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 .
Election/Restrictions
Claims 6 and 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/29/2025.
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.
Claim(s) 1-3, 7, 22-25, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over USPAP 2018/0333044 (Jenkins) in view of US 4771766 (Aoshiro et al.).
Jenkins discloses a channel replacement method to replace a first channel of an endoscope (100) [0039], the first channel (200) including a first distal end (207) and a first rear end (205), the method comprising a step of withdrawing the first channel (200) from the endoscope (100) [0033; 0092].
Jenkins fails to disclose the step of sealing a flow path of the first channel by arranging a first plug at the first distal end and arranging a second plug at the first rear end. Aoshiro discloses another endoscope and teaches the use of plugs (110, 121 and 122) to seal both the distal end and rear end of an endoscope channel to prevent fluid flow therethrough in a desired manner during a method of cleaning the endoscope (Fig. 1; col 5, lines 58-65). Since Jenkins discloses various fluids flowing through a channel during a procedure (for example flush/irrigation fluid [0042]), one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to seal both ends of the first channel of Jenkins with plugs, as taught by Aoshiro, in order to contain the surgical fluids during removal and disposal of the first channel. The modification would have provided the predictable result of containing surgical fluids within the first channel for proper disposal and preventing contamination of surroundings from accidental spillage.
Regarding claim 2, Jenkins discloses a fixing member (locking members 220) attaches the first channel (200) to a first opening (120) of the endoscope [0043; 0050]. The fixing members (200) may be a removable component, such as a luer fit component, clamp, friction fit, latch, etc. [0052; 0060; 0076], wherein the fixing member is understood to be removed (or released from the first channel or endoscope) before withdrawal of the first channel (200) from the endoscope.
In regards to claim 3, Jenkins discloses the endoscope can receive a second replacement working channel [0092; 0096].
Regarding claim 7, Jenkins discloses the channels are inserted from the rear side of an insertion portion of the endoscope towards the distal side.
Regarding claim 22, Jenkins discloses that the fixation provided by the locking members (120/220) of the first channel to the endoscope is released.
Regarding claim 23, the fixation of the locking members (120/220) is released before the first channel (200) can be withdrawn from the endoscope [0052; 0060; 0076].
Regarding claim 24, Jenkins discloses a second replacement working channel inserted into and fixed to the endoscope [0092; 0096].
Regarding claim 25, Jenkins discloses that the rear end (204) of the channel (200) (which corresponds with the second channel since they may have the same configuration) is fixed with a first fixing member (120/220) and the distal end (206) of the channel is fixed to the endoscope with a different fixing member (222) [0043; 0049].
In regards to claim 32, Jenkins as modified by Aoshiro includes a step of inserting plugs into the first channel to prevent fluid flow. It would have been obvious to one of ordinary skill in the art before the effective filing date to perform the step of preventing fluid flow from the channel during the Jenkins method of removing the channel from the endoscope, in order to prevent surgical fluids, such as flush/irrigation fluid [0042], from spilling out from the channel lumen and contaminating the operator’s surroundings.
Allowable Subject Matter
Claims 4, 5, 26-31 and 33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 4: the prior art fails to disclose the concept of mechanically connecting ends of the first and second channels to one another, such that the step of inserting the second channel into the endoscope is achieved by withdrawing the first channel from the endoscope.
Regarding claim 5: the prior art fails to disclose the concept of connecting a line to a plug in the first channel, withdrawing the first line from the endoscope to position the line inside the endoscope, connecting the line to a an end of the second channel, and inserting the second channel into the endoscope by pulling the line connected to the second channel.
In regards to claims 26-27, the Jenkins replaceable channels have locking components at the proximal end which inhibit their removal in a direction towards the distal end of the endoscope.
Regarding claims 28-31 and 33: the prior art fails to disclose the concept of connecting a first plug inserted into the distal end of the first channel to a third plug inserted into the rear end of the second channel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH WEBB ALEMAN whose telephone number is (571)272-5749. The examiner can normally be reached M, Tu, Th, Fr 9am - 3pm.
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/SARAH W ALEMAN/Primary Examiner, Art Unit 3774