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 Invention I, claims 1-16, and Species C, Fig.6, in the response of 24 November, 2026 is acknowledged. Applicant avers claims 4 and 17-20 should be withdrawn as being drawn to nonelected inventions and species. Claims 4 and 17-20 are withdrawn, and claims 1-3 and 5-16 are examined.
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 1-3 and 5-16 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 pre-AIA the applicant regards as the invention.
In regards to claims 1 and 13, the claims read “a first container configured to contain a fluid” [claim 1 line 3, claim 13 line 3] and “a second container configured to contain a fluid” [claim 1 line 12, claim 13 line 12]. Here, it is unclear if the second instance of “a fluid” is the same as the first instance of “a fluid” in each claim. Therefore, the claims are unclear. For the purposes of prosecution, it will be assumed that these instances are the same.
In regards to claim 10, the claim reads “the first water supply line” [line 2]. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed this is the same as “a first water supply tube” of claim 1.
Allowable Subject Matter
Claims 1-3 and 5-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach, among other features, a fluid handling system configured to be coupled to an endoscope for use in an endoscopic procedure, the fluid handling system comprising:
first and second containers, first and second water supply tubes, and a gas supply tube,
the first and second containers configured to contain a fluid,
the first container having a port in fluid communication with a bottom portion of the first container,
the second container having a second fluid inlet,
the first and second water supply tubes each having both first and second ends, and respectively having first and second lumens extending therethrough,
the first lumen in fluid communication with the first container, the second lumen in selective fluid communication with a bottom portion of the second container,
a branched connector in-line with the first water supply tube between its first and second ends, the branched connector including a first fluid inlet, and first and second fluid outlets, part of the first lumen extending between the first fluid inlet and the first fluid outlet, the second fluid outlet in selective fluid communication with the second fluid inlet of the second container,
the gas supply tube having first and second ends, and a third lumen extending therethrough, the third lumen in fluid communication with the second container.
Kimura (US 4,402,310) discloses a fluid handling system configured to couple to an endoscope for use in an endoscopic procedure, with first and second containers configured to contain a fluid, a water supply tube and a gas supply tube extending respectively from the first and second containers.
Takahashi et al. (US 6,309,347) discloses a fluid handling system configured to couple to an endoscope for use in an endoscopic procedure, with a container configured to contain a fluid, a water supply tubes and a gas supply tube, the water supply tube having a branched connector in-line therein with one inlet and multiple outlets, the water supply tube and gas supply tube in fluid communication with the container, in-line valves providing selective fluid communication between the air and water supply tubes and the fluid container.
Maurice (US 2012/0088974) discloses a fluid handling system configured to couple to an endoscope for use in an endoscopic procedure, with a container configured to contain a fluid, and a water supply tube and a gas supply tube in fluid communication with the container.
Morishima (US 2019/0046008) discloses a fluid handling system configured to couple to an endoscope for use in an endoscopic procedure, with an endoscope with first and second containers configured to contain a fluid, a branched water supply tube in fluid communication with the first container and selective fluid communication with the second container, and a gas supply tube in fluid communication with the second container.
There is no reason or suggestion provided in the prior art to modify the above prior art to teach the limitations as claimed above, and the only reason to modify the references would be based on Applicant's disclosure, which is impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kimura (US 4,402,310)
Takahashi et al. (US 6,309,347)
Maurice (US 2012/0088974)
Morishima (US 2019/0046008)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-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 (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795
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