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 Arguments
Regarding Applicant’s Pre–Appeal arguments. Examiner made an administrative error regarding the Harris prior art US PGPub number. Instead, the prior art US PGPub number is 20220192478 A1. This has been changed in the rejection below.
Prior art Ishibiki addresses Applicant’s other arguments.
Please see the rejection below for further detail.
Drawings
The drawings were received on 01/19/2026. These drawings are acceptable.
Specification
The amendment to the specification received on 01/19/2026 overcomes the objection.
Appropriate correction is required.
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.
Claims 29–34 are 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. Claim 29 includes a second valve in the limitation. There is no mention of a second valve in the Specification nor does there appear to be a figure that may disclose the limitations related to the second valve. As a result, claim 29 fails to point out the claimed subject matter. Claims 30–34 depend from claim 29 and are thus, also rejected.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 6, 11–12, 14 and 21–28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (US PGPub 20220192478 A1) in view of Ishibiki (JP 2002017657 A).
Regarding Claim 1, Harris discloses a tubing assembly for connecting to a fluid line of an endoscope (100) and a fluid source (270), the tubing assembly comprising: an elongate tube (100a), the elongate tube (100a) having a lumen (546); a connector (290) coupled to an end of the elongate tube (100a), the connector (290) having a fluid port (Fig. 6, where the fluid port is the larger port opposite element 585) in fluid communication with the lumen (546); and a fluid control component (585) configured to selectively adjust fluid flow through the lumen (546) and the fluid port but does not disclose the fluid control component comprises a valve that is biased to a closed position.
Ishibiki teaches the fluid control component comprises a valve (91) that is biased to a closed position (Para. 129) in order to easily de-attach the endoscope so that it can be sterilized without breaking any components (Para. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connector of Harris with a valve as taught by Ishibiki in order to allow easy removal and repair of the endoscope.
Per the Harris–Ishibiki combination, Ishibiki's valve 91 is located at Harris’ 290.
The Harris–Ishibiki combination teaches the valve (Ishibiki 91) configured to selectively adjust the fluid flow (where the adjustment is from zero flow to flow) through the lumen (Harris 546) and the fluid port (Harris Fig. 6, where the fluid port is the larger port opposite element 585); and wherein the valve (Ishibiki 91) is configured to adjust from the closed position (Ishibiki Para. 129) to an opened position (Ishibiki Para. 128) in response to coupling the connector (Harris 290) with a fitting (Harris 700) of the endoscope (Harris 100).
Regarding Claim 4, the Harris–Ishibiki combination teaches a cover (Harris 280) configured to couple to the fluid source (Harris 285); and wherein the valve (Ishibiki 91) is in fluid communication with the fluid source (Harris 285) through the cover (Harris 280) and the valve (Ishibiki 91) is configured to be selectively actuated from a location exterior of the fluid source (Harris 285).
Regarding Claim 6, the Harris–Ishibiki combination teaches the valve (Ishibiki 91) is in the fluid port (Harris Fig. 6, where the fluid port is the larger port opposite element 585) and is configured to be actuated to the opened position (Ishibiki Para. 128) in response to the fluid port coupling with an umbilicus (Harris 260) of
Regarding Claim 11, the Harris–Ishibiki combination teaches the lumen is a first lumen (Harris 240c) and the elongate tube comprises a second lumen (Harris 245c) in addition to the first lumen (Harris 240c); the first lumen (Harris 240c) and the second lumen (Harris 245c) are coaxial (Harris Para. 57); and the fluid control component (Harris 585) is configured to selectively adjust fluid flow (where the adjustment is from zero flow to flow) through the first lumen (Harris 240c), the second lumen(Harris 240c), and the fluid port (Harris Fig. 6, where the fluid port is the larger port opposite element 585).
Regarding Claim 12, Harris discloses a tubing assembly for connecting to a fluid line of an endoscope (100) and a fluid source (285), the tubing assembly comprising: an elongate tube (100a), the elongate tube (100a) having a lumen (546); a connector (290) coupled to an end of the elongate tube (100a), the connector (290) in fluid communication with the lumen (546); a fluid port (Fig. 6, where the fluid port is the larger port opposite element 585) in fluid communication with the lumen (546), the fluid port (Fig. 6, where the fluid port is the larger port opposite element 585) is configured to couple to the fluid line of the endoscope (100), Fig. 2 but does not disclose the fluid control component comprises a valve that is biased to a closed position.
Ishibiki teaches the fluid control component comprises a valve (91) that is biased to a closed position (Para. 129) in order to easily de-attach the endoscope so that it can be sterilized without breaking any components (Para. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connector of Harris with a valve as taught by Ishibiki in order to allow easy removal and repair of the endoscope.
Per the Harris–Ishibiki combination, Ishibiki's valve 91 is located at Harris’ 290.
The Harris–Ishibiki combination teaches a valve (Ishibiki 91) at the connector (Harris 290) and in fluid communication with the lumen (Harris 546), the valve is configured to adjust between a closed position (Ishibiki Para. 129) at which fluid through the valve (Ishibiki 91) is blocked and an opened position (Ishibiki Para. 128) at which fluid flows through the valve (Ishibiki 91), wherein the valve (Ishibiki 91) is biased to the closed position (Ishibiki Para. 129); and wherein the valve (Ishibiki 91) is configured to adjust from the closed position (Ishibiki Para. 129) to the opened position (Ishibiki Para. 128) in response to coupling the connector (Harris 290) with a fitting (Harris 700) that is in fluid communication with the endoscope (Harris 100).
Regarding Claim 14, the Harris–Ishibiki combination teaches the valve (Ishibiki 91) is configured to fluidly connect the fluid line of the endoscope (Harris 100) to the lumen (Harris 546) when the valve (Ishibiki 91) is adjusted from the closed position (Ishibiki Para. 129) to the opened position (Ishibiki Para. 128).
Regarding Claims 21 and 25, the Harris–Ishibiki combination teaches the valve (Ishibiki 91) is positioned in the fluid port (Harris Fig. 6, where the fluid port is the larger port opposite element 585).
Regarding Claims 22 and 26, the Harris–Ishibiki combination teaches the fitting (Harris 700) comprises a fitting port, wherein in response to coupling the connector (Harris 290) with the fitting of the endoscope (Harris 100), the fitting port engages the fluid port (Harris Fig. 6, where the fluid port is the larger port opposite element 585) and adjusts the valve from the closed position (Ishibiki Para. 129) to the opened position (Ishibiki Para. 128).
Regarding Claims 23 and 27, the Harris–Ishibiki combination teaches the valve (Ishibiki 91) is configured to resiliently adjust from the closed position to the open position (Ishibiki Para. 128) in response to engagement with the fitting port and resiliently adjust back to the closed position (Ishibiki Para. 129) in response to disengagement from the fitting port.
Regarding Claims 24 and 28, the Harris–Ishibiki combination teaches the valve (Ishibiki 91) is formed from an elastomeric material (Ishibiki Para. 80).
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 Angelisa L. Hicks whose telephone number is 571-272-9552 and email is Angelisa.Hicks@USPTO.gov. The examiner can normally be reached Monday-Friday (9:30AM-5:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Angelisa L. Hicks/
Primary Examiner
Art Unit 3753
Prosecution Insights