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
This action is in response to the remarks filed on 08/13/2025.
The amendments filed on 08/13/2025 have been entered. Accordingly claims 1-3, 5-6, 8, 10-12, 14, and 16-25 remain pending. Claims 1, 3, 8, 17, 19, and 25 are presently amended.
The previous objections to claims 3 and 8 have been withdrawn in light of applicant's amendments to claims 3 and 8.
The previous rejections of claims 3, 8, 17-19, and 25 under 35 U.S.C 112(b) have been withdrawn in light of applicant's amendments to claims 3, 8, 17, 19, and 25.
Response to Arguments
Applicant's arguments filed 08/13/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., alleged features which render the system suitable for positioning a medical tool in a lumen, such as an ear canal, for performing a procedure on part of an ear) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Clifford is merely relied on to teach the system being for performing a procedure on part of an ear. The limitations argued by applicant are disclosed by primary reference Kurihara.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 8, 10, 14, 16-17, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Kurihara et al. (US 2021/0076907, filed November 24, 2020, applicant submitted prior art via the IDS, hereinafter “Kurihara”) in view of Clifford et al. (US 2008/0262508, October 23, 2008, hereinafter “Clifford”).
Regarding claim 1, Kurihara discloses a system for positioning a medical tool within a lumen (system 1 in Fig. 1, reproduced below, and corresponding description), comprising:
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a positioning device (overtube system 100 in Fig. 1 and corresponding description) comprising:
a cylindrical body (tubular main body 101 in Fig. 1 and corresponding description) configured to receive the medical tool (“A user inserts the insertion portion 20 of the endoscope 10 into the main body 101 from the proximal end of the main body 101, and protrudes the observation mechanism 11 from the main body 101.” [0052]); and
an actuator (balloon assembly 110 in Fig. 1 and corresponding description) configured to apply a force to an internal wall of the lumen to move the cylindrical body in a radial direction within the lumen (“the fluid supply portion 131 driven by the correction operation signal inflates at least one of the balloons 111-114 and deflates at least another one of the balloons 111-114 so as to move the distal end portion of the main body 101 toward a direction corresponding to the direction toward which the stick 132 is tilted by the user” [0070]; also see [0078], [0090], Fig. 5, reproduced below, and corresponding description); and
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a control system (control portion (controller) 133 in Fig. 1 and corresponding description) configured to: receive an input signal indicative of a target position of the cylindrical body (“the control portion 133 receiving the output from the stick 132 acquires an image (a first image) acquired by the observation mechanism 11 and displayed on the monitor 50 at this time from the image processing device 40, and the control portion 133 sets a characteristic point (a first characteristic point) in the first image. Extraction of the first characteristic point may be performed using common known image processing technology. The first characteristic point may be in the target tissue and may be a tissue not being the target tissue.” [0088]), and provide an output signal to control the actuator to move the cylindrical body to adopt the target position (“the control signal 133 transmits the correction operation signal generated in Step S170 so the fluid supply portion 131 to perform the actual driving of the balloon.” [0096]; also see Fig. 9 and corresponding description).
Kurihara fails to disclose for performing a procedure on part of an ear.
However, Clifford teaches, in the same field of endeavor, an endoscope system (see Figs. 12-13A,B and corresponding descriptions) for performing a procedure on part of an ear (“The present invention provides systems and methods for the provision of painless, simultaneous, bilateral treatment of the target tissues of the ear of children” [0009]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with for performing a procedure on part of an ear as taught by Clifford in order to provide a stable visual field image ([0004] of Kurihara) of children suffering from recurrent otitis or otitis media ([0009] of Clifford).
Regarding claim 2, Kurihara further discloses wherein the target position comprises a radial position of a longitudinal axis of the cylindrical body relative to a longitudinal axis of the lumen (“relative rotation state between the main body and the endoscope around a longitudinal axis of the endoscope” [0006]), and an angular orientation of the longitudinal axis of the cylindrical body relative to the longitudinal axis of the lumen (“An orientation of the observation mechanism 11 may be changed by bending the bending portion 21.” [0021]; also see “The main body 101 has a bending portion 102 having the same mechanism with that of the bending portion 21.” [0042]).
Regarding claim 8, Kurihara further discloses wherein the control system is configured to i) receive a further input signal indicative of a deviation of the cylindrical body from the target position (“The pre-driving process is a driving process (a predetermined operation) for determining whether a change of the positional relationship around the axis between the insertion portion 20 and the main body 101 occurs from the initial state, and the pre-driving process is performed during a short period such as several tens of milliseconds. In other words, the pre-driving process is a driving process for determining whether a discrepancy in the positional relationship around the axis between the insertion portion 20 and the main body 101 occurs.” [0090]); and ii) provide a further output signal to control the actuator to move the cylindrical body to adopt the target position in response to the further input signal (“In Step S180, the control signal 133 transmits the correction operation signal generated in Step S170 so the fluid supply portion 131 to perform the actual driving of the balloon.” [0096]).
Regarding claim 10, Kurihara further discloses wherein the actuator comprises an inflatable actuator or a liquid inflatable actuator (“a plurality of balloons attached to the outer circumferential surface of the main body; and she driver configured to independently inflate and deflate each of the plurality of balloons” [0011]; also see “Examples of the fluid supplied to the balloon may be gas such as air, carbon dioxide and the like, or liquid such as water, physiologic saline and the like.” [0047]).
Regarding claim 14, Kurihara further discloses wherein the cylindrical body comprises a core and an outer membrane arranged on an external surface of the core and the actuator comprises a portion of the outer membrane (see annotated Fig. 3, reproduced below, and corresponding description).
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Regarding claim 16, Kurihara further discloses wherein the force is offset from the centre of the cylindrical body (“An orientation of the observation mechanism 11 may be changed by bending the bending portion 21.” [0021]; also see “The main body 101 has a bending portion 102 having the same mechanism with that of the bending portion 21.” [0042]).
Regarding claim 17, Kurihara further discloses wherein the actuator is one of a plurality of actuators, and wherein the positioning device comprises the plurality of actuators (“The balloon assembly 110 has four balloons 111, 112, 113, 114.” [0044]) and each actuator is configured to apply a radial force to an internal wall of the lumen to move the cylindrical body in a different radial direction (“Each balloon is fixed to the external circumferential surface between the distal end of the main body 101 and the bending portion 102. Fixation positions of the four balloons are separated from each other such that two fixation positions of adjacent balloons form an angle around the axis of the main body 101 at 90 degrees. Each balloon 111, 112, 113, 114 is connected with a tube 115, 116, 117, 118 configured to supply and recover the fluid, respectively.” [0044]; also see “each balloon 111, 112, 113, 114 may be independently inflated and deflated.” [0046]).
Regarding claim 23, Kurihara modified by Clifford discloses the limitations of claim 1 as stated above but fails to disclose wherein the lumen comprises an ear canal.
However, Clifford further teaches, in the same field of endeavor, wherein the lumen comprises an ear canal (“FIGS. 46A-B illustrate the use of multiple longitudinal balloons that are used to stabilize the guide block tubes within the ear canal.” [0089]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the lumen comprises an ear canal as taught by Clifford in order to perform various procedures of the ear ([0002] of Clifford).
Regarding claim 24, Kurihara modified by Clifford discloses the limitations of claim 23 as stated above and Clifford further teaches, in the same field of endeavor, wherein the target position of the cylindrical body is aligned with the round window of a cochlea (see e.g., Fig. 47A, reproduced below, and corresponding description; also see Fig. 16 and corresponding description).
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Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the target position of the cylindrical body is aligned with the round window of a cochlea as taught by Clifford in order to perform various procedures of the ear ([0002] of Clifford).
Claims 3, 5-6, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kurihara in view of Clifford as applied to claim 1 above and further in view of Yeung et al. (US 2018/0296281, October 18, 2018, hereinafter “Yeung”).
Regarding claim 3, Kurihara modified by Clifford discloses the limitations of claim 1 as stated above. Although Kurihara suggests wherein the control system is configured to at least one of: i) automatically obtain the input signal indicative of a target position of the cylindrical body; or ii) automatically provide the output signal to control the actuator to move the cylindrical body to adopt the target position, as stated above, Kurihara fails to explicitly disclose wherein the control system is configured to at least one of: i) automatically obtain the input signal indicative of a target position of the cylindrical body; or ii) automatically provide the output signal to control the actuator to move the cylindrical body to adopt the target position.
However, Yeung teaches, in the same field of endeavor, wherein the control system is configured to at least one of: i) automatically obtain the input signal indicative of a target position of the cylindrical body (“the control system may be configured to perform an automated route searching procedure prior to generating a steering control signal.” [0206]); or ii) automatically provide the output signal to control the actuator to move the cylindrical body to adopt the target position (“the steering control system may be fully-automatic, i.e., configured to determine the correct navigation direction and provide a set of steering control instructions to one or more actuators of the robotic colonoscope with little or no input from a surgeon or skilled operator.” [0095]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the control system is configured to at least one of: i) automatically obtain the input signal indicative of a target position of the cylindrical body; or ii) automatically provide the output signal to control the actuator to move the cylindrical body to adopt the target position as taught by Yeung in order to allow adjustment according to the environment the medical tool encounters ([0098] of Yeung).
Regarding claim 5, Kurihara modified by Clifford discloses the limitations of claim 1 as stated above. Kurihara further discloses the control system is configured to process an image to produce the input signal indicative of the target position (“the control portion 133 receiving the output from the stick 132 acquires an image (a first image) acquired by the observation mechanism 11 and displayed on the monitor 50 at this time from the image processing device 40, and the control portion 133 sets a characteristic point (a first characteristic point) in the first image. Extraction of the first characteristic point may be performed using common known image processing technology. The first characteristic point may be in the target tissue and may be a tissue not being the target tissue.” [0088]). Although Kurihara further suggests wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres (“An observation mechanism 11 including an imaging element, an illumination device and the like is attached to a distal end of the insertion portion 20. An image inside a body that is acquired by the observation mechanism 11 is suitably processed in an image processing device 40 and then displayed on a monitor 50.” [0038]; also see [0052]), Kurihara fails to explicitly disclose wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres.
However, Yeung teaches, in the same field of endeavor, wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres (“The steering control system may further comprise one or more optical imaging sensors. One or more optical imaging sensors may be used to determine a location of the lumen center or to provide information indicative of the orientation of the distal end of the colonoscope relative the colonic lumen. The one or more optical imaging sensors may be configured to collect image data. In some cases, the one or more imaging sensors may be packaged within an imaging device such as a camera. Examples of imaging devices may include a camera, a video camera, or any device having the ability to capture optical signals. The imaging device may be configured to acquire and/or transmit one or more images of objects or environment within the imaging device's field of view [...] the colonoscope may comprise one or more optical fibers (or light pipes, light guides, waveguides, etc.) that are optically coupled to one or more imaging devices that are located external to the colon lumen, wherein the optical fibers collect light that is reflected, scattered, or emitted from a field-of-view proximal to the distal end of the colonoscope and transmit it to the one or more imaging devices” [0123]; also see [0206]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres as taught by Yeung in order to obtain optical signals ([0123] of Yeung).
Regarding claim 6, Kurihara modified by Clifford and Yeung discloses the limitations of claim 5 as stated above. Kurihara fails to disclose wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image.
However, Yeung further teaches, in the same field of endeavor, wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image (“The output 705 of the neural network may be a control signal or a target direction. The ANN may take input data from a plurality of sensors, process it using the multiple layers of neurons, and output a control signal for controlling the steering direction of the colonoscope. The control signal may be transmitted to an actuation unit as described elsewhere herein. In some instances, data relating to the dynamics or kinematics of the robotic system may also be incorporated into the ANN to generate control signals that are sent to the actuation unit. In some cases, the output may be a target direction.” [0146]; also see “the input data supplied to the neural network may comprise the original (raw) image data rather than the pre-process determination of the location of lumen center.” [0192]; also see [0004], [0006]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image as taught by Yeung in order to simulate a surgeon’s thought process in guiding the system ([0004] of Yeung).
Regarding claim 25, Kurihara modified by Clifford discloses the limitations of claim 24 as stated above. Kurihara further discloses the control system is configured to process an image to produce the input signal indicative of the target position (“the control portion 133 receiving the output from the stick 132 acquires an image (a first image) acquired by the observation mechanism 11 and displayed on the monitor 50 at this time from the image processing device 40, and the control portion 133 sets a characteristic point (a first characteristic point) in the first image. Extraction of the first characteristic point may be performed using common known image processing technology. The first characteristic point may be in the target tissue and may be a tissue not being the target tissue.” [0088]).
Although Kurihara suggests wherein the system comprises a camera or optical fibres and that the image is captured by the camera or optical fibres (“An observation mechanism 11 including an imaging element, an illumination device and the like is attached to a distal end of the insertion portion 20. An image inside a body that is acquired by the observation mechanism 11 is suitably processed in an image processing device 40 and then displayed on a monitor 50.” [0038]; also see [0052]), Kurihara fails to explicitly disclose wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres.
However, Yeung teaches, in the same field of endeavor, wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres (“The steering control system may further comprise one or more optical imaging sensors. One or more optical imaging sensors may be used to determine a location of the lumen center or to provide information indicative of the orientation of the distal end of the colonoscope relative the colonic lumen. The one or more optical imaging sensors may be configured to collect image data. In some cases, the one or more imaging sensors may be packaged within an imaging device such as a camera. Examples of imaging devices may include a camera, a video camera, or any device having the ability to capture optical signals. The imaging device may be configured to acquire and/or transmit one or more images of objects or environment within the imaging device's field of view [...] the colonoscope may comprise one or more optical fibers (or light pipes, light guides, waveguides, etc.) that are optically coupled to one or more imaging devices that are located external to the colon lumen, wherein the optical fibers collect light that is reflected, scattered, or emitted from a field-of-view proximal to the distal end of the colonoscope and transmit it to the one or more imaging devices” [0123]; also see [0206]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the system comprises a camera or optical fibers and that the image is captured by the camera or optical fibres as taught by Yeung in order to obtain optical signals ([0123] of Yeung).
Kurihara also fails to disclose wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image.
However, Yeung further teaches, in the same field of endeavor, wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image (“The output 705 of the neural network may be a control signal or a target direction. The ANN may take input data from a plurality of sensors, process it using the multiple layers of neurons, and output a control signal for controlling the steering direction of the colonoscope. The control signal may be transmitted to an actuation unit as described elsewhere herein. In some instances, data relating to the dynamics or kinematics of the robotic system may also be incorporated into the ANN to generate control signals that are sent to the actuation unit. In some cases, the output may be a target direction.” [0146]; also see “the input data supplied to the neural network may comprise the original (raw) image data rather than the pre-process determination of the location of lumen center.” [0192]; also see [0004], [0006]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the control system is configured to process the image using an artificial neural network trained to identify a target location in the image and produce the input signal indicative of the target position of the cylindrical body in dependence on the target location in the image as taught by Yeung in order to simulate a surgeon’s thought process in guiding the system ([0004] of Yeung).
Finally, Kurihara fails to disclose wherein a target location in the image is the centre of the posteroinferior quadrant of the tympanic membrane.
However, Clifford further teaches, in the same field of endeavor, wherein a target location in the image is the centre of the posteroinferior quadrant of the tympanic membrane (“such systems and methods facilitate performing treatment procedures such as myringotomy, tympanostomy tube placement, tympanocentisis and the like, under local (rather than general) anesthesia, often in a doctor's office (rather than an out-patient surgical facility).” [0012]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein a target location in the image is the centre of the posteroinferior quadrant of the tympanic membrane as taught by Clifford in order to perform treatment for recurrent otitis media without general anesthesia ([0004], [0012] of Clifford).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kurihara in view of Clifford as applied to claims 1 and 10 above and further in view of Laby et al. (US 2018/0071492, March 15, 2018, hereinafter “Laby”).
Regarding claim 11, Kurihara modified by Clifford discloses the limitations of claim 10 as stated above. Kurihara further discloses comprising a pump configured to deliver a fluid to the inflatable actuator to inflate the actuator (“An example of the driving mechanism may be a pump or the like, and the driving mechanism is configured to move the fluid between the fluid source and the balloon.” [0046]). Kurihara fails to explicitly disclose the pump being a positive displacement pump.
However, Laby teaches, in the same field of endeavor, the pump being a positive displacement pump (“This can be implemented, for example, by configuring the system to variably partially inflate one or more of the balloons of the array (rather than relying on full inflation or deflation) such as by using an associated positive displacement pump.” [0094]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with the pump being a positive displacement pump as taught by Laby in order to provide finer adjustments of the balloon ([0094] of Laby).
Regarding claim 12, Kurihara modified by Clifford and Laby discloses the limitations of claim 11 as stated above and Kurihara further discloses wherein the output signal to control the actuator is indicative of a target volume for the inflatable actuator (“The control portion 133 receiving the output generates the operation signal and transmits the operation signal to the fluid supply portion 131. The fluid supply portion 131 receiving the operation signal further supplies the fluid to the balloon 113 disposed at the downward side of the endoscope 10 so as to inflate the balloon 113, while recovering the fluid in the balloon 111 disposed at the upward side of the endoscope 10 so as deflate the balloon 111.” [0057]).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kurihara in view of Clifford as applied to claims 1 and 17 above and further in view of Van Helfteren et al. (US 2018/0042691, February 15, 2018, hereinafter “Van Helfteren”).
Regarding claim 18, Kurihara modified by Clifford discloses the limitations of claim 17 as stated above but is silent on wherein a first one of the plurality of actuators is located at a first longitudinal position of the cylindrical body and a second one of the plurality of actuators is located at a second longitudinal position of the cylindrical body. The plurality of actuators of Kurihara appear to be located at the same longitudinal position of the cylindrical body.
However, Van Helfteren teaches, in the same field of endeavor, wherein a first one of the plurality of actuators is located at a first longitudinal position of the cylindrical body (balloon 7 in Fig. 2, reproduced below, and corresponding description) and a second one of the plurality of actuators is located at a second longitudinal position of the cylindrical body (balloon 9 in Fig. 2, reproduced below, and corresponding description).
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Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein a first one of the plurality of actuators is located at a first longitudinal position of the cylindrical body and a second one of the plurality of actuators is located at a second longitudinal position of the cylindrical body as taught by Van Helfteren since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 19, Kurihara modified by Clifford discloses the limitations of claim 1 as stated above. Kurihara further discloses wherein the actuator is one of a first plurality of actuators or a second plurality of actuators, and wherein the positioning device comprises the first plurality of actuators and the second plurality of actuators (“The balloon assembly 110 has four balloons 111, 112, 113, 114.” [0044]).
Kurihara is silent on wherein the positioning device comprises the first plurality of actuators located at a first longitudinal position of the cylindrical body and the second plurality of actuators located at a second longitudinal position of the cylindrical body. The plurality of actuators of Kurihara appear to be located at the same longitudinal position of the cylindrical body.
However, Van Helfteren teaches, in the same field of endeavor, wherein the positioning device comprises the first plurality of actuators located at a first longitudinal position of the cylindrical body and the second plurality of actuators located at a second longitudinal position of the cylindrical body (see balloons 7, 9, and 11 in Fig. 2, reproduced below, and corresponding description).
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Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the positioning device comprises the first plurality of actuators located at a first longitudinal position of the cylindrical body and the second plurality of actuators located at a second longitudinal position of the cylindrical body as taught by Van Helfteren since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 20, Kurihara modified by Clifford discloses the limitations of claim 1 as stated above. Although Kurihara suggests wherein the output signal to control the actuator comprises a pressure to be applied by the actuator to the internal wall of the lumen (“the driver configured to independently inflate and deflate each of the plurality of balloons, and the operation method may further include when generating the operation signal, determining which balloon corresponds to the output among the plurality of balloons, and generating the operational signal for controlling the driver to inflate and deflate the balloon corresponding to the output according to the output, and when generating the correction operation signal, generating the correction operation signal by correcting a setting of the balloon corresponding to the output according to the relative rotation state” [0021]; also see [0046], [0047], [0050]), Kurihara fails to explicitly disclose wherein the output signal to control the actuator comprises a pressure to be applied by the actuator to the internal wall of the lumen.
However, Van Helfteren teaches, in the same field of endeavor, wherein the output signal to control the actuator comprises a pressure to be applied by the actuator to the internal wall of the lumen (“a balloon system that can be asymmetrically expanded in the hollow organ so as to exert displacement pressure on the inner side of the hollow organ” [0001]; also see [0011]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the output signal to control the actuator comprises a pressure to be applied by the actuator to the internal wall of the lumen as taught by Van Helfteren in order to provide a desired placement with high precision by varying the pressure of fluid that is used for inflation ([0011] of Van Helfteren).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kurihara in view of Clifford as applied to claim 1 above and further in view of Terliuc (US 2007/0276181, November 29, 2017, applicant submitted prior art via the IDS).
Regarding claim 21, Kurihara discloses the limitations of claim 1 as stated above but fails to disclose wherein the medical tool comprises a needle.
However, Terliuc teaches, in the same field of endeavor, wherein the medical tool comprises a needle (“an accessory 600 which is adapted to travel through the instrument channel defined in the central passageway 202 of the multi-lumen tube 104 and in interior bore 274 of cylindrical portion 266 of locomotive endoscope head 102. The accessory 600 may be selected from among any suitable accessories, such as biopsy forceps, polypectomy snares, foreign body retrieval devices, heat probes and needles, some of which are well known in the art.” [0144]).
Therefore before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Kurihara with wherein the medical tool comprises a needle as taught by Terliuc in order to provide a tool according to a particular procedure such as a biopsy.
Regarding claim 22, Kurihara modified by Clifford and Terliuc discloses the limitations of claim 21 as stated above and Kurihara further discloses wherein the cylindrical body of the positioning device comprises a longitudinal bore for receiving the needle (“An inner diameter of the main body 101 is larger than an outer diameter of the insertion portion 20 of the endoscope 10 such that the insertion portion 20 may be inserted through the inside of the main body 101.” [0042]).
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 AMINAH ASGHAR whose telephone number is (571)272-0527. The examiner can normally be reached M-W, F 9am-5pm EST.
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/A.A./Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797 Erezo, Darwin