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 .
Status of Claims
Claims 30-34, 36, 38-49, and 51 are pending, claims 1-29, 35, 37, and 50 have been cancelled, and claims 30-34, 36, 38-49, and 51 are currently under consideration for patentability under 37 CFR 1.104. Previous drawing objection and 35 USC 112 rejections have been withdrawn in light of Applicant’s amendments.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/29/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 30-49 and 51 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
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) 30-32, 34, 38-39, 41-43, 46, 48, and 51 are rejected under 35 U.S.C. 103 as being unpatentable over Suehara (US 2015/0190041), in view of Durgin (US 2008/0255424).
Regarding claim 30, Suehara discloses a method, comprising: advancing an endoscope (100, figure 4; endoscope [0009]) through a channel (10L, figure 1) of a trocar (2, figure 1; for medical use; abstract) such that a distal end of the endoscope is distal to a distal end of the trocar (see figure 1) such that the endoscope can capture a view of an internal lumen of a patient ([0051]), the distal end of the trocar being disposed in and providing access into the internal lumen of the patient (medical use; abstract, see claim 1). Suehara is silent regarding retracting the endoscope along at least a portion of a length of the channel of the trocar such that the distal end of the endoscope is proximal to a distal sensor disposed near the distal end of the trocar and is distal to a proximal sensor disposed proximal to the distal sensor; detecting, after retracting the endoscope proximally past the distal sensor, that the distal end of the endoscope is proximal to the distal sensor; and delivering at a retrograde angle, in response to detecting that the distal end of the endoscope is proximal to the distal sensor, a volume of liquid to the channel via an outlet disposed near the distal end of the trocar, such that the volume of liquid is directed toward the distal end of the endoscope and cleans a lens of the endoscope.
Durgin teaches an endoscope (1, figure 1) with a working lumen (121a, figure 2), an irrigation lumen (121b, figure 2), and an aspiration lumen (121c, figure 2). Each of the lumens terminates in a distal chamber (130, figure 2). A sensor(s) (140, figure 2) may be coupled to the distal chamber to provide audio or visual feedback to the user ([0061]). The sensor is configured to allow a user to determine when an instrument is no longer disposed in the outside environment, and instead is disposed in the distal chamber ([0061]). Further, the sensors may be located on any suitable portion of the endoscope ([0061]). The distal end of the irrigation lumen (123b, figure 2) may have a narrow exit in the shape of a nozzle and/or have any other configuration to alter fluid flow into the chamber ([0053]). Fluid flow through the irrigation lumen and aspiration lumen may be independently operated ([0055]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara to use sensors ([0061]) in the trocar, a nozzle ([0053]) at an outlet, and to independently operate fluid flow ([0055]) as taught by Durgin. Doing so would determine when the instrument is in a particular area/distal chamber ([0061]), alter the fluid flow into the distal chamber ([0053]), and to independently operate fluid flow ([0055]). The modified method would comprise retracting the endoscope along at least a portion of a length of the channel of the trocar such that the distal end of the endoscope is proximal to a distal sensor disposed near the distal end of the trocar and is distal to a proximal sensor disposed proximal to the distal sensor (sensors [0061]; Durgin | there can be multiple sensors, where the sensors can be placed near a liquid lumen hole 210B, figure 4; Suehara and the endoscope can be retracted proximally to the distal sensor but distal to the proximal sensor); detecting, after retracting the endoscope proximally past the distal sensor, that the distal end of the endoscope is proximal to the distal sensor ([0061]; Durgin | the sensors would detect if the endoscope is retracted proximally past the distal sensor); and delivering at a retrograde angle (curved…substantially a right angle [0053]; Durgin), in response to detecting that the distal end of the endoscope is proximal to the distal sensor ([0061]; Durgin), a volume of liquid (liquid F2, figure 4; Suehara) to the channel via an outlet (210b, figure 4; Suehara) disposed near the distal end of the trocar (see figure 4; Suehara), such that the volume of liquid is directed toward the distal end of the endoscope and cleans a lens of the endoscope (nozzle [0053]; Durgin).
Regarding claim 31, Suehara and Durgin further disclose advancing the endoscope a second time through at least a portion of the channel of the trocar such that the distal end of the endoscope is distal to the distal sensor disposed in the trocar (sensors [0061]; Durgin | there can be multiple sensors, where the sensors can be placed near a liquid lumen hole 210B, figure 4; Suehara). The endoscope can be advanced to be distal to the distal sensor ([0061]; Durgin).
Regarding claim 32, Durgin further teaches the distal sensor includes at least one of a mechanical sensor, a magnetic sensor (sensor…magnets [0061]; Durgin), a magnetic reed switch, an optical sensor, or a Hall sensor.
Regarding claim 34, Suehara further discloses drying, after delivering the volume of liquid, the lens of the endoscope via a flow of gas (supply of gas…[0110] and dry wiped…[0113]; Suehara).
Regarding claim 38, Durgin further teaches controlling the delivery of the volume of liquid via a switch (independently operate fluid flow…operation…[0055]; Durgin | interpreted there to be a switch/controller to allow the fluid flow to be independently operated).
Regarding claim 39, Suehara discloses a method, comprising: disposing a trocar (2, figure 1; for medical use; abstract) into a body cavity (medical use; abstract and claim 1); advancing an endoscope (100, figure 4; endoscope [0009]) through a channel (10L, figure 1) of the trocar, the channel in fluidic communication with the body cavity (see figures 1 and 4), retracting the endoscope (see figures 2-4, where 100 is withdrawn). Suehara is silent regarding detecting, via a single sensor disposed along a channel of the trocar, that a distal end of the endoscope disposed within the trocar has been withdrawn proximally past the single sensor, the single sensor disposed proximate to one or more outlets of the trocar; in response to detecting that the distal end of the endoscope is withdrawn proximally past the single sensor, delivering, via the one or more outlets, liquid into the channel to wash debris from the distal end of the endoscope; and after delivering the liquid into the channel, delivering a gas into the channel to remove liquid from the distal end of the endoscope.
Durgin teaches an endoscope (1, figure 1) with a working lumen (121a, figure 2), an irrigation lumen (121b, figure 2), and an aspiration lumen (121c, figure 2). Each of the lumens terminates in a distal chamber (130, figure 2). A sensor(s) (140, figure 2) may be coupled to the distal chamber to provide audio or visual feedback to the user ([0061]). The sensor is configured to allow a user to determine when an instrument is no longer disposed in the outside environment, and instead is disposed in the distal chamber ([0061]). Further, the sensors may be located on any suitable portion of the endoscope ([0061]). The distal end of the irrigation lumen (123b, figure 2) may have a narrow exit in the shape of a nozzle and/or have any other configuration to alter fluid flow into the chamber ([0053]). Fluid flow through the irrigation lumen and aspiration lumen may be independently operated ([0055]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara to use sensors ([0061]) in the trocar and to independently operate fluid flow ([0055]) as taught by Durgin. Doing so would determine when the instrument is in a particular area/distal chamber ([0061]) and to independently operate fluid flow ([0055]). The modified method would comprise detecting, via a single sensor disposed along a channel of the trocar (sensors [0061]; Durgin), that a distal end of the endoscope disposed within the trocar has been withdrawn proximally past the single sensor ([0061]; Durgin), the single sensor disposed proximate to one or more outlets of the trocar ([0061]; Durgin | there can be a sensor near a liquid lumen hole 210B, figure 4; Suehara); in response to detecting that the distal end of the endoscope is withdrawn proximally past the single sensor (sensor…detecting the presence…[0061] | the sensor can be used to detect the endoscope has withdrawn past the sensor), delivering, via the one or more outlets, liquid into the channel (liquid F2, figure 4; Suehara) to wash debris from the distal end of the endoscope (wet wiping…[0095]; Suehara); and after delivering the liquid into the channel, delivering a gas into the channel to remove liquid from the distal end of the endoscope (dry wiping…221 [0094]; see figure 4; Suehara).
Regarding claim 41, Suehara further discloses delivering, via the one or more outlets, the gas into the channel before delivering the liquid (make contact with 221…makes contact with 222 [0109], figure 4 | supplies the gas F1 [0106]).
Regarding claim 42, Durgin further discloses detecting that the endoscope has been inserted distally past the single sensor (sensor [0061]; Durgin | endoscope can be inserted distally past the single sensor); and in response to detecting that the endoscope has been inserted distally past the single sensor, deactivating the delivery of the liquid (independently operated…staggered flow [0055]).
Regarding claim 43, Durgin further teaches the single sensor includes at least one of a mechanical sensor, a magnetic sensor (sensor…magnets [0061]; Durgin), a magnetic reed switch, an optical sensor, or a Hall sensor.
Regarding claim 46, Suehara discloses a method, comprising: inserting an endoscope (100, figure 4; endoscope [0009]) into a trocar (2, figure 1; for medical use; abstract); advancing the endoscope through at least a portion of a length of a channel of the trocar (see figure 4 | endoscope can be advanced). Suehara is silent regarding advancing the endoscope such that a distal end of the endoscope is distal to a single optical sensor disposed near a distal end of the channel; retracting the endoscope along at least a portion of the length of the channel of the trocar such that the distal end of the endoscope is proximal to the single optical sensor disposed near the distal end of the trocar; detecting, via the single optical sensor, that the distal end of the endoscope has been withdrawn proximally past the single optical sensor, the single optical sensor disposed proximate to an outlet disposed near the distal end of the trocar; and delivering, in response to detecting that the distal end of the endoscope is proximal to the single optical sensor, a volume of liquid to the channel via the outlet, such that the liquid contacts and cleans a lens disposed at the distal end of the endoscope.
Durgin teaches an endoscope (1, figure 1) with a working lumen (121a, figure 2), an irrigation lumen (121b, figure 2), and an aspiration lumen (121c, figure 2). Each of the lumens terminates in a distal chamber (130, figure 2). A sensor (140, figure 2) may be coupled to the distal chamber to provide audio or visual feedback to the user ([0061]). The sensor is configured to allow a user to determine when an instrument is no longer disposed in the outside environment, and instead is disposed in the distal chamber ([0061]). Further, the sensors may be located on any suitable portion of the endoscope ([0061]). The distal end of the irrigation lumen (123b, figure 2) may have a narrow exit in the shape of a nozzle and/or have any other configuration to alter fluid flow into the chamber ([0053]). Fluid flow through the irrigation lumen and aspiration lumen may be independently operated ([0055]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara to use sensors ([0061]) in the trocar and to independently operate fluid flow ([0055]) as taught by Durgin. Doing so would determine when the instrument is in a particular area/distal chamber ([0061]) and to independently operate fluid flow ([0055]). The modified method would comprise advancing the endoscope such that a distal end of the endoscope is distal to a single optical sensor (sensors [0061]; Durgin) disposed near a distal end of the channel ([0061]; Durgin | there can be a sensor near a liquid lumen hole 210B, figure 4; Suehara); retracting the endoscope along at least a portion of the length of the channel of the trocar such that the distal end of the endoscope is proximal to the single optical sensor disposed near the distal end of the trocar (endoscope 100 may be withdrawn past the single optical sensor; see figure 4 of Suehara); detecting, via the single optical sensor, that the distal end of the endoscope has been withdrawn proximally past the single optical sensor, the single optical sensor disposed proximate to an outlet disposed near the distal end of the trocar (sensor…detecting the presence…[0061]; Durgin | the sensor can be used to detect the endoscope has withdrawn past the sensor and near the liquid lumen hole 210b, figure 4; Suehara); and delivering, in response to detecting that the distal end of the endoscope is proximal to the single optical sensor, a volume of liquid to the channel via the outlet (liquid F2, figure 4; Suehara), such that the liquid contacts and cleans a lens disposed at the distal end of the endoscope (wet wiping…[0095]; Suehara).
Regarding claim 48, Suehara further discloses drying, after delivering the volume of liquid, the lens of the endoscope via a flow of gas (make contact with 221…makes contact with 222 [0109], figure 4 | supplies the gas F1 [0106] of Suehara).
Regarding claim 51, Durgin further teaches the single optical sensor is a first sensor (sensors [0061]; Durgin), and the first sensor is located at a first location (sensors…located on any suitable portion [0061]), and the trocar further includes a second sensor disposed at a second location along the channel proximal to the first location (sensors…located on any suitable portion [0061]).
Claim(s) 33, 36, 40, 44-45, 47, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Suehara (US 2015/0190041) and Durgin (US 2008/0255424) as applied to claims 30 and 39 and 46 above, and further in view of Yoshida (US 2013/0053643).
Regarding claim 33, Suehara and Durgin disclose all of the features in the current invention as shown above in claim 30. They are silent regarding activating the delivery of the volume of liquid via a processor.
Yoshida teaches an endoscope system (see figure 1) with a trocar (26, figure 1). An air-supply/water-supply device (18, figure 1) controls the supply of cleaning solution and cleaning gas to the endoscope (12, figure 1). Control part (74, figure 1) controls the opening/closing of the first and second solenoid valves (68 and 70, figure 4) control the supply of the cleaning solution and the cleaning gas supplied from the air-supply/water-supply device. A processor device (14, figure 5) has an automatic detecting part (90, figure 5), which detects when the endoscope is inserted into or removed from the insertion path of the trocar ([0066]). When the automatic detecting part determines the endoscope to be present inside the trocar, a detection signal is outputted to the control part of the air-supply/water-supply device to be in an ON state ([0066]). In the ON state, the cleaning solution or the cleaning gas is supplied ([0067]). Alternatively, an optical sensor may be provided inside the trocar to detect whether the endoscope is inside the trocar ([0080]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara and Durgin to use a processor device for the trocar as taught by Yoshida. Doing so would provide an automatic detection of the instrument in the apparatus and supply water and/or gas to the apparatus to clean the instrument ([0066]-[0067]; Yoshida). The modified method would comprise activating the delivery of the volume of liquid via a processor (processing part…ON state [0066]; ON state…valve…open state [0067]; Yoshida | 14, figure 5).
Regarding claim 36, Yoshida further teaches the processor is configured to activate a flow of the liquid to expel a predetermined volume of liquid into the channel (detection timing [0066]; Yoshida | the amount of time the liquid or gas is flowing would expel a predetermined volume).
Regarding claim 40, Suehara and Durgin disclose all of the features in the current invention as shown above in claim 39. They are silent regarding delivering the gas into the channel to insufflate the body cavity.
Yoshida further teaches a pneumoperitoneum device (20, figure 1) to supply CO2 gas to the inside of the body cavity from a CO2 gas cylinder (43, figure 1) through a high-pressure gas tube (44, figure 1). A tube (40, figure 1) has one end connected to the pneumoperitoneum device to an air-supply connector (49, figure 1) of a trocar (26, figure 1). The air-supply connector is connected to an insertion path (48, figure 3) of the trocar.
It would have been obvious to modify the method of Suehara and Durgin to comprise being connected to a pneumoperitoneum device (20, figure 1), a high-pressure gas tube (44, figure 1), and a CO2 gas cylinder (43, figure 1) through a tube (40, figure 1) connected to the outlet. Doing so would provide gas to the body cavity ([0049]). The modified method would comprise delivering the gas into the channel to insufflate the body cavity ([0049]; Yoshida).
Regarding claim 44, Suehara and Durgin disclose all of the features in the current invention as shown above in 39. They are silent regarding activating the delivery of the liquid via a processor.
Yoshida teaches an endoscope system (see figure 1) with a trocar (26, figure 1). An air-supply/water-supply device (18, figure 1) controls the supply of cleaning solution and cleaning gas to the endoscope (12, figure 1). Control part (74, figure 1) controls the opening/closing of the first and second solenoid valves (68 and 70, figure 4) control the supply of the cleaning solution and the cleaning gas supplied from the air-supply/water-supply device. A processor device (14, figure 5) has an automatic detecting part (90, figure 5), which detects when the endoscope is inserted into or removed from the insertion path of the trocar ([0066]). When the automatic detecting part determines the endoscope to be present inside the trocar, a detection signal is outputted to the control part of the air-supply/water-supply device to be in an ON state ([0066]). In the ON state, the cleaning solution or the cleaning gas is supplied ([0067]). Alternatively, an optical sensor may be provided inside the trocar to detect whether the endoscope is inside the trocar ([0080]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara and Durgin to use a processor device for the trocar as taught by Yoshida. Doing so would provide an automatic detection of the instrument in the apparatus and supply water and/or gas to the apparatus to clean the instrument ([0066]-[0067]; Yoshida). The modified method would comprise activating the delivery of the liquid via a processor (processing part…ON state [0066]; ON state…valve…open state [0067]; Yoshida | 14, figure 5).
Regarding claim 45, Yoshida further teaches the processor is configured to activate a flow of the liquid to expel a predetermined volume of liquid into the channel (detection timing [0066]; Yoshida | the amount of time the liquid or gas is flowing would expel a predetermined volume).
Regarding claim 47, Suehara and Durgin disclose all of the features in the current invention as shown above in 46. They are silent regarding activating the delivery of the volume of liquid via a processor.
Yoshida teaches an endoscope system (see figure 1) with a trocar (26, figure 1). An air-supply/water-supply device (18, figure 1) controls the supply of cleaning solution and cleaning gas to the endoscope (12, figure 1). Control part (74, figure 1) controls the opening/closing of the first and second solenoid valves (68 and 70, figure 4) control the supply of the cleaning solution and the cleaning gas supplied from the air-supply/water-supply device. A processor device (14, figure 5) has an automatic detecting part (90, figure 5), which detects when the endoscope is inserted into or removed from the insertion path of the trocar ([0066]). When the automatic detecting part determines the endoscope to be present inside the trocar, a detection signal is outputted to the control part of the air-supply/water-supply device to be in an ON state ([0066]). In the ON state, the cleaning solution or the cleaning gas is supplied ([0067]). Alternatively, an optical sensor may be provided inside the trocar to detect whether the endoscope is inside the trocar ([0080]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Suehara and Durgin to use a processor device for the trocar as taught by Yoshida. Doing so would provide an automatic detection of the instrument in the apparatus and supply water and/or gas to the apparatus to clean the instrument ([0066]-[0067]; Yoshida). The modified method would comprise activating the delivery of the volume of liquid via a processor (processing part…ON state [0066]; ON state…valve…open state [0067]; Yoshida | 14, figure 5).
Regarding claim 49, Yoshida further teaches the processor is configured to activate a flow of the liquid to expel a predetermined volume of liquid into the channel (detection timing [0066]; Yoshida | the amount of time the liquid or gas is flowing would expel a predetermined volume).
Conclusion
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PAMELA F. WU
Examiner
Art Unit 3795
October 31, 2025
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795