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
The amendment filed on 01/20/2026 has been entered. Claims 8-22 are pending.
Applicant’s amendment to the claims have overcome 112 rejections previously set forth in the Non-Final Office Action notified on 12/9/2025.
Claim Rejections - 35 USC § 103
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) 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yan (US 20220104696) in view of Dewaele (US 20130123661).
Regarding claim 8, Yan discloses an insertion equipment comprising:
an insertion section (distal end of the scope 112; FIG. 2 annotated below; Para [0049]) configured to be inserted into a subject;
a distal end member (FIG. 2) provided at a distal end of the insertion section;
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a tube (annular fluid delivery channel 26, FIG. 2; The holes 92, 93 for irrigation function receive the fluid coming from the channel 26; Para [0055]-[0056]) configured to supply a fluid to the distal end member, wherein in the distal end member, the fluid passes through a first flow channel extending in a distal end direction (hole 92; hole 92 has a through a thickness along a length direction of the nozzle 33. Thus, holes 92 provide a flow channel; FIGS. 9A- 9B; The examiner notes that the claim does not define a length of the flow channel.), passes through a second flow channel in a direction different from the distal end direction, is divided (holes 92 and 93 are provided; hole 93 is made through a thickness which provides the second channel; The examiner notes that the claim does not define a length of the flow channel ), is discharged through a first opening (hole 92) in a distal end surface (surface 32), and part of the fluid passes through the second flow channel (thickness of the hole 93 provide a channel) and is discharged through one or more second openings (hole 93) in an outer circumferential surface of the distal end member (FIGS. 11A-11B), and
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a first angle in a circumferential direction about a central axis formed by a first line that connects the central axis of the distal end member and the second openings and a second line that connects the central axis and the sensor is more than 10 degrees (Note that the position in the central axis is not defined. Anywhere, in the central axis may be considered as a reference point for the angle; Note the angles made by these two lines in FIG. 11B, shown by black and green arcs, FIGS. 10-11B, annotated. Note that the first angle in FIG. 11B is in circumferential direction. Since a point in central axis can be selected in any position, the first angle can be formed of more than 10 degrees.).
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Yan does not expressly disclose at least one sensor disposed in the distal end member and configured to detect a physical characteristic of a fluid around the distal end member.
Dewaele is directed to a pressure detection assembly adapted for use with a continuous flow endoscope (abstract) and teaches at least one sensor disposed in the distal end member (Para [0094]) and configured to detect a physical characteristic of a fluid around the distal end member (A pressure detecting body (50) at the distal (30) end of the elongated member (10); claim 1; FIG. 13; para [0094]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yan to include a pressure sensor at the distal end of the Yan’s scope ( 112 ) so that the pressure of the fluid around the distal end could be directly measured during surgery. For example, by way of having a pressure sensor at the distal of the endoscope would avoid need to have another pressure measuring device in the surgical site which would correlate poorly with the actual pressure. By way of having the pressure sensor at the distal end would allow direct measurement of the pressure and would provide more accurate measurement result (see para [0007] of Dewaele).
Regarding claim 9, Yan discloses wherein the distal end member has a probe insertion hole in which a laser probe (Probe portion 112 is provided with a laser 101 which is shown in FIG. 16 annotated below; Para [0062]; Para [0066], sentence 3 provides a laser 101) is inserted, and a second angle formed by the first line and a third line that connects the central axis and an opening of the probe insertion hole is more than 10 degrees (Note the angle formed in Annotated FIG. 11B, is larger than 10 degrees).
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Regarding claim 10, Yan discloses wherein the sensor is disposed in a sensor hole of the distal end member having openings in the distal end surface and the outer circumferential surface (Probe 112 that includes an imaging device, is inserted in the nozzle 33, FIGS. 5, 11B), respectively.
Regarding claim 11, Yan discloses wherein the fluid is discharged through the second openings (Since the angle formed by the hole for the second opening is directed towards the proximal side, the fluid is discharged in proximal direction; FIGS. 10, 11A) in a proximal end direction.
Regarding claim 12, Yan discloses comprising a third opening configured to suction the fluid in the distal end surface (exit hole 41, 71, annotated FIG. 7 below).
Regarding claim 13, Yan discloses comprising at least one projecting region around the third opening (As noted in FIG. 7), the projecting region protruding from the distal end surface.
Regarding claim 14, Yan discloses wherein a distal end of the projecting region is a plane (FIG. 7 where the projection has a planar surface), and the projecting region has an inclined surface (FIG. 7) inclined from the plane at the distal end toward the distal end surface of the distal end member (The inclined surface is towards the distal end.).
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Regarding claim 15, Yan discloses wherein the distal end member has an image pickup unit (metal-oxide semiconductor (CMOS) sensor and lens 29; FIG. 2, 5 annotated above; para [0064])), and the fluid is divided by the image pickup unit which is a flow dividing member (The fluid that passes through the annular channel 26, FIG. 5, is divided by the imaging device. Para [0049]).
Regarding claim 16, Yan discloses wherein the image pickup unit is substantially prismatic (Lens 29 is prismatic because it can be considered as a combination of a small flat pieces of prisms put together. The claim does not call for a prism as shown in FIG. 16 of the instant application), and the fluid is discharged through the first opening having a frame shape (FIG. 11B; Fluid through holes are frame shaped) in the distal end direction along one or more side surfaces of the image pickup unit.
Regarding claim 17, Yan discloses wherein the distal end member has a first distal end member (Window portion above the lens 29 that allows the fluid flow/circulate; FIG. 2) and a second distal end member (Nozzle 33 can be considered as the second distal end member;) arranged on a distal end side of the first distal end member (FIG. 2).
Regarding claim 18, Yan discloses wherein the second distal end member configures the first opening (Nozzle 33 provides the holes 92, 93) in conjunction with the image pickup unit (FIG.5).
Regarding claim 19, Yan discloses wherein the second distal end member (Nozzle 33 can be considered as the second distal end member.) has a cutout that serves as the second openings in an outer circumferential surface (Second opening is a cut out along a radial direction of Nozzle 33. FIG. 10).
Regarding claim 20, Yan discloses wherein the cutout in the second distal end member forms the second flow channel (Holes 92 and 93 provides channels.) by arranging the second distal end member in the first distal end member (Nozzle 33 surround the opening above the lens. FIG. 5).
Regarding claim 21, Yan, as modified teaches an image pickup unit disposed in the distal end member (Yan: FIG. 5), wherein the at least one sensor is provided spaced apart from the image pickup unit (Dewaele: When the sensor is disposed inside the distal end member, it will be spaced apart from the image pickup unit.).
Regarding claim 22, Yan, as modified teaches wherein the at least one sensor is provided at a recess opening outward (a recess opening can be made to attach the sensor at the outer circumferential surface of the distal end member) at an outer circumferential surface of the distal end member, the recess not being in communication with the first flow channel or the second flow channel (Dewaele: Such recess opening would not necessarily have any communication with the flow channels because this recess opening is made for housing the sensor.).
Response to Arguments
Applicant' s arguments dated 01/20/2026 have been fully considered and are persuasive. Therefore, the rejection dated 12/09/2025 has been withdrawn. However, upon further consideration a new rejection has been made in view of amendment.
The newly recited feature “at least one sensor disposed in the distal end member and configured to detect a physical characteristic of a fluid around the distal end member,” is taught by Dewaele. Dewaele teaches a pressure detecting body (50) at the distal (30) end of the elongated member (10); see claim 1; FIG. 13; para [0094] of Dewaele.
See rejection set forth above under 103.
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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 02/22/26