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 .
Status of Claims
Claims 1, 4-7, 22-24, 26, 34-35, 37-39, 57, 59-60, 63, 65, 70, and 72-75 are pending, claims 2-3, 8-21, 25, 27-33, 36, 40-56, 58, 61-62, 64, 66-69, and 71 have been cancelled, claim 75 has been added, and claims 1, 4-7, 22-24, 26, 34-35, 37-39, 57, 59-60, 63, 65, 70, and 72-75 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objections and 35 USC 112 Rejections have been withdrawn in light of Applicant’s amendments.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/20/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-7, 22-24, 26, 34-35, 37-39, 57, 59-60, 63, 65, 70, and 72-75 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a video processing apparatus” in claims 39 and 70.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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) 1, 26, 38-39, 57, 63, 65, 70, and 73-74 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819), in view of Iuel (US 2015/0366436).
Regarding claim 1, Ouyang discloses an endoscope (see 100, figure 1) comprising: a handle (104, figure 5) including a handle housing (see 104, figure 5) comprising an internal space (see fluid inflow 618, figure 6; [0099]); an insertion cord (122, figure 4a) attached to the handle housing (see how the proximal end of 122 is attached to 104 and 108, figure 4a), the insertion cord including: an insertion tube (see the shaft 122, figure 4a) including a longitudinal wall having an internal surface (see wall and inner surface of 122, figure 9c), a distal end and a proximal end (see distal and proximal ends of 122, figure 4a); a distal tip (120, figure 4a), the distal tip comprising a camera (camera in tip 120 [0095]); electrical conductors extending from the camera to the handle (electrical cable…between the camera module…to connection pins housed within sleeve 460 [0093]; see figure 4b); a working channel tube (see 116 and 628, figure 6) extending through the insertion tube (822, figure 9c); a sealing body (see part of 470 with 618 in it, figure 8b) positioned in the internal space of the handle housing, the proximal end of the insertion tube being sealingly connected to (see arrows for 618, figure 8b), and sealed from the internal space of the handle housing by (see gasket 620, figure 8b), the sealing body (figure 8b); and a fluid passage (see 618, figure 6) inside the handle and comprising an outlet end (114a, figure 6) sealingly connected to the sealing body. Ouyang is silent regarding a bending section connected to the distal end of the insertion tube; the distal tip extending distally from the bending section; the electrical conductors extending through the bending section and the insertion tube; the working channel tube extending through the bending section; the working channel tube including a longitudinal wall with an outer surface, the longitudinal wall being structurally distinct and not shared; pull cable sheaths extending through the insertion tube, the pull cable sheaths including longitudinal walls with outer surfaces, the longitudinal walls being structurally distinct from and not shared with the longitudinal wall of the insertion tube nor the longitudinal wall of the working channel tube; and pull cables extending through the pull cable sheaths; wherein the insertion tube comprises an interstitial lumen formed at least between the internal surface, the outer surface of the working channel tube, and the outer surfaces of the pull cable sheaths, said interstitial lumen directing a fluid discharged from the outlet end of the fluid passage through the insertion cord in direct fluid contact with the working channel tube, the pull cable sheaths and the internal surface of the insertion tube.
Iuel teaches an endoscope (1, figure 1) with an operating handle (2, figure 1) and a flexible insertion tube (12, figure 1). At the distal end of the insertion tube is an articulated tip part (3, figures 1-2). The articulated tip part (3, figure 2) has a distal end segment (4, figure 2), a proximal end segment (6, figure 2), and a number of intermediate segments (5, figure 2). There is an outer sheath over the insertion tube ([0037]). Pull wires (15, figure 4) are inside an outer guide tube (9, figure 4) and are connected to the distal end segment leading to the operating handle ([0039]). A working channel also runs along the inside of the insertion tube from the handle to the tip ([0003]), where the tube for the working channel may be made from polyurethane ([0047]). Typical endoscopes comprise a camera at the distal end, with electrical wiring for the camera and other electronics run along the inside of the elongated insertion tube from the handle to the tip ([0003]).
It would have been obvious to modify the endoscope of Ouyang with the articulated tip part (3, figure 2), outer sheath ([0037]), pull wires (15, figure 4), outer guide tubes (9, figure 4), a working channel ([0003]), and electrical wiring ([0003]) as taught by Iuel. Doing so would provide an articulated tip part that can be deflected by the pull wires ([0040]), an outer sheath ([0037]), a tube for a working channel that runs from the handle to the tip ([0003] | [0047]), and electrical wiring to connect the camera to the handle ([0003]). The modified endoscope would have a bending section (3, figure 2; Iuel) connected to the distal end of the insertion tube (see 3 connected to 12, figure 2); the distal tip extending distally from the bending section (see 4, figure 2; Iuel | see 120, figure 4a; Ouyang); the electrical conductors extending through the bending section and the insertion tube (electrical wiring for the camera…from the handle to the tip [0003]; Iuel); the working channel tube extending through the bending section (working channel…from the handle to the tip [0003]; Iuel); the working channel tube including a longitudinal wall with an outer surface (tube for a working channel [0047]; Iuel | interpreted the tube for the working channel to have a wall and an outer surface), the longitudinal wall being structurally distinct and not shared (tube for a working channel [0047]; Iuel | interpreted the tube for the working channel to be a separate/individual tube); pull cable sheaths (9, figure 4; Iuel) extending through the insertion tube, the pull cable sheaths including longitudinal walls with outer surfaces (see 9, figure 4; Iuel), the longitudinal walls being structurally distinct from and not shared with the longitudinal wall of the insertion tube (see 9 vs. 12, figure 4) nor the longitudinal wall of the working channel tube (tube for a working channel [0047]; Iuel | interpreted the tube for the working channel to be a separate/individual tube); and pull cables (15, figure 4; Iuel) extending through the pull cable sheaths; wherein the insertion tube comprises an interstitial lumen (see fluid inflow path 618, figure 6; Ouyang) formed at least between the internal surface, the outer surface of the working channel tube, and the outer surfaces of the pull cable sheaths (the modified endoscope would have an interstitial lumen between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel), said interstitial lumen directing a fluid discharged from the outlet end of the fluid passage through the insertion cord in direct fluid contact with the working channel tube, the pull cable sheaths and the internal surface of the insertion tube (see fluid inflow path 618, figure 6; Ouyang | the modified endoscope would have an interstitial lumen between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel).
Regarding claim 26, Ouyang further discloses the sealing body is constituted by a single molded body (molded…barrier 530…manufactured [0101]; Ouyang | interpreted the barrier 530 can be a single molded piece or two molded halves), and wherein the single molded body is molded in situ (manufactured [0101] | glue…between the barrier 530 and shell 470 [0102]).
Regarding claim 38, Ouyang further discloses the distal tip comprises a fluid channel (distal tip…channels for fluid in-flow [0109]; Ouyang) having a fluid discharge opening (fluid to exit the tip…[0109]; Ouyang) and a proximal end (see fluid inflow path 618, figure 6; Ouyang) in fluid communication with the interstitial lumen (the modified endoscope would have an interstitial lumen between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel), the fluid discharge opening being distal of the proximal end and configured to discharge the fluid (fluid to exit the tip…[0109]; Ouyang).
Regarding claim 39, Ouyang discloses an endoscope system comprising: the endoscope of claim 1 (see rejection of claim 1 above); and a video processing apparatus (this element is interpreted under 35 USC 112f as a monitor | see 110, figure 1; Ouyang).
Regarding claim 57, Ouyang discloses an endoscope (see 100, figure 1) comprising: a handle (104, figure 5) including a handle housing (see 104, figure 5), an irrigation inlet port (114a, figure 8b) adapted to receive irrigation fluid (see 618, figure 8b), and an irrigation channel (see channel for 618, figure 8b); a working channel tube (see 116 and 628, figure 6); and an insertion cord (122, figure 4a) extending distally from the handle (see how the proximal end of 122 is attached to 104 and 108, figure 4a), the insertion cord including: an insertion tube (see the shaft 122, figure 4a) having an internal surface (see circular internal surface of 122, figure 9c), a distal end and a proximal end (see distal and proximal ends of 122, figure 4a); a distal tip (120, figure 4a) including a tip housing (see 120 and 1040, figure 10); a camera (camera in tip 120 [0095]) at least partially enclosed in the tip housing. Ouyang is silent regarding the working channel tube including an outer surface; pull cable sheaths including outer surfaces structurally distinct from and not affixed to the outer surface of the working channel tube; and pull cables extending through the pull cable sheaths; the internal surface being structurally distinct from and not affixed to the outer surface of the working channel tube nor the outer surfaces of the pull cable sheaths; a bending section extending from the insertion tube, the bending section comprising a one-piece part comprising segments and hinges interconnecting the segments to each other, the segments including a distal segment; a bending section cover; the distal tip extending from the bending section; interstitial space within the insertion tube in fluid communication with the irrigation channel; and at least one interstitial flow opening in fluid communication with the interstitial space and adapted to discharge the irrigation fluid, wherein the working channel tube and the pull cable sheaths extend through the insertion tube, and wherein the interstitial space is formed at least between the internal surface, the outer surface of the working channel tube, and the outer surfaces of the pull cable sheaths, said interstitial space directing the irrigation fluid through the insertion cord in direct fluid contact with the outer surface of the working channel tube, the outer surfaces of the pull cable sheaths and the internal surface of the insertion tube.
Iuel teaches an endoscope (1, figure 1) with an operating handle (2, figure 1) and a flexible insertion tube (12, figure 1). At the distal end of the insertion tube is an articulated tip part (3, figures 1-2). The articulated tip part (3, figure 2) has a distal end segment (4, figure 2), a proximal end segment (6, figure 2), and a number of intermediate segments (5, figure 2) created by v-shaped cut outs (7, figure 2). There is an outer sheath over the insertion tube ([0037]). Pull wires (15, figure 4) are inside an outer guide tube (9, figure 4) and are connected to the distal end segment leading to the operating handle ([0039]). A working channel also runs along the inside of the insertion tube from the handle to the tip ([0003]), where the tube for the working channel may be made from polyurethane ([0047]).
It would have been obvious to modify the endoscope of Ouyang with the articulated tip part (3, figure 2), an outer sheath ([0037]), pull wires (15, figure 4), outer guide tubes (9, figure 4), and a working channel ([0003]) as taught by Iuel. Doing so would provide an articulated tip part that can be deflected by the pull wires ([0040]), an outer sheath ([0037]), and a tube for a working channel that runs from the handle to the tip ([0003] | [0047]). The modified endoscope would have the working channel tube including an outer surface (tube for a working channel [0047]; Iuel | interpreted the tube for the working channel to have a wall and an outer surface; Iuel); pull cable sheaths (9, figure 4; Iuel) including outer surfaces structurally distinct from and not affixed to the outer surface of the working channel tube (see 9, figure 4; Iuel); and pull cables (15, figure 4; Iuel) extending through the pull cable sheaths; the internal surface being structurally distinct from and not affixed to the outer surface of the working channel tube (tube for a working channel [0047]; Iuel | interpreted the tube for the working channel to be a separate/individual tube) nor the outer surfaces of the pull cable sheaths (see 9 vs. 12, figure 4); a bending section (3, figure 2; Iuel) extending from the insertion tube (see 3 connected to 12, figure 2), the bending section comprising a one-piece part comprising segments and hinges interconnecting the segments to each other (hinged segments…v-shaped cut outs 7 [0039]; see figure 2 of Iuel), the segments including a distal segment (4, figure 2; Iuel); a bending section cover (outer sheath…[0037]; Iuel); the distal tip extending from the bending section (see 4, figure 2; Iuel | see 120, figure 4a; Ouyang); interstitial space (see fluid inflow path 618, figure 6; Ouyang) within the insertion tube in fluid communication with the irrigation channel (the modified endoscope would have an interstitial space between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel); and at least one interstitial flow opening (fluid to exit the tip…[0109]; Ouyang) in fluid communication with the interstitial space and adapted to discharge the irrigation fluid, wherein the working channel tube and the pull cable sheaths extend through the insertion tube (see 9 vs. 12, figure 4 and [0047] of Iuel), and wherein the interstitial space is formed at least between the internal surface, the outer surface of the working channel tube, and the outer surfaces of the pull cable sheaths (the modified endoscope would have an interstitial lumen/space between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel), said interstitial space directing the irrigation fluid through the insertion cord (see arrows for 618, figure 8b; Ouyang) in direct fluid contact with the outer surface of the working channel tube, the outer surfaces of the pull cable sheaths and the internal surface of the insertion tube (the modified endoscope would have an interstitial lumen/space between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel).
Regarding claim 63, Ouyang and Iuel further disclose the tip housing comprises a distal wall and a circumferential wall extending proximally from the distal wall (see distal end of 4, figure 2; Iuel), and wherein the at least one interstitial flow opening comprises a passage in the circumferential wall or in the distal wall (fluid to exit the tip…[0109]; Ouyang).
Regarding claim 65, Ouyang further discloses a fluid joint body (see inside of shell 470, figure 8b; Ouyang | glue…bonded [0101]; see barrier 530, figure 7) inside the handle housing, the fluid joint body including: an irrigation passage (part of 104 that connects to 114a, figure 8b) to sealingly and fluidly connect an internal space of the fluid joint body with the irrigation channel (see 114a and the part of 104 next to 114a, figure 6); and an insertion tube passage (see 712, figure 7) to sealingly receive the insertion tube and thereby establish fluid communication between the internal space and the interstitial space of the insertion tube (see figure 8b; [0101]).
Regarding claim 70, Ouyang discloses a visualization system comprising: the endoscope of claim 57 (see rejection of claim 57 above); and a video processing apparatus (this element is interpreted under 35 USC 112f as a monitor | see 110, figure 1; Ouyang) operable to receive live images from the endoscope.
Regarding claim 73, Ouyang further discloses the handle housing comprises internal walls (see wall next to 620, figure 8a; Ouyang), and wherein the irrigation passage is formed by and between the internal walls (see 618, figure 8b).
Regarding claim 74, Ouyang further discloses the handle housing comprises interlocking internal walls (see 470a-b, figure 8a; Ouyang), and wherein the irrigation passage is formed by and between the interlocking internal walls (see 618, figure 8b).
Claim(s) 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819) and Iuel (US 2015/0366436) as applied to claim 1 above, and further in view of Heimberger (S 2022/0000350).
Regarding claim 4, Iuel further teaches the insertion cord further comprises an outer tubular sheath covering the bending section (outer sheath [0037]), wherein the bending section includes an interstitial space (see the interstitial space in 3, figure 2) and a fluid opening (see v-shaped cut outs 7, figure 3), the interstitial space being in fluid communication with the interstitial lumen to receive the fluid (the modified endoscope would connect the interstitial space and interstitial lumen | the interstitial lumen is between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel). Ouyang and Iuel are silent regarding a fluid discharge opening; and wherein the fluid opening is in fluid communication with the fluid discharge opening to discharge the fluid therethrough.
Heimberger teaches a bendable shank section (4, 49, figures 7). A distal shank end (17, 51, 139, figures 7) comprises a connection sleeve (197, figures 7), by way of which the distal end sleeve (195, figures 7) is positively fastened to a shaft (3, figure 7a). The end sleeve (195, figures 7) has a recess and the connection sleeve (197, figures 7) an indentation (201, figures 7) which is shaped in a manner which correspondingly matches the recess ([0101]). The connection sleeve (197, figures 7) in an overlapping section overlaps the distal end of the slotted bendable shank section (9, 49, figures 7). Lateral rinsing openings (203, figures 7) are present in the overlapping section, with the slots (33, 55, 64, figure 7c) surrounded by a protective flexible tube, the rinsing openings serve as a distal rinsing outlet or rinsing inlet of the fluid channel ([0102]).
It would have been obvious to one of ordinary skill in the art to modify the endoscope with the connection sleeve (197, figures 7), distal end sleeve (195, figures 7), and lateral rinsing openings (203, figure 7) as taught by Heimberger. Doing so would provide a rinsing outlet of a fluid channel ([0102]). The modified endoscope would have a fluid discharge opening (203, figures 7; Heimberger | or distal tip…channels for fluid in-flow [0109]; Ouyang), and wherein the fluid opening is in fluid communication with the fluid discharge opening to discharge the fluid therethrough (lateral rinsing openings…slots…surrounded by a flexible tube…serve as a distal rinsing outlet [0102]; Heimberger).
Regarding claim 5, Iuel and Heimberger further teach the bending section comprises segments including a distal segment (4, figure 2; Iuel), a proximal segment (6, figure 2), and intermediate segments (5, figure 2) between the distal segment and the proximal segment, and wherein the fluid opening is positioned between any two of the segments or in one of the segments (lateral rinsing openings…slots…surrounded by a flexible tube…serve as a distal rinsing outlet [0102]; Heimberger).
Regarding claim 6, Heimberger further teaches the fluid discharge opening comprises an opening in the outer tubular sheath (203, figures 7; Heimberger) or an opening between the outer tubular sheath and an exterior surface of one of the segments.
Regarding claim 7, Ouyang and Iuel further disclose the distal tip comprises a fluid channel (the modified endoscope would have an interstitial lumen/space between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel) having a proximal end (see fluid inflow path 618, figure 6; Ouyang) in fluid communication with the interstitial space and a distal end (fluid to exit the tip…[0109]; Ouyang), the distal end comprising the fluid discharge opening ([0109]).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819) and Iuel (US 2015/0366436) as applied to claim 1 above, and further in view of Osaki (US 2016/0213227).
Ouyang and Iuel disclose all of the features in the current invention as shown above in claim 1. They are silent regarding a pipe sealing extending around each of the pull cable sheaths.
Osaki teaches the use of an adhesive to provide resistance against cleaning solution, disinfecting liquid, and the like ([0145]). The adhesive improves durability ([0145]).
It would have been obvious to modify the endoscope to use an adhesive around the pull cable sheaths as taught by Osaki ([0145]). Doing so would improve the wire pipe’s durability ([0145]). The modified endoscope would have a pipe sealing extending around each of the pull cable sheaths (adhesive [0145]; Osaki).
Claim(s) 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819) and Iuel (US 2015/0366436) and Osaki (US 2016/0213227) as applied to claim 22 above, and further in view of Kondoh (US 2010/0217072).
Regarding claim 23, Osaki further teaches a sealing glue in the pull cable sheaths (adhesive [0145]; Osaki). They are silent regarding a slip means between the sealing glue and the pull cables.
Kondoh teaches using a silicon oil may be used for a wire to reduce friction with a coiled tube or an insertion pipe ([0247]).
It would have been obvious to modify the endoscope to use silicon oil as taught by Kondoh ([0247]). Doing so would reduce friction with wire pipe ([0247]). The modified endoscope would have a slip means (this element is interpreted under 35 USC 112f as oil | silicon oil [0247]; Kondoh) between the sealing glue and the pull cables (wire…friction with the coiled tube [0247]).
Regarding claim 24, Osaki further teaches the pipe sealing is constituted by the sealing glue (adhesive [0145]; Osaki).
Claim(s) 37, 59, and 75 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819) and Iuel (US 2015/0366436) applied to claims 1 and 57 above, and further in view of Taylor (US 2019/0105078).
Regarding claim 37, Iuel further teaches the insertion cord further comprises an outer tubular sheath (outer sheath [0037]; Iuel) covering the bending section. They are silent regarding a fluid discharge opening, and wherein the fluid discharge opening is closed in a relaxed condition of the outer tubular sheath and opens when the outer tubular sheath is subject to a pressure of the fluid introduced through the proximal end of the insertion cord.
Taylor teaches a micro-seal (11, figure 5) that acts as a zero seal ([0030]), which is normally closed. Under pressure from insufflation gas, the micro-seal would open to enable the flow of the insufflation gas into the body cavity ([0045]).
It would have been obvious to modify the outer tubular sheath with a micro-seal (11, figure 5) as taught by Taylor. Doing so would provide a zero seal ([0030]) and open when under pressure ([0045]). The modified endoscope would have a fluid discharge opening (11, figure 5; Taylor), wherein the fluid discharge opening is closed in a relaxed condition of the outer tubular sheath (zero seal [0030]; Taylor) and opens when the outer tubular sheath is subject to a pressure of the fluid introduced through the proximal end of the insertion cord (under pressure…would open [0045]).
Regarding claim 59, Ouyang and Iuel disclose all of the features in the current invention as shown above in claim 57. They are silent regarding the at least one interstitial flow opening comprises a pressure-dependent slit in the bending section cover.
Taylor teaches a micro-seal (11, figure 5) that act as a zero seal ([0030]), which is normally closed. Under pressure from insufflation gas, the micro-seal would open to enable the flow of the insufflation gas into the body cavity ([0045]). The micro-seal can be a single slit, a plurality of slits, a double duckbill valve with slits ([0044]).
It would have been obvious to modify the interstitial flow opening with a micro-seal (11, figure 5) as taught by Taylor. Doing so would provide a zero seal ([0030]) and open when under pressure ([0045]). The modified endoscope would have the at least one interstitial flow opening comprises a pressure-dependent slit (slit; [0044]; under pressure…micro-seal…would open [0045]; Taylor) in the bending section cover.
Regarding claim 75, Iuel further teaches the bending section includes an interstitial space (see the interstitial space in 3, figure 2) in fluid communication with the interstitial lumen to receive the fluid (the modified endoscope would connect the interstitial space and interstitial lumen | the interstitial lumen is between the insertion tube, the pull cable sheaths, and the working channel tube, as the pull cable sheaths and working channel tube are individual/separate tubes | see 9 vs. 12, figure 4 and [0047] of Iuel), segments interconnected with hinges (hinged segments…[0039]), and a fluid opening between any two of the segments or in one of the segments (v-shaped cut outs 7 [0039]; figure 2 | fluid can come through the cut outs because of the fluid in the interstitial space/lumen), and wherein the insertion cord further comprises an outer tubular sheath covering the bending section (outer sheath [0037]). They are silent regarding a fluid discharge opening in the outer tubular sheath in fluid communication with the fluid opening to discharge the fluid therethrough.
Taylor teaches a micro-seal (11, figure 5) that acts as a zero seal ([0030]), which is normally closed. Under pressure from insufflation gas, the micro-seal would open to enable the flow of the insufflation gas into the body cavity ([0045]).
It would have been obvious to modify the outer tubular sheath with a micro-seal (11, figure 5) as taught by Taylor. Doing so would provide a zero seal ([0030]) and open when under pressure ([0045]). The modified endoscope would have a fluid discharge opening (11, figure 5; Taylor) in the outer tubular sheath in fluid communication with the fluid opening to discharge the fluid therethrough (open when under pressure [0045]).
Claim(s) 72 is rejected under 35 U.S.C. 103 as being unpatentable over Ouyang (US 2016/0174819) and Iuel (US 2015/0366436) applied to claim 57 above, and further in view of Reever (US 2018/0132703).
Regarding claim 72, Ouyang further discloses a fluid joint body (see inside of shell 470, figure 8b; Ouyang | glue…bonded [0101] see barrier 530 figure 7a) inside the handle housing. Ouyang and Iuel are silent regarding a portion of the fluid joint body is positioned in the insertion tube and comprises: an irrigation passage to sealingly and fluidly connect the irrigation channel with the interstitial space; pull cable passages; and a working channel passage.
Reever teaches an insertion device (10, figure 1) with a hollow handle (12, figure 1). The handle has ports (22 and 24, figure 3) connected to tubes (44, figure 3) for fluidly coupling to a source of irrigation fluid, a source of aspiration fluid, a source of medicament for infusion, etc. ([0034]). The tubes (44, figure 3) extend through the shaft ([0034]).
It would have been obvious to modify the endoscope, specifically the fluid joint body, to have a tube (44, figure 3) that connects the irrigation channel to the interstitial space as taught by Reever (figure 3; [0034]). Doing so would provide a tube to connect the interstitial space with a source of irrigation fluid ([0034]). The modified endoscope would have wherein a portion of the fluid joint body is positioned in the insertion tube (see 44, figure 3; Reever | the modified endoscope would have a tube that connects the interstitial space with the irrigation channel/port) and comprises: an irrigation passage (see 44, figure 3; Reever) to sealingly and fluidly connect the irrigation channel with the interstitial space; pull cable passages (9, figure 4; Iuel); and a working channel passage (tube for a working channel [0047]; Iuel).
Allowable Subject Matter
Claims 34-35 and 60 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Terminal Disclaimer
The terminal disclaimer filed on 08/20/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,575,721 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Conclusion
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PAMELA F. WU
Examiner
Art Unit 3795
September 28, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
