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 § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Harada
(WO2019146329).
Regarding claim 1, Harada discloses an endoscope comprising: a bending operating member
(angle knobs 64 for bending the bendable part 52 vertically and laterally [translation page 4, paragraph 9]) and an elevator operation lever attached to a body part of an operating part (Fig. 25 and 27: elevator operation lever comprises moveable member 96, mounting member 98, beam portion 160, leg portion 164 and shaft portion 168 attached to operation unit 22), the elevator operation lever being operated to displace an elevation angle of a treatment tool elevator for elevating a treatment tool provided in a distal end of an insertion part (Fig. 28: wire 60 is connected to the moveable member 96 and mounting member 98 at the proximal end of wire 60; Fig. 19: distal end of wire 60 connects to elevator 30 at engaging portion 100 [translation page 7, paragraph 8]; movable member 96 operates between the distal end portion P2 and the proximal end portion P4, which pushes and pulls wire 60 to rotate the elevator 30 [translation page 12, paragraph 4]), wherein the elevator operation lever includes a finger hook part inside which a rotational movement regulating member is provided (Fig. 27: elevator operation lever includes beam portion 160, analogous to applicant’s finger hook part, inside which mounting member 98, analogous to applicant’s rotational movement regulating member, is provided),
rotational movement of the elevator operation lever is regulated by bringing the rotational movement
regulating member and an outer peripheral surface of the body part of the operating part into contact
with each other (Fig. 24 & 25: rotational movement of the elevator operation lever is regulated by the
mounting member 98 by bringing the mounting member 98 to contact an outer peripheral surface of
the operating part, as seen in Fig. 25, wherein the mounting member 98 is placed in position P6 to allow the attachment/detachment of the engaging portion 100, which regulates the movement of the elevator 30), and the rotational movement regulating member protrudes toward the outer peripheral surface on both sides in a width direction inside the finger hook part (Fig. 24: mounting member 98 comprises three-dimensional shape that protrudes toward the outer peripheral surface of the operation unit 22 in both the forward and backward direction such as when in position P4 and P2, when mounting member 98 is within beam portion 160).
Regarding claim 2, Harada discloses the endoscope according to claim 1, further disclosing
wherein a range of rotational movement of the treatment tool elevator is changed in accordance with a
range of the rotational movement of the elevator operation lever (elevator 30 rotates between the
elevated and fallen position in accordance to the position of the moveable member 96 between the
distal end position P2 and the proximal end position P4 [translation page 12, paragraph 4]).
Regarding claim 3, Harada discloses the endoscope according to claim 1, further disclosing
wherein, by changing a position or a shape of the rotational movement regulating member, a range of
rotational movement of the treatment tool elevator is changed (if the position or shape of the mounting member 98 were changed, such as to be thicker or taller, a range of rotational movement of the treatment tool elevator would be changed).
Regarding claim 4, Harada discloses the endoscope according to claim 1, further disclosing
wherein, by changing a height in a direction perpendicular to an installation surface or a width in a
direction horizontal to the installation surface of the rotational movement regulating member, a range
of rotational movement of the treatment tool elevator is changed (Annotated Fig. 24: if a height in a
direction perpendicular to an installation surface of the rotational movement regulating member/mounting member 98 were changed to be taller or shorter, or a width in a direction horizontal to the installation surface of the rotational movement regulating member/mounting member 98 were changed to be wider or narrower, a range of rotational movement of the treatment tool elevator would change, as the height or width change of the installation surface would change the angle at which the edge of the installation surface may abut the outer peripheral surface of the operating part).
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Allowable Subject Matter
Claims 5 and 6 are objected to as being dependent upon a rejected base claim, but would be
allowable if rewritten in independent form including all of the limitations of the base claim and any
intervening claims. Claims 5 and 6 were previously indicated as containing allowable subject matter in a previous Office Action filed September 15, 2025. The reasons for indicating claims 5 and 6 has containing allowable subject matter may be found in the previous Office Action filed September 15, 2025.
Response to Arguments
Applicant's arguments filed December 12, 2025 have been fully considered but they are not persuasive. Applicant has stated that prior art Harata does not disclose the feature “rotational movement of the elevator operation lever is regulated by bringing the rotational movement regulating member and an outer peripheral surface of the body part of the operating part into contact with each other” recited in currently presently claim 1, citing paragraph [0097] and [0061] of Harata to argue that the mounting member 98 does not contact the housing portion 102. The examiner agrees that the mounting member 98 does not directly contact the housing portion 102, but has cited Fig. 25, showing the mounting member 98 is in position P6 as the point in which the mounting member 98 comes into contact with the exterior of the inlet 94, which forms part of the outer peripheral surface of the body part of the operating part. Applicant appears to have annotated Fig. 25 of Harata in page 6 of the Arguments and Remarks filed 12/12/2025 to demonstrate what the examiner has cited as contact between the mounting member 98 and the exterior of inlet 94.
Applicant argues that in Harata’s Fig. 32, the mounting member 98 does not come into contact with the inlet 94, which the examiner agrees – that the mounting member 98 does not appear to come into contact with inlet 94 in position P5 - but the basis of the 102(a)(1) rejection of claim 1 was citing Fig. 25 of Harata and position P6, not Fig. 32 and position P5.
For the reasons stated above, the arguments were found not persuasive.
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 LI-TING SONG whose telephone number is (571)272-5771. The examiner can normally be reached 8-5.
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, 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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/LI-TING SONG/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
01/12/2026