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 .
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.
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.
Claims 1, 3-4, 6-7, 9, 14-15, 18-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kakuuchi et al. (hereinafter “Kakuuchi” US 2004 / 0095555) in view of Tsunoda (JP-2010273920A).
(It should be noted that the Tsunoda reference was provided by the applicant via Information Disclosure Statement on 07 January 2026. Further, all relevant portions of the Tsunoda reference are cited with respect to the English Language Translation of JP-2010273920A provided herein.)
As pertaining to Claim 1, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a medical examination device (1; see Page 1, Para. [0018]-[0019]) having a grip portion (30) that is grippable by an operator (i.e., an observer viewing observation section (20); see Page 1 through Page 2, Para. [0020]-[0021]) in such a manner as to be sandwiched between a thumb and at least one of four index finger-side fingers (i.e., corresponding to a hand of the observer gripping the grip portion (30)) including an index finger, a middle finger, a ring finger, and a little finger on an index finger side of one hand (i.e., according to the anatomical structure of a hand), to examine a subject (3) by performing operation in a state where the grip portion (30) is gripped with the one hand (i.e., the hand of the observer viewing observation section (20)), the medical examination device (1) comprising:
a finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34)) provided on the grip portion (30), the finger hook portion (30, 34) protruding outward at only one location (i.e., a central location) from an intermediate portion (i.e., a middle portion) of the grip portion (30) that extends in an up-down direction in a reference state (i.e., a central state) of the grip portion (30), the finger hook portion (30, 34) configured to be hooked on a first finger (i.e., any arbitrary finger), the first finger (i.e., any arbitrary finger) being a finger to be used for hooking among the index finger-side fingers, the finger hook portion (30, 34) protruding in such a way that, when the grip portion (30) is gripped by the operator (i.e., the observer viewing observation section (20)) with the one hand, the first finger (i.e., any arbitrary finger) receives a load (i.e., as a holding hand) of the medical examination device (1), and the reference state (i.e., the central state) being a state in which the medical examination device (1) is placed on a horizontal surface (i.e., a table or other surface); and
an index finger-side operation unit (34, 35) used for examination operation is provided at a position that is reachable by a second finger (i.e., any arbitrary finger) to be used for the operation, the second finger (i.e., any arbitrary finger) being a finger of which a position is fixed (i.e., fixed along the grip portion (30)) by the finger hook portion (30, 34) when the operator grips the grip portion (30) with the one hand among the index finger-side fingers (see Page 2, Para. [0022] and [0027]-[0029]; and note that the observer gripping the grip portion (30) to observe the subject (3) grips the grip portion (30) with a finger-side at an interior of (30) closest to the subject (3) and a thumb-side at an exterior of (30) farthest from the subject (3); also note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34)).
Kakuuchi suggests a finger hook portion (30, 34) provided on the grip portion (30) that protrudes outward from an intermediate portion of the grip portion (30). However, Kakuuchi does not explicitly show that the finger hook portion (30, 34) has a flange shape.
Still, in a similar field of endeavor, Tsunoda discloses (see Fig. 3 and Fig. 6) a medical device (1) having a grip portion (10, 40) that is grippable by an operator in such a manner as to be sandwiched between a thumb and at least one of four index finger-side fingers (see Fig. 6), wherein the medical device (1) comprises a finger hook portion (43) provided on the grip portion (10, 40), the finger hook portion (43) having a flange shape protruding outward from an intermediate portion of the grip portion (10, 40), wherein the hook portion (43) is disposed to be hooked on any of the index finger-side fingers when the grip portion (10, 40) is gripped by the operator with one hand (see the tenth full paragraph on Page 4). Like Kakuuchi, it is a general goal of Tsunoda to provide a medical device that is efficiently grippable with one hand of an operator and can effectively perform its intended function. In this regard, Tsunoda explicitly suggests a grip portion for such a medical device that comprises a finger hook portion having a flange shape protruding outward from an intermediate portion of the grip portion to allow for more stable holding of the medical device (see the second full paragraph on Page 6). Thus, one of ordinary skill in the art would have readily appreciated that the grip portion suggested by Tsunoda, in a similar field of endeavor to that of Kakuuchi, provides design incentives, such as more stable holding of the medical examination device of Kakuuchi, that would have prompted adaption of the medical examination device of Kakuuchi.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kakuuchi with the teachings of Tsunoda, such that the medical examination device of Kakuuchi comprises a finger hook portion provided on the grip portion, wherein the finger hook portion has a flange shape, as suggested by Tsunoda, in order to allow for more stable holding of the medical examination device of Kakuuchi.
As pertaining to Claim 3, Kakuuchi discloses (see Fig. 1b and Fig. 2b) that a finger (i.e., any arbitrary finger) closer to the thumb than a finger receiving a load from the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34)) is an operation finger, and wherein the index finger-side operation unit (34, 35) is provided at a position that is reachable by the operation finger (i.e., the arbitrary finger; see Page 2, Para. [0022] and [0027]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 4, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a thumb-side operation unit (27) used for examination operation is provided at a position that is reachable by the thumb of which a position is fixed by the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34)) when the operator (i.e., the observer viewing observation section (20)) grips the grip portion (30) with the one hand (see Page 2 through Page 3, Para. [0021] and [0032]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 6, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a load balance (see (12, 13)) is configured so that a center of the balance of the entire device is located on the index finger side (i.e., see an interior of (30) closest to the subject (3)) when the grip portion (30) is divided into a thumb side (i.e., see an exterior of (30) farthest from the subject (3)) and the index finger side (i.e., again, see an interior of (30) closest to the subject (3)), by a reference plane (i.e., an imaginary plane) that is a virtual plane parallel to a central axis of the grip portion (30) and passes a position of the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34); see Page 1, Para. [0019] and Page 2, Para. [0022]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 7, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a base portion (31) having a grounded surface that is grounded to a location at which the medical examination device is placed, with one end portion (i.e., a right-side portion) thereof being attached to a lower side of the grip portion (30), wherein
a grip end (i.e., a bottom of (30)), which is a lower end of the grip portion (30), has a shape to protrude from a rear end (i.e., a right-side end) of the base portion (31; see Page 1 through Page 2, Para. [0020] and [0028]).
As pertaining to Claim 9, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a thumb-side operation unit (27) used for examination operation is provided at a position that is reachable by the thumb of which a position is fixed by the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34)) when the operator (i.e., the observer viewing observation section (20)) grips the grip portion (30) with the one hand (see Page 2 through Page 3, Para. [0021] and [0032]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 14, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a load balance (see (12, 13)) is configured so that a center of the balance of the entire device is located on the index finger side (i.e., see an interior of (30) closest to the subject (3)) when the grip portion (30) is divided into a thumb side (i.e., see an exterior of (30) farthest from the subject (3)) and the index finger side (i.e., again, see an interior of (30) closest to the subject (3)), by a reference plane (i.e., an imaginary plane) that is a virtual plane parallel to a central axis of the grip portion (30) and passes a position of the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34); see Page 1, Para. [0019] and Page 2, Para. [0022]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 15, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a load balance (see (12, 13)) is configured so that a center of the balance of the entire device is located on the index finger side (i.e., see an interior of (30) closest to the subject (3)) when the grip portion (30) is divided into a thumb side (i.e., see an exterior of (30) farthest from the subject (3)) and the index finger side (i.e., again, see an interior of (30) closest to the subject (3)), by a reference plane (i.e., an imaginary plane) that is a virtual plane parallel to a central axis of the grip portion (30) and passes a position of the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34); see Page 1, Para. [0019] and Page 2, Para. [0022]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 18, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a base portion (31) having a grounded surface that is grounded to a location at which the medical examination device is placed, with one end portion (i.e., a right-side portion) thereof being attached to a lower side of the grip portion (30), wherein
a grip end (i.e., a bottom of (30)), which is a lower end of the grip portion (30), has a shape to protrude from a rear end (i.e., a right-side end) of the base portion (31; see Page 1 through Page 2, Para. [0020] and [0028]).
As pertaining to Claim 19, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a base portion (31) having a grounded surface that is grounded to a location at which the medical examination device is placed, with one end portion (i.e., a right-side portion) thereof being attached to a lower side of the grip portion (30), wherein
a grip end (i.e., a bottom of (30)), which is a lower end of the grip portion (30), has a shape to protrude from a rear end (i.e., a right-side end) of the base portion (31; see Page 1 through Page 2, Para. [0020] and [0028]).
As pertaining to Claim 21, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a base portion (31) having a grounded surface that is grounded to a location at which the medical examination device is placed, with one end portion (i.e., a right-side portion) thereof being attached to a lower side of the grip portion (30), wherein
a grip end (i.e., a bottom of (30)), which is a lower end of the grip portion (30), has a shape to protrude from a rear end (i.e., a right-side end) of the base portion (31; see Page 1 through Page 2, Para. [0020] and [0028]).
Claims 5, 11-12, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kakuuchi in view of Tsunoda and further in view of Yoshimura et al. (hereinafter “Yoshimura” US 6,283,596).
As pertaining to Claim 5, Kakuuchi discloses (see Fig. 1b and Fig. 2b) an irradiation unit (see (11, 15, 16, 17, 18, 19)) that irradiates the subject (3) with irradiation light (see Page 1, Para. [0019]).
Neither Kakuuchi nor Tsunoda explicitly discloses an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft.
However, in the same field of endeavor, Yoshimura discloses (see Fig. 1A) a medical examination device analogous to that disclosed by Kakuuchi, wherein the device comprises an irradiation unit (10) that irradiates a subject (i.e., a patient) with irradiation light; an irradiation angle adjustment unit (see (10, 20, 24)) that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit (10) about a rotation shaft (see a portion along (L)); and a scale portion (23) that provides scales each indicating a rotation angle on an upper surface of the rotation shaft (again, see a portion along (L); and see Col. 3, Ln. 35-67 through Col. 4, Ln. 1-4). It is a goal of Yoshimura to provide a medical examination device, analogous to that disclosed by Kakuuchi, in which an operator can arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye (again, see Col. 3, Ln. 47-66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kakuuchi and Tsunoda with the teachings of Yoshimura, such that the medical examination device of Kakuuchi and Tsunoda comprises an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft, as suggested by Yoshimura, in order to allow an operator to arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye.
As pertaining to Claim 11, Kakuuchi discloses (see Fig. 1b and Fig. 2b) an irradiation unit (see (11, 15, 16, 17, 18, 19)) that irradiates the subject (3) with irradiation light (see Page 1, Para. [0019]).
Neither Kakuuchi nor Tsunoda explicitly discloses an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft.
However, in the same field of endeavor, Yoshimura discloses (see Fig. 1A) a medical examination device analogous to that disclosed by Kakuuchi, wherein the device comprises an irradiation unit (10) that irradiates a subject (i.e., a patient) with irradiation light; an irradiation angle adjustment unit (see (10, 20, 24)) that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit (10) about a rotation shaft (see a portion along (L)); and a scale portion (23) that provides scales each indicating a rotation angle on an upper surface of the rotation shaft (again, see a portion along (L); and see Col. 3, Ln. 35-67 through Col. 4, Ln. 1-4). It is a goal of Yoshimura to provide a medical examination device, analogous to that disclosed by Kakuuchi, in which an operator can arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye (again, see Col. 3, Ln. 47-66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kakuuchi and Tsunoda with the teachings of Yoshimura, such that the medical examination device of Kakuuchi and Tsunoda comprises an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft, as suggested by Yoshimura, in order to allow an operator to arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye.
As pertaining to Claim 12, Kakuuchi discloses (see Fig. 1b and Fig. 2b) an irradiation unit (see (11, 15, 16, 17, 18, 19)) that irradiates the subject (3) with irradiation light (see Page 1, Para. [0019]).
Neither Kakuuchi nor Tsunoda explicitly discloses an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft.
However, in the same field of endeavor, Yoshimura discloses (see Fig. 1A) a medical examination device analogous to that disclosed by Kakuuchi, wherein the device comprises an irradiation unit (10) that irradiates a subject (i.e., a patient) with irradiation light; an irradiation angle adjustment unit (see (10, 20, 24)) that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit (10) about a rotation shaft (see a portion along (L)); and a scale portion (23) that provides scales each indicating a rotation angle on an upper surface of the rotation shaft (again, see a portion along (L); and see Col. 3, Ln. 35-67 through Col. 4, Ln. 1-4). It is a goal of Yoshimura to provide a medical examination device, analogous to that disclosed by Kakuuchi, in which an operator can arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye (again, see Col. 3, Ln. 47-66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kakuuchi and Tsunoda with the teachings of Yoshimura, such that the medical examination device of Kakuuchi and Tsunoda comprises an irradiation angle adjustment unit that adjusts an irradiation angle of the irradiation light by rotating the irradiation unit about a rotation shaft; and a scale portion that provides scales each indicating a rotation angle on an upper surface of the rotation shaft, as suggested by Yoshimura, in order to allow an operator to arbitrarily change an illumination angle of examination light as needed to perform various inspections of a subject’s eye.
As pertaining to Claim 16, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a load balance (see (12, 13)) is configured so that a center of the balance of the entire device is located on the index finger side (i.e., see an interior of (30) closest to the subject (3)) when the grip portion (30) is divided into a thumb side (i.e., see an exterior of (30) farthest from the subject (3)) and the index finger side (i.e., again, see an interior of (30) closest to the subject (3)), by a reference plane (i.e., an imaginary plane) that is a virtual plane parallel to a central axis of the grip portion (30) and passes a position of the finger hook portion (see (30, 34) in Fig. 1b and Fig. 2b and note that the grip portion (30) is shown to be shaped to have an extending finger hook portion at (34); see Page 1, Para. [0019] and Page 2, Para. [0022]; also see Fig. 6 of Tsunoda).
As pertaining to Claim 20, Kakuuchi discloses (see Fig. 1b and Fig. 2b) a base portion (31) having a grounded surface that is grounded to a location at which the medical examination device is placed, with one end portion (i.e., a right-side portion) thereof being attached to a lower side of the grip portion (30), wherein
a grip end (i.e., a bottom of (30)), which is a lower end of the grip portion (30), has a shape to protrude from a rear end (i.e., a right-side end) of the base portion (31; see Page 1 through Page 2, Para. [0020] and [0028]).
Response to Arguments
Applicant's arguments filed 21 April 2026 have been fully considered but they are not persuasive. The applicant has argued that none of the references relied upon by the examiner in the prior Office Action, namely Kakuuchi, Tsunoda, and Yoshimura, teach or fairly suggest the claimed “finger hook portion having a flange shape” such that the newly claimed “first finger” and “second finger” are arranged in the manner as newly recited in independent Claim 1 (see Remarks at Pages 8 and 9). The examiner respectfully disagrees. In this regard, the examiner respectfully maintains that there is nothing recited in independent Claim 1 that would distinguish the structure of the claimed medical examination device from that suggested by the combined teachings of Kakuuchi and Tsunoda. The applicant has newly recited an arbitrary “first finger” as “a finger to be used for hooking” such that “when the grip portion is gripped… the first finger receives a load of the medical examination device.” This feature is clearly provided by both the finger hook portion (30, 34) of Kakuuchi (see Fig. 1b) and the finger hook portion (43) of Tsunoda (see Fig. 6) for any arbitrary “first finger.” In fact, this feature is merely a resulting feature of the grip portion being gripped by an operator. The applicant has further newly recited an “index-side operation unit,” namely a button, that “is provided at a position that is reachable” by an arbitrary “second finger” that is “fixed by the finger hook portion.” Again, this feature is clearly shown by the index finger-side operation unit (34, 35) of Kakuuchi for an arbitrary “second finger” below the finger hook portion (30, 34). The examiner respectfully maintains that Kakuuchi explicitly shows a finger hook portion (30, 34) that protrudes outward from an intermediate portion of the grip portion such that at least one “first finger” thus “receives a load of the medical examination device” and allows for a “second finger” to be used for an operation of the “index finger-side operation unit.”
Therefore, the rejection of Claims 1, 3-7, 9, 11-12, 14-16, and 18-21 is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park (US 2021 / 0393124) corresponding to Park (US 11,707,194), at least at Figure 4B, disclose a medical examination device comprising a finger hook portion.
Silbertrust et al. (US 3,315,680) discloses a medical device comprising a finger hook portion.
THIS ACTION IS MADE FINAL. 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 JASON M MANDEVILLE whose telephone number is (571)270-3136. The examiner can normally be reached Mon - Fri 7:30AM-4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached at 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M MANDEVILLE/Primary Examiner, Art Unit 2623
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