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 .
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.
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brock et al. (US Pub. No. 2008/0119872 A1).
Regarding claim 9, Brock et al. disclose an access device 180 (Figs. 1A-1C) that guides a treatment tool, the access device 180 comprising: a long flexible tube 184 (Figs. 1A-1C; paragraph [0087]); a sheath 182 (Figs. 1A-1C) that is connected to a proximal end of the flexible tube 184; and a resistance generating part 194 (Figs. 1A-1C) that generates resistance when the treatment tool is inserted (friction resistance with o-ring), wherein the resistance generated by the resistance generating part increases when a distal end of the advancing treatment tool passes through a distal end of the flexible tube or a vicinity of the distal end of the flexible tube inside the flexible tube, and the resistance generated by the resistance generating part decreases after the distal end of the advancing treatment tool passes through the distal end of the flexible tube or the vicinity (the italicized limitations are written with respect to a treatment tool that is not positively recited as part of the access device and are conditional based upon the design of the treatment tool; the access device of Brock et al. has all of the structures that would allow for such a resistance change to happen if the proper treatment tool were to be inserted therein, i.e. a treatment tool with a smaller circumference at its distal end that tapers into a larger circumference proximal end, thereby changing the resistance generated during its advancement).
Allowable Subject Matter
Claims 1-8 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art is found to be the above cited Brocks et al. and examiner cited CN 114903600 (Fig. 10A - ‘41’) & CN 109331325 (Figs. 1-9 showing internal resistance generating protrusions). Brocks et al. fails to further disclose, teach, or suggest a treatment tool having a structure/configuration that would interact with the access device 180 to achieve the function as claimed: wherein the resistance generated by the resistance generating part increases when a distal end of the advancing treatment tool passes through a distal end of the flexible tube or a vicinity of the distal end of the flexible tube inside the flexible tube, and the resistance generated by the resistance generating part decreases after the distal end of the advancing treatment tool passes through the distal end of the flexible tube or the vicinity. Further, both CN 114903600 & CN 109331325 also fail to disclose this.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 March 20, 2026