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 Restriction Group 1, Claim 1-13 in the reply filed on 11/24/2025 is acknowledged.
Applicant's election with traverse of Species C (FIG. 8) in the reply filed on 11/24/2025 is acknowledged. The traversal is on the ground(s) that clarification as to exactly which respective features of the asserted species are being regarded as distinct was not provided. This is not found persuasive because the embodiment depicted in FIG. 8 is of a different working channel with features/ aspects that are distinct from the embodiment depicted in FIG. 2, for example the door feature (810/820) is not a structural aspect of Species B (FIG. 2). The distinction in structural elements makes the species of both figures patently distinct. However, the applicant’s assertion that FIG. 1 depicts a generic illustration of an endoscope is considered and, therefore, Species A is withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “relatively more proximate” in claim 9 is a relative term which renders the claim indefinite. The term “relatively” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Please correct the claim language to more
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kucharski et al. (US 20170035277 A1, hereinafter Kucharski).
Regarding Claim 1, Kucharski discloses
An endoscope (endoscope 1, FIG. 1) configured for insertion into a urethra of a patient (par. 53 discloses endoscope capable of being positioned within relevant anatomy of patient’s body), the endoscope comprising:
an endoscope body (expandable tip 2 + shaft 3, FIG. 1) extending between a proximal end and a distal end and having a distal tip (2, depicted in FIG. 1);
an optical sensor (camera 22, FIG. 2A) located at the distal tip and configured to provide a distal field of view from the distal tip (FIG. 2A, par. 77 disclose camera provides a field of view external from the endoscope); and
an expandable and collapsible working channel (variable profile working channel 23, FIG. 3, 4) configured for reception of an instrument (par. 76 discloses working channels allows tools to pass through it),
the working channel extending along the endoscope body to a channel opening located at the distal tip (depicted in FIG. 3),
wherein the working channel has a collapsed configuration (depicted in FIG. 3) and an expanded configuration (depicted in FIG. 4), and wherein:
in the collapsed configuration, the working channel is collapsed and a channel wall (FIG. 3,4 depict working channel wall 23, par. 87 discloses wall tubing for working channels) is in a first position relative to the endoscope body (depicted in FIG. 3), and
the working channel has a first cross-sectional area (depicted in FIG. 3); and
in the expanded configuration, the working channel is expanded and the channel wall is displaced relative to the first position (depicted in FIG. 4) and
the working channel has a second cross-sectional area larger than the first cross-sectional area (depicted in FIG. 4).
Regarding Claim 2, Kucharski discloses
The endoscope of claim 1, wherein the channel wall (23) is elastically deformed in the expanded configuration (par. 24 discloses expandable working channel is elastomeric).
Regarding Claim 3, Kucharski discloses
The endoscope of claim 2, wherein the channel wall is unfurled in the expanded configuration (depicted in FIG. 4).
Regarding Claim 4, Kucharski discloses
The endoscope of claim 1, wherein the channel wall is unfurled in the expanded configuration (depicted in FIG. 4).
Regarding Claim 5, Kucharski discloses
The endoscope of claim 1, wherein the channel wall is configured to conformally expand in response to insertion of the instrument received in the working channel (par. 19 discloses working channel changes shape to accommodate tools being passed through it, par. 25 discloses expansion to allow for tools to pass).
Regarding Claim 10, Kucharski discloses
The endoscope of claim 1, further comprising the instrument received in the working channel, and the instrument projects from the distal tip at the channel opening (par. 76 discloses working channels allows tools to pass through it, par. 88 discloses tools pass through working channel and exit the distal tip).
Regarding Claim 11, Kucharski discloses
The endoscope of claim 1, wherein the instrument includes one or more of a scalpel, scissors, forceps, guidewire, or laser fiber (par. 8 discloses working channels allows forceps).
Regarding Claim 12, Kucharski discloses
The endoscope of claim 1, further comprising a fluid supply line (flushing channel 24, par. 82 discloses flushing fluid pass through the flushing channel).
Claim(s) 1, 6-7, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piskun (US 20180264239 A1).
Regarding Claim 1, Piskun discloses
An endoscope (endoscopic system 10, FIG. 1) configured for insertion into a urethra of a patient (par. 7 discloses endoscopic system, i.e. catheter, used within body lumen of a patient), the endoscope comprising:
an endoscope body (flexible catheter 11, FIG. 1) extending between a proximal end and a distal end (depicted in FIG. 1) and having a distal tip (distal cap 38, FIG. 2A);
an optical sensor (endoscope 30) located at the distal tip and configured to provide a distal field of view from the distal tip (FIG. 4A, par. 52 disclose endoscope is a distal viewing scope); and
an expandable and collapsible working channel (expanded working space 41, FIG. 3) configured for reception of an instrument (FIG. 4C, 4D, par. 47 disclose working instruments inserted in working space),
the working channel extending along the endoscope body to a channel opening (seal 39, FIG. 4A) located at the distal tip (depicted in FIG. 4A),
wherein the working channel has a collapsed configuration (depicted in FIG. 2A) and an expanded configuration (depicted in FIG. 2B), and wherein:
in the collapsed configuration, the working channel is collapsed and a channel wall (expandable member 40) is in a first position relative to the endoscope body (depicted in FIG. 2A), and
the working channel has a first cross-sectional area (depicted in FIG. 2A); and
in the expanded configuration, the working channel is expanded and the channel wall is displaced relative to the first position (depicted in FIG. 2B) and
the working channel has a second cross-sectional area larger than the first cross-sectional area (depicted in FIG. 2B).
Regarding Claim 6, Piskun discloses
The endoscope of claim 1, further comprising one or more working channel members (window 45, FIG. 2B) including the channel wall, and
the working channel features are configured to unfurl with the working channel in the expanded configuration (depicted in FIG. 2A-2B).
Regarding Claim 7, Piskun discloses
The endoscope of claim 6, wherein the one or more working channel members include at least one door (window 45, FIG. 2B), and
the at least one door is configured to open with the working channel in the expanded configuration (par. 57 discloses upon collapse of expandable member, window is closed, i.e. it is inherent that window is opened upon expansion, as depicted in FIG. 2B).
Regarding Claim 13, Piskun discloses
The endoscope of claim 1, further comprising one or more inflatable balloons configured to transition the working channel between the collapsed configuration and the expanded configuration (par. 9 discloses balloon expands the expandable member from the collapsed configuration to the expanded configuration).
Claim(s) 1, 8-9, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piskun (US 20180185018 A1).
Regarding Claim 1, Piskun discloses
An endoscope (endoscopic system 10, FIG. 1) configured for insertion into a urethra of a patient (par. 7 discloses endoscopic system, i.e. catheter, used within body lumen of a patient), the endoscope comprising:
an endoscope body (flexible catheter 11, FIG. 1) extending between a proximal end and a distal end (depicted in FIG. 1) and having a distal tip (distal cap 38, FIG. 2A);
an optical sensor (endoscope 30) located at the distal tip and configured to provide a distal field of view from the distal tip (FIG. 4A, par. 67 disclose endoscope is a distal viewing scope with a wide distal viewing area); and
an expandable and collapsible working channel (expanded working space 41, FIG. 6) configured for reception of an instrument (FIG. 5, par. 62 disclose working instruments inserted in working space),
the working channel extending along the endoscope body to a channel opening (seal 39, FIG. 4A) located at the distal tip (depicted in FIG. 4A),
wherein the working channel has a collapsed configuration (depicted in FIG. 2A) and an expanded configuration (depicted in FIG. 2B), and wherein:
in the collapsed configuration, the working channel is collapsed and a channel wall (expandable member 40) is in a first position relative to the endoscope body (depicted in FIG. 2A), and
the working channel has a first cross-sectional area (depicted in FIG. 2A); and
in the expanded configuration, the working channel is expanded and the channel wall is displaced relative to the first position (depicted in FIG. 2B) and
the working channel has a second cross-sectional area larger than the first cross-sectional area (depicted in FIG. 2B).
Regarding Claim 8, Piskun discloses
The endoscope of claim 1, wherein the endoscope body defines an instrument socket (window 48, FIG. 2A), and the working channel is between a socket wall (FIG. 20B, par. 77 disclose window can be closed, i.e. wall of window) of the instrument socket and the channel wall (depicted in FIG. 2A).
Regarding Claim 9, Piskun discloses
The endoscope of claim 8, wherein the channel wall is relatively more proximate the socket wall in the collapsed configuration (depicted in FIG. 2A, 20B), and
the channel wall is relatively more remote from the socket wall in the expanded configuration (depicted in FIG. 2B).
Regarding Claim 13, Piskun discloses
The endoscope of claim 1, further comprising one or more inflatable balloons configured to transition the working channel between the collapsed configuration and the expanded configuration (par. 12 discloses expandable region is formed by inflatable balloon, par. 68 discloses expansion, and inherently collapsing, is achieved via inflating of balloon).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795