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
The Amendment filed March 9th, 2026 has been entered. Claims 1-3, 5-8 and 19 have been amended. Claims 13, 16-17, and 20 have been cancelled and Claims 21-23 are new. Claims 1-12, 14-15, 18-19 and 21-23 are now pending in the application, with claims 3-5 and 10 withdrawn. The previous 35 U.S.C. 112(b) rejection of claim 1, as well as, interpretation under 112 (f) of claim 1 are withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-9, 12, 14-15, 18-19, 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (US 20170354319 A1, hereinafter Sato).
Regarding Claim 1, Sato discloses
An endoscope (endoscope 2, FIG. 1), comprising:
an insertion section (long insertion portion 10, FIG. 1) to be inserted into a subject (par. 22 discloses insertion portion inserted into subject);
an operation section (operation portion 11, FIG. 1) connected to a proximal end side of the insertion section (depicted in FIG. 1);
a first connector (rear grasping portion 22, FIG. 1) including a guide portion (bend preventing portion 40 + movable joint portion 41, FIG. 1) configured to guide a cable inserted through the guide portion (par. 39 discloses various signal wires, i.e. cable, are inserted through universal cord, FIGS. 1-2, par. 41 disclose bend preventing portion covers the universal portion and connects it to operation portion, i.e. guiding the wires within the universal cord),
the guide portion being rotatable relative to the operation section (depicted in FIGS. 2-3); and
a tube (universal cable 12, FIG. 1) including the cable (par. 39 discloses universal cables comprises signal wires) and
connected to the operation section via the first connector (depicted in FIG. 1),
the cable being inserted through the operation section (par. 39 discloses signal wires are inserted through operation portion),
wherein the first connector is movable between a first state (second direction, FIG. 3) and a second state (first direction, FIG. 2) to change an extending direction of the tube extending from the operation section by turning the guide portion relative to the operation section while maintaining a connection between the insertion section and the tube (depicted in FIGS. 2-3), and
wherein a distance between a proximal end of the tube and the operation section in the second state is smaller than a distance between the proximal end of the tube and the operation section in the first state (depicted in FIGS. 2-3).
Regarding Claim 2, Sato discloses
The endoscope according to claim 1,
wherein the first connector rotates around a rotation axis (pivot axis O3 + second longitudinal axis O2, FIGS. 2-3, par. 43-44 disclose rear grasping portion is inclined with respect to the second longitudinal axis and forms a different angle based on what state the grasping portion is in, FIGS. 2-3 depict the movable joint portion of the grasping portion rotating about this axis),
wherein the rotation axis intersects the extending direction (depicted in FIGS. 2-3).
Regarding Claim 6, Sato discloses
The endoscope according to claim 2, wherein the guide portion includes:
a first body (substantially cylindrical shaft member 47 + outer barrel member 50, FIGS. 5-6),
a first cutout region (left side of projection portion 50a, FIG. 5) formed in the first body (depicted in FIG. 5), and
a second cutout region (right side of projection portion 50a, FIG. 5) formed in the first body (depicted in FIG. 5).
Regarding Claim 7, Sato discloses
The endoscope according to claim 6,
wherein the guide portion further includes:
a third cutout region (space taken up by stopper pin 49, FIG. 5) formed in the first body and connecting the first cutout region and the second cutout region (depicted in FIG. 5),
wherein a width of the third cutout region in a direction of the rotation axis is smaller than a width of the first cutout region in the direction of the rotation axis (depicted in FIG. 5).
Regarding Claim 8, Sato discloses
The endoscope according to claim 6,
wherein the first connector further includes a second body (inner barrel member 51, FIGS. 5-6) inserted into the first body (FIG. 5, par. 49 disclose inner barrel fitted in shaft member),
wherein the first body rotates relative to the second body (par. 49 discloses movable joint members, i.e. outer barrel member, are pivotable relative to a center axis of the shaft member, i.e. pivotable relative to each other),
wherein the second body includes a projection (engagement portion 51a, FIG. 4) on an outer circumferential surface of the second body (depicted in FIGS. 4-6), and
wherein the projection restricts rotation of the first body relative to the second body (par. 49 discloses engagement portion causes connection between both bodies which ties their rotation together, par. 51 discloses stopper pin which abuts against the projection portion, i.e. restricting rotation for both bodies due to the connection).
Regarding Claim 9, Sato discloses
The endoscope according to claim 8,
wherein the projection extends through the first cutout region (depicted in FIG. 4), and
wherein, when the first body rotates relative to the second body,
the projection contacts a periphery surface (entirety of projection portion 50a, FIG. 5) of the first cutout region to restrict rotation of the first body relative to the second body (par. 49 discloses engagement portion causes connection between both bodies which ties their rotation together, par. 51 discloses stopper pin which abuts against the projection portion, i.e. restricting rotation for both bodies due to the connection, FIG. 4 depicts potential contact between engagement portion and projection portion).
Regarding Claim 12, Sato discloses
The endoscope according to claim 1, wherein the cable is at least one of an electric cable, an optical fiber, a gas feeding tube, and a liquid feeding tube (par. 39 discloses cable is signal wire, i.e. electric cable).
Regarding Claim 14, Sato discloses
The endoscope according to claim 1,
wherein in the first state, the tube is located at a first angle (angle θ2, FIG. 3) with respect to a longitudinal axis of the operation section (FIG. 3, par. 44 disclose second angle is 90 degrees with respect to second longitudinal axis, i.e. even larger with respect to first longitudinal axis of operation portion),
wherein, in the second state, the tube is located at a second angle with respect to the longitudinal axis of the operation section (FIG. 2, par. 43 disclose first angle is 35 degrees with respect to second longitudinal axis, i.e. larger with respect to first longitudinal axis of operation portion, however not as large as second angle), and
wherein the first angle is larger than the second angle (depicted in FIGS. 2-3).
Regarding Claim 15, Sato discloses
An endoscope transportation unit (cleaning basin 60 + endoscope 2, FIG. 9), comprising:
the endoscope according to claim 14 (depicted in FIG. 9, see claim 14 rejection); and
a case (cleaning basin 60, FIG. 9) that stores the endoscope (depicted in FIG. 9),
wherein, when the endoscope is in the second state, a width of the endoscope is less than a width of the case (FIG. 9, par. 69-70 disclose endoscope is oriented in the first direction to be effectively stored within cleaning basin).
Regarding Claim 18, Sato discloses
An endoscope transportation unit (cleaning basin 60 + endoscope 2, FIG. 9), comprising:
the endoscope according to claim 1 (depicted in FIG. 9, see claim 1 rejection); and
a case (cleaning basin 60, FIG. 9) that stores the endoscope (depicted in FIG. 9).
Regarding Claim 19, Sato discloses
The endoscope transportation unit according to claim 18,
wherein at least a part of the case has a first rigidity (par. 70 wall surface is rigid),
wherein the first connector including a first body (rear grasping portion body 22, FIG. 1) has a second rigidity (par. 71 discloses flexibility of rear grasping portion), and
wherein the first rigidity is larger than the second rigidity (par. 70-71 disclose rear grasping portion more flexible than wall surface of basin).
Regarding Claim 21, Sato discloses
The endoscope according to claim 2, wherein the rotation axis (O2) of the guide portion relative to the operation section intersects a longitudinal axis (longitudinal axis O1, FIG. 1) of the operation section (depicted in FIGS. 2-3).
Regarding Claim 22, Sato discloses
The endoscope according to claim 1,
wherein the first connector includes an arm (bend preventing portion 40, FIG. 2) having a first end connected to the guide portion and a second end connected to the tube (FIG. 2 depicts bend preventing portion connected to movable joint at one end and the universal cord at the other end),
wherein the first state is a used state in which the arm is disposed in a direction separating from a longitudinal axis of the operation section (depicted in FIG. 3), and
wherein the second state is an unused state in which the arm is turned so as to be folded toward the operation section and is disposed in a direction close to the operation section (depicted in FIG. 2).
Regarding Claim 23, Sato discloses
The endoscope according to claim 8, wherein the second body is fixed to the operation section (depicted in FIG. 4).
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 20170354319 A1, hereinafter Sato) in view of Onuki et al. (US 20130184528 A1, hereinafter Onuki).
Regarding Claim 11, Sato discloses all of the elements of the current invention disclosed in claim 8, however, Sato does not disclose wherein the projection is formed of silicone resin.
Onuki teaches an analogous endoscope (1, FIG. 1) having two different operation bodies (50 + 130, i.e. operation section) which are connected via a rotable attachment to a connector unit (holder 54 + branch member 33) which connects both of the operation portions to an overtube (2, i.e. tube) which accepts an insertion section (30/110, i.e. cable) from each [FIG. 1, 0101-0102]. The operation sections are detachable from one another (i.e., via the connector unit) and the connector unit has two portions, holder (54, i.e. first region) and branch member (33, i.e. second region); the establishment of a connection, via attachment to holder/ branch member, allows for relative rotation between the tubes of the operation portions [0104]. Moreover, a connection region between the holder (54) and branch member (33) can be bent which limits the endoscope’s ability to manipulate the insertion sections upon coupling to the holder, this problem is avoided via a reinforcement member (41, i.e. projection), which connects the two regions of the connector unit and is made of a resign material in order to make it difficult for the region to bend during use, i.e. during coupling [FIG. 1, 0141].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the projection of Sato with the resin material of Onuki in order to provide a material capable of preventing unwanted bending during coupling of the connector unit regions [Onuki - 0141].
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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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 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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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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