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 .
Acknowledgments
In the reply, filed on October 23, 2023, Applicant amended claims 1-16.
Applicant cancelled claims 17-18.
Currently, claims 1-16 are under examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the recessed socket (26) of the first through lumen has a diameter greater than the recessed socket (23) of the second through lumen” (claim 5, lines 3-4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because:
In line 1, “an air tube and (34)” should be changed to “an air tube (34) and”
In line 1, “comprises” should be changed to “the connector comprises”
In line 2, “a housing (21” should be changed to “a housing (21)”
In line 4, “a water tube (35)” should be changed to “the water tube (35)”
In line 5, “the proximal openings” should be changed to “the proximal opening of the first through lumen and the proximal opening of the second through lumen”
In line 6, “the distal openings” should be changed to “the distal opening of the first through lumen and the distal opening of the second through lumen”
In line 6, “distal part” should be changed to “the distal part”
Line 7 recites “the distal part of the housing”. Lines 5-6 previously recite “a two-part connector comprising… a distal part”. Thus, the distal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the distal part” being “of the housing”
In line 8, “The distal openings” should be changed to “The distal opening of the first through lumen and the distal opening of the second through lumen”
Line 8 recites “an air-water (AW) port”. Line 3 previously recites “an air port”, and line 4 previously recites “a water port”. It is unclear whether the recitations are the same component or different components
Line 8 recites “an endoscope”. Line 1 previously recites “a medical instrument”. It is unclear whether the recitations are the same component or different components
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-7, 10, and 13-16 are objected to because of the following informalities:
In regards to claim 1, line 2, “an air tube and (34)” should be changed to “an air tube (34) and”.
In regards to claim 1, line 2, “a housing (21” should be changed to “a housing (21)”.
In regards to claim 1, line 8, “a water tube (35)” should be changed to “the water tube (35)”.
In regards to claim 1, line 11, “the proximal openings” should be changed to “the proximal opening of the first through lumen and the proximal opening of the second through lumen”.
In regards to claim 1, line 12, “the distal openings” should be changed to “the distal opening of the first through lumen and the distal opening of the second through lumen”.
In regards to claim 1, line 12, “distal part” should be changed to “the distal part”.
In regards to claim 2, line 1, “is” should be changed to “in”.
In regards to claim 2, lines 1-2, “the distal openings” should be changed to “the distal opening of the first through lumen and the distal opening of the second through lumen”.
In regards to claim 3, line 1, “is” should be changed to “in”.
In regards to claim 3, lines 1-2, “the distal openings” should be changed to “the distal opening of the first through lumen and the distal opening of the second through lumen”.
In regards to claim 4, line 2, “each proximal opening” should be changed to “each of the proximal opening of the first through lumen and the proximal opening of the second through lumen”.
In regards to claim 4, line 3, “an air or water tube” should be changed to “the air tube and the water tube”.
In regards to claim 5, line 2, “each proximal opening” should be changed to “each of the proximal opening of the first through lumen and the proximal opening of the second through lumen”.
In regards to claim 5, line 3, “an air or water tube” should be changed to “the air tube and the water tube”.
In regards to claim 6, line 2, “distal part” should be changed to “the distal part”.
In regards to claim 7, line 2, “(31)” should be changed to “(21)”.
In regards to claim 7, lines 4-5, “the distal and proximal parts” should be changed to “the distal part and the proximal part”.
In regards to claim 10, line 3, “water port” should be changed to “the water port”.
In regards to claim 13, line 3, “an air tube and (34)” should be changed to “an air tube (34) and”.
In regards to claim 13, line 4, “a housing (21” should be changed to “a housing (21)”.
In regards to claim 13, line 9, “a water tube (35)” should be changed to “the water tube (35)”.
In regards to claim 13, line 12, “the proximal openings” should be changed to “the proximal opening of the first through lumen and the proximal opening of the second through lumen”.
In regards to claim 13, lines 12-13, “the distal openings” should be changed to “the distal opening of the first through lumen and the distal opening of the second through lumen”.
In regards to claim 13, line 13, “distal part” should be changed to “the distal part”.
In regards to claim 13, line 16, “a water tube (35)” should be changed to “the water tube (35)”.
In regards to claim 13, line 17, “the proximal opening” should be changed to “the proximal opening of the second through lumen”.
In regards to claim 13, line 18, “an air tube (34)” should be changed to “the air tube (34)”.
In regards to claim 13, line 19, “the proximal opening” should be changed to “the proximal opening of the first through lumen”.
In regards to claim 14, lines 1-2, “the distal ends of the air and water tubes” should be changed to “the distal end of the air tube and the distal end of the water tube”.
In regards to claim 15, line 3, “air tube” should be changed to “the air tube”.
In regards to claim 15, line 3, “the air and water tubes” should be changed to “the air tube and the water tube”.
In regards to claim 16, line 2, “the second tube” should be changed to “the air tube”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 1, line 14 recites “the distal part of the housing”. Lines 10-11 previously recite “a two-part connector comprising… a distal part”. Thus, the distal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the distal part” being “of the housing”. Claims 2-12 are rejected by virtue of being dependent upon claim 1. Claim 7, line 2 also recites the unclear term “the distal part (29) of the housing”. Claim 7, lines 4-5 also recite the unclear term “the distal… part[s] of the housing”.
In regards to claim 2, line 2 recites “air and water ports”. Claim 2 depends upon claim 1. Claim 1, line 6 recites “an air port” and line 9 recites “a water port”. It is unclear whether the recitations are the same component or different components.
In regards to claim 2, line 3 recites “a scoping device”. Claim 2 depends upon claim 1. Claim 1, line 6 recites “a medical instrument”. It is unclear whether the recitations are the same component or different components.
In regards to claim 3, line 2 recites “an air-water port”. Claim 3 depends upon claim 1. Claim 1, line 6 recites “an air port” and line 9 recites “a water port”. It is unclear whether the recitations are the same component or different components.
In regards to claim 3, line 3 recites “an endoscope”. Claim 3 depends upon claim 1. Claim 1, line 6 recites “a medical instrument”. It is unclear whether the recitations are the same component or different components.
In regards to claim 5, lines 3-4 recite “the recessed socket (26) of the first through lumen”. Claim 5, line 2 previously recites “each proximal opening (23, 26) comprises a recessed socket”. Thus, the recessed socket is a component of each proximal opening, and not of the first through lumen. There is insufficient antecedent basis for “the recessed socket” being “of the first through lumen”.
In regards to claim 5, line 4 recites “the recessed socket (23) of the second through lumen”. Claim 5, line 2 previously recites “each proximal opening (23, 26) comprises a recessed socket”. Thus, the recessed socket is a component of each proximal opening, and not of the second through lumen. There is insufficient antecedent basis for “the recessed socket” being “of the second through lumen”.
In regards to claim 6, line 2 recites “detachable friction-fit engagement”. Claim 6 depends upon claim 1. Claim 1, line 13 recites “detachable engagement”. It is unclear whether the recitations are the same component or different components.
In regards to claim 7, line 3 recites “the proximal part (28) of the housing” and line 5 recites “proximal part[s] of the housing”. Claim 7 depends upon claim 1. Claim 1, lines 10-11 recite “a two-part connector comprising a proximal part”. Thus, the proximal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the proximal part” being “of the housing”.
In regards to claim 10, lines 2-3 recite “the proximal part (28) of the housing”. Claim 10 depends upon claim 9, which depends upon claim 1. Claim 1, lines 10-11 recite “a two-part connector comprising a proximal part”. Thus, the proximal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the proximal part” being “of the housing”.
In regards to claim 11, lines 2-3 recite “the proximal part (28) of the housing”. Claim 11 depends upon claim 9, which depends upon claim 1. Claim 1, lines 10-11 recite “a two-part connector comprising a proximal part”. Thus, the proximal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the proximal part” being “of the housing”.
In regards to claim 13, line 15 recites “the distal part of the housing”. Lines 11-12 previously recite “a two-part connector comprising… a distal part”. Thus, the distal part is a component of the two-part component, and not of the housing. There is insufficient antecedent basis for “the distal part” being “of the housing”. Claims 14-16 are rejected by virtue of being dependent upon claim 13.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6, 8, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazuyoshi et al (JP 2014140459).
In regards to claim 1, Kazuyoshi et al teaches a connector (54)(Figures 3-11) to fluidically connect a medical instrument with an air tube and a water tube (Figure 3), the connector comprising a housing (54) having:
a first through lumen (labeled in Figure 5 below) with a proximal opening (labeled in Figure 5 below) configured to couple with the air tube (Figure 5) and a distal opening (labeled in Figure 5 below) configured to couple with an air port of the medical instrument (Figure 6)
a second through lumen (labeled in Figure 5 below) with a proximal opening (labeled in Figure 5 below) configured to couple with a water tube (Figure 5) and a distal opening (labeled in Figure 5 below) configured to couple with a water port of the medical instrument (Figure 6)
wherein the connector is a two-part connector comprising a proximal part (62b/56/57) comprising the proximal openings and a distal part (61) comprising the distal openings, wherein the proximal part and distal part are configured for detachable engagement (Figures 4-5), and wherein the second through lumen comprises a non-return valve (59) disposed in the distal part of the housing
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In regards to claim 2, Kazuyoshi et al teaches is which the distal openings are configured to fluidically connect with air and water ports of a scoping device (Figure 6).
In regards to claim 3, Kazuyoshi et al teaches is which the distal openings are configured to fluidically connect with an air-water port of an endoscope (Figure 6).
In regards to claim 6, Kazuyoshi et al teaches in which the proximal part and distal part are configured for detachable friction-fit engagement (Figures 4-5).
In regards to claim 8, Kazuyoshi et al teaches in which the proximal part comprises a housing section (62b) dimensioned to receive the distal part (Figure 5).
In regards to claim 12, Kazuyoshi et al teaches in which the distal opening of the second through lumen is recessed proximally relative to the distal opening of the first through lumen (Figure 5).
In regards to claim 13, Kazuyoshi et al teaches an air and water tube assembly (Figures 3-11) comprising:
a connector (54) to fluidically connect a medical instrument with an air tube and a water tube (Figure 3), the connector comprising a housing (54) having:
a first through lumen (labeled in Figure 5 above) with a proximal opening (labeled in Figure 5 above) configured to couple with the air tube (Figure 5) and a distal opening (labeled in Figure 5 above) configured to couple with an air port of the medical instrument (Figure 6)
a second through lumen (labeled in Figure 5 above) with a proximal opening (labeled in Figure 5 above) configured to couple with a water tube (Figure 5) and a distal opening (labeled in Figure 5 above) configured to couple with a water port of the medical instrument (Figure 6)
wherein the connector is a two-part connector comprising a proximal part (62b/56/57) comprising the proximal openings and a distal part (61) comprising the distal openings, wherein the proximal part and distal part are configured for detachable engagement (Figures 4-5), and wherein the second through lumen comprises a non-return valve (59) disposed in the distal part of the housing
a water tube (liquid supply tube)(water)(53b) having a distal end fluidically coupled to the second through lumen via the proximal opening (Figure 5)
an air tube (air supply tube)(53a) having a distal end fluidically coupled to the first through lumen via the proximal opening (Figure 5)
In regards to claim 14, Kazuyoshi et al teaches in which the distal ends of the air and water tubes are non-detachably attached to the connector (Figure 5).
In regards to claim 15, Kazuyoshi et al teaches including a bottle (51) and a bottle cap (52) non-detachably connected to a proximal part of the water tube and air tube to fluidically connect the bottle with the air and water tubes when the cap is attached to the bottle (Figure 3).
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.
Claims 4-5, 7, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuyoshi et al, as applied to claims 1 and 13 above, and further in view of Briggs (US 2019/0117046).
In regards to claim 4, Kazuyoshi et al does not teach in which each proximal opening comprises a recessed socket dimensioned to receive an end of an air or water tube, as Kazuyoshi et al instead teaches in which each end of an air and water tube (53) comprises a recessed socket (53a/53b) dimensioned to receive each proximal opening (Figure 5). Briggs teaches a connector (40)(Figures 1a-3c) in which each proximal opening comprises a recessed socket (labeled in Figure 3b below) dimensioned to receive an end of an air or water tube (2). 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 each proximal opening, of the connector of Kazuyoshi et al, to comprise a recessed socket dimensioned to receive an end of an air or water tube, as taught by Briggs, as an obvious matter of design choice, as either each end of an air and water tube comprises a recessed socket dimensioned to receive each proximal opening, as taught by Kazuyoshi et al, or each proximal opening comprises a recessed socket dimensioned to receive an end of an air or water tube, as taught by Briggs, will allow for the same end result of connection of the connector to the air or water tube such that air or water can travel between the air or water tube and the medical instrument.
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In regards to claim 5, Kazuyoshi et al does not teach in which each proximal opening comprises a recessed socket dimensioned to receive an end of an air or water tube, in which the recessed socket of the first through lumen has a diameter greater than the recessed socket of the second through lumen, as Kazuyoshi et al instead teaches in which each end of an air and water tube (53) comprises a recessed socket (53a/53b) dimensioned to receive each proximal opening (Figure 5). Briggs teaches a connector (40)(Figures 1a-3c) in which each proximal opening comprises a recessed socket (labeled in Figure 3b above) dimensioned to receive an end of an air or water tube (2), in which the recessed socket of the first through lumen has a diameter greater than the recessed socket of the second through lumen (Figure 3b). 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 each proximal opening, of the connector of Kazuyoshi et al, to comprise a recessed socket dimensioned to receive an end of an air or water tube, in which the recessed socket of the first through lumen has a diameter greater than the recessed socket of the second through lumen, as taught by Briggs, as an obvious matter of design choice, as either each end of an air and water tube comprises a recessed socket dimensioned to receive each proximal opening, as taught by Kazuyoshi et al, or each proximal opening comprises a recessed socket dimensioned to receive an end of an air or water tube, in which the recessed socket of the first through lumen has a diameter greater than the recessed socket of the second through lumen, as taught by Briggs, will allow for the same end result of connection of the connector to the air or water tube such that air or water can travel between the air or water tube and the medical instrument.
In regards to claim 7, Kazuyoshi et al does not teach in which a proximal end of the distal part of the housing comprises projecting ports, and a distal end of the proximal part of the housing comprises recessed ports configured to receive the projecting ports to fluidically couple the distal and proximal parts of the housing, as Kazuyoshi et al instead teaches in which a proximal end of the distal part of the housing comprises recessed ports (70/67), and a distal end of the proximal part of the housing comprises projecting ports (56/57) configured to be received by the recessed ports to fluidically couple the distal and proximal parts of the housing (Figure 5). Briggs teaches a connector (40)(Figures 1a-3c) in which a proximal end of a distal part of a housing (40) comprises projecting ports (labeled in Figure 3b below), and a distal end of a proximal part of the housing comprises recessed ports (labeled in Figure 3b below) configured to receive the projecting ports to fluidically couple the distal and proximal parts of the housing (Figure 3b). 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 a proximal end of the distal part of the housing and a distal end of the proximal part of the housing, of the connector of Kazuyoshi et al, to comprise projecting ports and recessed ports, respectively, configured to receive the projecting ports to fluidically couple the distal and proximal parts of the housing, as taught by Briggs, as an obvious matter of design choice, as either a proximal end of the distal part of the housing comprises recessed ports and a distal end of the proximal part of the housing comprises projecting ports, as taught by Kazuyoshi et al, or a proximal end of the distal part of the housing comprises projecting ports and a distal end of the proximal part of the housing comprises recessed ports, as taught by Briggs, will allow for the same end result of fluid coupling of the distal and proximal parts of the housing such that air or water can travel between the air or water tube and the medical instrument.
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In regards to claim 16, Kazuyoshi et al does not teach in which the water tube has a bore that is smaller than a bore of the second tube, as Kazuyoshi et al instead teaches in which the water tube has a bore that is the same size as a bore of the second tube (Figure 5). Briggs teaches an air and water tube assembly (Figures 1a-3c) in which a water tube (2b) has a bore that is smaller than a bore of a second tube (2a) (Figure 3b). 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 water tube, of the assembly of Kazuyoshi et al, to have a bore that is smaller than a bore of the second tube, as taught by Briggs, as an obvious matter of design choice, as either the water tube has a bore that is the same size as a bore of the second tube, as taught by Kazuyoshi et al, or the water tube has a bore that is smaller than a bore of the second tube, as taught by Briggs, will allow for the same end result of the passage of air and water between the bottle and the medical instrument.
Allowable Subject Matter
Claims 9-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In regards to dependent claim 9, the prior art of record does not disclose or render obvious before the effective filing date of the claimed invention the combination of a connector to fluidically connect a medical instrument with an air tube and a water tube, as claimed, specifically including in which the housing section comprises a lid section hingedly mounted to the base section and adjustable from an open configuration to allow insertion of the distal part into the housing section and a closed configuration in which the distal part is enclosed within the housing section.
Kazuyoshi et al teaches in which the proximal part (62b/56/57) comprises a housing section (62b) dimensioned to receive the distal part (61) (Figure 5), in which the housing section comprises a base section (62b).
However, Kazuyoshi et al does not teach in which the housing section comprises a lid section hingedly mounted to the base section and adjustable from an open configuration to allow insertion of the distal part into the housing section and a closed configuration in which the distal part is enclosed within the housing section.
Thus, dependent claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action and to include all of the limitations of the base claim 1. Dependent claims 10-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action, by virtue of being dependent upon claim 9.
Conclusion
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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