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
Amendments to claims 16, 17, 21, 36 of 12/18/2025 acknowledged and entered.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
Regarding p. 6, para. 7, examiner is not in accordance that the amended claim language distinguishes the instant application from the standing rejection directed to Viebach. Applicant posits that the blind holes of Viebach do not constitute first and second cylinder walls, as the two blind holes are formed from the same block, hence having the same outer surface. Examiner is not in accordance with this assessment, as the outer surface of Viebach in the proximity of each blind hole could be subdivided into two separate outer portions. Further, examiner is unclear as to how the tube ports extending from the outer surfaces distinguishes from the channels carved into the wall, as the carved channels pass through the outer surface of the wall and extend through them. Even in absence of considering the outer surface of Viebach to be subdivided into two separate cylinder wall sections, the “and/or” clause would result in the single outer surface of Viebach, which could be considered the first wall, to fulfill the limitation under the “or” condition. Standing rejection of 9/19/2025 upheld.
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) 16-26, 30-34, 36, 37 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Viebach (US 20160338577 A1).
Regarding claim 16, Viebach teaches An endoscope comprising:
a handle (fig. 3, element 202, [0040], endoscope handle 202) having an aperture ([0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass) and an exterior surface (fig. 3, element 1a, [0042], fluid block counter-pieces 1a); and
a valve insert (fig. 3, element 1, [0029-30], fluid block 1) arranged in the aperture, the valve insert comprising:
a first cylinder wall comprising an inner surface forming a first valve cylinder (fig. 1, element 13, [0036], cylindrical blind hole 13), the first cylinder wall comprising an inner portion, the inner portion comprising an outer surface opposite the inner surface (A cylindrical blind hole must have inner and outer surface to be a 3-dimensional object),
a second cylinder wall comprising an inner surface forming a second valve cylinder (fig. 1, element 12, [0032], cylindrical blind hole 12), the second cylinder wall comprising an inner portion comprising an outer surface opposite the inner surface (A cylindrical blind hole must have inner and outer surface to be a 3-dimensional object), and
a flange connecting and spacing apart the first cylinder wall and the second cylinder wall (fig. 1, cylindrical holes 12 and 13 are spaced via the fluid block body),
wherein the inner portion of the first cylinder wall and the inner portion of the second cylinder wall are arranged inside the handle and comprise tube ports extending, respectively, from the outer surface of the first cylinder and/or from the outer surface of the second cylinder wall (fig. 3, element 1, 202, [0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass).
Regarding claim 17, Viebach teaches The endoscope of claim 16,
wherein the first cylinder wall, the second cylinder wall, the flange, and the tube ports are formed in one piece (fig. 1, element 1, all elements are formed of the unitary fluid block 1. While the piece is comprised of two half parts, the piece, both halves contain a portion of the cylinder, flange, and ports and form a single piece), wherein the flange extends radially from the first cylinder wall and from the second cylinder wall (fig. 1, the gap between first and second cylinders is in the radial direction of the cylinders), wherein the handle comprises a housing wall ([0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass), the aperture is formed in the housing wall and comprises a peripheral step including a portion of the exterior surface, and the flange is supported by the portion of the exterior surface formed by the peripheral step (fig. 1, element 1, [0030], fluid block is secured by one or more protrusions which abut against an inner wall of the endoscope operating element).
Regarding claim 18, Viebach teaches The endoscope of claim 16,
wherein the first valve cylinder, the second valve cylinder and the flange are formed in one piece (fig. 1, element 1, all elements are formed of the unitary fluid block 1. While the piece is comprised of two half parts, the piece, both halves contain a portion of the cylinder, flange, and ports and form a single piece).
Regarding claim 19, Viebach teaches The endoscope of claim 18,
wherein the tube ports are formed in one piece with the first valve cylinder, the second valve cylinder and the flange (fig. 1, element 1, all elements are formed of the unitary fluid block 1. While the piece is comprised of two half parts, the piece, both halves contain a portion of the cylinder, flange, and ports and form a single piece).
Regarding claim 20, Viebach teaches The endoscope of claim 18,
wherein the first valve cylinder is a part of a first valve (fig. 4a-c, element 2, [0046], control valve 2), the second valve cylinder is a part of a second valve (fig. 5a-b, element 3, [0075], working channel valve 3), the first valve is functionally separated from the second valve, the first valve is configured to inject gas or water ([0046], control valve 2 selectively blocks and opens both the gas-conducting channel 4 and the liquid-conducting channel 5), and the second valve is configured for suction ([0075],in the open position, suction can take place through the working channel 6).
Regarding claim 21, Viebach teaches The endoscope of claim 16,
wherein the flange extends radially from the first cylinder wall and from the second cylinder wall (fig. 1, the gap between first and second cylinders is in the radial direction of the cylinders).
Regarding claim 22, Viebach teaches The endoscope of claim 21,
wherein the flange is formed as a plate-like flange (fig. 1, the top surface of the fluid block 1 is flat, which could be considered plate-like).
Regarding claim 23, Viebach teaches The endoscope of claim 22, wherein the aperture has a shape that corresponds to a shape of the flange, and the flange is arranged flush with the aperture ([0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass).
Regarding claim 24, Viebach teaches The endoscope of claim 16,
wherein the tube ports are formed as pipe sockets extending away from the first cylinder wall and/or the second cylinder wall (fig. 1, 4/5, element 12/13, cylinders are formed in a tubular pipe shape and are configured to socket valves).
Regarding claim 25, Viebach teaches The endoscope of claim 16,
wherein at least one tube port of the tube ports comprises a barbed push-in connection portion integrally formed with the at least one tube port (fig. 5a/b, element 6b, [0037-38,74], distal portion of working channel 6b is installed into the divot of the second cylinder as shown in fig. 1. Said connection is a mating connection creating a seal, which is accomplished via projections, or barbs).
Regarding claim 26, Viebach teaches The endoscope of claim 16,
wherein at least one tube port of the tube ports comprises an integrated sealing portion (fig. 4a-c, element 25, seal 25 abuts the inner circumference of the blind hole 12, which would be a portion that interacts with a valve seal, hence a sealing portion).
Regarding claim 30, Viebach teaches The endoscope of claim 16,
wherein the valve insert is a multi-component injection molded part comprising a rigid polymer material and a flexible polymer material ([0029], fluid block 1 may be formed via casting or molding of a plastic material, plastic being a polymer).
Regarding claim 31, Viebach teaches The endoscope of claim 30,
wherein the first cylinder wall, the second cylinder wall, and the flange are made of the rigid material ([0029], fluid block 1 may be formed via casting or molding of a plastic material, plastic being a polymer).
Regarding claim 32, Viebach teaches The endoscope of claim 31,
further comprising barbed push-in connection portions and/or integrated sealing portions formed of the flexible material integrally with at least some of the tube ports (fig. 5b, element 6b, [0081], working channel lead 6b is flexible and bent).
Regarding claim 33, Viebach teaches The endoscope of claim 16,
wherein at least some of the tube ports comprise barbed push-in connection portions (fig. 5a/b, element 6b, [0037-38,74], distal portion of working channel 6b is installed into the divot of the second cylinder as shown in fig. 1. Said connection is a mating connection creating a seal, which is accomplished via projections, or barbs) integrally formed with the at least some of the tube ports, the barbed push-in connection portions made of a material different from a material from which the first cylinder wall, the second cylinder wall, and the flange are made (fig. 5b, element 6b, [0081], working channel lead 6b is flexible and bent).
Regarding claim 34, Viebach teaches The endoscope of claim 33,
further each of at least some of the tube ports comprises an integrated sealing portion (fig. 4a-c, element 25, seal 25 abuts the inner circumference of the blind hole 12, which would be a portion that interacts with a valve seal, hence a sealing portion).
Regarding claim 36, Viebach teaches An endoscope comprising:
a handle (fig. 3, element 202, [0040], endoscope handle 202) having an aperture ([0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass) and an exterior surface (fig. 3, element 1a, [0042], fluid block counter-pieces 1a); and
a valve insert (fig. 3, element 1, [0029-30], fluid block 1) arranged in the aperture, the valve insert comprising:
a first cylinder wall comprising an inner surface forming a first valve cylinder (fig. 1, element 13, [0036], cylindrical blind hole 13), the first cylinder wall comprising an inner portion, the inner portion comprising an outer surface opposite the inner surface (A cylindrical blind hole must have inner and outer surface to be a 3-dimensional object),
a second cylinder wall comprising an inner surface forming a second valve cylinder (fig. 1, element 12, [0032], cylindrical blind hole 12), the second cylinder wall comprising an inner portion comprising an outer surface opposite the inner surface (A cylindrical blind hole must have inner and outer surface to be a 3-dimensional object), and
a flange connecting and spacing apart the first cylinder wall and the second cylinder wall (fig. 1, cylindrical holes 12 and 13 are spaced via the fluid block body),
wherein the inner portion of the first cylinder wall and the inner portion of the second cylinder wall are arranged inside the handle and comprise tube ports extending, respectively, from the outer surface of the first cylinder and/or from the outer surface of the second cylinder wall (fig. 3, element 1, 202, [0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass).
wherein the first cylinder wall, the second cylinder wall, the flange, and the tube ports are formed in one piece of a first material (fig. 1, element 1, all elements are formed of the unitary fluid block 1. While the piece is comprised of two half parts, the piece, both halves contain a portion of the cylinder, flange, and ports and form a single piece),
wherein the flange extends radially from the first cylinder wall and from the second cylinder wall (fig. 1, the gap between first and second cylinders is in the radial direction of the cylinders),
wherein the handle comprises a housing wall, the aperture is formed in the housing wall, and the aperture has a shape that corresponds to a shape of the flange (fig. 3, element 1, 202, [0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass),
wherein the tube ports comprise a first tube port and a second tube port, the first tube port being larger in cross-section than the second tube port (fig. 1, first tube port 12 has a wider cross sectional area due to the connecting pipe members 4a/b and 5a/b), the first tube port comprising an integrally formed barbed push-in connection portion (fig. 5a/b, element 6b, [0037-38,74], distal portion of working channel 6b is installed into the divot of the second cylinder as shown in fig. 1. Said connection is a mating connection creating a seal, which is accomplished via projections, or barbs), and the second tube port comprising an integrated sealing portion (fig. 4a-c, element 25, seal 25 abuts the inner circumference of the blind hole 12, which would be a portion that interacts with a valve seal, hence a sealing portion).
Regarding claim 37, Viebach teaches The endoscope of claim 36,
wherein the handle comprises a housing wall having an outer surface, the aperture is formed in the housing wall, the aperture has a shape that corresponds to a shape of the flange, and the flange is arranged flush with the outer surface of the housing wall (fig. 3, element 1, 202, [0083], fluid block 1 arranged in the endoscope operating element 202 such that the block is surrounded by a housing section. Housing section has an inner shape to which the fluid block 1 is adapted and has openings through which the projecting portions of the valves pass).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viebach as applied to claims 16, 26 above, and further in view of Wimmer (US 6383132 B1).
Regarding claim 27, Viebach teaches The endoscope of claim 26,
Viebach does not explicitly teach the device wherein the integrated sealing portion comprises a sealing O-ring.
However, Wimmer teaches the device wherein the integrated sealing portion comprises a sealing O-ring (col. 4, ln. 28-35, seal portion may be an O-ring).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the seal of Viebach to be an O-ring as taught in Wimmer in order to form uniform seals (Wimmer col. 4, ln. 46-55).
Regarding claim 28, Viebach teaches he endoscope of claim 26,
Viebach does not explicitly teach the device wherein the integrated sealing portion is made of a second material, which is different from a first material from which the first valve cylinder, the second valve cylinder, and the flange are made.
However, Wimmer teaches the device wherein the integrated sealing portion is made of a second material, which is different from a first material from which the first valve cylinder, the second valve cylinder, and the flange are made (col. 4, ln. 28-35, seal portion may be an O-ring, O-rings being comprised of soft plastics or rubber).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the seal of Viebach to be an O-ring as taught in Wimmer in order to form uniform seals (Wimmer col. 4, ln. 46-55).
Regarding claim 29, Viebach teaches The endoscope of claim 16,
wherein at least one tube port of the tube ports comprises:
a barbed push-in connection portion (fig. 5a/b, element 6b, [0037-38,74], distal portion of working channel 6b is installed into the divot of the second cylinder as shown in fig. 1. Said connection is a mating connection creating a seal, which is accomplished via projections, or barbs) integrally formed with the at least one tube port; and
an integrated sealing portion (fig. 4a-c, element 25, seal 25 abuts the inner circumference of the blind hole 12, which would be a portion that interacts with a valve seal, hence a sealing portion) integrally formed with the at least one tube port,
Viebach does not explicitly teach the device wherein the barbed push-in connection portion is made of a first material, wherein the first cylinder wall, the second cylinder wall, and the flange are made of a second material, and wherein the first material is different from the second material.
However, Wimmer teaches the device wherein the barbed push-in connection portion is made of a first material, wherein the first cylinder wall, the second cylinder wall, and the flange are made of a second material, and wherein the first material is different from the second material (col. 4, ln. 28-35, seal portion may be an O-ring, O-rings being comprised of soft plastics or rubber).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the seal of Viebach to be an O-ring as taught in Wimmer in order to form uniform seals (Wimmer col. 4, ln. 46-55).
Claim(s) 35, 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viebach as applied to claims 16, 36 above, and further in view of Kadan (US 20040082915 A1).
Regarding claim 35, Viebach teaches A system comprising:
the endoscope of claim 16;
Viebach does not teach a monitor.
However, Kadan teaches a monitor (fig. 21, element 124, [0083], high resolution monitor 124).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Viebach to include a monitor as taught in Kadan in order to visualize the surgical procedure for a whole operating team (Kadan [0005]).
Regarding claim 38, Viebach teaches A system comprising:
the endoscope of claim 36;
Viebach does not teach a monitor.
However, Kadan teaches a monitor (fig. 21, element 124, [0083], high resolution monitor 124).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Viebach to include a monitor as taught in Kadan in order to visualize the surgical procedure for a whole operating team (Kadan [0005]).
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 TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795