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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/10/2026 has been entered.
Disposition of Claims
Claims 1, 3-4, and 8-24 are pending.
Claims 8, 12-15, and 19-20 are withdrawn.
Claims 2 and 5-7 are canceled.
Response to Arguments
Applicant’s arguments, see Pages 13-19, filed on 4/10/2026, with respect to the rejections under 35 U.S.C. § 103 of Claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, and 8-24 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 first circumferential portion of the liquid feeding channel" in lines 22-23. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the first circumferential portion of the liquid feeding channel" is being interpreted as "a first circumferential portion of the liquid feeding channel.”
Claim 1 recites the limitation "the second circumferential portion of the liquid feeding channel" in lines 23-24. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the second circumferential portion of the liquid feeding channel" is being interpreted as "a second circumferential portion of the liquid feeding channel.”
Claims 22 and 23 recite the limitation "a first circumferential portion of the liquid feeding channel" in l. 4 of claim 22 and l. 2 of claim 23. Claim 1 introduces the first circumferential portion of the liquid feeding channel. It is unclear if applicant is referring to the first circumferential portion of the liquid feeding channel in claim 1 or another circumferential portion. For the purposes of examination, "a first circumferential portion of the liquid feeding channel" is being interpreted as "the first circumferential portion of the liquid feeding channel.”
Claim 22 recites the limitation "a second circumferential portion of the liquid feeding channel" in lines 5-6 and 11-12. Claim 1 introduces the second circumferential portion of the liquid feeding channel. It is unclear if applicant is referring to the second circumferential portion of the liquid feeding channel in claim 1 or another circumferential portion. For the purposes of examination, "a second circumferential portion of the liquid feeding channel" is being interpreted as "the second circumferential portion of the liquid feeding channel.”
Claims 3-4, and 8-21, and 24 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.
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claims 1 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Publ. No. 2020/0000320 A1 to Tajima et al. (“Tajima”) in view of U.S. Patent Appl. Publ. No. 2009/0124856 A1 to Otawara (“Otawara”).
Regarding claim 1, Tajima discloses an endoscope (endoscope 10; Fig. 1, paragraph 0019), comprising:
an insertion portion insertable into an inside of a subject (the endoscope 10 includes an insertion unit 20; Fig. 1, paragraph 0019);
an observation window provided in a distal end portion of the insertion portion (an observation window 51 …. are fixed to a distal end of the distal end member 56; Fig. 2, paragraph 0024);
a liquid feeding channel extending through the distal end portion of the insertion portion (the water supply nozzle 54 is connected to the water supply tube 64 via a through-hole provided in the distal end member 56; Fig. 3, paragraph 0038); and
at least one liquid feeding port (a water supply nozzle 54 … are fixed to a distal end of the distal end member 56; Fig. 2-3, paragraph 0024),
wherein the at least one liquid feeding port includes a second liquid feeding port portion (water supply nozzle 54; Fig. 3),
wherein, in operation, a liquid is configured to exit the second liquid feeding port portion (water supplied from the air and water supply device is discharged from the water supply nozzle 54; Fig. 8, paragraph 0038) and includes:
a second liquid portion that exits the second liquid feeding port portion and is directed in a second direction toward the observation window (since the observation window 51 and the water supply nozzle 54 are arranged to have the above relationship, water emitted from the outlet 67 flows on the front surface of the observation window 51 and can remove haze of the observation window 51 and dirt or the like adhering to the observation window 51; Fig. 3, paragraph 0068), and
wherein the second liquid feeding port portion includes a protrusion projecting from a distal end surface of the distal end portion of the insertion portion (the water supply nozzle 54 has a substantially L-shaped cylindrical shape; Fig. 8, paragraph 0038),
wherein an internal surface of the protrusion and the distal end surface of the distal end portion of the insertion portion forms an opening of at least one of the first liquid feeding port portion and the second liquid feeding port portion (outlet 67 is formed from the water supply nozzle and the distal end surface 561; Fig. 8,), and
wherein a distal end of the first circumferential portion of the liquid feeding channel is located at a first distal position (first distal position as indicated in the annotated Fig. 8 below; Fig. 8), a distal end of the second circumferential portion of the liquid feeding channel is located at a second distal position (second distal position as indicated in the annotated Fig. 8 below; Fig. 8),
wherein the first distal position is located distally relative to a plane of the distal end surface (a maximum protruding amount of an inner surface of the water supply nozzle 54 is indicated by a symbol P using the distal end surface 561 as a reference; Fig. 8, paragraph 0063), and
wherein the second distal position is located in the plane of the distal end surface (second distal position is at distal end surface 561; Fig. 8).
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However, Tajima does not explicitly disclose wherein the at least one liquid feeding port includes a first liquid feeding port portion, wherein, in operation, a liquid is configured to exit the first liquid feeding port portion 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.
Otawara teaches an endoscope (endoscope 2; Fig. 1, paragraph 0031), comprising:
an insertion portion insertable into an inside of a subject (the endoscope 2 includes: an endoscope insertion portion (hereinafter simply referred to as insertion portion) 11 elongated to facilitate insertion into a body cavity; Fig. 1, paragraph 0032);
an observation window provided in a distal end portion of the insertion portion (in the distal end portion 15, two image pickup units are disposed; normal image pickup unit 31A and the fluorescent light image pickup unit 31B; Fig. 2, paragraph 0039);
a liquid feeding channel extending through the distal end portion of the insertion portion (the air/water feeding nozzle 60 is connected to an air/water feeding duct 61; Fig. 6, paragraph 0055); and
at least one liquid feeding port (on the distal end portion 15, there is also located an air/water feeding nozzle 60); Fig. 6, paragraph 0054),
wherein the at least one liquid feeding port includes a first liquid feeding port portion (outer edges of air/water feeding nozzle 60; Fig. 12) and a second liquid feeding port portion (center of air/water feeding nozzle 60; Fig. 12),
wherein, in operation, a liquid is configured to exit the first liquid feeding port portion and the second liquid feeding port portion (this causes the air/water feeding nozzle 60 to blow a gas such as air or a liquid such as distilled water; Fig. 12, paragraph 0058) 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 (the spouting area A is larger than the observation window; the air/water feeding nozzle 60 spouts out, in a spreading manner, the gas or liquid such as distilled water or air into a gas/liquid spouting area A from the spouting port 60a; Fig. 12, paragraph 0147), and
a second liquid portion that exits the second liquid feeding port portion and is directed in a second direction toward the observation window (this causes the air/water feeding nozzle 60 to blow a gas such as air or a liquid such as distilled water to outer surfaces of respective lenses of the normal light image pickup unit 31A and the fluorescent light image pickup unit 31B located in a spouting direction; Fig. 12, paragraph 0058). Otawara teaches that the first liquid portion is used to clean the illumination lens (paragraph 0180).
Otawara is considered to be analogous to the claimed invention because it is in the same field of endoscopes with water nozzles. It would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the nozzle assembly of Tajima to incorporate the teachings of Otawara by widening the spouting area of the water nozzle to direct water away from the observation window. Doing so would help to clean the illumination lens, as recognized by Otawara.
Regarding claim 3, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima 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 water supply nozzle 54 is connected to the water supply tube 64 via a through-hole provided in the distal end member 56; Fig. 3, paragraph 0038).
Regarding claim 4, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Otawara teaches wherein the first liquid portion is configured to perfuse the inside of the subject (air/water feeding nozzle 60 to blow a gas such as air or a liquid such as distilled water and thus is capable of perfusing the inside of the subject; Fig. 12, paragraph 0058) and the second liquid portion is configured to remove a substance adhering to the observation window (air/water feeding nozzle 60 to blow a gas such as air or a liquid such as distilled water to outer surfaces of respective object lenses of the normal light image pickup unit 31A and the fluorescent light image pickup unit 31B located in a spouting direction, so as to remove and clean off body fluid, accretion or the like so that image pickup and observation field of view can be ensured in a clean state; Fig. 12, paragraph 0058).
Regarding claim 9, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima 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 (the water supply nozzle 54 is provided with the outlet 67; Fig. 8, paragraph 0063).
Regarding claim 10, Tajima, as previously modified by Otawara, discloses the endoscope according to claims 1 and 9. Tajima further discloses wherein a first surface of the protrusion extends axially from the distal end surface 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 (the water supply nozzle has a first surface and a second surface as indicated in annotated Fig. 8 below; Fig. 8), and wherein the at least one liquid feeding port is formed in the first surface of protrusion (the water supply nozzle 54 has a substantially L-shaped cylindrical shape; Fig. 8, paragraph 0038).
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Regarding claim 11, Tajima, as previously modified by Otawara, discloses the endoscope according to claims 1 and 9-10. Tajima 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 (a maximum protruding amount of an inner surface of the water supply nozzle 54 is indicated by a symbol P using the distal end surface 561 as reference; Fig. 8, paragraphs 0063), 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 (C is the maximum protruding amount of the observation window 51 from the distal end surface 561 of the insertion unit 20; Fig. 8, paragraph 0065), and wherein the first distance is greater than the second distance (The protruding amount of the outlet 67 satisfies Formulas (5) and (6) … P≥C; Fig. 8, paragraphs 0063-0064).
Regarding claim 16, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima further discloses comprising a treatment instrument channel extending through the insertion portion (the channel inlet 42 and the channel outlet 55 are connected by a tube-shaped channel passing through each inside of the shaft portion 21 and the bending portion 22; Fig. 1-2, paragraph 0041), the treatment instrument channel including a treatment instrument opening in the distal end portion of the insertion portion (a channel outlet 55, and the like are fixed to a distal end of the distal end member 56; Fig. 2, paragraph 0024), wherein the treatment instrument channel is configured to slidably contain a probe configured to shatter a stone (a treatment tool (not illustrated) is inserted from the channel inlet 42, a distal end of the treatment tool can be caused to protrude from the channel outlet 55 to perform a procedure and thus is capable of containing a probe for shattering a stone; paragraph 0041).
Regarding claim 17, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. However, Tajima does not explicitly disclose further comprising a suction channel inserted through the insertion portion, wherein the suction channel is configured to suction up the liquid and stone from inside of the subject, and wherein, in operation, the at least one liquid feeding port is configured to deliver the liquid to the inside of the subject and to perfuse the inside of the subject.
Otawara teaches a suction channel inserted through the insertion portion, wherein the suction channel is configured to suction up the liquid and stone from inside of the subject (in a case where gas or liquid such as distilled water or air is spouted out from the spouting port 60a of the air/water feeding nozzle 60, and at the same time suction is performed through the treatment instrument channel 19; Fig. 2, paragraph 0166), and wherein, in operation, the at least one liquid feeding port is configured to deliver the liquid to the inside of the subject and to perfuse the inside of the subject (air/water feeding nozzle 60 to blow a gas such as air or a liquid such as distilled water and thus is capable of perfusing the inside of the subject; Fig. 12, paragraph 0058).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a suction channel in the endoscope of Tajima, as taught by Otawara, to increase the functionality of the endoscope of Tajima by enabling the endoscope to perform procedures in which suctioning of bodily objects and fluid is required.
Regarding claim 18, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. However, Tajima does not explicitly disclose a liquid feeding/suction apparatus operably connected to the endoscope, wherein the endoscope further includes a suction channel, 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 and a suction pump configured to suction up the liquid via the suction channel.
Otawara teaches a liquid feeding/suction apparatus operably connected to the endoscope, wherein the endoscope further includes a suction channel (suction is performed through the treatment instrument channel 19; Fig. 5, paragraph 0166), 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 air feeding duct 61a and the water feeding duct 61b communicating with the air/water feeding nozzle 60 are inserted up to the connector 14 of the universal cable 13, and connected to the air/water feeding device 6 incorporating a pump not shown for feeding air and water; Fig. 1, paragraph 0056) and a suction pump configured to suction up the liquid via the suction channel (the other of the diverged treatment instrument channels communicated with a suction channel in through the insertion portion 11 and the universal cable 13, with a proximal end being connected to an absorbing portion not shown serving as absorbing means via the connector 14; Fig. 1, paragraph 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a suction channel in the endoscope of Tajima, as taught by Otawara, to increase the functionality of the endoscope of Tajima by enabling the endoscope to perform procedures in which suctioning of bodily objects and fluid is required.
Regarding claim 21, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima further discloses wherein the liquid feeding channel is formed in the distal end portion of the insertion portion, and the internal surface of the protrusion is an extension of an inner surface of the liquid feeding channel (the water supply nozzle 54 has a substantially L-shaped cylindrical shape that extends into the distal end portion of the insertion portion and forms a liquid feeding channel; Fig. 3, paragraph 0038)
Regarding claim 22, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima further discloses wherein the liquid feeding channel extending through the distal end portion of the insertion portion extends in an axial direction (the water supply nozzle 54 is connected to the water supply tube 64 via a through-hole provided in 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 surface of the first circumferential portion of the nozzle 54 is located 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 position (first distal position as indicated in the annotated Fig. 8 below; Fig. 8),
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 second distal position as indicated in the annotated Fig. 8 below; Fig. 8), and
wherein the first distance is greater than the second distance (a maximum protruding amount of an inner surface of the water supply nozzle 54 is indicated by a symbol P using the distal end surface 561 as a reference; Fig. 8, paragraph 0063).
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Regarding claim 23, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima 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 54 is located closest to an outer periphery of the distal end portion as seen in annotated Fig. 3 below; Fig. 3), 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 (the water supply nozzle 54 has a substantially L-shaped cylindrical shape; Figs. 3 and 8, paragraph 0038).
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Regarding claim 24, Tajima, as previously modified by Otawara, discloses the endoscope according to claim 1. Tajima further discloses wherein a distal end surface of the observation window is located at a third distal position (C is the maximum protruding amount of the observation window 51 from the distal end surface 561 of the insertion unit 20; Fig. 8, paragraph 0065), and wherein the third distal position is between the first distal position and the second distal position (a maximum protruding amount of an inner surface of the water supply nozzle 54 is indicated by a symbol P using the distal end surface 561 as reference. The protruding amount of the outlet 67 satisfies Formulas (5) and (6) … P≥C; Fig. 8, paragraphs 0063-0064).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Appl. Publ. No. 2012/0316394 A1 to Yoshida et al. teaches a cleaning nozzle configured to eject fluid towards an observation window and away from an observation window as described in the abstract and following descriptive text.
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
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