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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 4/27/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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) 1-4, 6, 10, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Butcher et al. (US 2020/0046217 A1, hereinafter Butcher).
For claim 1, Butcher discloses a medical device system (100) (Figs 8-14) ([0025-0042]), comprising inter alia:
a guide sheath (105)
an elongate body (105) defining a single lumen therein (single endoscope lumen 106c of 105) (Figs 8-14) ([0025-0042]); and
a steering wire (1414) extending within the elongate body adjacent the single lumen (Fig 14) ([0042]); and
an endoscope (1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) comprising inter alia:
an elongate shaft (1200) comprising:
a side surface (the inside surfaces of 105 defining the three lumens of 1200 and the outside surfaces of 105) extending between a proximal end portion and a distal end face (Figs 8-14) ([0025-0042, especially 0026, 0040]), the elongate shaft configured for displacement within the single lumen (Figs 8-14) ([0025-0042, especially 0026, 0040]);
a working tool lumen (first of the three lumens of 1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) extending within the elongate shaft and exiting at the distal end face (Figs 8-14) ([0025-0042]);
an anchor lumen (second of three lumens of 1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) entering the elongate shaft in the side surface between the proximal end portion and the distal end face and exiting the elongate shaft at the distal end face (Figs 8-14) ([0025-0042, especially 0026, 0040]); and
a non-axial lumen (third of the three lumens of 1200 and lumen of 150) (Figs 8-14) ([0025-0042, especially 0026, 0040]) connecting the working tool lumen to the side surface and the distal end face (the inside and outside surfaces of 105 connect all the lumens and distal end face(s)) (Figs 8-14) ([0025-0042, especially 0026, 0040]).
For claim 2, Butcher discloses the medical device system of claim 1, further comprising an anchor wire (endoscope grasper and/or snare and/or clamp tool(s) of [0026]) extending through the anchor wire lumen (Figs 8-10) ([0025-0042, especially 0026]).
For claim 3, Butcher discloses the medical device system of claim 2, wherein the anchor wire comprises: an elongate cable (shaft of grasper and/or snare and/or clamp tool(s)) (Figs 8-10) ([0025-0042, especially 0026]); and a tissue anchor (anchoring end of grasper and/or snare and/or clamp tool(s)) (Figs 8-10) ([0025-0042, especially 0026]) located proximate a distal end of the anchor wire (the distalmost anchoring end of grasper and/or snare and/or clamp tool(s) is adjacent the distal end of the respective shaft) (Figs 8-10) ([0025-0042, especially 0026]).
For claim 4, Butcher discloses the medical device system of claim 1, further comprising a tissue retrieval device (endoscope forceps of [0026]) (Figs 8-10) ([0025-0042, especially 0026]) extendable from the working tool lumen.
For claim 6, Butcher discloses the medical device system of claim 5, wherein the tissue retrieval device comprises forceps (endoscope forceps of [0026]) (Figs 8-10) ([0025-0042, especially 0026]).
For claim 10, Butcher discloses the medical device system of claim 1, wherein the endoscope includes steering capabilities (Figs 8-14) ([0025-0042, especially 0026, 0040]).
For claim 21, Butcher discloses a medical device system (100) (Figs 8-14) ([0025-0042, especially 0026, 0040]), comprising inter alia:
a guide sheath (105) (Figs 8-14) ([0025-0042, especially 0026, 0040]) comprising an internal lumen (106c) and at least one steering wire (1414) (Fig 14) ([0040]); and
an endoscope (1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) comprising inter alia:
an elongate shaft (1200) comprising a sidewall (inside and outside sidewalls of 1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) extending between a proximal end portion and a distal end face (Figs 8-14) ([0025-0042, especially 0026, 0040]), the elongate shaft configured for displacement within the internal lumen (Figs 8-14) ([0025-0042, especially 0026, 0040]);
a working tool lumen (first of the three lumens of 1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) extending along the elongate shaft and exiting at the distal end face; and
an anchor lumen (second of the three lumens of 1200) (Figs 8-14) ([0025-0042, especially 0026, 0040]) entering the sidewall of the elongate shaft between the proximal end portion and the distal end face and exiting the elongate shaft at the distal end face (Figs 8-14) ([0025-0042, especially 0026, 0040]).
Allowable Subject Matter
Claims 5, 7-9, and 22-23 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.
Response to Arguments
Applicant’s arguments, see pages 10-20, filed 4/27/26, with respect to the allowability of amended claims 5, 7-9, and 22-23 have been fully considered and are persuasive. The rejection of the newly amended claims 1-4, 6, 10, and 21 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-4, 6, 10, and 21 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.
The Examiner respectfully notes that although Butcher remains relied upon in the 102 hereinabove, the new ground(s) of rejection under Butcher necessitated by claim amendment rely upon entirely different structure(s) than previously cited and relied upon, rendering the arguments moot as directed to a superseded prior rejection.
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 Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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