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
In the present application, claims 1-18 are currently pending. Claims 1-18 have been amended and are examined below.
Claim Objections
Claim 17 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only and cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claim 17 has not been further treated on the merits.
Claim 2 is objected to because of the following informalities: the limitation “,with,” is in line 3 and should be omitted. 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 3, 10, 15, and 18 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.
Regarding Claim 3, the term “substantially” in line 3 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore it is unclear how flat the surface needs to be to meet the standard of having a “substantially” flat surface.
Claim 10 recites the limitation "the same" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 15, the term “substantially” in line 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore it is unclear how uniform the wall thickness needs to be to meet the standard of having a “substantially” uniform wall thickness.
Claim 18 recites the limitation "a valve" in line 2. However claim 1, from which claim 18 directly depends from, also introduces the term “a valve.” Therefore, it is unclear whether the term in claim 18 is introducing a new valve are simply referencing the valve of claim 1. It is suggested to amend the limitation to state, “the valve.” Appropriate correction is required.
Claim 18 recites the limitation "a medical instrument" in line 1. However claim 1, from which claim 18 directly depends from, also introduces the term “a medical instrument.” Therefore, it is unclear whether the term in claim 18 is introducing a new medical instrument are simply referencing the medical instrument of claim 1. Appropriate correction is required.
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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipate by Teppei Tsuruta (US2017/0055942) hereinafter Tsuruta.
Regarding Claim 1, Tsuruta discloses a valve (Figs. 1-7 suction button 26), in particular a suction valve (Figs. 1-7 suction button 26) , for a medical instrument (Fig. 1 endoscope 2), the valve (Figs. 1-7 suction button 26)comprising:
valve housing (Figs. 1-7 cylinder unit 261) with a cavity (Figs. 1-7 cavity within endoscope 2 housing cylinder unit 261) which extends in a longitudinal direction and into which, on a longitudinal side of the cavity (Figs. 1-7 cavity within endoscope 2 housing cylinder unit 261), a first outlet (Figs. 1-7 first communicating portion 261 c) and a second outlet (Figs. 1-7 second communicating portion 261 d) open in a manner offset from one another in the longitudinal direction; and
valve piston (Figs. 1-7 piston unit 262) which is displaceable in the cavity (Figs. 1-7 cavity within endoscope 2 housing cylinder unit 261) in the longitudinal direction between an open position (Figs. 3and 4) and a closed position (fig. 2) of the valve (Figs. 1-7 suction button 26) and which has a recess (Figs. 1-7 recess 262 c) via which, in the open position (Figs. 3and 4), the first outlet Figs. 1-7 first communicating portion 261 c) and the second outlet (Figs. 1-7 second communicating portion 261 d) are fluidically connected to one another, characterized in that wherein the valve piston (Figs. 1-7 piston unit 262) has a first seal (Figs. 1-7 O-ring 30) which surrounds the recess (Figs. 1-7 recess 262 c) all round.
Regarding Claim 2, Tsuruta discloses the valve as claimed in claim 1, wherein the valve piston (Figs. 1-7 piston unit 262) has a closure region (see annotated Fig. 2) offset in the longitudinal direction from the recess (Figs. 1-7 recess 262 c), with, in the closed position (fig. 2), the first outlet (Figs. 1-7 first communicating portion 261 c) being fluidically connected to the recess (Figs. 1-7 recess 262 c) and the second outlet being sealed by the closure region (see annotated Fig. 2) and with the valve piston (Figs. 1-7 piston unit 262) having a second seal (The annotated closure region of Fig. 2 acting as a seal because 272 is not fluidly connected to 271. [0043] “the first suction tube 271 and the second suction tube 272 do not communicate with each other, causing no suction force by the suction pump 5, on the distal end portion 201.”) which surrounds the closure region (see annotated Fig. 2) all round.
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Regarding Claim 3, Tsuruta discloses the valve as claimed in claim 1, wherein a sealing surface of the valve housing (Figs. 1-7 cylinder unit 261), with which the first seal (Figs. 1-7 O-ring 30) interacts, is a substantially flat surface (Figs. 1-7 the side of portion 261 touching O-ring 30 is flat).
Regarding Claim 4, Tsuruta discloses the valve as claimed claim 1, wherein a cross section of the cavity (Figs. 1-7 cavity within endoscope 2 housing cylinder unit 261) is substantially rectangular.
Regarding Claim 5, Tsuruta discloses the valve as claimed in claim 1, wherein the cavity (Figs. 1-7 cavity within endoscope 2 housing cylinder unit 261) is designed to narrow in a wedge shape toward the closed position (Fig. 2).
Regarding Claim 6, Tsuruta discloses the valve as claimed in claim 1, wherein the first seal (Figs. 1-7 O-ring 30) is formed in one piece ([0038] “The cylinder unit 261 is attached onto the operating unit 21 by fitting, for example. At this time, an O-ring 30 is provided between the operating unit 21 and the cylinder unit 261. With the O-ring 30, sealability and slip prevention between the operating unit 21 and the cylinder unit 261 can be maintained. The cylinder unit 261 may be fixed with a screw or adhesive such as sealant, other than fitting.”) with the valve piston (Figs. 1-7 piston unit 262).
Regarding Claim 7, Tsuruta discloses the valve as claimed in claim 2, wherein the second seal (The annotated closure region of Fig. 2 acting as a seal because 272 is not fluidly connected to 271. [0043] “the first suction tube 271 and the second suction tube 272 do not communicate with each other, causing no suction force by the suction pump 5, on the distal end portion 201.”) is formed in one piece with the valve piston (Figs. 1-7 piston unit 262).
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Regarding Claim 8, Tsuruta discloses the valve as claimed in claim 1, wherein the first seal(Figs. 1-7 O-ring 30) is designed as a sealing lip, which has a semicircular, a V-shaped, or a wedge-shaped cross-sectional profile, or as a surface seal.
Regarding Claim 9, Tsuruta discloses the valve as claimed in claim 2, wherein the second seal (The annotated closure region of Fig. 2 acting as a seal because 272 is not fluidly connected to 271. [0043] “the first suction tube 271 and the second suction tube 272 do not communicate with each other, causing no suction force by the suction pump 5, on the distal end portion 201.”) is designed as a sealing lip, which has a semicircular, a V-shaped, or a wedge-shaped cross-sectional profile, or as a surface seal.
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Regarding Claim 10, Tsuruta discloses the valve as claimed in claim 2, wherein the second seal (The annotated closure region of Fig. 2 acting as a seal because 272 is not fluidly connected to 271. [0043] “the first suction tube 271 and the second suction tube 272 do not communicate with each other, causing no suction force by the suction pump 5, on the distal end portion 201.”) is designed with the same cross-sectional profile as the first seal (Figs. 1-7 O-ring 30).
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Regarding Claim 11, Tsuruta discloses the valve as claimed in claim 1, further including a counterholder (see annotated Fig. 2), the counterholder (see annotated Fig. 2) arranged on an opposite side of the valve piston (Figs. 1-7 piston unit 262) to the first seal (Figs. 1-7 O-ring 30).
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Regarding Claim 12, Tsuruta discloses the valve as claimed in claim 2, wherein the counterholder (see annotated Fig. 2) is arranged opposite to the first seal (Figs. 1-7 O-ring 30) and the second seal (The annotated closure region of Fig. 2 acting as a seal because 272 is not fluidly connected to 271. [0043] “the first suction tube 271 and the second suction tube 272 do not communicate with each other, causing no suction force by the suction pump 5, on the distal end portion 201.”) .
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Regarding Claim 13, Tsuruta discloses the valve as claimed in claim 11, wherein the counterholder (see annotated Fig. 2) comprises at least one counterholder element which has a semicircular, a V-shaped, or a wedge-shaped cross-sectional profile or is designed as a flat elevation(see annotated Fig. 2).
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Regarding Claim 14, Tsuruta discloses the valve as claimed in claim 11, wherein the counterholder (see annotated Fig. 2) is formed in one piece with the valve piston (Figs. 1-7 piston unit 262).
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Regarding Claim 15, Tsuruta discloses the valve as claimed in claim 1, wherein the valve piston (Figs. 1-7 piston unit 262) has a substantially uniform wall thickness.
Regarding Claim 16, Tsuruta discloses the valve as claimed in claim 1, wherein the valve piston (Figs. 1-7 piston unit 262) has one or more reinforcing ribs (Fig.2 near reference numeral 262c).
Regarding Claim 17, Tsuruta discloses the valve as claimed in any of the preceding claims, wherein at least one end face of the valve piston (Figs. 1-7 piston unit 262) has a rounded-off form.
Regarding Claim 18, Tsuruta discloses a medical instrument (Fig. 1 endoscope 2), in particular a medical endoscope or medical endoscopic instrument, having a valve as claimed in claim 1 (see above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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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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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
