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 Restriction Group I, Claims 1-9, 19-20 in the reply filed on 12/17/2025 is acknowledged.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (US 20210113068 A1).
Regarding Claim 1, Shin discloses
A diagnostic instrument (endoscope 10, FIG. 1) comprising:
a proximal end (handle unit 100, FIG. 2);
a penetrating component (probe unit 200, FIG. 2); and
an attachment assembly (handle-side coupler 120 + coupler 220, FIG. 2) positioned between the proximal end and the penetrating component to allow for separation of the proximal end from the penetrating component without fully retracting the penetrating component from a body of a patient during use of the diagnostic instrument (par. 1 discloses endoscope has separable probe which is insertable into human bodies and separable from the handle).
Regarding Claim 2, Shin discloses
The diagnostic instrument of claim 1, wherein the attachment assembly comprises a first member (coupler 220, FIG. 2) connected to the penetrating component and a second member (handle-side coupler 120, FIG. 2) connected to the proximal end, said first member and said second member releasably attachable to one another (FIGS. 2, 6, par. 53 disclose coupler is releasably coupled to handle, i.e. handle-side coupler).
Regarding Claim 3, Shin discloses
The diagnostic instrument of claim 2, wherein the first member includes first attachment features (four second connectors 230, FIG. 6), and
the second member comprises second attachment features (four first connectors 130, FIG. 6),
wherein the first and second attachment features interlock when rotated relative to each other (par. 85-86 discloses upon coupling of the first and second connectors, rotation causes insertion protrusions (232 in FIG. 6) of the second connectors to get locked into cut portions (133b in FIG. 6) of the first connectors).
Regarding Claim 4, Shin discloses
The diagnostic instrument of claim 3, wherein the first attachment features comprise pins (substantially conical insertion protrusion 232, FIG. 6) with an enlarged distal end (depicted in FIG. 6) and the second attachment features comprise slots (cut portions 133b, FIG. 6) defined by the second member configured to receive the pins (par. 86 discloses cut portions receive insertion protrusions).
Regarding Claim 5, Shin discloses
The diagnostic instrument of claim 4, wherein the proximal end comprises a control lever (knob 111/112, FIG. 1) and a translating component (sprockets 170, FIG. 11) connected to the control lever (depicted in FIG. 10-11),
wherein the pins, when engaged, are actuatable by the control lever (par. 85-86 disclose insertion protrusions are moved into cut portions via rotation of the first/ second knob).
Regarding Claim 6, Shin discloses
The diagnostic instrument of claim 5, wherein the pins are engaged with the penetrating component to articulate the penetrating component (par. 86 discloses upon proper engagement of the first and second connectors, i.e. insertion protrusions and cut portions, the probe unit can be deformed).
Regarding Claim 7, Shin discloses
The diagnostic instrument of claim 1,
wherein the proximal end defines a working channel (FIG. 3, par. 46 disclose hollow internal space for each channel, i.e. working channel),
wherein the penetrating component defines a working channel (channel receivers 222, FIG. 4),
wherein the attachment assembly comprises a mating tube (channels 122/ 123), and
wherein the working channel of the proximal end is in communication with the working channel of the penetrating component through the mating tube (par. 55 discloses each of the three channels are inserted into the channel receivers, i.e. allowing communication between the channels of the handle and probe unit).
Regarding Claim 8, Shin discloses
The diagnostic instrument of claim 1, wherein the attachment assembly further comprises an electrical connection (connecting terminal 124, FIG. 3) electrically connecting the proximal end and the penetrating component (par. 47 discloses connecting terminal electrically connects the probe unit to the handle unit).
Regarding Claim 9, Shin discloses
The diagnostic instrument of claim 1, wherein the diagnostic instrument is an endoscope (depicted in FIG. 1).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kohanfars et al. (US 20230011670 A1, hereinafter Kohanfars).
Regarding Claim 19, Kohanfars discloses
A medical device assembly (rapid exchange detachable endoscope assembly 100, FIG. 1A) comprising:
a secondary device having a tube (par. 19 discloses secondary device with endotracheal tube); and
a diagnostic instrument (endoscope 100, FIG. 1A) comprising:
a proximal end (control handle 102, FIG. 1A);
a penetrating component (insertion tube 104, FIG. 1A),
the penetrating component extending at least partially through the tube of the secondary device (par. 3 discloses elongated tube, i.e. insertion tube, fits within and carries an endotracheal tube; par. 15 discloses endotracheal tube being over the insertion tube of the endoscope); and
an attachment assembly (transmission system 112, FIGS. 1A-1B) positioned between the proximal end and the penetrating component to allow for separation of the proximal end from the penetrating component without fully retracting the penetrating component from a body of a patient during use of the diagnostic instrument (par. 14 discloses detaching between control handle and insertion tube, i.e. via transmission system, during intubation of patients; par. 19-20 disclose attaching and detaching of tube from control handle is done via transmission system).
Regarding Claim 20, Kohanfars discloses
The medical device assembly of claim 19,
wherein the tube of the secondary device is an endotracheal tube (par. 19 discloses secondary device with endotracheal tube), and
wherein the diagnostic instrument is an endoscope (depicted in FIG. 1).
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
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 03/27/2026
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