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 .
Response to Amendment
Amendments to claims 1, 8, 12, 15, 21, 25, 27 of 11/3/2025 acknowledged and entered.
Cancellation of claim 7 of 11/3/2025 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 7, para. 3, filed 11/3/2025, with respect to claim 8, 15, 25 have been fully considered and are persuasive. The 112b rejection of 8/1/2025 has been withdrawn.
Applicant’s arguments, see p. 7, , filed 11/3/2025, with respect to claims 8, 115, 25 have been fully considered and are persuasive. The 101 rejection of 8/1/2025 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1 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.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-18, 20-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Francher (US 20190313881 A1) in view of Christensen (US 12527464 B2).
Regarding claim 1, Francher teaches An operating device for an endoscope, comprising:
a housing (fig. 3, element 102, 104, [0081], reusable hand piece 102, disposable shaft assembly 104) that is separable into a plurality of case members;
a suction unit (fig. 7a/b, element 140/142, [0086], fluid ports 140, 142) including
a suction button (fig. 11b, element 566, [0105], suction switch 566),
a suction nozzle (fig. 7a/b, element 140/142, [0086], fluid ports 140, 142), and
a connecting pipe ([0086], the fluid connectors can communicate with one or more lumens of the shaft) that connects the suction button and the suction nozzle to each other;
a bending operation portion (fig. 1, element 110, [0081], bending control knob 110) that is used to operate a bendable portion of the endoscope;
a wire (fig. 7a/b, element 322, [0093], articulation wire 322/324) that connects the bending operation portion and the bendable portion to each other;
a guide member (fig. 7a, element 320, [0093] cam assembly 320 is a spool which secures and guides the wire along the longitudinal axis) through which the wire is inserted, and
a support member (fig. 18a/b, element 504, [0099], the proximal section of disposable shaft assembly 504 holds both the cam spool and an electrical connector 720) that supports the guide member,
wherein the plurality of case members include
a first case member (fig. 18b, element 504) including a first mounting portion on which the suction unit is mounted (fig. 18b, element 532, [0102], suction port 532), and
a second case member (fig. 17, element 502, [0099], reusable hand piece 502) which is stuck to the first case member,
the suction unit is partially sandwiched between the first case member and the second case member so that a position of the suction unit in the housing is fixed (fig. 19, part of suction tubing is left exposed), and
the support member is supported only be the first case member out of the first case member and the second case member (fig. 18b, element 504, the proximal portion of the disposable portion, referred to as a support portion, is supported by attachment to the distal portion of the disposable portion).
Francher does not explicitly teach
a circuit board,
a support member that supports the guide member and the circuit board.
However, Christensen teaches
a circuit board (fig. 2, element 40, col. 11, ln. 4-21, circuit board 40),
a support member that supports the guide member and the circuit board (fig. 2, element 26, 55, col. 11, ln. 52- col. 12, ln. 5, circuit board attached to separation component 26; col 13, ln. 27-46, steering were guide portions 55).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the support component of Francher to support a circuit board in addition to an electrical connector as taught in Christensen in order to ensure separation of the guide wires and the circuit board (Christensen col 13, ln. 27-46).
Regarding claim 2, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Francher teaches the device further comprising:
a suction pipe line ([0086], the fluid connectors can communicate with one or more lumens of the shaft) connected to the suction button,
wherein the first case member includes a second mounting portion on which the suction pipe line is mounted (fig. 18b, element 530/532, the suction and tool channels are mounted together on a distal portion of the disposable portion).
Regarding claim 4, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the suction unit further includes a holding member ([0105], hand-piece may include a suction switch 566) that holds the suction button and the suction nozzle.
Regarding claim 6, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the suction button and the suction nozzle are sandwiched between the first case member and the second case member ([0105], hand-piece may include a suction switch 566).
Regarding claim 8, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the first case member and the second case member are separable from each other in a direction perpendicular to a longitudinal direction of the operating device (fig. 3, exploded view of the separated disposable and reusable portions).
Regarding claim 9, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the suction nozzle and the suction button are arranged along a boundary line between the first case member and the second case member (fig. 11b, element 566, fig. 14, suction switch 566 is shown to be on the dividing line between first and second halves of the case member).
Regarding claim 10, Francher in view of Christensen teaches The operating device for an endoscope according to claim 9,
Further, Francher teaches the device wherein the suction nozzle and the suction button are provided at a same side surface of the housing (fig. 11a/b, element 532, [0102], suction port 532 is disposed upon the same side as suction switch 566).
Regarding claim 11, Francher in view of Christensen teaches The operating device for an endoscope according to claim 10,
Further, Francher teaches the device wherein the suction nozzle is disposed at a proximal end side of the endoscope with respect to the suction button (suction port 532 is disposed on the proximal end side of the endoscope alongside the suction button, i.e. the handle).
Regarding claim 12, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the housing includes a first side surface in which the bending operation portion is provided (fig. 11b, left side of the endoscope handle) and
a second side surface (fig. 11b, button 566 and nozzle 532 are disposed along the same face of the handle) that is connected to an edge at a proximal end side of the first side surface and that extends to a distal end side of the endoscope, and the suction nozzle and the suction button are provided on the second side surface.
Regarding claim 13, Francher in view of Christensen teaches The operating device for an endoscope according to claim 12,
Francher teaches the device further comprising:
a cable (fig. 7a/b, element 322, [0093], articulation wire 322/324) that is connected to an external device, wherein the cable is provided in the first side surface at the distal end side of the endoscope.
Regarding claim 14, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein the suction nozzle is rotationally movable (The nozzle, which is disposed upon the handle, would rotate along with the handle were it to also be rotated).
Regarding claim 17, Francher in view of Christensen teaches The operating device for an endoscope according to claim 14,
Further, Francher teaches the device wherein the suction unit has a holding portion that holds a rotational movement position of the suction nozzle (The nozzle, which is disposed upon the handle, would rotate along with the handle were it to also be rotated).
Regarding claim 18, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Further, Francher teaches the device wherein an engaging portion is provided at one of the first case member and the second case member, and a portion to be engaged that is engaged with the engaging portion is provided on the other of the first case member and the second case member (fig. 7a, screws and screw holes are provided for attaching the case pieces together).
Regarding claim 20, Francher in view of Christensen teaches An endoscope comprising: the operating device for an endoscope according to claim 1;
Further, Busch teaches the device comprising an insertion part (fig. 1, element 12, p. 14, para. 1, insertion tube 12).
Regarding claim 21, Francher teaches An operating device for an endoscope, comprising:
A suction button (fig. 11b, element 566, [0105], suction switch 566),
a suction nozzle (fig. 7a/b, element 140/142, [0086], fluid ports 140, 142);
a housing (fig. 3, element 102, 104, [0081], reusable hand piece 102, disposable shaft assembly 104) that accommodates the suction button and the suction nozzle;
a bending operation portion (fig. 1, element 110, [0081], bending control knob 110) that is used to operate a bendable portion of the endoscope;
a wire (fig. 7a/b, element 322, [0093], articulation wire 322/324) that connects the bending operation portion and the bendable portion to each other;
a guide member (fig. 7a, element 320, [0093] cam assembly 320 is a spool which secures and guides the wire along the longitudinal axis) through which the wire is inserted, and
a support member (fig. 18a/b, element 504, [0099], the proximal section of disposable shaft assembly 504 holds both the cam spool and an electrical connector 720) that supports the guide member
wherein the suction button and the suction nozzle are disposed side by side along a longitudinal direction of the operating device (fig. 11b, suction switch 566 is disposed along the same face as suction port 532).
Francher does not explicitly teach
a circuit board,
a support member that supports the guide member and the circuit board.
However, Christensen teaches
a circuit board (fig. 2, element 40, col. 11, ln. 4-21, circuit board 40),
a support member that supports the guide member and the circuit board (fig. 2, element 26, 55, col. 11, ln. 52- col. 12, ln. 5, circuit board attached to separation component 26; col 13, ln. 27-46, steering were guide portions 55).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the support component of Francher to support a circuit board in addition to an electrical connector as taught in Christensen in order to ensure separation of the guide wires and the circuit board (Christensen col 13, ln. 27-46).
Regarding claim 22, Francher in view of Christensen teaches The operating device for an endoscope according to claim 21,
Further, Francher teaches the device wherein the suction button and the suction nozzle are provided on a same side surface of the housing fig. 11b, suction switch 566 is disposed along the same face as suction port 532).
Regarding claim 23, Francher in view of Christensen teaches The operating device for an endoscope according to claim 21,
Further, Francher teaches the device wherein the suction nozzle is disposed at a proximal end side of the endoscope with respect to the suction button (suction port 532 is disposed on the proximal end side of the endoscope alongside the suction button, i.e. the handle).
Regarding claim 24, Francher in view of Christensen teaches The operating device for an endoscope according to claim 23,
Further, Francher teaches the device wherein the suction nozzle is rotationally movable (The nozzle, which is disposed upon the handle, would rotate along with the handle were it to also be rotated).
Regarding claim 26, Francher in view of Christensen teaches The operating device for an endoscope according to claim 24,
Francher teaches the device further comprising: a holding portion that holds a rotational movement position of the suction nozzle ([0105], hand-piece may include a suction switch 566).
Regarding claim 27, Francher in view of Christensen teaches The operating device for an endoscope according to claim 21,
Further, Francher teaches the device wherein the housing includes a first side surface (fig. 11b, left side of the endoscope handle) in which the bending operation portion is provided and
a second side surface (fig. 11b, button 566 and nozzle 532 are disposed along the same face of the handle) that is connected to an edge at a proximal end side of the first side surface and that extends to a distal end side of the endoscope, and the suction nozzle and the suction button are provided on the second side surface.
Regarding claim 28, Francher in view of Christensen teaches The operating device for an endoscope according to claim 21,
Further, Francher teaches the device wherein the housing is separable into a plurality of case members (fig. 3, exploded view of the separated disposable and reusable portions), and
the suction button and the suction nozzle are partially sandwiched between the plurality of case members so that positions of the suction button and of the suction nozzle in the housing are fixed ([0105], hand-piece may include a suction switch 566).
Claim(s) 3, 5, 15, 16, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busch in view of Francher in view of Christensen as applied to claim 1 above, and further in view of Busch (WO 2022128689 A1).
Regarding claim 3, Francher in view of Christensen teaches The operating device for an endoscope according to claim 2,
Francher teaches the device further comprising: a branching member (fig. 18, element 530/532) that branches an insertion pipe line for a treatment tool (fig. 18, element 530) in the endoscope into the suction pipe line and an introduction pipe line for the treatment tool (fig. 3, element 108, [0102] p. 16, para. 3, second channel 108),
Francher in view of Christensen does not explicitly teach wherein the first case member has a third mounting portion on which the branching member is mounted, and
the branching member is partially sandwiched between the first case member and the second case member so that a position of the branching member in the housing is fixed.
However, Busch teaches wherein the first case member has a third mounting portion on which the branching member is mounted (p. 14, para. 3, Y-connector is detachably attached to the handle via a specific structure), and
the branching member is partially sandwiched between the first case member and the second case member so that a position of the branching member in the housing is fixed (p. 14, para. 3, Y-connector is detachably attached to the handle via a specific structure).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the branching member of Francher to be sandwiched as taught in Busch in order to allow for ease of replacement (Busch p. 14, para. 3).
Regarding claim 5, Francher in view of Christensen teaches The operating device for an endoscope according to claim 4,
Francher in view of Christensen does not explicitly teach the device wherein the holding member is sandwiched between the first case member and the second case member.
However, Busch teaches the device wherein the holding member is sandwiched between the first case member and the second case member (fig. 3, element 138, p. 20, para. 2, wings 138 of the connector 100 snap into structures not pictured of the halves 20 and 22).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the branching member of Francher to be sandwiched as taught in Busch in order to allow for ease of replacement (Busch p. 14, para. 3).
Regarding claim 15, Francher in view of Christensen teaches The operating device for an endoscope according to claim 14,
Francher in view of Christensen does not explicitly teach the device wherein the suction nozzle is rotationally movable between a state of facing one side in a direction perpendicular to a longitudinal direction of the operating device and a state of facing the other side in the direction perpendicular to the longitudinal direction.
However, Busch teaches the device wherein the suction nozzle is rotationally movable between a state of facing one side in a direction perpendicular to a longitudinal direction of the operating device and a state of facing the other side in the direction perpendicular to the longitudinal direction (Busch teaches a suction nozzle unfixed from the device and be rotated when detached).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the branching member of Francher to be sandwiched as taught in Busch in order to allow for ease of replacement (Busch p. 14, para. 3).
Regarding claim 16, Francher in view of Christensen teaches The operating device for an endoscope according to claim 14,
Francher in view of Christensen does not explicitly teach the device wherein the housing has a restricting portion that restricts a rotational movement range of the suction nozzle;
However, Busch teaches the device wherein the housing has a restricting portion that restricts a rotational movement range of the suction nozzle (fig. 3, element 138, p. 20, para. 2, wings 138 of the connector 100 snap into structures not pictured of the halves 20 and 22).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the branching member of Francher to be sandwiched as taught in Busch in order to allow for ease of replacement (Busch p. 14, para. 3).
Regarding claim 25, Francher in view of Christensen teaches The operating device for an endoscope according to claim 24,
Francher in view of Christensen does not explicitly teach the device wherein the suction nozzle is rotationally movable between a state of facing one side in a direction perpendicular to a longitudinal direction of the operating device and a state of facing the other side in the direction perpendicular to the longitudinal direction of the operating device.
However, Busch teaches the device wherein the suction nozzle is rotationally movable between a state of facing one side in a direction perpendicular to a longitudinal direction of the operating device and a state of facing the other side in the direction perpendicular to the longitudinal direction (Busch teaches a suction nozzle unfixed from the device and be rotated when detached).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the branching member of Francher to be sandwiched as taught in Busch in order to allow for ease of replacement (Busch p. 14, para. 3).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Francher in view of Christensen as applied to claim 1 above, and further in view of Christensen 888 (US 20240237888 A1).
Regarding claim 19, Francher in view of Christensen teaches The operating device for an endoscope according to claim 1,
Francher in view of Christensen does not explicitly teach the device wherein the first case member and the second case member are each made of a resin.
However, Christensen 888 teaches the device wherein the first case member and the second case member are each made of a resin ([0065], handle housing may be manufactured of an artificial resin).
Conclusion
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 TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795