the operator can quickly discern the neutral rotational state of the insertion portion due to their alignment.
Although Fujitani discloses several finger rest protruding portions (see Fig. 4), it does not specifically disclose wherein a third finger rest protruding portion is disposed at a position on a side directly opposite to the insertion part-side protruding portion along the rotational movement axis, and when the insertion part-side operation member and the insertion part are located at a neutral position, a center line of the insertion part-side protruding portion orthogonal to the rotational movement axis passes through centers of the third finger rest protruding portion and the insertion part-side protruding portion. Rotatable control members of endoscopes are known in the art to have various configurations, including varying numbers and arrangement of finger rest protruding portions. Golden, for example, teaches an endoscope having control members with different configurations (see 62 and 64; Figs. 1 and 5). It would have been obvious to one having ordinary skill in the art to provide a symmetrical insertion part-side operation member, as is generally known in the art and evidenced by Golden, as a simple substitution of one known control member configuration for another, having the predictable result of providing finger rests for the operator while operating the instrument. Such modification of the arrangement of the insertion part-side operation member of Fujitani to make them symmetrical, provides a configuration wherein the third finger rest portion is directly opposite the insertion-part side protruding portion along the rotational movement axis, and when the insertion part-side operation member and the insertion part are located at a neutral position, a center line of the insertion part-side protruding portion orthogonal to the rotational movement axis passes through centers of the third finger rest protruding portion and the insertion part-side protruding portion.
Regarding claim 6, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope according to claim 5, wherein an outer peripheral surface constituting the insertion part-side protruding portion (Tegg: Fig. 1 – protruding portion of 10) and an outer peripheral surface constituting the operation part-side protruding portion (Tegg: Fig. 1 – protruding portion of 12) constitute a curved surface, in a case where the end surfaces of the insertion part-side protruding portion and the operation part-side protruding portion face each other and the contour lines coincide with each other (Tegg; Fig. 1).
Regarding claim 7, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope according to claim 5, wherein the operation part (3) is provided with a bending operation lever (8; Fig. 1; par. [0021]-[0020]) that is operated to move rotationally, and the insertion part (2) is located at the neutral position in which a plane including a rotational movement direction of the bending operation lever (8) and a plane including a bending direction of the bendable portion (6) are the same as or parallel to each other, in a case where the end surfaces of the operation part-side protruding portion and the insertion part-side protruding portion face each other and the contour lines coincide with each other (Tegg; Fig. 1).
Regarding claim 8, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope according to claim 5, wherein a second finger rest protruding portion and the third finger rest protruding portion (see E and F of inserted Figure 4) are provided on the insertion part-side operation member (30), and are provided at positions symmetrical to each other with respect to the center line (31L; Fig. 4) of the insertion part-side protruding portion (31) orthogonal to the rotational movement axis.
Regarding claim 9, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope according to claim 5, wherein the first finger rest protruding portion, a second finger rest protruding portion, and the third finger rest protruding portion (see A and E of inserted Figure 4) are provided on the insertion part-side operation member (30), and the insertion part-side protruding portion (30), the first finger rest protruding portion, a second finger rest protruding portion, and a third finger rest protruding portion are disposed in an X shape centered on the rotational movement axis (Fig. 4).
Regarding claim 10, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope according to claim 5, but does not specifically disclose wherein the insertion part-side protruding portion and the operation part-side protruding portion have triangular cross-sections protruding from outer peripheral surfaces of the insertion part-side operation member and the operation part-side operation member, respectively. At the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to make the cross-sections of the insertion part-side protruding portion and the operation part-side protruding portion triangular because Applicant has not disclosed that the triangular cross-section provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected modified Fujitani’s endoscope, and applicant’s invention, to perform equally well with either the cross-sectional shape taught by Fujitani or the claimed triangular cross-section because both cross-sectional shapes of the protruding portions would perform the same function of gripping the protruding portion for rotational movement.
Regarding claim 12, Fujitani in view of Imai in view of Tegg in view of Golden disclose the endoscope accordingly to claim 5, wherein the axial length of the insertion part-side member (30) is greater than an axial length of the operation part-side member (20) I n the axial direction along the rotational movement axis (see Figs. 1 and 2, the axial length of 30 is greater than that of 20).
Inserted Figure 4 of Fujitani
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Response to Arguments
Applicant's arguments filed 05/15/2026 have been fully considered but they are not persuasive. Applicant contends that secondary reference Imai fails “to explicitly and specifically teach or suggest the feature of a length of the first finger rest protruding portion is equal to an axial length of the insertion part-side operation member and greater than a length of the insertion part-side protruding portion” as now recited in amended independent claims 1 and 5 (see Remarks filed 05/15/2026 at page 12). The Examiner respectfully disagrees. As discussed above, primary reference Fujitani teaches a length of the first finger rest protruding portion (see A of inserted Figure 4) is equal to an axial length of the insertion part-side operation member (30; see Figs. 1 and 2). As is clear from the disclosure and figures of Fujitani the components of the insertion part-side operation member (30), the first finger rest protruding portion and the insertion part-side protruding portion (31), have the same axial length. Fujitani is modified by Imai to increase the axial length of the first finger protruding portion to provide a larger/longer finger rest that aids in reducing the fatigue on the fingers/hand during a long surgery, as taught by Imai. Incorporation of such longer finger rest protruding portion provides a configuration wherein a length of the finger rest portion (Imai: see length of 17; Fig. 5) is greater than the length of the insert part-side protruding portion, in an axial direction along the rotational movement axis. Increasing the axial length of the first finger rest protruding portion increases the axial length of the insertion part-side operation member (30) as it is a component of the insertion part-side operation member. Thus, contrary to that contended by Applicant, Fujitani in view of Imai discloses a configuration wherein a length of the first finger rest protruding portion is equal to an axial length of the insertion part-side operation member and greater than a length of the insertion part-side protruding portion, in an axial direction along the rotational movement axis. Accordingly, the rejection is maintained. The Examiner recommends amending the claims to further clarify the structure of the endoscope.
Conclusion
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
6/25/26
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