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 Group I, Claims 15-17 and 20-21, in the response of 8 October, 2025 is acknowledged. Claims 18-19 and 22-29 are withdrawn, and Claims 15-17 and 20-21 are examined.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Accordingly, the benefit of foreign priority under 35 U.S.C. 119(a)-(d) is obtained.
Claim Objections
Claims 15 and 20-21 are objected to because of the following informalities:
In claims 15 and 20-21, the claims do not provide indentation where new items are provided. Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). See MPEP 6.08.01 (m).
Appropriate correction is required.
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.
Claims 15-17 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yahagi et al. (US 2019/0125170) in view of Cullen (US 2011/0265801)
In regards to claim 15, Yahagi discloses a device [1, Fig.1, para.61] for supporting probe and/or endoscope parts of medical devices introduced through the mouth of a patient, said device comprising:
a first channel part [3b, Fig.2, para.61] adapted for fitting into the lumen of a bite block [MP, Fig.2, para.62] for probe and endoscope equipment;
a second channel part [3a, Fig.2, para.61] with a displaceable wall section [7a, Fig.3, para.71] and a fixed wall section [Fixed portion of external envelope of 3a, Fig.3], the displaceable wall section adapted for moving between a first retracted position to a second extended position [para.71], relative to said fixed wall section; and
a mechanism [13, Fig.3, para.71] adapted for displacing said displaceable wall section between its first retracted position and second extended position;
wherein said second channel part, when said displaceable wall section is in its second extended position, is adapted to prevent a probe and/or endoscope part from being moved through said second channel part while still allowing for rotational motion of said probe and/or endoscope part about a longitudinal axis of said probe and/or endoscope part [para.82].
However, Yahagi does not positively disclose wherein said mechanism comprises a motor unit operably connected to said displaceable wall section.
Cullen teaches that mechanisms associated with a bite block may be motorized with a motor [61, Fig.5, para.61] operably connected to an item to be displaced.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the mechanism of Yahagi to be motorized in accordance with the teaching of Cullen. This would be done for the predictable result of ease of use of the device. This would create a device where the mechanism comprises a motor unit operably connected to said displaceable wall section, as the displaceable wall section is the part operated by the mechanism.
In regards to claim 16, Yahagi in view of Cullen teaches the device according to claim 15, further comprising a roller [10, Figs.3-4, para.82] at least partly positioned within said second channel part and adapted for rollably supporting probe and/or endoscope parts of medical devices positioned within said second channel part.
In regards to claim 20, Yahagi in view of Cullen teaches the device according to claim 15, further comprising a roller [10, Figs.3-4, para.82] at least partly positioned within said second channel part and adapted for rollably supporting probe and/or endoscope parts of medical devices positioned within said second channel part;
wherein said roller at least partly positioned within said second channel part comprises a pair of cylindrical tubes or rods [10, Fig.3, para.82] extending along the length of said second channel part.
In regards to 15, 17 and 21, in an alternative interpretation, Yahagi discloses a device [1, Fig.1, para.61] for supporting probe and/or endoscope parts of medical devices introduced through the mouth of a patient, said device comprising:
a first channel part [3b and distal portion of 3a distal to at least parts of 13, Figs.2a, 4, para.61] adapted for fitting into the lumen of a bite block [MP, Fig.2, para.62] for probe and endoscope equipment;
a second channel part [3a, Fig.2, para.61: note that the applicant has not set forth the relation of the first channel part to the second channel part in the claims] with a displaceable wall section [7a, Fig.3, para.71] and a fixed wall section [Fixed portion of external envelope of 3a, Fig.3], the displaceable wall section adapted for moving between a first retracted position to a second extended position [para.71], relative to said fixed wall section; and
a mechanism [13, Fig.3, para.71] adapted for displacing said displaceable wall section between its first retracted position and second extended position;
wherein said second channel part, when said displaceable wall section is in its second extended position, is adapted to prevent a probe and/or endoscope part from being moved through said second channel part while still allowing for rotational motion of said probe and/or endoscope part about a longitudinal axis of said probe and/or endoscope part [para.82], and
(claim 17) further comprising a roller [10, Figs.3-4, para.82] at least partly positioned within said first channel part and adapted for rollably supporting probe and/or endoscope parts of medical devices positioned within said first channel part, OR
(claim 21) further comprising a roller or ball bearing at least partly positioned within said first channel part [10, Figs.3-4, para.82] and adapted for rollably supporting probe and/or endoscope parts of medical devices positioned within said first channel part;
wherein said roller or ball bearing at least partly positioned within said first channel part [Fig.4] comprises a pair of cylindrical tubes or rods extending along the length of said first channel part [Fig.4].
However, Yahagi does not positively disclose wherein said mechanism comprises a motor unit operably connected to said displaceable wall section.
Cullen teaches that mechanisms associated with a bite block may be motorized with a motor [61, Fig.5, para.61] operably connected to an item to be displaced.
Therefore, it would have been obvious to one having ordinary skill in the art to modify the mechanism of Yahagi to be motorized in accordance with the teaching of Cullen. This would be done for the predictable result of ease of use of the device. This would create a device where the mechanism comprises a motor unit operably connected to said displaceable wall section, as the displaceable wall section is the part operated by the mechanism.
Conclusion
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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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795