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
Amendments to claims 1, 10, 19-24 of 3/3/2026 acknowledged and entered.
Cancellation of claim 8 of 3/3/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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 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.
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) 1-7, 9-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (TW I726309 B) as applied to claim 1 in view of Benavitz (US 20070060936 A1).
Regarding claim 1, Huang teaches An endoscope, comprising:
a first shaft (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end) extending from a distal end of an endoscope body, the first shaft comprising a distal opening and a proximal opening;
a second shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) extending through an interior of the first shaft, the second shaft comprising a distal opening, a proximal opening, and an open distal end (fig. 10b, element 8a); and
an image capture module (fig. 8c, element 801, p. 9, para. 2, camera 801) in operable communication with the endoscope body distal end, the endoscope configured to clear debris from the image capture module with suction (p. 9, para. 2, suction/irrigation tube may provide suction, which could be used to clear debris from the camera) when the second shaft proximal opening and first shaft proximal opening are in alignment (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the first shaft comprising a closed distal end, a distal opening positioned on a side of the first shaft adjacent to the closed distal end,
However, Benavitz teaches the first shaft comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening), a distal opening positioned on a side of the first shaft adjacent to the closed distal end (fig. 11, element 111b, [0042], aspiration port 111b),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
Regarding claim 2, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the second shaft distal end is configured to cut tissue extending through the first shaft distal opening (p. 9, para. 3, inclined tip of the hollow tube 804a can be used to penetrate or break tissue).
Regarding claim 3, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the endoscope is configured to alternate suction between the second shaft distal opening and the second shaft proximal opening (fig. 10b, element 8a, the extendable suction tube 8a could be positioned at any position along the outer tube 804a).
Regarding claim 4, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the second shaft distal opening comprises a perimeter configured to cut tissue extending into the second shaft (p. 9, para. 3, inclined tip of the hollow tube 804a can be used to penetrate or break tissue).
Regarding claim 5, Huang in view of Benavitz teaches The endoscope of claim 4,
Further, Huang teaches wherein the second shaft distal opening comprises an inclined perimeter from a proximal side of the second shaft distal opening to a distal side of the proximal shaft distal opening (fig. 10b, element 8a, the tip is shaped to have a slanted face inclined to one side).
Regarding claim 6, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches the device wherein the first shaft distal opening and second shaft distal opening are configured to be in alignment when the first shaft proximal opening and second shaft proximal opening are mis-aligned (fig. 11, element 111a/b, [0042], aspiration ports 111a/b are disposed on opposite sides of the shaft 104, hence only one port, distal or proximal, would be exposed at one time).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suction port of Huang to include radially separated ports as taught in Benavitz in order to enhance aspiration of waste and debris (Benavitz [0042]).
Regarding claim 7, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the first shaft distal opening and second shaft distal opening are configured to be mis-aligned when the first shaft proximal opening and second shaft proximal opening are aligned (fig. 11, element 111a/b, [0042], aspiration ports 111a/b are disposed on opposite sides of the shaft 104, hence only one port, distal or proximal, would be exposed at one time).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suction port of Huang to include radially separated ports as taught in Benavitz in order to enhance aspiration of waste and debris (Benavitz [0042]).
Regarding claim 9, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the second shaft is configured to rotate in the first shaft ([0003], rotatable inner tube in a fixed outer tube).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be rotatable as taught in Benavitz in order to operate a tool disposed on the distal end of the shaft (Benavitz [0003]).
Regarding claim 10, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the second shaft comprises a lumen extending therethrough and to the open distal end of the second shaft, the lumen configured to direct suction supplied to the second shaft distal opening and second shaft proximal opening (p. 3, para. 8, suction port coupler and control system).
Regarding claim 11, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the second shaft is configured to oscillate in the first shaft ([0003], rotatable inner tube in a fixed outer tube, a rotatable shaft could then be configured to move back and forth regularly, i.e. oscillate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be rotatable as taught in Benavitz in order to operate a tool disposed on the distal end of the shaft (Benavitz [0003]).
Regarding claim 12, Huang in view of Benavitz teaches The endoscope of claim 11,
Further, Huang teaches wherein the second shaft distal opening is the distal end of the second shaft (fig. 10b, element 8a, open ended tube 8a).
Regarding claim 13, Huang in view of Benavitz teaches The endoscope of claim 11,
Further, Benavitz teaches wherein the second shaft is configured to oscillate between a distal position and a proximal position ([0003], rotatable inner tube in a fixed outer tube, a rotatable shaft could then be configured to move back and forth regularly, i.e. oscillate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be rotatable as taught in Benavitz in order to operate a tool disposed on the distal end of the shaft (Benavitz [0003]).
Regarding claim 14, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the second shaft proximal opening is positioned on a first side of the second shaft, and the second shaft distal opening is positioned on a second side of the second shaft opposite the first side (fig. 11, element 111a/b, aspiration ports disposed on opposing sides).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suction port of Huang to include radially separated ports as taught in Benavitz in order to enhance aspiration of waste and debris (Benavitz [0042]).
Regarding claim 15, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the second shaft distal opening and second shaft proximal opening are positioned on the same side of the second shaft(fig. 11, element 111a/b, aspiration ports are both disposed on the distal side of the shaft).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suction port of Huang to include radially separated ports as taught in Benavitz in order to enhance aspiration of waste and debris (Benavitz [0042]).
Regarding claim 16, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the second shaft is configured to reciprocate within the first shaft (p. 2, para. 5, suction tube 8a slides within the inner tube between extended and retracted positions).
Regarding claim 17, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Benavitz teaches wherein the second shaft is configured to alternate rotation from a first direction to a second direction ([0003], rotatable inner tube in a fixed outer tube, a rotatable shaft could then be configured to move back and forth regularly, i.e. oscillate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be rotatable as taught in Benavitz in order to operate a tool disposed on the distal end of the shaft (Benavitz [0003]).
Regarding claim 18, Huang in view of Benavitz teaches The endoscope of claim 1,
Further, Huang teaches wherein the first shaft distal opening is positioned on a side of the first shaft, and wherein the second shaft distal opening defines a perimeter of a distal end of the second shaft (fig. 10b, element 804a, 8a, distal opening of first shaft is disposed on the distal side and second shaft distal opening is also disposed on the distal side).
Regarding claim 19, Huang teaches An endoscope, comprising:
an endoscope body with a distal end comprising an image capture module (fig. 8c, element 801, p. 9, para. 2, camera 801);
an outer tube extending distally from the endoscope body, the outer tube comprising a proximal opening and a distal opening (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end); and
an inner tube (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) within the outer tube, the inner tube comprising an open distal end with a lumen extending therethrough (fig. 10b, element 8a), the inner tube comprising a proximal opening configured to direct suction to the outer tube distal opening when aligned with the inner tube proximal opening (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the outer tube comprising a closed distal end, a distal opening positioned on a side of the outer tube adjacent to the closed distal end,
However, Benavitz teaches the outer tube comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening), a distal opening positioned on a side of the outer tube adjacent to the closed distal end (fig. 11, element 111b, [0042], aspiration port 111b),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
Regarding claim 20, Huang teaches An endoscope image module clearing system, comprising:
a first shaft (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end) extending distally from an endoscope body, the first shaft comprising a distal opening and a proximal opening positioned proximal to an image capture module (fig. 8c, element 801, p. 9, para. 2, camera 801) in a distal end of the endoscope body; and
a second shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) configured to oscillate within the first shaft, the second shaft comprising a distal opening configured to cut tissue, and a proximal opening configured to direct suction to the first shaft proximal opening when aligned with the second shaft proximal opening (p. 9, para. 3, inclined tip of the hollow tube 804a can be used to penetrate or break tissue).
Huang does not explicitly teach the first shaft comprising a closed distal end, a distal opening positioned on a side of the first shaft adjacent to the closed distal end,
However, Benavitz teaches the first shaft comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening), a distal opening positioned on a side of the first shaft adjacent to the closed distal end (fig. 11, element 111b, [0042], aspiration port 111b),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
Regarding claim 21, Huang teaches An endoscope image module clearing system, comprising:
an inner shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) within an outer shaft (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end), the inner shaft and outer shaft extending from a distal end of an endoscope body, the inner shaft comprising an open distal end and a lumen extending therethrough; and
an image capture module (fig. 8c, element 801, p. 9, para. 2, camera 801) locatable at a distal end of the endoscope body, wherein the outer shaft comprises an opening adjacent to the image capture module, wherein the inner shaft comprises a proximal opening configured to be selectively aligned with the outer shaft proximal opening to direct suction to the image capture module (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the outer shaft comprising a closed distal end,
the inner shaft configured to rotate.
However, Benavitz teaches the outer shaft comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening),
the inner shaft configured to rotate ([0003], rotatable inner tube in a fixed outer tube, a rotatable shaft could then be configured to move back and forth regularly, i.e. oscillate).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be rotatable as taught in Benavitz in order to operate a tool disposed on the distal end of the shaft (Benavitz [0003]).
Regarding claim 22, Huang teaches A method of cleaning an image capture module of an endoscope, the method comprising:
moving an inner shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) extending distally from an endoscope body, the inner shaft locatable within an interior of an outer shaft (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end),
aligning a proximal opening of the inner shaft with a proximal opening of the outer shaft,
supplying suction from the inner shaft through the inner shaft proximal opening and the outer shaft proximal opening, wherein the suction is configured to clear debris/liquid from the image capture module (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the outer shaft comprising a closed distal end,
However, Benavitz teaches the outer shaft comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
Regarding claim 23, Huang teaches A method of cleaning an image capture module of an endoscope during an endoscopic procedure, the method comprising:
oscillating an inner shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) extending distally from an endoscope body, the inner shaft locatable within an interior of an outer shaft;
suctioning tissue into the outer shaft through an outer shaft distal opening (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end; fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative);
cutting the tissue with edges of the inner shaft distal opening when the inner shaft distal opening moves relative to the outer shaft distal opening (p. 9, para. 3, inclined tip of the hollow tube 804a can be used to penetrate or break tissue); and
supplying suction from the inner shaft, when a proximal opening of the inner shaft is aligned with a proximal opening of the outer shaft, wherein the supplied suction is configured to clear debris/liquid from the image capture module (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the outer shaft comprising a distal opening positioned on a side of the first shaft adjacent to a closed distal end of the outer shaft,
However, Benavitz teaches the outer shaft comprising a distal opening (fig. 11, element 111b, [0042], aspiration port 111b) positioned on a side of the first shaft adjacent to a closed distal end of the outer shaft (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
Regarding claim 24, Huang teaches A method of cleaning an image capture module of an endoscope during an endoscopic procedure, the method comprising:
reciprocating an inner shaft (fig. 10b, element 8a, p. 3, para. 1, suction/irrigation tube 8a) extending distally from an endoscope body, the inner shaft locatable within an interior of an outer shaft (fig. 10b, element 804a, p. 3, para. 1, hollow tube 804a has a distal end that extends from the inner tube to the distal end); alternating alignment of an inner shaft proximal opening with an outer shaft proximal opening; and
supplying suction from the inner shaft proximal opening to the outer shaft proximal opening, when the inner shaft proximal opening is aligned with the outer shaft proximal opening, wherein the suction is configured to clear debris from an image capture module (fig. 10b, suction tube 8a extends through tube 804a and are aligned in the longitudinal direction when operative).
Huang does not explicitly teach the outer shaft comprising a closed distal end
However, Benavitz teaches the outer shaft comprising a closed distal end (fig. 11, element 116, [0042], distal end portion comprises a bur, which is not an opening),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft of Huang to be closed as taught in Benavitz in order to have a tool disposed at the distal end (Benavitz [0042]).
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 TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
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