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
The amendment filed 03/18/2026 has been entered. Claims 1-11 are currently pending and examined below. Claim 1 is currently amended. Claim 11 is newly added.
Response to Arguments
Applicant’s arguments filed 03/18/2026 has been fully considered but are moot because of Applicant’s amendments. Applicant’s amendments to independent claim 1 changes the scope of the claims. Applicant has amended independent claim 1 with the newly added limitation stating, “…an observation window at a distalmost tip of the endoscope; an annular conical extending proximally from the observation window; a plurality of nozzles located on the annular conical over the observation window; an instrument channel outlet located on the annular conical
Such newly added limitation changes the scope of the claims, renders the previous rejection moot, and requires a new ground of rejection. Therefore, the rejection previously identified in the non-final office action, dated 01/14/2026, has been withdrawn. However upon further consideration a new ground of rejection is made below. Please see section 35 U.S.C. §103 for further explanation.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda et al. (JP2014132964A) hereinafter Ikeda, in view of Hironobu Ichimura (US2009/0253966) hereinafter Ichimura, in view of Yamamoto Seiichi (JP2012245188A) hereinafter Seiichi.
Regarding Claim 1, Ikeda discloses an endoscope(Fig. 1 endoscope main body 1) comprising:
an observation window (Figs. 1, 2, 8, 9 observation window 21) at a distalmost tip (near reference numeral 21 of Fig. 2a) of the endoscope (Fig. 1 endoscope main body 1);
an annular conical surface (Figs. 1-9 distal end surface 13, [0016] “ An imaging optical system having a direct-view observation window 21 and a side-view observation window 22 which are formed so as to protrude on a part of the original distal end surface (first end surface 13) of the distal end portion 5 of the insertion portion 4 of this embodiment. (Lens unit 20) is arranged. The first end surface 13 in the present embodiment forms a conical surface (or a tapered surface) that protrudes as shown in FIG. However, the first end face 13 is not limited to a flat conical surface, and may be a convex shape that is spherically expanded.”) extending proximally (near reference numeral 5 of Fig. 1) from the observation window (Figs. 1, 2, 8, 9 observation window 21);
a plurality of nozzles (Figs. 1-9 nozzles 25, 26, 27, [0020] and [0065] “… (6) The first tip portion is further provided with a fluid injection port for injecting a fluid toward the front in the insertion direction, and the fluid is the channel between the channel opening and the injection port. The endoscope apparatus according to (1), further comprising: a shielding plate that blocks injection in the direction of the opening. (7) The first projecting portion and the second projecting portion are provided adjacent to each other so that parts of the first projecting portion and the second projecting portion are integrally connected to each other, and the first projecting portion and the second projecting portion The channel opening and the injection port are provided on opposite sides of the first end surface and the first and second protrusions, respectively, such that each side wall of the nozzle blocks the injection of the fluid. The endoscope apparatus according to (1). (8) A tapered surface having an angle in a plane perpendicular to the insertion direction is formed on at least one of the first end surface, the side wall of the first projecting portion, and the side wall of the second projecting portion The endoscope apparatus according to (1) above.”) located on the annular conical surface (Figs. 1-9 distal end surface 13, [0016]) and that injects a fluid over ([0020 and 0065]) the observation window (Figs. 1, 2, 8, 9 observation window 21);
an instrument channel outlet (Figs. 1-9 forceps port 14, [0022]) located on the annular conical distal end surface (Figs. 1-9 distal end surface 13, [0016]); and
an operation unit (Fig. 1 operation part /proximal side 3, [0011]) that operates the injection of the fluid by the plurality of nozzles (Figs. 1-9 nozzles 25, 26, 27, [0065]), and
the observation window (Figs. 1, 2, 8, 9 observation window 21) distally extends in a longitudinal direction (Fig. 2a axis A) beyond the plurality of nozzles (Figs. 1-9 nozzles 25, 26, 27, [0065]).
Although, Ikeda teaches the observation window 21 is on the distal most surface of distal surface 13 and Ikeda teaches such surface can be spherical, Ikeda fails to explicitly teach the observation window extends in a longitudinal direction beyond the plurality of nozzles.
However Ichimura, in the same field of endeavor, teaches the observation window extends in a longitudinal direction beyond the plurality of nozzles (Ichimura – [0005-0007] “With the configuration of the above one aspect, by arranging the nozzle portion for delivering fluid to the observation portion provided on the distal end portion of the insertion portion on the non-projecting face of the insertion portion, the height of the nozzle is lowered. Thereby, when the projecting face of the insertion portion is brought in contact with a body tissue (a body to be examined) to conduct observation, the nozzle portion is made less likely to be caught by a living body.”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda with the teachings of Ichimura to explicitly have teaches the observation window extends in a longitudinal direction beyond the plurality of nozzles for the benefit of making sure the nozzles are “…less likely to be caught by a living body” within the field of view of the observation window (Ichimura – [0005-0007]).
Ikeda in view of Ichimura, are silent at explicitly teaching wherein a plurality of fluid channels that supplies the fluid from the operation unit to the plurality of nozzles is provided independently, each nozzle of the plurality of nozzles performs the injection non-simultaneously.
However Seiichi, in the same field of endeavor, teaches wherein a plurality of fluid channels that supplies the fluid from the operation unit to the plurality of nozzles is provided independently, each nozzle of the plurality of nozzles performs the injection non-simultaneously. (Seiichi - [0006], 0011], [0044], [0056] “In the first to third embodiments, the air / water supply valve 43 can be selectively switched between the first water supply state, the second water supply state, and the air supply state. Is not limited to this, for example, between the air supply / water supply nozzles 26a, 26b or the air supply / water supply nozzles 69a, 69b, between the water supply state in which cleaning water is injected from both, and the air supply state in which air is injected from both You may make it switch selectively.”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura with the teachings of Seiichi to include each nozzle of the plurality of nozzles performs the injection non-simultaneously for the benefit of the user is capable of selecting switching between air or water to selectively clean multiple parts of the distal end of the endoscope (Seiichi - ([0006], 0011], [0044], [0056]).
Regarding Claim 2, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, wherein an injection range (Seiichi – [0027] “The first and second air / water supply nozzles 26a and 26b (fluid injection nozzles) are provided at positions facing each other across the observation window 24, and inject air or washing water as a fluid. Further, the first and second air / water supply nozzles 26a and 26b pass through the center of the observation window 24 and are arranged at positions symmetrical with respect to the symmetry axis L2 intersecting with the symmetry axis L1 of the illumination windows 25a and 25b. Has been. The first air / water supply nozzle 26a has an injection direction S1 so as to inject air or washing water toward the observation window 24 and the second air / water supply nozzle 26b. In the water supply nozzle 26b, the injection direction S2 is set so as to inject air or cleaning water toward the observation window 24 and the first air / water supply nozzle 26a.”) of each nozzle (Seiichi – Fig. 2 first and second air / water supply nozzles 26a and 26b) of the plurality of nozzles is a partial surface of the observation window (Seiichi – Fig. 2 observation window 24) including a center of the observation window (Seiichi – Fig. 2 observation window 24), and a sum of injection ranges of an entirety of the plurality of nozzles (Seiichi – Fig. 2 first and second air / water supply nozzles 26a and 26b) is wider (Seiichi – [0027-0031] “The injection cylinder portion 34a has a guide surface 36 formed at a corner (corner portion) located between the injection port 35 and the side surface. The guide surface 36 is inclined from the distal end side in the ejection direction S1 toward the illumination window 25a. Thereby, when air or washing water is jetted from the second air / water feeding nozzle 26b toward the observation window 24 and the first air / water feeding nozzle 26a, a part of the air or washing water is guided to the guide surface 36. Led by. The air or cleaning water guided by the guide surface 36 hits the illumination window 25a. … The injection cylinder portion 37a has a guide surface 39 formed at a corner (corner portion) located between the injection port 38 and the side surface, and the guide surface 39 is inclined from the tip in the injection direction S2 toward the illumination window 25b. To do. Thereby, when air or cleaning water is jetted from the first air / water supply nozzle 26a toward the observation window 24 and the second air / water supply nozzle 26b, a part of the air guided by the guide surface 39. Alternatively, the washing water hits the illumination window 25b.”) than an entire surface of the observation window (Seiichi – Fig. 2 observation window 24).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura with the teachings of Seiichi to have an injection range of each nozzle of the plurality of nozzles is a partial surface of the observation window including a center of the observation window, and a sum of injection ranges of an entirety of the plurality of nozzles is wider than an entire surface of the observation window for the benefit of applying fluid to other parts of the distal end (Seiichi – [0057])
Regarding Claim 3, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, wherein an injection direction of each nozzle of the plurality of nozzles (Seiichi – [0027-0031]) is offset from a center of the observation window (Seiichi – Fig. 2 observation window 24), and injection directions (Seiichi – [0027-0031]) of the plurality of nozzles (Seiichi – Fig. 2 first and second air / water supply nozzles 26a and 26b) are parallel to each other (Seiichi – Fig. 2 and [0027-0031]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura with the teachings of Seiichi to have an injection direction of each nozzle of the plurality of nozzles is offset from a center of the observation window, and injection directions of the plurality of nozzles are parallel with each other for the benefit of applying fluid to other parts of the distal end (Seiichi – [0057])
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura with the teachings of Seiichi to have an injection direction of each nozzle of the plurality of nozzles is offset from a center of the observation window, and injection directions of the plurality of nozzles are parallel with each other for the benefit of applying fluid to other parts of the distal end (Seiichi – [0057])
Regarding Claim 4, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, wherein an injection direction (Seiichi – [0027-0031]) of each nozzle (Seiichi – Fig. 2 first and second air / water supply nozzles 26a and 26b) of the plurality of nozzles is offset from a center of the observation window (Seiichi – Fig. 2 observation window 24), and injection directions of the plurality of nozzles (Seiichi – Fig. 2 first and second air / water supply nozzles 26a and 26b) intersect with each other (Seiichi – Fig. 2 and [0027-0031]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura with the teachings of Seiichi to have an injection direction of each nozzle of the plurality of nozzles is offset from a center of the observation window, and injection directions of the plurality of nozzles intersect with each other for the benefit of applying fluid to other parts of the distal end (Seiichi – [0057])
Regarding Claim 9, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, further comprising a distalmost endoscope end having an elliptical cross section (Ikeda - [0016] “ An imaging optical system having a direct-view observation window 21 and a side-view observation window 22 which are formed so as to protrude on a part of the original distal end surface (first end surface 13) of the distal end portion 5 of the insertion portion 4 of this embodiment. (Lens unit 20) is arranged. The first end surface 13 in the present embodiment forms a conical surface (or a tapered surface) that protrudes as shown in FIG. However, the first end face 13 is not limited to a flat conical surface, and may be a convex shape that is spherically expanded.”).
Regarding Claim 10, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, wherein each nozzle of the plurality of nozzles has an outwardly-angled injection port such that the plurality of nozzles each injects fluid in a distal injection direction (Ikeda - (Figs. 1-9 nozzles 25, 26, 27, [0020] and [0065] “… (6) The first tip portion is further provided with a fluid injection port for injecting a fluid toward the front in the insertion direction, and the fluid is the channel between the channel opening and the injection port. The endoscope apparatus according to (1), further comprising: a shielding plate that blocks injection in the direction of the opening. (7) The first projecting portion and the second projecting portion are provided adjacent to each other so that parts of the first projecting portion and the second projecting portion are integrally connected to each other, and the first projecting portion and the second projecting portion The channel opening and the injection port are provided on opposite sides of the first end surface and the first and second protrusions, respectively, such that each side wall of the nozzle blocks the injection of the fluid. The endoscope apparatus according to (1). (8) A tapered surface having an angle in a plane perpendicular to the insertion direction is formed on at least one of the first end surface, the side wall of the first projecting portion, and the side wall of the second projecting portion The endoscope apparatus according to (1) above.”).
Regarding Claim 11, Ikeda in view of Ichimura in view of Seiichi teach the endoscope according to claim 1, wherein a curve extending from an outer edge of the annular conical surface to a center of the observation window is an uninterrupted, continuous curve (Ikeda - [0016] “ An imaging optical system having a direct-view observation window 21 and a side-view observation window 22 which are formed so as to protrude on a part of the original distal end surface (first end surface 13) of the distal end portion 5 of the insertion portion 4 of this embodiment. (Lens unit 20) is arranged. The first end surface 13 in the present embodiment forms a conical surface (or a tapered surface) that protrudes as shown in FIG. However, the first end face 13 is not limited to a flat conical surface, and may be a convex shape that is spherically expanded.”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda in view of Ichimura in view of Seiichi in view of Tajima et al. (US2020/0000320) hereinafter Tajima.
Regarding Claim 5, Ikeda in view of Ichimura in view of Seiichi teaches the endoscope according to claim 1, wherein the plurality of nozzles (Seiichi - Fig. 2 first and second air / water supply nozzles 26a and 26b) includes a first nozzle (Seiichi - Fig. 2 first and second air / water supply nozzles 26a) having a first injection direction of which is directed toward the center of the observation window (Seiichi - Fig. 2 observation window 24)and a second nozzle (Seiichi - Fig. 2 first and second air / water supply nozzles 26b) having a second injection direction of which is offset from the center of the observation window(Seiichi - Fig. 2 observation window 24), the first nozzle injects toward a surface (Seiichi - Fig. 2 and [0027-0031])of the observation window (Seiichi - Fig. 2 observation window 24) on a side of the first nozzle, and the second nozzle injects toward a surface (Seiichi - Fig. 2 and [0027-0031]) on a side opposite to the surface (Seiichi - Fig. 2 and [0027-0031]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Ikeda in view of Ichimura in view of Seiichi to include the plurality of nozzles includes a first nozzle having a first injection direction of which is directed toward a center of the observation window and a second nozzle having a second injection direction of which is offset from the center of the observation window, the first nozzle injects toward a surface of the observation window on a side of the first nozzle, and the second nozzle injects toward a surface on a side opposite to the surface for the benefit of applying fluid to other parts of the distal end (Seiichi – [0057])
Ikeda in view of Ichimura in view of Seiichi fails to state wherein the observation window has a convex shape.
However Tajima, in the same field of endeavor, teaches wherein the observation window has a convex shape ([0031] “A front surface side of the observation window 51, that is, an incident surface side of observation light is a convex surface.” [0057] Since the meniscus lens in which the front surface side, that is, the incident surface side of the observation light, is the convex surface is used as the observation window 51 as described with reference to FIG. 3 in the present embodiment, it is possible to provide the endoscope 10 with the wide viewing angle of the observation field of view.”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Ikeda in view of Ichimura in view of Seiichi with the teachings of Tajima to include the observation window has a convex shape for the benefit of having a wide viewing angle of the whole observation field of view [Tajima – 0057].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda in view of Ichimura in view of Seiichi in view of Tajima in view of Fuminori Wake (US2019/0174999) hereinafter Wake.
Regarding Claim 6, Ikeda in view of Ichimura in view of Seiichi in view of Tajima teach the endoscope according to claim 5, but are silent as to wherein an injection range of the first nozzle of the plurality of nozzles is wider than an injection range of the second nozzle of the plurality of nozzles.
However Wake, in the same field of endeavor teaches, wherein an injection range of the first nozzle (Figs. 1-4 gas feed passage 53) of the plurality of nozzles is wider (Fig. 4 [0050] “…for the gas feed passage 53, the ejection direction of the gas (that is, the direction of the center axis Ob of the ejection port 53 a, the ejection center direction when the gas is ejected with a certain angle range) is set to a direction that is such a direction that the gas ejected from the ejection port 53 a does not directly traverse the observation window 50 (that is, direction that does not traverse an area A1 (see FIG. 4) surrounded by tangents to the ejection port 53 a and the observation window 50) and does not traverse a field-of-view area A2 (see FIG. 5) of the observation window 50.”) than an injection range of the second nozzle (Figs. 1-4 ejection port 39) of the plurality of nozzles.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura in view of Seiichi in view of Tajima with the teachings of Wake to include an injection range of the first nozzle is wider than an injection range of the second nozzle for the benefit of directing debris away from the observation window’s field of view (Wake – [0051-0060]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda in view of Ichimura in view of Seiichi in view of Tajima in view of Yan et al. (US2022/0104696) hereinafter Yan.
Regarding Claim 7, Ikeda in view of Ichimura in view of Seiichi in view of Tajima teach the endoscope according to claim 5, but fails to explicitly teach wherein a diameter of a fluid channel of the first nozzle of the plurality of nozzles is larger than a diameter of a fluid channel of the second nozzle of the plurality of nozzles.
However Yan, in the same field of endeavor teaches, wherein a diameter of a fluid channel of the first nozzle of the plurality of nozzles is larger than a diameter of a fluid channel of the second nozzle of the plurality of nozzles (Yan – [0020] “The one or more channels may one or more of the following: … (iii) have a plurality of portions that are differently sized and/or shaped to provide different flow velocities for the cleaning and/or the one or more irrigation function(s)”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ikeda in view of Ichimura in view of Seiichi in view of Tajima with the teachings of Yan to include wherein a diameter of a fluid channel of the first nozzle is larger than a diameter of a fluid channel of the second nozzle for the benefit of “…provid[ing] different flow velocities…” (Yan – [0020]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda in view of Ichimura in view of Seiichi in view of Salman et al. (US2015/0005581) hereinafter Salman.
Regarding Claim 8, Ikeda in view of Ichimura in view of Seiichi discloses endoscope according to claim 1, but is silent as to wherein the plurality of fluid channels includes: first and second fluid channels that supplies water and air, respectively, to one nozzle of the plurality of nozzles; and a third fluid channel that supplies water to another nozzle of the plurality of nozzles, and the first to third fluid channels do not communicate with one another and directly connect the operation unit to the nozzles.
However Salman, in the same field of endeavor teaches the plurality of fluid channels includes: first and second fluid channels that supplies water and air, respectively, to one nozzle of the plurality of nozzles; and a third fluid channel that supplies water to another nozzle of the plurality of nozzles, and the first to third fluid channels do not communicate with one another and directly connect the operation unit to the nozzles (Salman – [0099] “…The jet distributor typically comprises three fluid channels to provide fluid to the front jet 344, right-side jets 605a, 610a and left-side-jets 605b, 610b in the endoscope tip 6501. FIG. 4A illustrates a multi jet distributor 4000, in accordance with an embodiment of the present specification. As illustrated, the multi jet distributor 4000 comprises a distributor motor housing 4002 and a distributor motor 4004 coupled with a motor shaft 4006 which in turn is coupled with a distributor rotating plug 5002 placed inside a distributor disc or cap 4008 adapted to channel fluid out into three exiting fluid pipelines 4010, 4012, and 4014, thereby supplying fluid to three jet openings (front jet 344, right-side-jets 605a, 610a and left-side-jets 605b, 610b) in the endoscope tip. The multi jet distributor 4000 further comprises an entering fluid pipeline 4016 that transports fluid from a fluid source, via a conventional jet pump, into the multi-jet distributor 4000. Locking element 4018 enables the distributor disc 4008 to be latched on to the motor shaft 4006. In various embodiments, different fluid distribution rates can be selected by varying the electric current applied to the distributor motor.”, [0075, 0079, 0089])
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Ikeda in view of Ichimura in view of Seiichi with the teachings of Salman to include wherein the plurality of fluid channels includes: first and second fluid channels that supplies water and air, respectively, to one nozzle; and a third fluid channel that supplies water to another nozzle, and the first to third fluid channels do not communicate with one another and directly connect the operation unit to the nozzles for the benefit of having “…different fluid distribution rates [, which] can be selected by varying the electrical current applied to the distributor motor” (Salman – [0099]).
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.
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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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