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 1/20/2026 has been entered. Claims 1-3, 5-21 are pending in the application with claims 1, 3, 5, 7, 9, 10, 14, 18 and 19 amended, claim 5 withdrawn, claim 4 cancelled, and claim 21 newly added.
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.
Claim 20 is 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 20 recites “a first gear provided an in inner circumferential surface of the operation slider” in Line 3, wherein it’s unclear how the first gear is disposed on the operation slider since Fig. 4 illustrates the operation slider as element (28) which has no gear on an inner circumferential surface thereof. However, the operation slider (28) is meant to engage operation knob (27) which does have a gear disposed on an inner circumferential surface thereof. Appropriate correction is required.
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, 2, 8-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamane (JP 2009-183389A).
In regard to claim 1, Yamane discloses a medical apparatus (1, Fig. 1), comprising:
an insertion section (2, 3); and
a treatment instrument channel (35) located in the insertion section, the treatment instrument channel including a coil (32) formed by a wound element wire (Fig. 3),
wherein the coil forms an inner diameter surface of the treatment instrument channel (Figs. 3-5),
wherein the treatment instrument channel is configured to be deformed by an operational force (Fig. 5), and wherein in response to the operational force transmitted to the treatment instrument channel, the coil changes a cross-sectional area of the treatment instrument channel in a direction intersecting an axis of the treatment instrument channel (Figs. 4-5, via axial movement of the channel operation member).
In regard to claim 2, Yamane teaches wherein the direction intersecting the axis is a perpendicular to the axis (Fig. 5).
In regard to claim 8, Yamane teaches further comprising:
an illumination unit (10) configured to illuminate an operation site (Fig. 2), and
an image pickup sensor (11) configured to obtain an image of the operation site (Fig. 2).
In regard to claim 9, Yamane discloses a medical apparatus (1, Fig. 1), comprising:
an insertion section (2, 3);
a treatment instrument channel (35) located in the insertion section (Fig. 3);
a coil (32) formed by a wound element wire and located in at least a part of the treatment instrument channel (Fig. 3); and
a channel operation member (32) coupled to the treatment instrument channel for transmitting an operational force to the coil (Figs. 4-5),
wherein the coil forms an inner diameter surface of the treatment instrument channel (Figs. 3-5),
wherein, in response to the operational force transmitted to the coil by the channel operation member, the coil changes a cross-sectional area of an inside of the treatment instrument channel in a direction intersecting an axis of the treatment instrument channel (Figs. 4-5, via axial movement of the channel operation member).
In regard to claim 10, Yamane discloses a method for positioning a treatment instrument using the medical apparatus (1, Fig. 1) according to claim 1(see rejection of Claim 1), the method comprising:
inserting the treatment instrument to a predetermined position of the treatment instrument channel; and changing the cross-sectional area of the treatment instrument channel in the direction intersecting the axis of the treatment instrument channel (the coil (32) is biased to a closed state to form a seal whether an instrument is within the channel or not and further operation of member (34) enables transitioning between the open and closed states to compress/expand the coil).
In regard to claim 11, Yamane teaches wherein changing the cross-sectional area of the treatment instrument channel includes reducing a diameter partway along a longitudinal axis of the treatment instrument channel (Fig. 5).
In regard to claim 12, Yamane teaches wherein changing the cross-sectional area of the treatment instrument channel includes reducing the cross-sectional area of at least a part of the treatment instrument channel (Fig. 5).
In regard to claim 13, Yamane teaches wherein the operational force is a force in a twisting direction or in a towing direction (via axial displacement of member (34)).
In regard to claim 14, Yamane teaches wherein the method further comprises moving a first part of the treatment instrument channel relative to a second part of the treatment instrument channel around the axis of the treatment instrument channel to transmit the operational force to the second part of the treatment instrument channel (Fig. 5, via the middle section of the coil (32) which engages the bulge is compressed relative to the ends of the coil).
In regard to claim 15, Yamane teaches wherein the treatment instrument includes an end effector, and wherein the predetermined position is a position where the end effector is located distally relative to a position where the cross-sectional area is changed (Par. 14, wherein the distal end of the forceps would be positioned distal to the compressed area of the coil since the coil is disposed at a proximal end of the channel).
In regard to claim 16, Yamane teaches wherein the medical apparatus further comprises an image pickup sensor (11) having a field of view,
wherein the image pickup sensor is located at a distal end of the insertion section, wherein the treatment instrument includes an end effector, and wherein the predetermined position is a position where the end effector is located within the field of view (the coil can be compressed about the forceps shaft while the end effector is disposed within a field of view of the image pickup sensor since the instrument channel opens adjacent a field of view of the image sensor).
In regard to claim 17, Yamane teaches wherein the channel operation member is a ring (Figs. 4-5).
In regard to claim 18, Yamane teaches further comprising:
an operation section (2),
wherein the treatment instrument channel extends from a proximal end located in the operation section to a distal end located in the insertion section (Figs. 1,3),
wherein the treatment instrument channel includes
a channel operation member (34) coupled to the coil for transmitting the operational force to the coil (Figs. 4-5), and
wherein, in response to the operational force transmitted to the coil by the channel operation member, the coil is configured to deform to change the cross-sectional area of the treatment instrument channel in the direction intersecting the axis (via axial displacement of the channel operation member (34), Figs. 4-5).
In regard to claim 19, Yamane teaches wherein the coil is configured to deform to change the cross-sectional area of the treatment instrument channel, and wherein the deformed second part coil has a tapered shape (Fig. 5).
In regard to claim 21, Yamane teaches wherein the treatment instrument channel further includes an outer skin (31) that covers an outer circumference of the coil (Fig. 4).
Claims 1, 3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubokawa (JPS5636935A).
In regard to claim 1, Kubokawa discloses a medical apparatus (1, Figs. 1, 8), comprising:
an insertion section (3); and
a treatment instrument channel located in the insertion section (via channel extending through an inner diameter of the pipe (4)), the treatment instrument channel including a coil (38) formed by a wound element wire (via spiral pipe (38), Fig. 8),
wherein the coil forms an inner diameter surface of the treatment instrument channel (Fig. 8, Par. 2),
wherein the treatment instrument channel is configured to be deformed by an operational force, and wherein in response to the operational force transmitted to the treatment instrument channel, the coil changes a cross-sectional area of the treatment instrument channel in a direction intersecting an axis of the treatment instrument channel (via rotation of operation ring (17) the degree of compression of the spiral pipe (38) is adjusted, Fig. 8).
In regard to claim 3, Kubokawa teaches wherein the treatment instrument channel further includes
a channel operation member (17) coupled to the coil for transmitting the operational force to the coil (Fig. 8, Par. 2),
wherein the channel operation member is rotatable relative to the treatment instrument channel around the axis (Fig. 8, Par. 2), and
wherein a rotation of the channel operation member relative to the treatment instrument channel around the axis transmits the operational force to the treatment instrument channel (Fig. 8, Par. 2).
In regard to claim 6, Kubokawa teaches further comprising a lock (via member (20) which is fixed/locked to the sliding cylinder (15), Fig. 8, Par. 2).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller (US Patent Application Publication No. 2023/0016459).
In regard to claim 1, Miller discloses a medical apparatus (150, Fig. 2), comprising:
an insertion section (151, Fig. 1); and
a treatment instrument channel (34,234) located in the insertion section (Fig. 4B), the treatment instrument channel including a coil formed by a wound element wire (Par. 91 teaches the channel extension (234) can take the form of a coil),
wherein the coil forms an inner diameter surface of the treatment instrument channel (channel extension (234), which is formed by the coil forms an inner diameter surface of the channel, Figs. 17A-17B),
wherein the treatment instrument channel is configured to be deformed by an operational force, and wherein in response to the operational force transmitted to the treatment instrument channel, the coil changes a cross-sectional area of the treatment instrument channel in a direction intersecting an axis of the treatment instrument channel (tilting of the channel extension (234) causes a compressive force within the channel extension, thereby locking an instrument within the channel, Par. 93, Figs. 17A-17B).
In regard to claim 7, Miller teaches further comprising a treatment instrument insertable into the treatment instrument channel, wherein the insertion section includes:
a distal end portion (152) including an opening for leading out the treatment instrument inserted through the treatment instrument channel (Fig. 2),
a bending section (distal section of shaft (151)) provided at a proximal end of the distal end portion (Fig. 2), and
a flexible tube section (proximal section of shaft (151)) provided at a proximal end of the bending section (Fig. 2), and
wherein the coil is provided distally relative to the flexible tube section and deforms to change the cross-sectional area of the treatment instrument channel (the coil is disposed within the distal end portion of the shaft, Figs. 2, 4B).
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 6-21 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.
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 March 15, 2026