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 .
Notice of Amendment
The Amendment filed 11/17/2025 has been entered. Claims 1-13 are pending in the application with claims 1, 12 amended, claim 9 withdrawn.
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 1-8 and 10-13 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 other direction side" in Line 27. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the other direction side" in Line 32. There is insufficient antecedent basis for this limitation in the claim.
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 1-8 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaya (US Patent Application Publication No. 2017/0020370).
In regard to claims 1 and 12, Yamaya discloses an endoscope (10, Fig. 1) comprising:
an operation section (30) at which an operating member (39) is provided (Fig. 1);
an insertion section (20) that is provided on a distal end side of the operation section and that is to be inserted into a subject (Fig. 1);
a distal-end-portion main body (8) that is positioned at a distal end of the insertion section (Fig. 1);
an elevator-housing-space forming member (50) that is detachably attached to the distal-end-portion main body and that forms an elevator housing space (Fig. 2A);
a proximal end wall portion (proximal wall of the main body (100) in which distal port of channel (35b) opens to) that is provided at the distal-end-portion main body or the elevator-housing-space forming member and at which a lead-out port (35b) for a treatment tool opens (Fig. 3A);
a first wall portion that extends from the proximal end wall portion to a distal end side of the distal-end-portion main body (see annotated Fig. 2A), the first wall portion being provided at a position on one direction side of a first direction perpendicular to a longitudinal axis of the distal-end-portion main body with respect to the lead-out port (Figs. 2,3);
a second wall portion that is provided at the elevator-housing-space forming member and that forms (see annotated Fig. 2A), together with the proximal end wall portion and the first wall portion, the elevator housing space (Figs. 2A,3A), the second wall portion facing the first wall portion at a position on another direction side opposite to the one direction side with respect to the lead-out port (Fig. 2A,3A);
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a treatment tool elevator (200) that is disposed in the elevator housing space and that is rotatable between a lying position and an elevated position about a rotary shaft (201b) parallel to the first direction (Fig. 3A), the treatment tool elevator having an elevator main body portion (via portion of the elevator that includes the shaft rotary shaft (201b), Fig. 3A) rotatably held by the rotary shaft, an elevator distal end portion (via portion of the elevator that includes the wire connection portion, Fig. 3A) provided on a distal end side of the elevator main body portion, and a wire connection portion (portion of the elevator that receives the coupling member (213), Fig. 3A) provided at the elevator distal end portion (Fig. 3A); and
an operating wire (211) that is connected to the wire connection portion and that rotates the treatment tool elevator (Fig. 3A),
wherein, when viewed in a second direction perpendicular to both the longitudinal axis and the first direction, a wire distal end portion of the operating wire connected to the wire connection portion is positioned on the other direction side with respect to the elevator main body portion (Figs. 2A,3A show the distal end portion of the operating wire connected to the elevator distal end portion which is positioned on the other direction side with respect to the elevator main body portion),
wherein the second wall portion has:
a first wall surface (via inner surface of cover (120) adjacent regulating portion (207b), see annotated Fig. 3A below) facing the first wall portion at least a portion of which has a shape along a trajectory of the wire connection portion that rotates about the rotary shaft (Figs. 2A,3A-3B); and
a second wall surface (207b, see annotated Fig. 3A below) facing the first wall portion that is provided at a position on the one direction side with respect to the first wall surface and that has a shape extending along a trajectory of the elevator main body portion that rotates about the rotary shaft (Figs. 2A,3A-3B), and
wherein the second wall surface overlaps at least a portion of the wire distal end portion in the first direction when viewed in the second direction (see overlap area in annotated Fig. 2A above).
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In regard to claim 2, Yamaya teaches wherein the wire distal end portion has a shape projecting further from the elevator distal end portion on the other direction side than the elevator main body portion (Fig. 2A,3A).
In regard to claim 3, Yamaya teaches wherein the second wall surface is provided at a position on the one direction side with respect to a center axis of the wire distal end portion when viewed in the second direction (Fig. 2A,3A).
In regard to claim 4, Yamaya teaches wherein the second wall portion has a step surface (top surface of regulating portion (207b)) formed between the first wall surface and the second wall surface (Figs. 2A,3A), and
wherein the step surface has a shape extending along a trajectory of the wire distal end portion that rotates about the rotary shaft (Figs. 2A,3A).
In regard to claim 5, Yamaya teaches wherein the step surface has an arc shape when viewed in the first direction (Figs. 2A,3A).
In regard to claim 6, Yamaya teaches wherein the first wall surface is provided on the other direction side with respect to the operating wire when viewed in the second direction (Figs. 2A,2B).
In regard to claim 7, Yamaya teaches wherein the distal-end-portion main body has the proximal end wall portion and the first wall portion (Fig. 2A,3A), and wherein the elevator-housing-space forming member is a cap (120) having the second wall portion (the second wall portion is defined as the inner wall of cap (120)).
In regard to claim 8, Yamaya teaches wherein an opening window that exposes the elevator housing space when viewed from a distal end side of the cap is formed at a distal end portion of the cap (Fig. 2A,3A).
In regard to claim 10, Yamaya teaches comprising an insert molded body in which the treatment tool elevator and the operating wire are integrated with each other (Par. 102).
In regard to claim 11, Yamaya teaches wherein the treatment tool elevator and the operating wire are formed as separate bodies (Par. 98).
In regard to claim 13, Yamaya teaches wherein the second wall surface is provided at a position on the one direction side with respect to a center axis of the wire distal end portion when viewed in the second direction (Fig. 2A,3A).
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered but they are not persuasive.
Applicant argues:
Claim 1 is rejected as being anticipated by Yamaya ‘507. On pages 4-5 in the Office Action, it appears that the Examiner interprets the two outer surfaces, that is, the side wall surface and the top wall surface of the distal end portion of the endoscope on the side where the elevator housing space is provided (see Fig. 4 of Yamaya- 2021), as corresponding to the first wall surface 100 and the second wall surface 102 in claim 1 of the present application. However, actually, the first wall surface 100 and the second wall surface 102 in claim 1 refer to inner wall surfaces of the second wall portion 86 that face the treatment tool elevator (see Fig. 10). Accordingly, the claimed invention is different from Yamaya ‘507. The same applies to Yamaya ‘370 as well. In order to more clearly recite this claimed feature, claim 1 is amended to clarify that the first wall surface (100) and the second wall surface (102) face the first wall portion. As agreed between the parties during the Interview, neither Yamaya ‘507 or Yamaya ‘370 anticipate or render obvious these claimed features. Therefore, for at least these reasons, and as agreed upon between the parties during the Interview, Applicant respectfully submits that Applicant’s amended claim 1, and for similar reasons, Applicant’s amended claim 12, together with claims dependent thereon, are patentable over the cited art. Reconsideration and allowance thereon, are respectfully requested.
The examiner disagrees since an alternate interpretation of the Yamaya ‘370 reference since the second wall surface can be considered element (207b) which faces the first wall portion. The first wall surface is best illustrated in annotated Fig. 3A below which would also face the first wall portion.
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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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN N HENDERSON whose telephone number is (571)270-1430. The examiner can normally be reached Monday-Friday 6am-5pm (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN N HENDERSON/Primary Examiner, Art Unit 3795 December 13, 2025