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 .
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.
Claim5-6 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.
Regarding claim 5, Claim recites “the lever has a slot extending along a longitudinal direction of the slot”. The claim is rendered indefinite, as the direction of the slot cannot be defined by the slot.
Claim 6 similarly rejected for dependency upon claim 5.
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, 7-11, 13-18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue 368 (US 20230404368 A1).
Regarding claim 1, Inoue 368 teaches An endoscope comprising:
an insertion section (fig. 1, element 13, [0026], insertion part 13) including a movable member (fig. 2, element 32, [0029], tool elevator 32) configured to move between a first position and a second position; and
an operation section (fig. 1, element 12, [0029], operating part 12) including a lever (fig. 2, element 31, [0029], elevator operating lever 31) and a stopper (fig. 7, element 35a/b, [0032], regulating members 35a/b), the operation section provided on a proximal end of the insertion section, wherein
the lever is configured to be rotatable around a rotation axis within a first rotational range of rotation (fig. 8, element R3, [0036], terminal end position R3) in a first state to move the movable member between the first position and the second position,
the stopper is configured to restrict rotation of the lever in at least a first rotational direction to be within the first rotational range of rotation in the first state, and
one of the lever or the stopper is deformed to change the first rotational range of rotation of the lever in the first state to a second rotational range of rotation in a second state (fig. 7, element R2, [0034], terminal end position R2), the second rotation range of rotation being greater than the first rotational range of rotation.
Regarding claim 7, Inoue 368 teaches The endoscope according to claim 1,
wherein the stopper comprises a first stopper (fig. 7, element 35a) configured to restrict rotation of the lever in the first rotational direction; and
the operation section further comprises a second stopper (fig. 7, element 35b) configured to restrict rotation of the lever in a second rotational direction, opposite to the first rotational direction.
Regarding claim 8, Inoue 368 teaches The endoscope according to claim 1,
wherein the stopper is an exterior of the operation section (fig. 7, elements 35a/b are disposed on the underside of the lever and interact with the surface of the endoscope 41a).
Regarding claim 9, Inoue 368 teaches The endoscope according to claim 1,
wherein movement of the movable member between the first position and the second position is a rotation ([0029], change from a lowered to an elevated posture of vice versa by a rotational movement mechanism 40).
Regarding claim 10, Inoue 368 teaches The endoscope according to claim 9,
wherein the movable member comprises a raising base provided in the insertion section, and the raising base is configured to rotate relative to the insertion section (fig. 2, element 32, [0029], tool elevator 32).
Regarding claim 11, Inoue 368 teaches The endoscope according to claim 1,
wherein movement of the movable member between the first position and the second position is translation along a longitudinal axis direction of the insertion section (fig. 4, element 40, [0030], rotational movement mechanism comprises linear members).
Regarding claim 13, Inoue 368 teaches The endoscope according to claim 1,
wherein the first position is a position at which the movable member is restricted from moving toward a proximal end side of the insertion section (fig. 7, element R1, [0034], start end position R1 is provided with regulating member 35a that prevents rotational movement beyond the portion).
Regarding claim 14, Inoue 368 teaches The endoscope according to claim 1,
wherein the first position is a position at which the movable member is restricted from moving toward a distal end side of the insertion section (fig. 7, element R2, [0034], terminal end position R2 corresponds to the point at which the regulating member 35b contacts body part 41a).
Regarding claim 15, Inoue 368 teaches The endoscope according to claim 1,
wherein the movable member and the lever are at least partially connected with a single-use member ([0029], elevator rotational movement mechanism 40 serves the single use of moving the elevator rotationally).
Regarding claim 16, Inoue 368 teaches The endoscope according to claim 1,
wherein the operation section includes a link mechanism coupling the lever to the movable member (fig. 4, element 40, [0029], rotational movement mechanism 40), the link mechanism including
a link main body (fig. 4, element 42, [0030], rotational movement member 42),
a rod body (fig. 4, element 45, [0030], crank member 45),
a coupling member (fig. 4, element 47, [0030], pulling wire 47), and
a coupling member guide (fig. 4, element 46, [0030], slider 46),
the rod body has a first end coupled to the link main body and a second end coupled to the coupling member,
the coupling member is housed in the coupling member guide, and when the link main body turns around the rotation axis, the coupling member slides inside the coupling member guide to move forward and backward in a longitudinal axis direction of the insertion section ([0030]).
Regarding claim 17, Inoue 368 teaches The endoscope according to claim 1,
wherein the stopper is configured to restrict rotation of the lever in the first rotational direction to be within the first rotational range of rotation in the first state and in a second rotational direction to be within the first rotational range of rotation in the first state, the second rotational direction being opposite to the first rotational direction (fig. 7, elements 35a/b are disposed on the underside of the lever and interact with the surface of the endoscope 41a).
Regarding claim 18, Inoue 368 teaches The endoscope according to claim 17,
wherein one of the lever or the stopper is deformed to change the first rotational range of rotation of the lever in one or more of the first rotational direction and the second rotational direction in the first state to the second rotational range of rotation in the second state (fig. 12, [0040], attachment and detachment via deformation of the finger hook part 35 sets the heights of regulating members 35a/b and the rotational range of the lever).
Regarding claim 20, Inoue 368 teaches The endoscope according to claim 1,
wherein the stopper is configured to be deformed by being removed from the operation section (fig. 12, [0040], attachment and detachment via deformation of the finger hook part 35 sets the heights of regulating members 35a/b and the rotational range of the lever).
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue 368 as applied to claim 1 above, and further in view of Inoue 785 (US 20230389785 A1).
Regarding claim 5, Inoue 368 teaches The endoscope according to claim 1,
Inoue 368 does not explicitly teach wherein the lever has a slot extending along a longitudinal direction of the slot; the lever is rotatable around the rotation axis about a first longitudinal position on the slot in the first state; and in the second state, the lever is deformed by being extended radially relative to the rotation axis such that the lever is rotatable about a second longitudinal position of the slot.
However, Inoue 785 teaches wherein the lever has a slot (fig. 16, element 74, [0089], fitting groove 74) extending along a longitudinal direction of the slot; the lever is rotatable around the rotation axis about a first longitudinal position on the slot in the first state ([0094], second state of pressing the fitting member 72 constitutes a lock release state); and in the second state, the lever is deformed by being extended radially relative to the rotation axis such that the lever is rotatable about a second longitudinal position of the slot (fig. 15, element 73, [0092], spring member deforms lever 72 to interlock with the fitting groove 74).
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 lever of Inoue 368 to include a fitting groove as taught in Inoue in order to limit the rotational range of the lever (Inoue 785 [0093]).
Regarding claim 6, Inoue 368 in view of Inoue 785 teaches The endoscope according to claim 5,
Further, Inoue 785 teaches wherein the slot extends longitudinally in an arc shape ([0091], fitting groove 74 is an arc-shaped groove).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue 368 as applied to claim 11 above, and further in view of Hammer (US 20260000278 A1).
Regarding claim 12, Inoue 368 teaches The endoscope according to claim 11,
Inoue 368 does not explicitly teach wherein the movable member comprises at least one optical element.
However, Hammer teaches wherein the movable member comprises at least one optical element ([0059], module 50 comprises both the elevator 54 and the objective lens 60).
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 elevator of Inoue 368 to include an imaging device as taught in Hammer in order to treat regions adjacent the camera module (Hammer [0059]).
Conclusion
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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