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 .
This Office Action is responsive to the Amendment filed 11 December 2025. Claims 1-10 are currently under consideration. The Office acknowledges the amendments to claims 1, 4, 6, and 7, as well as the addition of new claims 8-10.
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 1-6 and 8-10 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 another side surface" in line 20. There is insufficient antecedent basis for this limitation in the claim. This has been taken herein to refer to the previously recited another surface side.
Claims 2-5 and 8-10 are rejected by virtue of their dependence upon claim 1.
Claim 6 recites the limitation "the another side surface" in line 22. There is insufficient antecedent basis for this limitation in the claim. This has been taken herein to refer to the previously recited another surface side.
Claim 10 recites the limitation "the longitudinal axis of the insertion portion" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (U.S. Pub. No. 2017/0086651 A1; hereinafter known as “Sato”).
Regarding claim 1, Sato discloses an endoscope operation portion (Abstract; Figs. 2, 6A, 9A) comprising: an operation portion body 1S comprising a grasping portion 2/3 including a distal end 15 connected to an elongated insertion portion 4 having a bending portion 4a that can be bent ([0040]; [0057]), the grasping portion having a longitudinal axis and being configured to be grasped by a palm of a hand of an operator ([0043]-[0044]); and a bending operation portion 7/8 provided at a proximal end of the grasping portion and rotatably provided with a bending operation lever 7 configured to bend the bending portion ([0050]; [0054]; i.e., if the bending portion is taken to be a distal end of the apparatus, then the bending operation portion is provided at a proximal end); a first finger placement portion 9 formed in the bending operation portion on one surface side of the operation portion body and having a first recessed shape, the first recessed shape being concave relative to the one surface side of the operation portion body and configured for placement of a first finger of the hand of the operator (Fig. 2; [0054]-[0055]); a second finger placement portion 10 formed in the grasping portion on the one surface side of the operation portion body and having a second recessed shape, different from the first recessed shape, the second recessed shape being concave relative to the one surface side of the operation portion body and configured for placement of a second finger of the hand of the operator ([0054]-[0055]); and a third finger placement portion 7b provided on the bending operation lever arranged on another surface side of the operation portion body, the another side surface being opposite to the one surface side relative to the longitudinal axis, the third finger placement portion being configured for placement of a third finger of the hand of the operator ([0050]-[0051]), wherein the first finger placement portion and the second finger placement portion are disposed at positions where at least a pressing force of the first finger placed on the first finger placement portion, a pressing force of the second finger placed on the second finger placement portion, and an operation force amount of the third finger placed on the third finger placement portion during operation of the bending operation lever are balanced ([0055]; [0068]; [0079]). It is submitted that the positions taught by Sato would function so as to allow the recited forces to be so-balanced. The forces themselves are not part of the claimed apparatus and could be applied in different amounts, depending on the operator or application. Further, the present invention teaches that the balanced forces allow the user to stably grasp the operation portion; such stable grasping is precisely what is taught by Sato.
Regarding claim 2, Sato discloses that the first finger placement portion is formed at a position farther to the one surface side than the second finger placement portion with respect to the longitudinal axis (Fig. 2).
Regarding claim 3, Sato discloses that the first finger placement portion includes a first end on a distal end side and a second end on a proximal end side, and with respect to the longitudinal axis, a position of the first end on the distal end side is formed at a position farther to the one surface side than a position of the second end on the proximal end side (Fig. 2).
Regarding claim 4, Sato discloses that the first finger placement portion includes the first recessed shape having a first curvature and having an arc-shape in a cross-sectional direction, and the second finger placement portion includes the second recessed shape having a second curvature larger than the first curvature and having an arc-shape in a cross- sectional direction (Fig. 2).
Regarding claim 5, Sato discloses that the first finger of the operator is an index finger, the second finger is a middle finger, and the third finger is a thumb ([0051]; [0055]).
Regarding claim 6, Sato discloses an endoscope 1 comprising an endoscope operation portion (Abstract; Figs. 2, 6A, 9A), the endoscope operation portion including: an operation portion body 1S comprising a grasping portion 2/3 including a distal end 15 connected to an elongated insertion portion 4 having a bending portion 4a that can be bent ([0040]; [0057]), the grasping portion having a longitudinal axis and being configured to be grasped by a palm of a hand of an operator ([0043]-[0044]); and a bending operation portion 7/8 provided at a proximal end of the grasping portion and rotatably provided with a bending operation lever 7 configured to bend the bending portion ([0050]; [0054]; i.e., if the bending portion is taken to be a distal end of the apparatus, then the bending operation portion is provided at a proximal end); a first finger placement portion 9 formed in the bending operation portion on one surface side of the operation portion body and having a first recessed shape, the first recessed shape being concave relative to the one surface side of the operation portion body and configured for placement of a first finger of the hand of the operator (Fig. 2; [0054]-[0055]); a second finger placement portion 10 formed in the grasping portion on the one surface side of the operation portion body and having a second recessed shape, different from the first recessed shape, the second recessed shape being concave relative to the one surface side of the operation portion body and configured for placement of a second finger of the hand of the operator ([0054]-[0055]); and a third finger placement portion 7b provided on the bending operation lever arranged on another surface side of the operation portion body, the another side surface being opposite to the one surface side relative to the longitudinal axis, the third finger placement portion being configured for placement of a third finger of the hand of the operator ([0050]-[0051]), wherein the first finger placement portion and the second finger placement portion are disposed at positions where at least a pressing force of the first finger placed on the first finger placement portion, a pressing force of the second finger placed on the second finger placement portion, and an operation force amount of the third finger placed on the third finger placement portion during operation of the bending operation lever are balanced ([0055]; [0068]; [0079]). It is submitted that the positions taught by Sato would function so as to allow the recited forces to be so-balanced. The forces themselves are not part of the claimed apparatus and could be applied in different amounts, depending on the operator or application. Further, the present invention teaches that the balanced forces allow the user to stably grasp the operation portion; such stable grasping is precisely what is taught by Sato.
Regarding claim 7, Sato discloses an endoscope 1 (Abstract; Figs. 2, 6A, 9A) comprising: a bending portion 4a ([0040]); an operation portion having a longitudinal axis and being configured to be grasped by a hand of an operator to operate the bending portion, the operation portion comprising an operation portion body 1S ([0043]-[0044]) comprising: a bending operation lever 7 provided on a proximal end side of the operation portion body and configured to bend the bending portion, wherein the bending operation lever is freely movable in back and forth directions corresponding to bending the bending portion in a first direction and in an opposite second direction ([0041]; [0044]; [0050]-[0051]; [0078]); a first finger placement portion 9 having a recessed shape provided on an outer surface side opposite to a surface side provided with the bending operation lever of the operation portion body and the first recessed shape formed with a first surface facing a distal end side, the first surface being concave relative to the outer surface side of the operation portion body and configured for placement of a first finger of the hand of the operator ([0054]-[0055]); and a second finger placement portion 10 having a second recessed shape, different from the first recessed shape, and provided on a distal end side with respect to the first finger placement portion and formed with a second surface facing a proximal end side configured for placement of a second finger of the hand of the operator, the second surface being concave relative to the outer surface side of the operation portion body ([0054]-[0055]); wherein a third finger placement portion 7b is provided on the bending operation lever for placement of a third finger of the hand of the operator ([0050]-[0051]), and the first finger placement portion and the second finger placement portion are disposed at positions where at least a pressing force of the first finger placed on the first finger placement portion, a pressing force of the second finger placed on the second finger placement portion, and an operation force amount of the third finger placed on the third finger placement portion during operation of the bending operation lever are balanced ([0055]; [0068]; [0079]). It is submitted that the positions taught by Sato would function so as to allow the recited forces to be so-balanced. The forces themselves are not part of the claimed apparatus and could be applied in different amounts, depending on the operator or application. Further, the present invention teaches that the balanced forces allow the user to stably grasp the operation portion; such stable grasping is precisely what is taught by Sato.
Regarding claim 8, Sato discloses that the bending operation portion is provided at a proximal end of the operation proximal body (Fig. 2; i.e., if the bending portion is taken to be a distal end of the apparatus, then the bending operation portion is provided at a proximal end).
Regarding claim 9, Sato discloses that the grasping portion is provided distally relative to the bending operation lever (Fig. 2; i.e., components 2 and 15 are distal relative to the lever).
Regarding claim 10, Sato discloses that the longitudinal axis of the grasping portion is coincident with the longitudinal axis of the insertion portion (Fig. 2; [0044]; the grasping portion may have first and second longitudinal axes and the first longitudinal axis is coincident with the longitudinal axis of the insertion portion).
Response to Arguments
Applicant’s arguments with respect to the objection to claim 7 have been fully considered and are persuasive in light of the amendments. The objection has been withdrawn.
Applicant’s arguments with respect to the rejections of claims 1-7 under 35 U.S.C. 112 have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant's arguments with respect to the rejections under 35 U.S.C. 102 have been fully considered but they are not persuasive. Applicant argues that the finger putting space 9 taught by Sato is defined by a projection 8, along with a flat surface 9F, and so does not teaches a recessed shape being concave relative to one surface side of the operation portion body. The examiner disagrees. Sato teaches finger putting spaces 9 and 10, which are on one side of the operation portion body, along with an operation portion 7b of the bending operation lever 7, which is on the opposite side of the operation portion body, relative to either longitudinal axis. In other words, the first and second finger placement portions are on the bottom side of the operation portion body (relative to the first longitudinal axis) or the left side (relative to the second longitudinal axis), and the third finger placement portion is on the top side or the right side. Further, the finger putting spaces are clearly concave, at least to some extent, relative to the bottom/left side. The examiner notes that the present invention also includes a similar projection between the first and second finger placement portions. Applicant also argues that Sato merely teaches stabilized gripping, which only enables a greater gripping force, rather than the recited balancing of forces. As detailed supra and in the previous Office action, the positions taught by Sato are taken to function so as to allow the recited forces to be so-balanced. In other words, the apparatus of Sato is capable of being used in the recited manner to achieve the intended use. Again, the present invention teaches that the balanced forces allow the user to stably grasp the apparatus without shaking when a large force amount may be required. Sato’s allowing of a greater gripping force for stabilizing provides the same effect.
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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791