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 Arguments
Applicant's arguments filed 4/28/26 have been fully considered but they are not persuasive.
Applicant argues that the specific range defined, larger than 180 degrees in a clockwise direction and that is smaller than 270 degrees in the clockwise direction in a circumferential direction as claimed, is not arbitrarily chosen, but rather to address a specific ergonomic problem, and it would not be obvious to finding the optimal value for known variables or routine optimization. Applicant argues the purpose of Opie being the rotatable bending portion is able to “point in any selected direction” not for establishing a specific geometric relationship for hand-eye coordination, the limited angle range in the application contradicts Opie’s concept of omnidirectional rotation and Opie therefore teaches away from the ranges in claim 1.
However, this argument is not persuasive. The claims do not require that the bending portion be limited to operation only within the recited range, but that the device be configured such that the claimed specific geometric relationship be achieved. A reference does not teach away merely because it provides a broader functionality than the recited claims. Opie discloses unrestricted directional ranges including the claimed range as an available position obtainable by the device. Accordingly, Opie does not discourage or teach away from any geometric relationship or the claimed language being positioned, or set, within the claimed range.
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.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dejima et al. WO 2019/172318 in view of Opie, deceased et al. US 4947827 (hereafter, Opie et al.).
Regarding claims 1, 2, and 21, Dejima et al. discloses an endoscope treatment tool (figure 2 or 24) comprising: a distal end part (figures 3 or 25) that is provided with an openable and closable grip part (24, 224, figures 4, 5, 25, openable and closable with jaws 230); a bendable part 25 or 225 that is provided to be adjacent to the distal end part (figures 5 or 24) and that is bendable (figures 6 or 28); an operating part 22 or 222 into which an operation of closing the grip part and an operation of bending the bendable part are input (for example, a grip portion 224 that is opened and closed by the operation portion 222, as shown in FIG. 28, the bending portion 225 can be bent into a bending, and is bent by the operation portion 222); and an operation wire 27 or 227a that transmits the operations at the operating part respectively to the grip part and the bendable part (operation wire 27 or for example, 227a, the closing operation of the grip portion 224 and the bending operation of the bending portion 225 can be performed by pulling the single operation wire, and the operation at the operation portion 222 is facilitated), but fails to disclose wherein in a case where the operation wire is set linear and the operating part is viewed along a direction of an axis of the operation wire toward the distal end part, a position of a bending operation plane of the bendable part is positioned or set in a range that is larger than 180 degrees in a clockwise direction and that is smaller than 270 degrees in the clockwise direction in a circumferential direction of the axis with a position where an operation handle causing the operating part to operate the bendable part is provided as a starting point.
Opie et al. teaches an endoscope treatment tool (column 1, lines 5-8) comprising a bending part (bending tip section 78 of tube 92, figure 9), a control mechanism 108 to rotate the bending section right/left, up/down, and clockwise/counterclockwise in relation to the handle 106 (column 10, lines 23-32), the bending section configured to rotate through a full 360 degrees at an angle alpha (column 14, lines 12-14), control operation wire 184 steers the tip upward (column 18, lines 39-43, figure 9), a range that is larger than 180 degrees in a clockwise direction and that is smaller than 270 degrees in the clockwise direction in a circumferential direction of the axis with a position where an operation handle causing the operating part to operate the bendable part is provided as a starting point (figure 9), the tip portion 78 must be sufficiently steerable that the operator can point the distal end 90 in any selected direction in any selected orientation (column 4, lines 52-62), but fails to explicitly disclose wherein the bending operation plane in a case where the bendable part operates to be bent with pulling of the operation wire is set at a position of 225 degrees in the clockwise direction to provide the selected orientation for the distal end.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to a bending operation plane of the bendable part is positioned or set in a range that is larger than 180 degrees in a clockwise direction and that is smaller than 270 degrees in the clockwise direction in a circumferential direction of the axis with a position where an operation handle causing the operating part to operate the bendable part is provided as a starting point, as taught by the omnidirectional device of Opie et al., or wherein the bending operation plane in a case where the bendable part operates to be bent with pulling of the operation wire is set at a position of 225 degrees in the clockwise direction to provide the selected orientation for the distal end, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 3 and 4, Dejima et al. discloses wherein the operating part (for example, 22) has an operating part body 50 that moves rotationally with respect to a fixing unit 52 (operation unit body 50 may be rotated in the direction of arrow F, figures 10) attaching the operating part to a predetermined part and that is capable of rotationally moving an orientation of the distal end part (for example, figure 11, attached through portion 52 and friction member 59; moving the operating part will move an orientation of the distal end part), and the operation handle 51 that moves the operation wire 27 through opening and closing of the operation handle with a rotational movement fulcrum with respect to the operating part body as a center (rotates around fulcrum or holding means 58a in the direction of arrow C or arrow D, figure 11).
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Regarding claims 5 and 6, Dejima et al. discloses wherein the operation handle 51 has a first protruding portion, in which at least a side surface on a side where the operation handle is closed and a side surface on a side where the operation handle is opened are bent to be capable of simultaneously facing a finger that operates the operation handle (for example, see annotated figure 10 below, surfaces bend to form a hook or protruding portion extending to receive a finger).
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Regarding claims 7 and 8, Dejima et al. discloses wherein the first protruding portion has a hook shape (see annotated figure 10 below) of which at least one side in a direction orthogonal to an opening and closing direction of the operation handle is opened (a closing direction along arrow D, opening direction along arrow C).
Regarding claims 9-12, Dejima et al. discloses 9wherein the operation handle 51 has a second protruding portion that protrudes in a direction orthogonal to an opening and closing direction of the operation handle (a closing direction along arrow D, opening direction along arrow C, top surface of portion 51a, figure 10).
Regarding claims 13-16, Dejima et al. discloses wherein the first portion and the second protruding portion are continuously formed (formed continuously along end of handle 51, see annotated figure 10 below).
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Regarding claims 17 and 18, Dejima et al. discloses wherein the operating part 22 has a longitudinal direction (along axis of 50, direction of arrow E for example, shown in figure 11) and a lateral direction in a horizontal cross section in which the operating part body is orthogonal to an axial direction of the operating part (cross section of body 50, figure 11, may be configured to have the cross section as claimed), and the longitudinal direction is substantially parallel to a plane including an operation movement plane of the operation handle (handle moves up and down along the an axis of arrow E as it extends toward or away from the longitudinal axis of 50 in substantially parallel planes).
Regarding claim 19, Dejima et al. discloses an endoscope device comprising: a first treatment tool that is the endoscope treatment tool according to claim 1 (figure 2 or 24, as further discussed above); a second treatment tool 60 (figure 15); and an endoscope 2 that has a first treatment tool channel into which the first treatment tool is insertable and a second treatment tool channel into which the second treatment tool is insertable (figure 15).
Regarding claim 20, Dejima et al. discloses a treatment method comprising: by using the endoscope device according to claim 19, disposing the distal end part of the first treatment tool at a lesion part in a body through the first treatment tool channel of the endoscope (figure 12, adjacent tissue portion LA); gripping the lesion part with the grip part of the first treatment tool (gripped with jaws 30, figure 13); lifting, in a state where the lesion part is gripped, the lesion part by bending the bendable part of the first treatment tool (bent at portion 25, figure 14); and treating, in a state where the lesion part is lifted, a lower part of the lesion part with the second treatment tool inserted into the second treatment tool channel of the endoscope (figure 15).
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 CHRISTINA C LAUER whose telephone number is (571)270-5418. The examiner can normally be reached Monday-Thursday 7:00 AM-4:00 PM.
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, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA C LAUER/Examiner, Art Unit 3771
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