ENDOSCOPE

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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/2/2026 has been entered. Response to Amendment Amendments to claims 1 of 7/2/2026 acknowledged and entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1 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 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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (US 20160089003 A1) in view of Melito (US 20220202278 A1). Regarding claim 1, Morimoto teaches An endoscope comprising: an insertion part (fig. 1, element 10, [0065], insertion part 10) that is to be inserted into a subject; an operation part (fig. 1, element 12, [0065], operation part 12) that is provided at a proximal end of the insertion part; a distal end portion body (fig. 1, element 34, [0066], distal end part 34) that is located at a distal end of the insertion part, and communicates with a treatment tool lead-out port (fig. 2, element 64, [0076], tool exit port 64); an elevator (fig. 2, element 60, [0078], forceps elevator 60) that is provided at the distal end portion body and causes a treatment tool led out of the treatment tool lead-out port to elevate, the elevator being provided to be movable between an elevated position and a fallen position; an elevating operation lever (fig. 3, element 74, [0067], erecting operation lever 74) that causes the elevator to move to the elevated position in accordance with rotation in a first direction and causes the elevator to move to the fallen position in accordance with rotation in a second direction; and a locking mechanism (fig. 16, element 210, [0167], locking mechanism 160) that brings the elevating operation lever into a locked state, wherein the locking mechanism includes: a lock member (fig. 16, element 212, 214, [0168], fixing part 212, movable part 214) that is provided in the elevating operation lever; and a spring member (fig. 16, element 244, [0201], elastic support member which supports the locking projection 244 may be a spring) that applies a biasing force to the lock member, and in the locking mechanism, in a case where the elevating operation lever is not operated, the lock member is biased to a lock position by the biasing force and the elevating operation lever is in the locked state, and in a case where the elevating operation lever is operated, the locked state of the elevating operation lever is released by a lock release operation against the biasing force. Morimoto does not explicitly teach wherein the spring member is a coil spring. However, Melito teaches wherein the spring member is a coil spring (fig. 3a, element 276, [0036], spring 276). 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 spring of Morimoto to be a coil spring as taught in Melito in order to bias a control button in a particular configuration while an operator does not intend to actuate it (Melito [0036]). Regarding claim 2, Morimoto in view of Melito teaches The endoscope according to claim 1, Further, Morimoto teaches wherein the locking mechanism includes: a locking piece that is provided in the operation part (fig. 16, element 244, [0201], locking projection 244); a locked member (fig. 16, element 220, [0201], locking pin 220) that serves as the lock member, the locked member being slidably attached to the elevating operation lever and being biased by the biasing force to a locked position where the locked member is locked to the locking piece; and a pressing operation member (fig. 16, element 244, [0184], locking projection 244) that is provided integrally with the locked member, and in a case where the pressing operation member is not pressed, the locked member is locked to the locking piece, and in a case where the elevating operation lever is operated, the pressing operation member is pressed against the biasing force to be moved integrally with the locked member and the locked member is moved from the locked position to a locked release position ([0184], engagement of the locking member is released by actuation of the locking projection 244). Regarding claim 3, Morimoto in view of Melito teaches The endoscope according to claim 1, Further, Morimoto teaches wherein the locking mechanism includes: a fitting groove (fig. 16, element 220, [0201], locking pin 220) that is provided in the operation part; and a fitting member (fig. 16, element 244, [0201], locking projection 244) that constitutes a part of the elevating operation lever and is biased by the biasing force of the biasing member to a fitting position where the fitting member is fitted to the fitting groove, the fitting member being slidably attached to a body of the elevating operation lever, and in a case where the fitting member is not pressed, the fitting member is fitted to the fitting groove, and in a case where the elevating operation lever is operated, the fitting member is pressed and moved against the biasing force and the fitting member is moved from the fitting position to a fitting release position ([0184], engagement of the locking member is released by actuation of the locking projection 244). Regarding claim 4, Morimoto in view of Melito teaches The endoscope according to claim 3, Further, Morimoto teaches wherein the fitting member includes a fitting projection (fig. 16, element 244, [0201], locking projection 244) that extends in a direction parallel to a central axis of the elevating operation lever, and the fitting groove is an arc-shaped groove that is fitted to the fitting projection and is formed around the central axis. Regarding claim 5, Morimoto in view of Melito teaches The endoscope according to claim 3, Further, Morimoto teaches wherein the fitting member includes a fitting projection (fig. 16, element 244, [0201], locking projection 244) that protrudes in a radial direction orthogonal to a central axis of the elevating operation lever, and the fitting groove is a plurality of grooves (fig. 16, element 220, [0184], locking pin 220 divides the space into two groove sections) that are fitted to the fitting projection and are arranged around the central axis. Regarding claim 6, Morimoto in view of Melito teaches The endoscope according to claim 1, Further, Morimoto teaches wherein at least some components are disposable (The entire device may be disposed of according to a user’s wishes. Disposal of a device constitutes intended use and does not substantively limit the device.). 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. 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, Michael Carey can be reached at 5712707235. 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