Prosecution Insights
Last updated: April 19, 2026
Application No. 18/272,404

ENDOSCOPE AND ENDOSCOPE SYSTEM

Non-Final OA §103
Filed
Jul 14, 2023
Examiner
SHARPLESS, CHRISTEN ALICIA
Art Unit
3795
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hoya Corporation
OA Round
3 (Non-Final)
48%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
76%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allow Rate
49 granted / 103 resolved
-22.4% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
39 currently pending
Career history
142
Total Applications
across all art units

Statute-Specific Performance

§103
61.9%
+21.9% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 103 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/05/2026 has been entered. Response to Amendment The amendments to claims 1 and 6 in the response filed on 03/05/2026 are acknowledged. Claims 1-11 remain pending in the application Claims 1-11 are examined. Response to Arguments The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claims 1 and 6 to require “a metal wire group having a circular cross section arranged along a circumference of the endoscope cable so as to surround entirety of the plurality of individual cables… the plurality of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, the plurality of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability”, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented. 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. Claim(s) 1-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2004195269A to Yoshimitsu in view of US2018/0151272 to Hitachi et al. (hereinafter “Hitachi”) and in view of JP H08256974 A to Kishi et al. (hereinafter “Kishi”). Regarding claim 1, Yoshimitsu discloses an endoscope, to be inserted into a body cavity, comprising: a distal tip portion (12, Fig. 1, [0016]); an endoscope cable that electrically connects the distal tip portion (30, Fig. 2, [0020]); and a connector located at a rear end portion of the endoscope (10, Fig. 1, [0014]), the connector being configured to be connected to a processor for an endoscope (5, Fig. 1, [0013]), wherein the endoscope cable includes a plurality of individual cables (41, 43, Fig. 3, [0040]) and is provided with an entire shield portion (30b, Fig. 2, [0043]) to provide an electric shield function and to surround entirety of the plurality of individual cables, and a cable core wire including a metal wire group in each of the individual cables (39a, Fig. 4, [0045]). Yoshimitsu fails to expressly teach an entire shield portion including a metal wire group having a circular cross section arranged along a circumference of the endoscope cable so as to surround entirety of the plurality of individual cables and comprising a plurality of metal wires arranged together to provide an electric shield function and to surround entirety of the plurality of individual cables and the metal wire group in at least one of the entire shield portion and the cable core wires comprises a plurality of types of metal wires having different compositions from each other. However, Hitachi teaches of an endoscope including an entire shield portion including a metal wire group having a circular cross section arranged along a circumference of the endoscope cable so as to surround entirety of the plurality of individual cables and comprising a plurality of metal wires arranged together to provide an electric shield function and to surround entirety of the plurality of individual cables (Hitachi: 6, Fig. 1, [0035]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu to utilize a shield portion in the manner as taught by Hitachi. It would have been advantageous to make the combination for the purpose of improving the flex resistance of the cable ([0035] of Yoshimitsu). Yoshimitsu, in view of Hitachi, fails to expressly teach the cable core wires comprises a plurality of types of metal wires having different compositions from each other, the plurality of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, the plurality of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability. However, Kishi teaches of an analogous device wherein the cable core wires comprises a plurality of types of metal wires having different compositions from each other, the plurality of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, the plurality of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]) Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi, to utilize a plurality of types of metal wires having different compositions from each other, as taught by Kishi. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 2, Yoshimitsu, in view of Hitachi, and Matsumura, teaches the endoscope according to claim 1, and Yoshimitsu further discloses wherein at least one of the plurality of individual cables includes an individual cable shield portion including a metal wire group having an electric shield function so as to surround a periphery of the cable core wire (Yoshimitsu: 39d, Fig. 4, [0053]). Regarding claim 3, Yoshimitsu, in view of Hitachi, and Matsumura, teaches the endoscope according to claim 2, and Yoshimitsu further discloses wherein the metal wire group in the individual cable shield portion (30b, Fig. 2, [0043]). Yoshimitsu, in view of Hitachi, and Matsumura, fails to expressly teach wherein the portion is configured by combining a plurality of types of metal wires having different compositions from each other. However, Kishi further teaches wherein the portion is configured by combining a plurality of types of metal wires having different compositions from each other (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Matsumura, to utilize a plurality of types of metal wires having different compositions from each other, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 4, Yoshimitsu, in view of Hitachi, and Matsumura, teaches the endoscope according to claim 2. Yoshimitsu, in view of Hitachi, and Matsumura, fails to expressly teach wherein the metal wire groups in at least two of the entire shield portion, the cable core wire, and the individual cable shield portion are configured by combining a plurality of types of metal wires having different compositions from each other, and the types of metal wires used for the metal wire groups in the at least two are same, but a ratio of a number of the plurality of types of metal wires used in the metal wire group is different between the metal wire groups in the at least two. However, Kishi further teaches wherein the metal wire groups in at least two of the entire shield portion, the cable core wire, and the individual cable shield portion are configured by combining a plurality of types of metal wires having different compositions from each other, and the types of metal wires used for the metal wire groups in the at least two are same, but a ratio of a number of the plurality of types of metal wires used in the metal wire group is different between the metal wire groups in the at least two (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Matusumura, to utilize a plurality of types of metal wires having different compositions from each other, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 5, Yoshimitsu, in view of Hitachi and Matusumura, teaches the endoscope according to claim 1, and Yoshimitsu further discloses wherein the metal wire group in at least one of the entire shield portion and the individual cables is arranged along a periphery of the endoscope cable or along a periphery of the individual cable (30b, Fig. 2, [0043]). Yoshimitsu, in view of Hitachi and Matusumura, fails to expressly teach such that the plurality of types of metal wires is repeated in a predetermined order. However, Kishi further teaches such that the plurality of types of metal wires is repeated in a predetermined order (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Matusumura, to utilize a plurality of types of metal wires having different compositions from each other, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 6, Yoshimitsu discloses an endoscope, to be inserted into a body cavity, comprising: a distal tip portion (12, Fig. 1, [0016]); an endoscope cable that electrically connects the distal tip portion(30, Fig. 2, [0020]); and a connector located at a rear end portion of the endoscope (10, Fig. 1, [0014]), the connector being to be connected to a processor for an endoscope(5, Fig. 1, [0013]), wherein the endoscope cable includes a plurality of individual cables (41, 43, Fig. 3, [0040]), and is provided with an entire shield portion (30b, Fig. 2, [0043]) including a metal wire group having a circular cross section arranged along a circumference of the endoscope cable so as to surround entirety of the plurality of individual cables and comprising a plurality of metal wires arranged together to provide an electric shield function and to surround entirety of the plurality of individual cables (39a, Fig. 4, [0045]). Yoshimitsu fails to expressly teach and a cable core wire including a metal wire group in each of the individual cables, at least one of the plurality of individual cables includes an individual cable shield portion including a metal wire group having an electric shield function so as to surround a periphery of the cable core wire and a combination of types of metal wires used for the metal wire group is different between the metal wire groups in at least two of the entire shield portion, the cable core wire, and the individual cable shield portion, the combination of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, and the combination of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability. However, Hitachi further teaches of an endoscope including a cable core wire including a metal wire group in each of the individual cables, at least one of the plurality of individual cables includes an individual cable shield portion including a metal wire group having an electric shield function so as to surround a periphery of the cable core wire (6, Fig. 1, [0035]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu to utilize a shield portion in the manner as taught by Hitachi. It would have been advantageous to make the combination for the purpose of improving the flex resistance of the cable ([0035] of Yoshimitsu). Yoshimitsu, in view of Hitachi, fails to expressly teach a combination of types of metal wires used for the metal wire group is different between the metal wire groups in at least two of the entire shield portion, the cable core wire, and the individual cable shield portion, the combination of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, and the combination of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability. However, Kishi teaches of an analogous device including a combination of types of metal wires used for the metal wire group is different between the metal wire groups in at least two of the entire shield portion, the cable core wire, and the individual cable shield portion, the combination of types of metal wires are arranged adjacent to each other in an alternating sequence along the circumference of the entire shield portion, and the combination of types of metal wires are selected such that at least one type has higher durability and higher repulsive force against deformation and at least one other type has lower repulsive force against deformation to improve connection workability (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]).. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi, to utilize a plurality of types of metal wires having different compositions from each other, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 7, Yoshimitsu, in view of Hitachi and Matusumura teaches the endoscope according to claim 1, and Yoshimitsu, in view of Hitachi and Matusumura fails to expressly teach wherein a metal composition is different among the plurality of types of metal wires. However, Kishi further teaches wherein a metal composition is different among the plurality of types of metal wires (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Matsumura, to utilize a plurality of types of metal wires, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Regarding claim 10, Yoshimitsu, in view of Hitachi and Kishi fails to expressly teach the endoscope according to claim 1, and Yoshimitsu, in view of Hitachi and Kishi fails to expressly teach wherein at least one characteristic of conductivity (JIS C3002) and Young's modulus is different among the plurality of types of metal wires having different compositions. However, Kishi further teaches wherein at least one characteristic of conductivity (JIS C3002) and Young's modulus is different among the plurality of types of metal wires having different compositions (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Kishi, to utilize a plurality of types of metal wires, as taught by Kishi. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2004195269A to Yoshimitsu in view of US2018/0151272 to Hitachi et al. (hereinafter “Hitachi”) and in view of JP H08256974 A to Kishi et al. (hereinafter “Kishi”) and further in view of U.S. Publication No. 2022/0238253 to Matsumura et al. (hereinafter “Matsumura”). Regarding claim 8, Yoshimitsu, in view of Hitachi and Kishi teaches the endoscope according to claim 1. Yoshimitsu, in view of Hitachi and Kishi fails to expressly teach wherein the plurality of types of metal wires includes at least a soft copper (conforming to JIS C3102-1984 or JIS C3152-1984) wire and a copper alloy wire having a Young's modulus larger than the soft copper wire. However, Matsumura teaches of an analogous device wherein the plurality of types of metal wires includes at least a soft copper (conforming to JIS C3102-1984 or JIS C3152-1984) wire and a copper alloy wire having a Young's modulus larger than the soft copper wire (Matsumura: [0044]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Matsumura, to utilize a plurality of types of metal wires, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of serving as a conductor ([0044] of Matsumura). Regarding claim 9, Yoshimitsu, in view of Hitachi and Kishi and Matsumura teaches the endoscope according to claim 8, and Yoshimitsu, in view of Hitachi and Kishi Matsumura fails to expressly teach wherein the copper alloy wire includes a plurality of types of copper alloy wires having different metal compositions. However, Matsumura further teaches wherein the copper alloy wire includes a plurality of types of copper alloy wires having different metal compositions (Matsumura: [0044]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi and Kishi and Matsumura, to utilize a plurality of types of metal wires, as taught by Matsumura. It would have been advantageous to make the combination for the purpose of serving as a conductor ([0044] of Matsumura). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2004195269A to Yoshimitsu in view of US2018/0151272 to Hitachi et al. (hereinafter “Hitachi”) and in view of JP H08256974 A to Kishi (hereinafter “Kishi”) and further in view of U.S. Publication No. 2017/0100018 to Saito et al. (hereinafter “Saito”). Regarding claim 11, Yoshimitsu, in view of Hitachi, and Kishi, teaches an endoscope system comprising: the endoscope according to claim 1; and Yoshimitsu further discloses a processor (5, Fig. 1, [0013]) for an endoscope (2, Fig. 1, [0014]) that is connected to the endoscope via the connector (10, Fig. 1, [0014]), outputs an instruction signal to the endoscope (5, Fig. 1, [0013]), and performs signal processing in response to an input of a signal output from the endoscope (5, Fig. 1, [0013]), wherein the endoscope connectable to the processor for an endoscope according to use conditions including a site in a body cavity into which the endoscope is inserted and operation content of the endoscope (2, Fig. 1, [0014]), and at least one of a combination of types of the metal wires used for the endoscope cable and a ratio of a number of the plurality of metal wires used in the metal wire group is different in at least two endoscopes in the endoscope group according to the use conditions (duplication of parts see MPEP 2144.04 (VI) (B)). Yoshimitsu, in view of Hitachi, and Kishi, fails to expressly teach wherein the endoscope is an endoscope selected from an endoscope group connectable to the processor, a plurality of types of metal wires used in the metal wire group. However, Saito teaches of an endoscope system (Saito: 1, Fig. 1, [0030]) wherein the endoscope is an endoscope selected from an endoscope group connectable to the processor (Saito: [0102]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi, and Kishi, to utilize an endoscope group, as taught by Saito. It would have been advantageous to make the combination for the purpose of making it easy to perform observation or inspection, treatment performed using a treatment instrument ([0005] of Saito). Yoshimitsu, in view of Hitachi, and Kishi and Saito, fails to expressly teach a plurality of types of metal wires used in the metal wire group. However, Kishi further teaches a plurality of types of metal wires used in the metal wire group compositions (Kishi: 71, 72, 73, 74, Fig. 8, [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yoshimitsu, in view of Hitachi, and Kishi and Saito, to utilize a plurality of types of metal wires, as taught by Kishi. It would have been advantageous to make the combination for the purpose of eliminating the frequency of the noise ([0024] of Kishi). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTEN A. SHARPLESS whose telephone number is (571)272-2387. The examiner can normally be reached Monday-Tuesday 6:00 AM - 2:00 PM, and Friday 6:00 AM - 10:00 AM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.A.S./Examiner, Art Unit 3795 /MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Read full office action

Prosecution Timeline

Jul 14, 2023
Application Filed
Aug 09, 2025
Non-Final Rejection — §103
Oct 14, 2025
Interview Requested
Oct 21, 2025
Applicant Interview (Telephonic)
Oct 22, 2025
Response Filed
Dec 15, 2025
Examiner Interview Summary
Jan 23, 2026
Final Rejection — §103
Feb 17, 2026
Response after Non-Final Action
Mar 05, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Mar 21, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
48%
Grant Probability
76%
With Interview (+28.9%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 103 resolved cases by this examiner. Grant probability derived from career allow rate.

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