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 with traverse of Species I, readable on claims 1, 3-5, 7-9, 17, 25, 26, 29, 32, 34, 38, 45 in the reply filed on 12/12/2025 is acknowledged. The traversal is on the ground(s) that: Applicant has not provided any grounds for why the restriction is improper and therefore Applicant’s traversal is not found persuasive.
Additionally, Claims 1, 3-5, 7-9, 17, 25, 26, 29, 32, 45, 61, 63 and 69 read on non-elected Species K and are therefore withdrawn. Specifically, Claim 1 reads on Species K due to the language of “wherein in a first condition selected by a user, articulation of the endoscope to an angle to a longitudinal axis of the endoscope effects deformation of a distal portion of the instrument receiving channel and in a second condition selected by the user, articulation of the endoscope does not deform the distal portion of the instrument receiving channel such that the instrument receiving channel is deformable independent of the endoscope” which is accomplished by tension wire (1042) shown in Fig. 31 of Species K. Also, Claim 45 is withdrawn due to an instrument guide disposed within the instrument receiving channel taught via guide (1040) in Species K. Also, Claim 61 reads on Species K due to the language of “wherein the instrument receiving channel is retained in position when the user ceases movement of the instrument receiving channel” which is accomplished via contact knob (1058) in Fig. 31 of Species K. The requirement is still deemed proper and is therefore made FINAL.
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 34 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devierre et al. (US Patent Application Publication No. 2005/0234297, hereinafter Devierre).
In regard to claim 34, Devierre discloses a system (10, Fig. 1) for tissue resection during endoscopic surgery (the system is capable of use for tissue resection), the system comprising an endoscope connector (31) configured to connect to an endoscope (61) and an instrument receiving channel (11,32), the endoscope connector connecting the instrument receiving channel to the endoscope such that the instrument receiving channel is external of the endoscope (Figs. 1,3A-3B), the instrument receiving channel movable with respect to the endoscope connector (Figs. 3A-3C) and dimensioned and configured to receive an endoscopic instrument (Par. 56), the instrument receiving channel bendable with respect to a longitudinal axis of the endoscope such that a distal portion of the endoscopic instrument extending distally of the instrument receiving channel bends at an acute angle toward target tissue (Figs. 3A,3C).
In regard to claim 38, Devierre teaches wherein the instrument receiving channel is bendable and/or slidable independent of the position of the endoscope within the endoscope connector (Fig, 3C shows the channel bending with respect to the endoscope) .
Claims 34 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiromi et al. (WO 2020-121438 A1, hereinafter Hiromi) using US 2021/0290045 as an English equivalent.
In regard to claim 34, Hiromi discloses a system (1, Fig. 1) for tissue resection during endoscopic surgery (the system is capable of use for tissue resection), the system comprising an endoscope connector (3) configured to connect to an endoscope (53) and an instrument receiving channel (2), the endoscope connector connecting the instrument receiving channel to the endoscope such that the instrument receiving channel is external of the endoscope (Figs. 1-3), the instrument receiving channel movable with respect to the endoscope connector (Figs. 3-4) and dimensioned and configured to receive an endoscopic instrument (Fig. 6), the instrument receiving channel bendable with respect to a longitudinal axis of the endoscope such that a distal portion of the endoscopic instrument extending distally of the instrument receiving channel bends at an acute angle toward target tissue (Fig. 4).
In regard to claim 38, Hiromi teaches wherein the instrument receiving channel is bendable and/or slidable independent of the position of the endoscope within the endoscope connector (Figs. 3 and 4 show the instrument receiving channel being both bendable and slidable with respect to the endoscope) .
Conclusion
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/RYAN N HENDERSON/ Primary Examiner, Art Unit 3795 March 11, 2026