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 .
Status of Claims
Claims 21-40 are pending and currently under consideration for patentability under 37 CFR 1.104
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/22/2023, 03/25/2024, 04/15/2025, and 11/26/2025 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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)(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) 21-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leong et al. (U.S. 2019/0350440).
With respect to claim 21, Leong et al. teaches a handle of a medical scope (FIG. 1 for example), the handle comprising:
a handle body (200) having a wall (232)that includes:
a first side defining a first surface interior to the handle body and facing a first direction, the first surface defining at least part of a first chamber (FIG. 2B);
a second side, opposite the first side, and defining a second surface interior to the handle and facing a second direction, opposite the first direction (FIG. 2B),
the second surface defining at least a part of a second chamber, wherein the first surface and the second surface are on opposite sides of a portion of the wall shared by the first chamber and the second chamber (FIG. 2B); and
an exterior surface configured for contact by a user of the handle (216);
wherein the handle body is a one-piece component (FIG. 2A,B).
With respect to claim 22, Leong et al. teaches the first surface is on a first side of a longitudinal axis of the handle body, and the second surface is on a second side of the longitudinal axis (FIG. 2B).
With respect to claim 23, Leong et al. teaches the first side includes an indentation configured to secure a port to the handle body (area of data port 205, FIG. 2B).
With respect to claim 24, Leong et al. teaches a cover (202) at least partially enclosing the first chamber, wherein the cover includes a mating portion, and wherein the mating portion is shaped complementarily to the port (FIG. 2C).
With respect to claim 25, Leong et al. teaches an interior surface of the cover includes at least one protrusion configured to secure at least one component disposed within the first chamber of the handle (FIG. 2C).
With respect to claim 26, Leong et al. teaches the cover is configured to be secured to the handle body by at least one fastener (para [0029]).
With respect to claim 27, Leong et al. teaches the second chamber includes a slot configured to receive a button (area of 114, FIG. 2B).
With respect to claim 28, Leong et al. teaches the first chamber includes a first recess (area of 236) configured to receive a first steering component (204).
With respect to claim 29, Leong et al. teaches the first recess includes a second recess (236), wherein the second recess includes a straightened edge and a rounded edge,
and wherein the second recess is configured to constrain rotational movement (para [0073], FIG. 2B) of a second steering component (112).
With respect to claim 30, Leong et al. teaches the second recess further includes at least one hole configured to secure the second steering component within the second recess (para [0073], FIG. 2B).
With respect to claim 31, Leong et al. teaches the second chamber of the handle body includes a neck portion having a first ridge and a first groove (area of 205, FIG. 2B).
With respect to claim 32, Leong et al. teaches the first ridge of the handle body is received by a groove of an umbilicus, and wherein the first groove of the handle body receives a ridge of the umbilicus (205, FIG. 2B).
With respect to claim 33, Leong et al. teaches cover (202) at least partially enclosing the second chamber, wherein the cover includes a second ridge and a second groove, wherein, with the cover fixed to the handle body, the second ridge is received by the groove of the umbilicus, and wherein the second groove of the cover receives the ridge of the umbilicus (FIG. 2B,C).
With respect to claim 34, Leong et al. teaches the cover includes at least one protrusion configured to secure at least one component disposed within the second chamber of the handle (para [0029]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 35 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10 and 15 of U.S. Patent No. 11,857,161. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 9 and 10 from U.S. 11,857,161
Currently pending claim 35
A handle of an endoscope, the handle comprising:
a main body portion defining a first chamber and a second chamber and being a one-piece, integral molded component,
wherein the first chamber is open on one side of a longitudinal axis of the main body portion, and wherein the second chamber is open on a second, opposite side of the longitudinal axis of the main body portion, and wherein a first side of a wall of the main body portion includes a first interior surface facing a first direction and defining at least part of the first chamber, a second side of the wall incudes a second interior surface facing a second direction opposite the first direction and defining at least part of the second chamber, and an exterior surface of the main body portion is configured for contact by a user of the handle, wherein the first interior surface and the second interior surface are on opposite sides of a portion of the wall shared by the first chamber and the second chamber, the shared portion of the wall being completely interior to the body portion;
a component of a steering assembly disposed in the first chamber;
at least one of a fluidic component or an electronic component disposed in the second chamber;
a first cover over the first chamber; and
a second cover over the second chamber
wherein the first chamber includes a first feature configured to support the component of the steering assembly, and wherein the second chamber includes a second feature configured to support the at least one of the fluidic component or the electronic component.
A handle of a medical scope, the handle comprising:
a main body portion defining a first chamber and a second chamber, wherein the main body portion is a one-piece, integral molded component;
wherein: the first chamber is on one side of a longitudinal axis of the main body portion,
the second chamber is on a second, opposite side of the longitudinal axis of the main body portion,
a first side of a wall of the main body portion includes a first surface facing a first direction and defines at least part of the first chamber,
a second side of the wall incudes a second surface facing a second direction opposite the first direction and defines at least part of the second chamber,
the first surface and the second surface are on opposite sides of a portion of the wall shared by the first chamber and the second chamber, the shared portion of the wall being completely interior to the main body portion.
a first steering component disposed in a recess of the first chamber;
a fluidic component or an electronic component disposed in the second chamber, wherein the second chamber includes at least one protrusion configured to secure the fluidic component or the electronic component disposed within the second chamber;
a first cover fixed to the main body portion and extending at least partially over the first chamber; and
a second cover fixed to the main body portion and extending at least partially over the second chamber,
(it is noted that Examiner moved the location of the wherein clause of pending claim 35 so that the language could be more easily compared to claims 9/10 of US 11,857,161).
Claim 15 from U.S. 11,857,161
Currently pending claim 39
A handle of an endoscope, the handle comprising:
a body portion that includes:
an exterior surface configured for contact by a user of the handle,
a first wall having a first side including a first interior surface
facing a first direction and defining at least part of a first chamber configured to receive at least one steering component of a steering assembly, wherein the first chamber defines a recessed portion; and
the first wall having a second side including a second interior surface facing a second direction opposite the first direction and defining at least part of a second chamber configured to receive at least one of a fluidic component and an electronic component, wherein the first interior surface and the second interior surface are on opposite sides of a portion of the first wall shared by the first chamber and the second chamber, the shared portion of the first wall being completely interior to the body portion;
wherein the first interior surface and the second interior surface are on opposite sides of a longitudinal axis of the body portion, and wherein the body portion is a one- piece, integral molded component;
and
wherein the second chamber includes a negative of the recessed portion of the first chamber, wherein the recessed portion of the first chamber defines a first recessed portion and a second recessed portion, wherein the second recessed portion is recessed from the first recessed portion, wherein the at least one steerinq component includes an axle, wherein the second recessed portion receives the axle and constrains rotational movement of a base of the axle.
A handle of an medical scope, the handle comprising:
a body portion that includes:
an exterior surface configured for contact by a user of the handle; and
a wall, wherein the wall has a first side surface and a second side surface,
wherein the second side surface is on an opposite side of a shared portion of the wall from the first side surface, wherein:
the first side surface faces a first direction and defines at least part of a first chamber configured to receive a steering component, wherein the first chamber defines a recessed portion configured to constrain rotational movement of the steering component; and
the second side surface faces a second direction and defines at least part of a second chamber configured to receive a fluidic component or an electronic component, wherein the first direction is opposite the second direction;
wherein the body portion is a one-piece, integral molded component;
and
wherein the second chamber includes a negative of the recessed portion of the first chamber.
Allowable Subject Matter
Claims 36-38 and 40 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST.
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/ALEXANDRA L NEWTON/ Primary Examiner, Art Unit 3799