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 Group 1, Claims 1-16, and Species A from each respective group, readable on Claims 1-11 in the reply filed on 12/11/2025 is acknowledged.
Claim Rejections - 35 USC § 112
Claims 1-4, 6-7, 9-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 3-4, 6-7, 9-10 recites the limitation “a state of protruding” which is confusing and unclear. Independent claim 1 introduces this limitation with the context of “the first sealing portion being fitted in the first through hole in a state of protruding from the first through hole.” The structure of the invention as claimed is indefinite since it is unclear whether or not the first sealing portion or the first through hole are in “a state of protruding” and what they are protruding relative to. The examiner suggests amending the claim language to better point to the aspect that is protruding and what it is protruding in relation to.
Claim 2 recites “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” which is an indefinite limitation since claim 1 asserts that the first sealing portion protrudes towards the first space when fitted in the first through hole, as interpreted by the examiner, thus it is unclear how a first end of the first sealing portion which is on a side of the first space can have an outer diameter larger than the inner diameter of the first through hole since the part of the first sealing portion on the side of the first space, i.e. the first end, would need to be able to be fit in the first through hole.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto (US 20170112362 A1).
Regarding Claim 1, Morimoto discloses
A distal end body (leading end body 30, FIG. 2-3) of an endoscope (ultrasound endoscope 2, FIG. 1) comprising:
an outer portion (base section 32, FIG. 3) defining an internal space (elevator accommodation space 45, FIG. 3) and including a partition (partition 54, FIG. 4),
the partition having a first through hole (cylindrical bearing hole 57, FIG. 6),
the partition partitioning the internal space into a first space (elevator portion 50) and a second space (elevation lever portion 52, disclosed in par. 65, FIG. 6);
a first sealing portion (lever rotation shaft portion 80, FIG. 6) including a second through hole (cylindrical first fitting hole 88, FIG. 11),
the first sealing portion being fitted in the first through hole in a state of protruding from the first through hole toward the first space (depicted in FIG. 6); and
an inner portion (elevator rotation shaft portion 62, FIG. 6) being fitted in the second through hole (FIG. 6, par. 98 disclose elevator rotation shaft portion is fitted into fitting hole of lever shaft rotation portion).
Regarding Claim 2, Morimoto 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 (par. 79 discloses lever rotation shaft portion is on a base end side, i.e. first end, of the elevation lever, FIG. 4-6 disclose base end side is on elevator portion side; par. 93 discloses elevation lever has an outer diameter that is substantially equal to the inner diameter of the bearing hole, i.e. capable of being slightly larger).
Regarding Claim 3, Morimoto 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 (par. 94 discloses rotation regulation portion of the elevator rotation shaft portion can be fitted into the fitting hole, FIG. 4-6 disclose elevator rotation shaft portion are on elevator portion side).
Regarding Claim 4, Morimoto discloses
The distal end body according to claim 1, wherein the inner portion includes:
an annular portion (small diameter portion 64, FIG. 10) fitted in the second through hole in a state of protruding from the second through hole toward the first space (par. 112, 116 disclose small diameter portion fitted inside cylindrical first fitting hole); and
a shaft (rotation regulation portion 65, FIG. 10) disposed inside the annular portion (FIG. 10, par. 91 disclose rotation regulation portion extends from the small diameter portion).
Regarding Claim 5, Morimoto discloses
The distal end body according to claim 4, further comprising a second sealing portion (second fitting hole 89, FIG. 11) sandwiched between the annular portion and the shaft (FIG. 11, par. 114 disclose second fitting hole is formed in first fitting hole and the rotation regulation portion can be fitted into the second fitting hole substantially without a gap, i.e. between small diameter portion and rotation regulation portion).
Regarding Claim 6, Morimoto 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 (FIG. 6 depicts dashed line which the rotation regulation portion will follow, i.e. towards elevation lever portion), and
wherein a flange (wire coupling portion 81, FIG. 6) facing the partition is disposed at an end portion of the annular portion on a side of the second space (FIG. 5 discloses upon connection to rotation regulation portion, i.e. at an end portion, the wire coupling portion will be in the elevation lever portion side, i.e. second space).
Regarding Claim 7, Morimoto 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 (depicted in FIGS. 5-6),
wherein a second end (screw 90, FIG. 5) 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 (FIG. 5, par. 80 discloses screw fixes lever rotation shaft portion to elevator rotation shaft portion, i.e. too large to be inserted into bearing hole, as shown in FIG. 5), and
wherein the flange faces the partition across the second end (depicted in FIG. 5).
Regarding Claim 8, Morimoto discloses
The distal end body according to claim 7, wherein the partition has a groove (lever accommodation space 56A) in which the second end is fitted (depicted in FIG. 5).
Regarding Claim 9, Morimoto discloses
The distal end body according to claim 4,
wherein the shaft is rotatably held with respect to the annular portion (par. 116 discloses rotation regulation portion fitted into first fitting hole at a predetermined rotation angle, i.e. with respect to the small diameter portion), and
the shaft is disposed in a state of protruding from an inside of the annular portion toward the first space (FIG. 10, par. 91 disclose rotation regulation portion extends from the small diameter portion, i.e. towards the elevator portion/ first space), and
wherein the shaft includes a first protruding portion protruding toward the first space (FIG. 10 discloses part of rotation regulation portion extends towards the lever rotation shaft portion, i.e. first protruding portion), and
the first protruding portion is connected to a raising base (elevator 50, FIG. 6) of a treatment tool (treatment tool 150, FIG. 1).
Regarding Claim 10, Morimoto 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 (FIG. 6 depicts dashed line which the rotation regulation portion will follow, i.e. towards elevation lever portion), and
wherein the shaft includes a second protruding portion protruding toward the second space (FIG. 10 discloses part of rotation regulation portion extends towards the small diameter portion, i.e. second protruding portion), and
the second protruding portion is connected to an arm (elevation lever 52, FIG. 10) to rotate the shaft (par. 84 discloses elevation lever turns around the axis of the lever rotation shaft portion and the elevator rotation shaft portion turns in conjunction, i.e. through the rotation regulation portion which is connected directly to the lever rotation shaft portion).
Regarding Claim 11, Morimoto 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 same as or smaller than an inner diameter of the first through hole (par. 79 discloses lever rotation shaft portion is on a base end side, i.e. first end, of the elevation lever, FIG. 4-6 disclose base end side is on elevator portion side; par. 93 discloses elevation lever has an outer diameter that is substantially equal to the inner diameter of the bearing hole).
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.
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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