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 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.
Response to Amendment
The Response filed August 27, 2025 has been entered. Claims 1-7 and 9-15 are pending in the application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7, and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shibata (U.S. Patent Application Publication No. 20050261735).
Regarding claim 1, Shibata discloses a hemostatic forceps for an endoscope (Figs. 1-5; the endoscopic forceps unit is capable of functioning as hemostatic forceps, such as by closing the forceps on tissue and/or distributing a hemostatic liquid onto tissue), comprising:
a handle part (20; Fig. 5);
a slider (22; Fig. 5) slidably disposed on the handle part (para. [0028]);
a fluid injection part (23; Fig. 5)) connected to the handle part and having a fluid injection port (23) configured to receive fluid therethrough (para. [0029]);
an outer tube (1; Fig. 5) extending from an inner hollow of the fluid injection part;
a housing (4; Figs. 1-2) coupled to an end of the outer tube (para. 0031]);
a pair of pincer pieces (3; Figs. 1-2) disposed on the housing, the pair of pincer pieces being openable and closable relative to each other (para. [0034]);
a pair of wires (2; Figs. 1-2) each having two opposite ends respectively connected to the pair of pincer pieces and the slider (paras. [0027]-[0028], [0034]); and
an inner tube (7) disposed in the outer tube surrounds the pair of wires (Figs. 1-3; para. [0033]),
wherein the hemostatic forceps includes a space between the outer tube and the inner tube (Fig. 3) and is configured to flow the fluid from the fluid injection port through the space between the outer tube and the inner tube to spray the fluid through a hollow portion of the housing to an outside (Fig. 3; paras. [0035]-[0037]; as liquid feed tube (10) is positioned in the space between bundling tube (7) and sheath (1) to distribute liquid through end support frame (4), the forceps are structured to be capable of flowing fluid from the fluid injection port through the space to spray the fluid through a hollow portion of the housing to an outside).
Regarding claim 7, Shibata discloses wherein a distal end of the inner tube (7) is spaced apart from an end of the housing at a predetermined distance (Figs. 1-2).
Regarding claim 9, Shibata discloses wherein a coil (1a) is wound around an inner surface of the outer tube (Figs. 1-2; para. [0030]).
Regarding claim 10, Shibata discloses wherein a protection tube (proximal portion of housing (4); annotated Fig. 1 below) is coupled to a distal end of the fluid injection part (e.g., via connection with sheath (1)) and surrounds the outer tube (1).
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Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Shibata in view of Sugita (U.S. Patent Application Publication No. 20070198011).
Regarding claim 2, the device of Shibata discloses the invention substantially as claimed, except for the housing including first and second members.
Sugita, a reference in the endoscopic forceps field of endeavor, teaches providing a forceps with a housing (Fig. 2) including a first member (5) coupled to an end of an outer tube (1); and a second member (4) rotatably coupled to the first member (para. [0030]), and wherein a pair of pincer pieces (2) is positioned on the second member (para. [0031]), to allow rotation of the pincer pieces relative to the outer member during a procedure (para.[0044]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing (4) of Shibata to include a first member coupled to an end of the outer tube; and a second member rotatably coupled to the first member, and wherein the pair of pincer pieces is positioned on the second member, in view of Sugita, in order to facilitate proper orientation of the pincer pieces within a patient during a procedure.
Regarding claim 3, Sugita discloses wherein the second member is rotatably coupled to the first member by a connection member (4b), one end of the connection member is fixedly coupled to an inner side of the second member (Fig. 2), and another end of the connection member is coupled to an inner stepped portion of the first member (Fig. 2; para. [0030]).
Regarding claim 4, Sugita discloses wherein the second member comprises a plurality of hook parts (4b) protruding toward the first member, and the plurality of hook parts is coupled to an inner stepped portion of the first member (Fig. 2; para. [0030]).
Regarding claim 5, Sugita discloses wherein the inner stepped portion of the first member is defined on an inner surface of the first member such that a height of the inner stepped portion increases in a direction toward the second member (Fig. 2; para. [0030]).
Regarding claim 6, Sugita discloses wherein a distal end surface of the first member (distally-facing surface of engaging portion (X); annotated Fig. 2 below) and a surface of the second member (proximally-facing surface of frame (4))facing the distal end surface of the first member in an axial direction are spaced apart from each other (Fig. 2).
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Claims 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (U.S. Patent Application Publication No. 20130289617; hereinafter “Suzuki ‘617”) in view of Sugita.
Regarding claim 11, Suzuki ‘617 discloses hemostatic forceps for an endoscope (Fig. 1), comprising:
a handle part (40);
a slider (43) slidably disposed on the handle part;
a rotary dial part (42) connected to the handle part;
an outer tube (31) extending from the rotary dial part;
a housing (11) coupled to an end of the outer tube;
a pair of pincer pieces (12, 13) disposed on the housing, the pair of pincer pieces being openable and closable relative to each other (para. [0030]);
a pair of wires (19, 21) each having two opposite ends respectively connected to the pair of pincer pieces (via respective link rotation axes (18, 20); Fig. 1; para. [0034]) and the slider (via connection with manipulation wire (34); Fig. 1; para. [0048]); and
an inner tube (15; the term “inner tube” is interpreted broadly as the claim does not specify a structure relative to which the tube is considered “inner”) disposed in the outer tube (cylindrical portion (15) is shown embedded in the wall of sheath (31); Fig. 1) and configured to surround the pair of wires (annular engaging portion (15a) surrounds proximal ends of links (19 ,21); Fig. 1).
The device of Suzuki ‘617 discloses the invention substantially as claimed, except for the housing including first and second members.
Sugita, a reference in the endoscopic forceps field of endeavor, teaches providing a forceps with a housing (Fig. 2) including a first member (5) coupled to an end of an outer tube (1); and a second member (4) rotatably coupled to the first member (para. [0030]), and wherein a pair of pincer pieces (2) is positioned on the second member (para. [0031]), and wherein a distal end surface of the first member (distally-facing surface of engaging portion (X); annotated Fig. 2 below) and a surface of the second member (proximally-facing surface of frame (4)) facing the distal end surface of the first member in an axial direction are spaced apart from each other (Fig. 2).
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Sugita discloses that such a configuration allows rotation of the pincer pieces relative to the outer member during a procedure (para.[0044]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing (11) of Suzuki ‘617 to include a first member coupled to an end of the outer tube; and a second member rotatably coupled to the first member, wherein the pair of pincer pieces is positioned on the second member, and wherein a distal end surface of the first member and a surface of the second member facing the distal end surface of the first member in an axial direction are spaced apart from each other, in view of Sugita, in order to facilitate proper orientation of the pincer pieces within a patient during a procedure.
Regarding claim 12, Suzuki ‘617 discloses wherein the rotary dial part comprises:
a holder part fixedly coupled to the handle part and having a pair of holder arms spaced apart from each other along a longitudinal direction of the rotary dial part (annotated Fig. 2);
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a pipe (45) connected to the pair of holder arms of the holder part while penetrating the pair of holder arms along the longitudinal direction of the rotary dial part (Fig. 2) ; and
a rotary dial (42) rotatably disposed between the pair of holder arms of the holder part, and wherein the pipe is disposed in the rotary dial (para. [0054]).
Regarding claim 13, Suzuki ‘617 discloses wherein the rotary dial has a through-hole (46) in a longitudinal direction, and the pipe is disposed in the through-hole, the pipe being configured to rotate together with the rotary dial when the rotary dial rotates (para. [0052]).
Regarding claim 14, Suzuki ‘617 discloses wherein the through-hole of the rotary dial has a first polygonal shape (para. [0052]), and a cross-section of the pipe has a second polygonal shape (para. [0051]) substantially identical to the first polygonal shape of the through-hole (Fig. 3; para. [0054]).
Regarding claim 15, Suzuki ‘617 discloses wherein the pair of wires is connected to the pipe (via connection with manipulation wire (34); Fig. 1; para. [0048]), configured to rotate together with the pipe by a rotation of the pipe and configured to rotate the pair of pincer pieces coupled to distal ends of the pair of wires (para. [0055]).
Response to Arguments
Applicant's arguments filed August 27, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 1 (Response pp. 7-9) have been considered but are moot because the new ground of rejection over Shibata presented in this Office Action. The new grounds 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.
Applicant’s argument that Sugita fails to disclose “a distal end surface of the first member and a surface of the second member facing the distal end surface of the first member in an axial direction are spaced apart from each other” as recited in claim 11 (Response pp. 9-12) is not persuasive.
As can be seen in annotated Fig. 2 of Sugita below, the distally-facing surface of engaging portion (X) faces the proximally-facing surface of frame (4) and there is a space between the surfaces.
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Thus, Sugita discloses a distal end surface of the first member (distally-facing surface of engaging portion (X)) and a surface of the second member (proximally-facing surface of frame (4)) facing the distal end surface of the first member in an axial direction are spaced apart from each other and meets the claimed limitation.
For all the reasons above, Examiner maintains that the claimed invention is not allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Freeman (U.S. Patent No. 6074408) disclosing a forceps device with an irrigation part (Fig. 1).
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 Jonathan A Hollm whose telephone number is (703)756-1514. The examiner can normally be reached Mon - Fri 8:30-5:30.
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/J.A.H/Jonathan HollmExaminer, Art Unit 3771
/ELIZABETH HOUSTON/Supervisory Patent Examiner, Art Unit 3771