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 .
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Claim 22-25, 28, and 30-45 are pending, claims 24, 25, 34-39, and 42-45 are withdrawn from consideration and claims 22, 23, 28, 30-33, and 40-41 are currently under consideration for patentability under 37 CFR 1.104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.
Claim Rejections - 35 USC § 103
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) 22, 23, 28, 30-33, and 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nieman et al. (U.S. 2015/0112132) in view of Ito et al. (U.S. 2021/0259532).
With respect to claim 22, Nieman et al. teaches a medical device including:
a main tube (450’) having an outer wall, a distal end, a first lumen (472’), a flush lumen (474’) and a camera lumen (462 for example, see para [0074] and [0077]), 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. 10A,B, 11, 12);
a tip housing (455’) separately manufactured from the main tube, the tip housing comprising:
a proximal end (FIG. 11),
a distal end (FIG. 11),
a tubular housing part including an outer surface extending from the proximal end to the distal end (FIG. 11),
a first lumen extension (472’, para [0077], FIG. 11) having an open end,
a camera lumen extension comprising an inner surface (area of 465’, FIG. 11),
a flush lumen extension (73) and
a flush outlet (475’) configured to discharge fluid received from the flush lumen through the flush lumen extension (FIG. 11), the first lumen extension extending distally from the first lumen (FIG. 11), the camera lumen extension extending distally from the camera lumen (FIG. 11), the flush lumen extension axially aligned with and extending distally from the flush lumen (FIG. 11),
the tubular housing part enclosing the first lumen extension and the camera lumen extension, with the flush outlet extending from 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. 11,12);
a camera module (460); and
a camera housing (430) affixing the camera module in the camera lumen extension.
However, Nieman et al. does not teach a camera module arranged at least partly in the camera lumen extension of the tip housing, the flush outlet located distally of the camera module.
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, 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.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Nieman et al. to have the camera module arranged at least partly in the camera lumen extension of the tip housing in the manner taught by Ito et al. because Nieman et al. is silent with respect to the means by which the cap member is attached to the endoscope and the configuration disclosed by Ito et al. allows for a robust but removable interconnection (see FIG. 3 of Ito et al. for example).
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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 22 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.
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.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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