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 .
Election/Restrictions
Applicant’s election without traverse of invention I (claims 1-10) in the reply filed on 11/06/2025 is acknowledged. Claim 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention II.
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 first load receiving structure” in claim 1, and all dependent claims thereof;
“a second load receiving structure” in claim 1, and all dependent claims thereof;
“a third load receiving structure” in claim 2, and all dependent claims thereof;
“a locking portion” in claim 10;
“a locked portion” in claim 10;
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohno (US 2005/0228289).
Regarding claim 1, Kohno discloses an ultrasonic endoscope. Kohno shows ultrasonic endoscope (see abstract and fig. 1) comprising: an ultrasound transducer (see 10 in fig. 2; par. [0039]) in a distal end part (see fig. 1 and 2); a distal end body block component (see 40 in fig. 2 and 7-8; par. [0045]) in which the ultrasound transducer (see 10 in fig. 7-8), an observation optical system (see 4 in fig. 2 or 20 in fig. 5; par. [0043], [0044], [0052], [0062]) and an illumination optical system are mounted (see par. [0042], [0062]; fig. 6); and a channel block component in which a channel into which a treatment tool is inserted is mounted (see par. [0044], [0047], fig. 5 and 7-8), wherein the ultrasonic endoscope has a first load receiving structure that has a first supported surface provided in the distal end body block component and a first support surface provided in the channel block component to face the first supported surface (see attachment between elements 40 and 50, see fig. 2, 7-8), and in which the first support surface supports the first supported surface (see fig. 7 and 8), such that the channel block component receives a load from the distal end body block component (there will be load when the element 40 is attached to element 50, see fig. 7 and 8), and a second load receiving structure that has a second supported surface provided in the channel block component and a second support surface provided in the distal end body block component to face the second supported surface (see attachment between element 40, 50 and 60, see fig. 2, 7 and 8), and in which the second support surface supports the second supported surface (see fig. 7 and 8), such that the distal end body block component receives a load from the channel block component (there will be a load when element 40, 50 and 60 are all attached together, see fig. 2, 7 and 8).
Regarding claim 2, Kohno shows wherein the distal end body block component includes an ultrasound block component (see 41 in fig. 5; par. [0046]) in which the first supported surface is provided and ultrasound transducer is mounted (see fig. 5, 7-8), and an optical system block component in which the second support surface is provided (par. [0043], [0044], [0052], [0062]; fig. 3 and 5, and see 52 and 61 in fig. 7-8) and the observation optical system and the illumination optical system are mounted (par. [0043], [0044], [0052], [0062]; fig. 3, 5, 7 and 8), and the ultrasonic endoscope has a third load receiving structure that has a third supported surface provided in the optical system block component and a third support surface provided in the ultrasound block component to face the third supported surface (see fig. 7-8), and in which the third support surface supports the third supported surface, such that the ultrasound block component receives a load from the optical system block component (there will be a load when element 40, 50 and 60 are all attached together, see fig. 2, 7 and 8).
Regarding claim 3, Kohno shows wherein the third supported surface and the third support surface are perpendicular to a scanning surface of the ultrasound transducer (see fig. 1-2 and 7-8) and are parallel to a surface perpendicular to a longitudinal axis direction of the distal end part (see fig. 1-2 and 7-8).
Regarding claim 4, Kohno shows wherein at least one of the third supported surface or the third support surface has a seal material filling groove portion (see par. [0048], [0054], [0062]).
Regarding claim 5, Kohno shows wherein the optical system block component has a first guide portion along which the channel block component is slidable and disposable (see par. [0058]).
Regarding claim 6, Kohno shows wherein the ultrasound block component has a second guide portion along which the optical system block component is slidable and disposable (see fig. 7-8; par. [0060]).
Regarding claim 8, Kohno shows wherein the second supported surface is configured with a pair of flange surfaces that spread outward from both side surfaces of the channel block component opposite to each other (see both side of 52c in fig. 7).
Regarding claim 9, wherein the distal end body block component has an engaged portion in which the first supported surface is provided (see fig. 2, 7-8), and the channel block component has an engagement portion in which the first support surface is provided and which is engageable with the engaged portion (see fig. 2, 7-8), and the engaged portion and the engagement portion are engaged with each other (see fig. 2, 7-8), such that the channel block component is assembled to the distal end body block component (see fig. 2, 7-8).
Regarding claim 10, Kohno wherein a locking portion is provided in any one of the engaged portion or the engagement portion (see 47 in fig. 7; par. [0046]), and a locked portion that is locked to the locking portion to restrict sliding of the engagement portion with respect to the engaged portion is provided in the other portion (see par. [0046]).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kohno (US 2005/0228289) in view of Morimoto et al. (US 2020/0281446; hereinafter Morimoto).
Regarding claim 7, Kohno discloses the invention substantially as described in the 102 rejection above, but fails to explicitly state wherein a forming material of the distal end body block component is resin, and a forming material of the channel block component is metal.
Morimoto discloses an endoscope. Morimoto teaches a forming material of the distal end body block component is resin (see par. [0052]), and a forming material of the channel block component is metal (see par. [0052]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of a forming material of the distal end body block component is resin, and a forming material of the channel block component is metal in the invention of Kohno, as taught by Morimoto, to provide good durability and flexible distal end with resin material which would provide safety for the patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHDEEP MOHAMMED whose telephone number is (571)270-3134. The examiner can normally be reached Monday to Friday, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M Kozak can be reached at (571)270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHDEEP MOHAMMED/Primary Examiner, Art Unit 3797