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 .
Election/Restrictions
Applicant’s election without traverse of group 1 and species d and e in the reply filed on 10/13/2025 is acknowledged.
Applicant asserts the election reads on claims 22, 23, 28, 30-33, and 40-44.
Claim 42 recites inter alia, “a monitor or image display device communicatively connectable to the medical device.” This is not found in the elected embodiment of FIHGS. 5-12 but rather in the non-elected embodiment of FIG. 1. Therefore claim 42 is withdrawn from consideration.
New claim 43 recites, “a first inflatable cuff and a sealing plug.” This is not found in the embodiment of FIGS. 5-12, which do not depict the inflatable cuff 59, but rather is directed to the non-elected embodiment of FIG. 3. Therefore claims 43 and 44 are withdrawn from consideration.
Status of Claims
Claim 22-25, 28, and 30-45 are pending, claims 24, 25, 34-39, and 42-45 are withdrawn from consideration and claims 22, 23, 28, 30-33, and 40-41 are currently under consideration for patentability under 37 CFR 1.104
Foreign Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copies have been received.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/21/2023 and 09/08/2023 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 22, 23, 28, 30-33, and 40-41 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ito et al. (U.S. 2021/0259532).
With respect to claim 22, Ito et al. teaches a medical device including:
a main tube (40) having an outer wall, a distal end, a first lumen (48), a flush lumen (43) and a camera lumen (42), the first lumen having a proximal end and a distal end, the camera lumen having a proximal end and a distal end, the outer wall enclosing the first lumen, the camera lumen extending within the outer wall, and the flush lumen extending within the outer wall (FIG. 3, 8);
a tip housing (70) separately manufactured from the main tube, the tip housing comprising a proximal end, a distal end, a tubular housing part extending from the proximal end to the distal end, a first lumen extension (78) having an open end, a camera lumen extension (71), a flush lumen extension (73) and a flush outlet (143) configured to discharge fluid received from the flush lumen through the flush lumen extension (FIG. 8), the first lumen extension extending distally from the first lumen (FIG. 3), the camera lumen extension extending distally from the camera lumen (FIG. 3,9), the flush lumen extension axially aligned with and extending distally from the flush lumen (FIG. 8), the tubular housing part enclosing the first lumen extension and the camera lumen extension, the flush lumen extension extending between an outer surface and an inner surface of the tubular housing part with the flush outlet extending between the flush lumen extension and the inner surface, and the proximal end of the tip housing mounted at the distal end of the main tube (FIG. 3, 8);
a camera module (15) arranged at least partly in the camera lumen extension of the tip housing, the flush outlet located distally of the camera module (FIG. 6 vs FIG. 8); and
a camera housing (60) affixing the camera module in the camera lumen extension.
With respect to claim 23, Ito et al. teaches the tubular housing part comprises a proximal end and a distal end, wherein the tip housing comprises a flush pipe (731) aligned with the flush lumen extension and extending proximally of the proximal end of the tubular housing part, the flush pipe configured to engage the flush lumen of the main tube (FIG. 8).
With respect to claim 28, Ito et al. teaches the camera housing extends in a longitudinal direction and comprises a proximal end and a distal end, wherein the camera housing includes a tubular housing part at least partly surrounding the camera module and a distal end wall, wherein the tubular housing part and the distal end wall are integrally moulded and form one single housing element (FIG. 11), and wherein the tubular housing part fits tightly into the camera lumen extension (FIG. 3).
With respect to claim 30, Ito et al. teaches the flush lumen is intermediate the proximal end and the distal end of the tip housing and configured to discharge flushing fluid distally of a distal end of the camera housing (FIG. 8).
With respect to claim 31, Ito et al. teaches the tubular housing part comprises a proximal end and a distal end, wherein the tip housing comprises a flush pipe (731) aligned with the flush lumen extension and extending proximally of the proximal end of the tubular housing part, the flush pipe configured to engage the flush lumen of the main tube (FIG. 8).
With respect to claim 32, Ito et al. teaches the main tube comprises an anesthetic lumen (intended use, 49) enclosed by the outer wall, wherein the tip housing comprises an anesthetic lumen extension (intended use, 72) aligned with and extending distally from the anesthetic lumen, wherein the tip housing comprises an anesthetic outlet port (intended use, 141), and wherein the anesthetic lumen extension is in fluid communication with the anesthetic outlet port to discharge an anesthetic received from the anesthetic lumen through the anesthetic lumen extension (intended use, FIG. 8).
With respect to claim 33, Ito et al. teaches the tip housing comprises an anesthetic pipe (intended use, 721) aligned with the anesthetic lumen extension and extending proximally of the proximal end of the tubular housing part, the anesthetic pipe configured to engage the anesthetic lumen of the main tube (FIG. 8).
With respect to claim 40, Ito et al. teaches the proximal end of the tip housing has a proximal junction interface (701) fitting an abutment surface of the main tube, wherein said abutment surface includes at least an end face of the outer wall of the main tube (FIG. 3 for example), wherein the proximal junction interface forms a groove with said abutment surface of the main tube, and wherein said groove contains hardened glue (see FIG. 9, para [0108])
With respect to claim 41, Ito et al. teaches the first lumen extension, at the proximal end of the tip housing, is provided with a proximally protruding pipe (781) engaging the distal end of the first lumen (FIG. 3).
Conclusion
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/ALEXANDRA L NEWTON/ Primary Examiner, Art Unit 3799