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 .
This action is in respond to Applicant’s amendment file on February 26, 2026.
Claims 1-7, 10-14, 16-20 are being examined.
Claims 8-9 and 15 are withdrawn
Election/Restrictions
Applicant’s election without traverse of claims 1-7, 10-14, and 16-20 in the reply filed on February 26, 2026 is acknowledged.
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, 10-14, 16-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (Us Pub No. 20220192479 A1) in view of Lombardi (US Pub No. 20170035276 A1).
Regarding claim 1, Harris discloses a fluid reservoir (reservoir 1070, Fig. 10A) and tube set (tubing assembly 1001, Fig. 10A) arranged and configured to couple to an endoscope (endoscope system 1000, Fig. 5A) ("… the connector portion 1065 may couple the tubing assembly 1001 to one or more portions of the endoscope system 1000 …" - Para [0096]) for use in an endoscopic procedures, the tube set comprising:
a lumen (“… the lumen of the liquid supply tubing 1047 …” – Para [0103])
in fluid communication with the fluid reservoir (See annotated Fig. 10A)
Harris does not expressly disclose a fluid supply tube wherein the fluid supply tube includes an extendable region positioned along a length of the fluid supply tube, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length.
Lombardi teaches a fluid supply tube (primary lumen 12, Fig. 2) wherein the fluid supply tube includes an extendable region (expandable section 24, Fig. 2) positioned along a length of the fluid supply tube ("At the proximal end of the primary lumen 12 is a connector 20 that is attached to the primary lumen … The connector has a … longitudinally expandable section ..." - Para [0047]), and
wherein the extendable region is configured to shift between a first configuration (Fig. 5A) having a first length (L2, Fig. 5A) and a second extended configuration (Fig. 5B) having a second length (L4, Fig. 5A) longer than the first length
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include a fluid supply tube wherein the fluid supply tube includes an extendable region positioned along a length of the fluid supply tube, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length as taught by Lombardi to extend longitudinally (Lombardi, Para [0047]).
Regarding claim 2, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length
Lombardi teaches that the extendable region (expandable section 24, Fig. 2) comprises a helical coil ("The longitudinally expandable section 24 has a spring …" - Para [0047]) in the first configuration (Fig. 5A) and/or wherein the extendable region is biased to the first length
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length as taught by Lombardi so the spring and flexible cover of the connector expand (Lombardi, Para [0051]).
Regarding claim 3, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the helical coil includes a plurality of coils
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Lombardi teaches that the helical coil (spring 25, Fig. 2) includes a plurality of coils (See annotated Fig. 2)
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the helical coil includes a plurality of coils as taught by Lombardi for the spring 25 to extend longitudinally (Lombardi, Para [0047]).
Regarding claim 4, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that each individual coil of the plurality of coils is configured to shift between a coiled configuration in the first configuration and a substantially straight configuration in the second extended configuration
Lombardi teaches that each individual coil of the plurality of coils (See annotated Fig. 2 above) is configured to shift between a coiled configuration in the first configuration (Fig. 5A) and a substantially straight configuration in the second extended configuration ("… the spring and flexible cover of the connector expands to a spring length of L.sub.4 …" - Para [0057], Fig. 5B)
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that each individual coil of the plurality of coils is configured to shift between a coiled configuration in the first configuration and a substantially straight configuration in the second extended configuration as taught by Lombardi to expand longitudinally in the direction of the length of the primary lumen (Lombardi, Para [0012]).
Examiner interprets the second configuration (Fig. 5B) to be substantially straight when compared to the first configuration (Fig. 5A) of Lombardi.
Regarding claim 5, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the fluid supply tube has a circular cross- sectional shape in the extendable region
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Lombardi teaches that the fluid supply tube (primary lumen 12, Fig. 2) has a circular cross- sectional shape (Fig. 1C) in the extendable region (See annotated Fig. 5A).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the fluid supply tube has a circular cross- sectional shape in the extendable region as taught by Lombardi for passing fluids (Lombardi, Para [0006]).
Regarding claim 6, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the fluid supply tube is configured to return to the first configuration after being extended to the second extended configuration
Lombardi teaches that the fluid supply tube (primary lumen 12, Fig. 2) is configured to return to the first configuration after being extended to the second extended configuration ("It is desirable for the bellows material to be able to stretch/expand longitudinally and then return to its original length …' - Para [0097])
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the fluid supply tube is configured to return to the first configuration after being extended to the second extended configuration as taught by Lombardi so the spring and flexible cover of the connector expand (Lombardi, Para [0051]).
Regarding claim 7, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the helical coil has an outer circumferential shape, and wherein the outer circumferential shape is substantially cylindrical
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Lombardi teaches that the helical coil (spring 25, Fig. 2) has an outer circumferential shape, and wherein the outer circumferential shape is substantially cylindrical (See annotated Figs. 5A and 1C).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the helical coil has an outer circumferential shape, and wherein the outer circumferential shape is substantially cylindrical as taught by Lombardi for passing fluids (Lombardi, Para [0006]).
Regarding claim 10, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the extendable region includes a portion of the fluid supply tube which includes an elastic material
Lombardi teaches that the extendable region (expandable section 24, Fig. 2) includes a portion of the fluid supply tube (primary lumen 12, Fig. 2) which includes an elastic material ("The primary lumen … The material for this lumen must be flexible." - Para [0056], Fig. 5A).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the extendable region includes a portion of the fluid supply tube which includes an elastic material as taught by Lombardi to stretch longitudinally (Lombardi, Para [0056]).
Regarding claim 11, Harris discloses a fluid reservoir (reservoir 1070, Fig. 10A) and tube set (tubing assembly 1001, Fig. 10A) arranged and configured to couple to an endoscope for use in an endoscopic procedure (endoscope system 1000, Fig. 5A)("… the connector portion 1065 may couple the tubing assembly 1001 to one or more portions of the endoscope system 1000 …" - Para [0096]), the fluid reservoir and tube set comprising:
a fluid reservoir (reservoir 1070, Fig. 10A) configured to contain a fluid (fluid 1085, Fig. 10A) ("The reservoir 1070 may include a fluid 1085 …" - Para [0097]);
a gas supply tube (gas supply tube 1057, Fig. 10A), and a lumen (Fig. 10A) in fluid communication with the fluid reservoir (Fig. 10A); and a fluid supply tube (liquid supply tubing 1047, Fig. 10A) including a lumen ("… the lumen of the liquid supply tubing 1047 …" - Para [0103]) in fluid communication with the fluid reservoir (Fig. 10A); and
Harris does not expressly disclose that the gas supply tube includes an
extendable region positioned along a length of the gas supply tube, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length
Lombardi teaches that the gas supply tube includes an extendable region positioned along a length of the gas supply tube (expandable section 24, Fig. 2)("At the proximal end of the primary lumen 12 is a connector 20 that is attached to the primary lumen … The connector has a … longitudinally expandable section ..." - Para [0047]), and wherein the extendable region (expandable section 24, Fig. 2) is configured to shift between a first configuration (Fig. 5A) having a first length (L2, Fig. 5A) and a second extended configuration (Fig. 5B) having a second length (L4, Fig. 5B) longer than the first length
Therefore, it would have been obvious, before the effective filing date of the
claimed invention, to modify the tube set of Harris to include that the gas supply tube includes an extendable region positioned along a length of the gas supply tube, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length as taught by Lombardi to extend longitudinally (Lombardi, Para [0047]).
Regarding claim 12, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length
Lombardi teaches that the extendable region (expandable section 24, Fig. 2) comprises a helical coil ("The longitudinally expandable section 24 has a spring …" - Para [0047]) in the first configuration (Fig. 5A) and/or wherein the extendable region is biased to the first length
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length as taught by Lombardi so the spring and flexible cover of the connector expand (Lombardi, Para [0051]).
Regarding claim 13, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the helical coil includes a plurality of coils
Lombardi teaches that the helical coil (spring 25, Fig. 2) includes a plurality of coils (See annotated Fig. 2 above)
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the helical coil includes a plurality of coils as taught by Lombardi for the spring 25 to extend longitudinally (Lombardi, Para [0047]).
Regarding claim 14, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that each individual coil of the plurality of coils is configured to shift between a coiled configuration in the first configuration and a substantially straight configuration in the second extended configuration
Lombardi teaches that each individual coil of the plurality of coils (See annotated Fig. 2 above) is configured to shift between a coiled configuration in the first configuration (Fig. 5A) and a substantially straight configuration in the second extended configuration ("… the spring and flexible cover of the connector expands to a spring length of L.sub.4 …" - Para [0057], Fig. 5B)
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that each individual coil of the plurality of coils is configured to shift between a coiled configuration in the first configuration and a substantially straight configuration in the second extended configuration as taught by Lombardi to expand longitudinally in the direction of the length of the primary lumen (Lombardi, Para [0012]).
Examiner interprets the second configuration (Fig. 5B) to be substantially straight when compared to the first configuration (Fig. 5A) of Lombardi.
Regarding claim 16, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the extendable region includes a portion of the fluid supply tube which includes an elastic material
Lombardi teaches that the extendable region (expandable section 24, Fig. 2) includes a portion of the fluid supply tube (primary lumen 12, Fig. 2) which includes an elastic material ("The primary lumen … The material for this lumen must be flexible." - Para [0056], Fig. 5A).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the extendable region includes a portion of the fluid supply tube which includes an elastic material as taught by Lombardi to stretch longitudinally (Lombardi, Para [0056]).
Regarding claim 17, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the fluid supply tube includes an additional extendable region positioned along a length of the fluid supply tube
Lombardi teaches that the fluid supply tube (primary lumen 12, Fig. 2) includes an additional extendable region positioned along a length of the fluid supply tube (expandable section 24, Fig. 2)("At the proximal end of the primary lumen 12 is a connector 20 that is attached to the primary lumen … The connector has a … longitudinally expandable section ..." - Para [0047]).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the fluid supply tube includes an additional extendable region positioned along a length of the fluid supply tube as taught by Lombardi for passing fluids (Lombardi, Para [0006]).
Regarding claim 19, Harris discloses a tube set (flexible umbilicus 260, Fig. 2) configured to couple to an endoscope (endoscope 100, Fig. 2) for use in an endoscopic procedure, the tube set comprising:
a fluid reservoir (fluid reservoir 270, Fig. 2) configured to contain a fluid (water 285, Fig. 2); and
a tubing assembly (flexible umbilicus 260, Fig. 2) coupled to the fluid reservoir (fluid reservoir 270, Fig. 2) ("A fluid reservoir 270 is fluidly connected to the endoscope 100 through the … umbilical 260." - Para [0051]), the tubing assembly comprising:
a lens wash tube (lens wash 245c, Fig. 3A);
a gas supply tube (gas supply tube 240c, Fig. 3A); and
an irrigation tube (irrigation supply tubing 320, Fig. 3A);
a lumen ("… the lumen of the liquid supply tubing 1047 …" - Para [0103]) in fluid communication with the fluid reservoir (Fig. 10A);
Harris does not expressly disclose that at least one of the lens wash tube, the gas supply tube and the irrigation tube includes an extendable region positioned along a length thereof, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length.
Lombardi teaches that at least a at least one of the lens wash tube, the gas supply tube and the irrigation tube includes an extendable region positioned along a length thereof (expandable section 24, Fig. 2)("At the proximal end of the primary lumen 12 is a connector 20 that is attached to the primary lumen … The connector has a … longitudinally expandable section ..." - Para [0047]), and wherein the extendable region (expandable section 24, Fig. 2) is configured to shift between a first configuration (Fig. 5A) having a first length (L2, Fig. 5A) and a second extended configuration (Fig. 5B) having a second length longer than the first length (L4, Fig. 5B).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that at least one of the lens wash tube, the gas supply tube and the irrigation tube includes an extendable region positioned along a length thereof, and wherein the extendable region is configured to shift between a first configuration having a first length and a second extended configuration having a second length longer than the first length as taught by Lombardi so the spring and flexible cover of the connector expand (Lombardi, Para [0051]).
Regarding claim 20, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
Harris does not expressly disclose that the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length
Lombardi teaches that the extendable region (expandable section 24, Fig. 2) comprises a helical coil ("The longitudinally expandable section 24 has a spring …" - Para [0047]) in the first configuration (Fig. 5A) and/or wherein the extendable region is biased to the first length
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include the extendable region comprises a helical coil in the first configuration and/or wherein the extendable region is biased to the first length as taught by Lombardi so the spring and flexible cover of the connector expand (Lombardi, Para [0051]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (Us Pub No. 20220192479 A1) in view of Kolk et al. (DE 102014011188 A1).
Regarding claim 18, Harris discloses the tube set (tubing assembly 1001, Fig. 10A) as recited above, wherein
at least a portion of the fluid supply tube is co-axial with the gas supply tube ("The coaxial tubing 1010 may include an outer tube (e.g., gas supply tubing 1057) and an inner tube (e.g., liquid supply tubing 1047)." - Para [0097])
Harris does not expressly disclose that the additional extendable region is co-axial with the extendable region
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Kolk teaches that the additional extendable region (inner tube 3, See annotated Fig. 1) is co-axial with the extendable region (outer tube 1, See annotated Fig. 1).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the tube set of Harris to include that the additional extendable region is co-axial with the extendable region as taught by Kolk to ensure the necessary flexibility (Kolk, Para [0004]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESHA P KASHYAP whose telephone number is (571)272-9890. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESHA PRAKASH KASHYAP/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783