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
Amendments to claims 1, 3 of 12/9/2025 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 § 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) s 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto (US 20160089003 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.
Regarding claim 2, Morimoto teaches The endoscope according to claim 1,
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 teaches The endoscope according to claim 1,
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 teaches The endoscope according to claim 3,
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 teaches The endoscope according to claim 3,
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 teaches The endoscope according to claim 1,
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
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 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