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
The Amendment filed June 23rd, 2026 has been entered. Claim 1 has been amended. Claims 21 and 22 are newly added. Claims 1-22 are now pending in the application, with claims 11-20 withdrawn. The previous 35 U.S.C. 112(b) rejections of claims 1-4, 6-7, and 9-10 are withdrawn in light of Applicant's amendments.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 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.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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) 1-3, 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (US 20160270637 A1, hereinafter Tanaka).
Regarding Claim 1, Tanaka discloses
A distal end body (distal end portion 7, FIG. 1) of an endoscope (endoscope 1, FIG. 1) comprising:
an outer portion (distal end portion body 30, FIG. 4) defining an internal space (elevator housing slit 38, FIG. 4) and including a partition (right side wall portion 34, FIG. 4),
the partition having a first through hole (holding hole 50 + rotating shaft receiving portion 66, FIG. 4),
the partition partitioning the internal space into a first space (erecting lever housing chamber 40, FIG. 4) and a second space (optical system housing chamber 42, FIG. 4, par. 48 disclose distal end portion body divides inside into a plurality of regions, par. 51 discloses the respective chambers are spaces separated by the left and right-side wall portions);
a first sealing portion (erecting lever 84, FIG. 4) including a second through hole (coupling tool 85, FIGS. 4-5),
the first sealing portion being fitted in the first through hole such that the first sealing portion protrudes from the first through hole in a direction toward the first space (depicted in FIGS. 4-5); and
an inner portion (operating wire 86, FIG. 5) being fitted in the second through hole (FIG. 5, par. 61 disclose operating wire is coupled with the erecting lever through a coupling tool);
wherein the first sealing portion has a shape in which a cross-sectional area perpendicular to a central axis of the second through hole increases in the direction toward the first space (FIGS. 4-5 depict a larger portion, i.e. in terms of cross-sectional area, of the erecting lever is provided towards the first space in both a perpendicular and axial direction; FIG. 6 depicts the rotating shaft portion, 82, of the erecting lever has a portion wherein the cross-sectional area initially decreases then increases towards the direction of the elevator, i.e. towards first space).
Regarding Claim 2, Tanaka discloses
The distal end body according to claim 1, wherein a first end of the first sealing portion on a side of the first space has an outer diameter larger than an inner diameter of the first through hole (depicted in FIG. 5).
Regarding Claim 3, Tanaka discloses
The distal end body according to claim 2, wherein the inner portion is fitted in the second through hole in a state of protruding from the second through hole toward the first space (depicted in FIG. 5).
Regarding Claim 21, Tanaka discloses
The distal end body according to claim 1, wherein the inner portion is configured to bias the first sealing portion toward an inner surface of the first through hole when the first sealing portion is inserted into the first through hole and the inner portion is fitted in the second through hole (FIG. 5, par. 62 disclose pushing and pulling of operating wire results in erecting lever rotating with rotating shaft, which causes an elevator towards an inner surface of the holding hole to be operated).
Regarding Claim 22, Tanaka discloses
The distal end body according to claim 21,
wherein when the inner portion biases the first sealing portion toward the inner surface of the first through hole (FIG. 5, par. 62 disclose pushing and pulling of operating wire results in erecting lever rotating with rotating shaft, which causes an elevator towards an inner surface of the holding hole to be operated),
the first sealing portion is biased toward the outer portion (depicted in FIG. 5).
Claim(s) 1, 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiraoka (US 20200359880 A1).
Regarding Claim 1, Hiraoka discloses
A distal end body (distal end portion 2a, FIG. 1) of an endoscope (endoscope 1, FIG. 1) comprising:
an outer portion (distal-end rigid portion 11, FIG. 2) defining an internal space (opening 11a, FIG. 2) and including a partition (wall of distal-end rigid portion 11, FIGS. 9-10),
the partition having a first through hole (through-hole 11d, FIG. 10),
the partition partitioning the internal space into a first space (first opening 11a, FIGS. 9-10) and a second space (second opening 11b, FIGS. 9-10);
a first sealing portion (rotary shaft 13 + arm unit 14 + housing 15, FIG. 8, par. 38 disclose raising base unit) including a second through hole (through-hole 14a + first shaft hole 15aa + second shaft hole 15ba, FIG. 7),
the first sealing portion being fitted in the first through hole such that the first sealing portion protrudes from the first through hole in a direction toward the first space (FIGS. 10-12, par. 38-39 disclose rotary shaft and bearing portion are engaged with/ inserted into through-hole of distal-end rigid portion; FIG. 12 depicts parts of the raising base unit protruding towards the first opening space upon insertion into through-hole of distal-end rigid portion); and
an inner portion (rotary shaft 13 + arm unit 14, FIG. 7) being fitted in the second through hole (depicted in FIGS. 7, 10);
wherein the first sealing portion has a shape in which a cross-sectional area perpendicular to a central axis of the second through hole increases in the direction toward the first space (depicted in FIGS. 8, 10).
Regarding Claim 4, Hiraoka discloses
The distal end body according to claim 1,
wherein the inner portion includes:
an annular portion (arm unit 14, FIG. 7) fitted in the second through hole in a state of protruding from the second through hole toward the first space (FIGS. 7-8 depict arm unit is fitted between first shaft hole and second shaft hole and protrudes toward first shaft hole, i.e. towards first space and second space); and
a shaft (rotary shaft 13, FIG. 7) disposed inside the annular portion (depicted in FIGS. 7-8).
Regarding Claim 5, Hiraoka discloses
The distal end body according to claim 4, further comprising a second sealing portion (spring pin 20, FIG. 7) sandwiched between the annular portion and the shaft (FIGS. 7-8, par. 36 disclose spring pin is inserted into the pin hole of the arm unit and the pin hole of the rotary shaft).
Regarding Claim 6, Hiraoka discloses
The distal end body according to claim 4,
wherein the annular portion is fitted in the second through hole in a state of protruding from the second through hole toward the second space (FIGS. 7-8 depict arm unit is fitted between first shaft hole and second shaft hole and protrudes toward first shaft hole, i.e. towards first space and second space), and
wherein a flange (slit 14d, FIG. 7) facing the partition is disposed at an end portion of the annular portion on a side of the second space (depicted in FIGS. 7-10).
Regarding Claim 7, Hiraoka discloses
The distal end body according to claim 6,
wherein the first sealing portion is fitted in the first through hole in a state of protruding from the first through hole toward the second space (FIG. 12 depicts parts of the raising base unit protruding towards the second opening space upon insertion into through-hole of distal-end rigid portion),
wherein a second end (first bearing portion 15a, FIG. 10) of the first sealing portion on the side of the second space has an outer diameter larger than the inner diameter of the first through hole (depicted in FIGS. 10, 12), and
wherein the flange faces the partition across the second end (depicted in FIGS. 10, 12).
Regarding Claim 8, Hiraoka discloses
The distal end body according to claim 7, wherein the partition has a groove in which the second end is fitted (depicted in FIG. 12).
Regarding Claim 9, Hiraoka discloses
The distal end body according to claim 4,
wherein the shaft is rotatably held with respect to the annular portion (par. 30 discloses through-hole of the arm unit is engaged with rotary shaft so that the shaft and arm unit may rotate together), and
the shaft is disposed in a state of protruding from an inside of the annular portion toward the first space (depicted in FIG. 10), and
wherein the shaft includes a first protruding portion (planar portion 13a) protruding toward the first space (depicted in FIGS. 10, 12), and
the first protruding portion is connected to a raising base (forceps elevator 12, FIG. 10) of a treatment tool (FIG. 10, par. 28-29 disclose forceps elevator is engaged with the rotary shaft, i.e. with the planar portion of the rotary shaft; par. 26 discloses forceps which contact the forceps elevator).
Regarding Claim 10, Hiraoka discloses
The distal end body according to claim 9,
wherein the shaft is disposed in a state of protruding from the inside of the annular portion toward the second space (depicted in FIGS. 10, 12), and
wherein the shaft includes a second protruding portion (planar portion 13c, FIG. 7) protruding toward the second space (depicted in FIGS. 10, 12), and
the second protruding portion is connected to an arm (spring pin 20, FIG. 7) to rotate the shaft (par. 30 discloses spring pin is inserted into the pin hole of the rotary shaft so that the rotary shaft may rotate).
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 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
Prosecution Insights