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 .
Response to Amendment
The amendment filed on 9/11/2025 has been entered. Claims 1, 3-4, and 8-23 remain pending in the application. Claims 8, 12-15, and 19-20 remain withdrawn as being drawn to a nonelected group or species. Applicant’s amendments to the Drawings and Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 6/13/2025.
Response to Arguments
Applicant’s arguments, see page 2, filed 9/11/2025, with respect to the objection to Figs. 1-2 of the Drawings, have been fully considered and are persuasive. The objection of the Drawings has been withdrawn.
Applicant’s arguments, see pages 2-4, filed 9/11/2025, with respect to the rejection under 35 USC § 102 of Claim 1, have been fully considered and are persuasive in light of Applicant’s amendments. Applicant amended the independent claim with newly added limitations. Such newly added limitations change the scope of the claims, render the previous 102 rejections identified in the non-final dated 6/13/2025 moot, and require a new ground of rejection.
Therefore, the 102 rejections previously identified in the non-final action dated 6/13/2025 have been withdrawn.
However, upon further search and consideration, a new ground of rejection is made. Please see section 35 USC § 103 below for further explanation.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the specification to include the following is required: “a first circumferential portion of the liquid feeding channel” and “a second circumferential portion of the liquid feeding channel” as described in claims 22-23.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, lines 23-24, “an opening of the at least one of the first liquid feeding port portion” should read “an opening of at least one of the first liquid feeding port portion.” This suggested modification would eliminate potential scope clarity issues regarding antecedent basis.
Appropriate correction is required.
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, 8-19, and 21-23 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 distal end surface of the distal end portion of the insertion portion" in line 20. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the distal end surface of the distal end portion of the insertion portion" is being interpreted as "a distal end surface of the distal end portion of the insertion portion.”
Claim 1 recites the limitation "the second liquid feeing port" in line 24. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the second liquid feeing port" is being interpreted as " the second liquid feeing port portion.”
Claim 8 recites the limitation "the deflector" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the deflector" is being interpreted as "a deflector.”
Claim 8 recites the limitation "the surface of the deflector" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the surface of the deflector" is being interpreted as "a surface of the deflector.”
Claims 3-4, 9-19, and 21-23 are rejected as being dependent upon claims previously rejected under 35 USC § 112(b).
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.
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.
Claims 1, 3-4, 9-11, 16-18, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Publ. No. 2016/0309994 A1 to Kuwae et al. (“Kuwae”) in view of U.S. Patent Appl. Publ. No. 2020/0000320 A1 to Tajima et al. (“Tajima”).
Regarding claim 1, Kuwae discloses an endoscope (endoscope 1; Fig. 1, paragraph 0040), comprising:
an insertion portion insertable into an inside of a subject (an insertion section 2 that is to be inserted into a patient’s body; Fig. 1, paragraph 0040);
an observation window provided in a distal end portion of the insertion portion (the distal end face 20 includes an observation window 22; Fig. 2, paragraph 0043);
a liquid feeding channel extending through the distal end portion of the insertion portion (an edge of an air-supply/water-supply channel 46 connected to the fluid ejection nozzle 28; Fig. 3, paragraph 0055); and
at least one liquid feeding port (the fluid ejection nozzle 28… is formed in an L-shape from a proximal end part 28A connected to the edge of the air-supply/water-supply channel 46 to the distal end part 28B provided with the injection port 29; Fig. 4, paragraph 0062),
wherein the at least one liquid feeding port includes a first liquid feeding port portion (outer periphery of injection port 29; Fig. 4) and a second liquid feeding port portion (middle of injection port 29; Fig. 4),
wherein, in operation, a liquid is configured to exit the first liquid feeding port portion and the second liquid feeding port portion (the fluid injection nozzle 28 is provided with an injection port 29 that is an aperture for injecting fluid; Fig. 4, paragraph 0048) and includes:
a first liquid portion that exits the first liquid feeding port portion and is directed in a first direction away from the observation window (a second fluid route 90 through which the fluid deviated from the fluid guiding part 86 in the fluid injection nozzle 28 is at least guided to a region adjacent to the observation window 22; Fig. 4, paragraph 0074), and
a second liquid portion that exits the second liquid feeding port portion and is directed in a second direction toward the observation window (a first fluid route 88 through which the part of fluid guiding part 86 is guided to the observation window 22; Fig. 4, paragraph 0074),
wherein at least one of the first liquid feeding port portion and the second liquid feeding port portion includes a protrusion projecting from the distal end surface of the distal end portion of the insertion portion (fluid ejection nozzle 28; Fig. 5A, paragraph 0108).
However, Kuwae does not explicitly disclose wherein an internal surface of the protrusion and the distal end surface of the distal end portion of the insertion portion form an opening of at least one of the first liquid feeding port portion and the second liquid feeding port.
Tajima teaches wherein an internal surface of the protrusion (internal surface of water supply nozzle 54: Fig. 3 and 8) and the distal end surface of the distal end portion of the insertion portion form an opening of the liquid feeding port (outlet 67; Fig. 8, paragraph 0026). Tajima teaches that the nozzle shape with an opening formed of the internal surface of the protrusion and the distal end surface of the insertion portion helps to increase the momentum of water flow ejected from the nozzle (paragraph 0038-0040).
Tajima is considered to be analogous to the claimed invention because it is in the same field of water supply nozzles at a distal end of an insertion part of an endoscope. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the water supply nozzle of Kuwae to incorporate the teachings of Tajima by changing the shape of the nozzle to have an opening formed of an internal surface of the protrusion and the distal end surface of insertion portion. Doing so would help to increase the momentum of water flow ejected from the nozzle, as recognized by Tajima.
Regarding claim 3, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses wherein each of the first liquid feeding port portion and the second liquid feeding port portion is provided on a distal end side of the liquid feeding channel (the fluid ejection nozzle 28… is formed in an L-shape from a proximal end part 28A connected to the edge of the air-supply/water-supply channel 46 to the distal end part 28B provided with the injection port 29; Fig. 3, paragraph 0062).
Regarding claim 4, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses wherein the first liquid portion is configured to perfuse the inside of the subject (the width of the fluid guiding part 86 can be adjusted so that fluid flows to the second fluid route 90 at an appropriate flow rate; Fig. 7, paragraph 0086) and the second liquid portion is configured to remove a substance adhering to the observation window (fluid injection nozzle 28 injects cleaning liquid to remove accretions, such as blood and body fluid, adhering to the observation window; Fig. 4, paragraph 0051).
While Kuwae does not explicitly teach wherein the first liquid portion perfuses the inside of the subject, the first liquid portion has been established to flow in the inside of the subject and it is said that the flow of the first liquid portion can be changed to obtain an appropriate flow.
Regarding claim 9, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses wherein the liquid feeding channel includes the opening formed in the distal end surface of the distal end portion of the insertion portion (an edge of an air-supply/water-supply channel 46 connected to the fluid ejection nozzle 28; Fig. 3, paragraph 0055).
Regarding claim 10, Kuwae, as previously modified by Tajima, discloses the endoscope according to claims 1 and 9. Kuwae further discloses wherein a first surface of the protrusion extends axially from the distal end surface (fluid ejection nozzle 28; Fig. 5A, paragraph 0108), and a second surface of the protrusion extends from the first surface of the protrusion across a center axis of the opening of the liquid feeding channel (first and second surfaces of nozzle as seen in annotated Fig. 5A below; Fig. 5A), and wherein the at least one liquid feeding port is formed in the first surface of protrusion (injection port 29 of the fluid injection nozzle 28; Fig. 5A, paragraph 0108).
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Regarding claim 11, Kuwae, as previously modified by Tajima, discloses the endoscope according to claims 1 and 9-10. Kuwae further discloses wherein a distance in an axial direction of the insertion portion from the distal end surface of the distal end portion of the insertion portion to the second surface of the protrusion is a first distance (first distance as seen in annotated Fig. 5A below; Fig. 5A),
wherein a distance in the axial direction of the insertion portion from the distal end surface to a distal end surface of the observation window is a second distance (second distance as seen in annotated Fig. 5A below; Fig. 5A), and
wherein the first distance is greater than the second distance (Fig. 5A … is a simplified diagram that shows a position relation in the longitudinal axial direction among the injection port 29 of the fluid injection nozzle 28, the third guide face 84S, the fluid guiding part 86, the first guide face 88S, the surface 52S of the adhesive 52, and the surface 22S of the observation window 22; Fig. 5A, paragraph 0107-0108).
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Regarding claim 16, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses comprising a treatment instrument channel extending through the insertion portion, the treatment instrument channel including a treatment instrument opening in the distal end portion of the insertion portion (the treatment tool exit port 26 communicates with a treatment tool entry port 12 of the operation section 3 through a treatment tool insertion channel passing through inside the insertion section; Fig. 2, paragraph 0046),
wherein the treatment instrument channel is configured to slidably contain a probe configured to shatter a stone (through the treatment tool exit port 26, a treatment tool inserted from the treatment tool entry port 12 is guided out; Fig. 2, paragraph 0046).
The treatment tool type is not positively recited. It can be assumed that a person of ordinary skill in the art could insert a probe, a commonly known treatment tool used with endoscopes, into the treatment instrument channel.
Regarding claim 17, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses comprising a suction channel inserted through the insertion portion (the treatment tool insertion channel is coupled to a suction channel; Fig. 2, paragraph 0047),
wherein the suction channel is configured to suction up the liquid and stone from inside of the subject (the treatment tool insertion channel is coupled to a suction channel, and a suction button 11 of the operation section 3 is operated to perform suction through the treatment exit port 26; Fig. 2, paragraph 0047), and
wherein, in operation, the at least one liquid feeding port is configured to deliver the liquid to the inside of the subject (the fluid injection nozzle 28 is provided with an injection port 29 that is an aperture for injecting fluid; Fig. 4, paragraph 0048) and to perfuse the inside of the subject (the width of the fluid guiding part 86 can be adjusted so that fluid flows to the second fluid route 90 at an appropriate flow rate; Fig. 7, paragraph 0086).
While Kuwae does not explicitly teach wherein the liquid perfuses the inside of the subject, the liquid has been established to flow in the inside of the subject and it is said that the flow of the liquid can be changed to obtain an appropriate flow.
Regarding claim 18, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses an endoscope system, comprising:
the endoscope according to claim 1 (see rejection of claim 1 above); and
a liquid feeding/suction apparatus operably connected to the endoscope (the fluid injection nozzle 28 communicates with an air-supply/water-supply channel passing through the inside of the endoscope 1, and is connected to an air-supply/water-supply device (not shown), to which the universal cord 4 is connected, through the air-supply/water-supply channel; Fig. 1, paragraph 0049),
wherein the endoscope further includes a suction channel (the treatment tool insertion channel is coupled to a suction channel; Fig. 2, paragraph 0047), and
wherein the liquid feeding/suction apparatus includes a liquid feeding pump configured to feed the liquid to the at least one liquid feeding port (the fluid injection nozzle 28 communicates with an air-supply/water-supply channel passing through the inside of the endoscope 1, and is connected to an air-supply/water-supply device (not shown), to which the universal cord 4 is connected, through the air-supply/water-supply channel; Fig. 1, paragraph 0049) and a suction pump configured to suction up the liquid via the suction channel (the treatment tool insertion channel is coupled to a suction channel, and a suction button 11 of the operation section 3 is operated to perform suction through the treatment exit port 26; Fig. 2, paragraph 0047).
Regarding claim 21, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses wherein the liquid feeding channel is formed in the distal end portion of the insertion portion (Fig. 3 shows, as components held in the distal end body 40, … an edge of an air-supply/water-supply channel 46 connected to the fluid injection nozzle 28; Fig. 3, paragraph 0055), and the internal surface of the protrusion is an extension of an inner surface of the liquid feeding channel (the internal surface of the fluid injection nozzle 28 extends from inside the distal end portion 40 to more distal than the distal end portion 40; Fig. 3). The air-supply/water-supply channel (46; Fig. 3) is connected to the fluid injection nozzle (28; Fig. 3) such that the liquid feeding channel continues from the air-supply/water-supply channel through the fluid injection nozzle (paragraph 0055).
Regarding claim 22, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Tajima further teaches wherein the liquid feeding channel extending through the distal end portion of the insertion portion extends in an axial direction (the liquid feeding channel formed of the water supply tube 64 connected to the water supply nozzle 54 extends through the distal end member 56; Fig. 3, paragraph 0038),
wherein a surface of a first circumferential portion of the liquid feeding channel is located closest to an outer periphery of the distal end portion (the first circumferential portion of the liquid feeding channel is closest to an outer periphery of the distal end portion as seen in annotated Fig. 3 below; Fig. 3) and a surface of a second circumferential portion of the liquid feeding channel is located adjacent the opening of the at least one of the first liquid feeding port portion and the second liquid feeding port (the second circumferential portion of the liquid feeding channel is adjacent the opening of the liquid feeding channel as seen in annotated Fig. 3 below; Fig. 3),
wherein a distance in the axial direction of the surface of the first circumferential portion from the distal end surface of the distal end portion of the insertion portion is a first distance (the first circumferential portion extends past the distal end surface as seen in annotated Fig. 3 below; Fig. 3),
wherein a distance in the axial direction of the surface of a second circumferential portion from the distal end surface of the distal end portion of the insertion portion is a second distance (the second circumferential portion does not extend past the distal end surface as seen in annotated Fig. 3 below; Fig. 3), and
wherein the first distance is greater than the second distance (the distance from the distal end surface to the first circumferential portion is greater than the distance from the distal end surface to the second circumferential portion as seen in annotated Fig. 3 below; Fig. 3).
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Regarding claim 23, Kuwae, as previously modified by Tajima, discloses the endoscope according to claim 1. Kuwae further discloses wherein a surface of a first circumferential portion of the liquid feeding channel is located closest to an outer periphery of the distal end portion (the surface of the first circumferential portion of the nozzle 28 is located closest to an outer periphery of the distal end portion as seen in annotated Fig. 3 below), and
wherein the surface of the first circumferential portion of the liquid feeding channel is located in the protrusion projecting from the distal end surface of the distal end portion of the insertion portion (an edge of an air-supply/water-supply channel 46 connected to the fluid injection nozzle 28; Fig. 3, paragraph 0055). The air-supply/water-supply channel (46; Fig. 3) is connected to the fluid injection nozzle (28; Fig. 3) such that the liquid feeding channel continues from the air-supply channel through the fluid injection nozzle.
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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 OLIVIA G STARKEY whose telephone number is (571)272-3375. The examiner can normally be reached Monday-Friday 8:00-5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLIVIA GRACE STARKEY/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795