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 1, 3-10, and 12-22 are pending, claims 2 and 11 have been cancelled, claims 21-22 have been added, and claims 1, 3-10, and 12-22 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objections and 35 USC 112 Rejections have been withdrawn in light of Applicant’s amendments.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 1, 13, and 21-22 are objected to because of the following informalities:
In claim 1, on line 8, change “working sleeve” to “working sleeve,”.
In claim 13, change “cross section” to “cross sectional”.
In claim 21, on line 8, change “working sleeve” to “working sleeve,”.
In claim 22, on line 8, change “working sleeve” to “working sleeve,”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 18 and 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 18, the claim is dependent on claim 2. Claim 2 has been cancelled. Claim 18 fails to further limit the subject matter of the claim upon which it depends due to not being dependent on a present claim.
Regarding claim 20, the claim is dependent on claim 11. Claim 11 has been cancelled. Claim 20 fails to further limit the subject matter of the claim upon which it depends due to not being dependent on a present claim. For examination purposes, claims 18 and 20 are interpreted to be dependent on claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-10, and 12-22 are rejected under 35 U.S.C. 103 as being unpatentable over Karasawa (US 5,575,756), in view of Ouyang (US 8,460,182).
Regarding claim 1, Karasawa discloses an endoscope system (figure 58) comprising: a working sleeve (441, figure 58); and an endoscope (470, figure 58) configured to be inserted into the working sleeve, wherein an outer cross section of the endoscope and an inner cross section of the working sleeve are matched to one another such that with the endoscope inserted into the working sleeve the endoscope in a first section of an outer periphery of the endoscope bears on an inner periphery of the working sleeve (projections 448, figure 59b | Col. 30, lines 45-49) and in a second section the outer periphery of the endoscope is distanced to the inner periphery of the working sleeve (depressions 449, figure 59b | Col. 30, lines 45-49), wherein a free space (451, figure 59a), which extends over the axial length of the working sleeve and which forms a second fluid channel which is open to the distal end (see 451, figures 58-59), is formed in a region between the inner periphery of the working sleeve and the second section of the outer periphery of the endoscope (see figures 58-59), wherein the distal end of the endoscope has a viewing window (475, figure 59b), wherein the endoscope has a working channel (474, figure 59b), wherein the working channel is defined inside the endoscope (see figure 59b), wherein the working channel opens towards the distal end of the endoscope (see figure 59b). Karasawa is silent regarding a first fluid channel, which is open to the distal end of the endoscope, is formed in the inside of the endoscope, wherein an opening of the first fluid channel and the free space forming the second fluid channel are located on opposite sides of the viewing window such that fluid from the first fluid channel flows into the second fluid channel via the viewing window.
Ouyang teaches a device (100, figure 1) with a distal tip (120, figure 1). The distal tip has forward facing fluid ports (1520 and 1522, figure 15) positioned lower on the distal tip such that the camera module (1540, figure 16) and the video cable (1612, figure 16) tend to force the in-flow direction fluid (see arrows in figure 16).
It would have been obvious to modify the system of Karasawa with a forward facing fluid port (1520 or 1522, figure 15) positioned lower on the distal tip as taught by Ouyang. Doing so would tend to force the inflow direction fluid toward the port (see figure 16). The modified system would have a first fluid channel (see 1520 or 1522, figure 15; Ouyang), which is open to the distal end of the endoscope (see figure 15), is formed in the inside of the endoscope (see figure 15), wherein an opening of the first fluid channel (1520 or 1522, figure 15; Ouyang) and the free space (451, figure 59b; Karasawa) forming the second fluid channel are located on opposite sides (see location of 451, figure 59a; Karasawa | see 1520 or 1522, figure 15; Ouyang) of the viewing window such that fluid from the first fluid channel flows (inflow; see arrows in figure 16; Ouyang) into the second fluid channel via the viewing window (suction means, figure 58; Karasawa).
Regarding claim 3, Karasawa and Ouyang further disclose the opening of the first fluid channel and the free space which forms the second fluid channel are situated on sides of the viewing window which are away from one another (see location of 451, figure 59a; Karasawa | see 1520 or 1522, figure 15; Ouyang | 475, figure 59b would be between the two).
Regarding claim 4, Karasawa and Ouyang further disclose at the distal end, the opening of the first fluid channel and the free space which defines the second fluid channel are arranged relative to the viewing window (see location of 451, figure 59a; Karasawa | see 1520 or 1522, figure 15; Ouyang | 475, figure 59b would be between the two) such that a fluid flow through a viewing field in front of the viewing window runs between the first and the second fluid channel (see fig. 16 of Ouyang | see suction means, figure 58 of Karasawa).
Regarding claim 5, Karasawa further discloses the working sleeve has a circular inner cross section (see 441, figure 59a and 480, figure 60 of Karasawa).
Regarding claim 6, Karasawa further discloses the endoscope in the first section of the outer periphery of the endoscope has an outer contour which is arc-shaped in cross section (see arc shape of 448, figure 59b; Karasawa).
Regarding claim 7, Karasawa further discloses the outer contour of the endoscope is flattened or is configured in an oval arc shape, in the region of the second section of the outer periphery (the depression 449, figure 59b of Karasawa | each of the depressions 449 have an oval arc shape between the projections 448).
Regarding claim 8, Karasawa further discloses the endoscope is rotatable about a longitudinal axis in the inside of the working sleeve (inserted and fixed into the sheath insertion section 441; Col. 33, lines 16-17 | the endoscope can be rotated inside of the working sleeve prior to being fixed into the sleeve).
Regarding claim 9, Karasawa and Ouyang further disclose the second fluid channel has a larger cross-sectional area than the first fluid channel (see depressions 449, figure 59b in Karasawa vs. 1520 or 1522, figure 15; Ouyang).
Regarding claim 10, Karasawa and Ouyang further disclose the first fluid channel is configured as a feed channel (1520 or 1522, figure 15; Ouyang | see inflow arrows in figure 16) and the second fluid channel is configured as a discharge channel (see suction means, figure 58; Karasawa).
Regarding claim 12, Karasawa further discloses a cross-sectional axis of the working channel and a cross-sectional axis of the viewing window lie on a straight line that runs parallel to or along the diameter of the working sleeve (see 474-475, figure 59b; Karasawa).
Regarding claim 13, Karasawa further discloses the straight line, which is defined by the cross section axes, and the outer contour in the first section of the outer periphery of the endoscope define a semicircle (the straight line with the projections 448 define a semicircle shape; figure 59b).
Regarding claim 14, Karasawa further discloses the sum of the diameter of the viewing window and the working channel is larger than 75% of the inner diameter of the working sleeve (see 474-475, figure 59b; Karasawa).
Regarding claim 15, Karasawa further discloses the endoscope comprises endoscope optics (see 475, figure 59b) which extend from the distal to the proximal end (transmitted rearwardly by an image guide; Col. 19, lines 8-10).
Regarding claim 16, Karasawa further discloses the endoscope at the distal end of the endoscope comprises at least one light exit surface (475, figure 59b; Karasawa).
Regarding claim 17, Karasawa further discloses fiber optics (see fiber optics in 470, figure 59a; Karasawa), which serve for illumination are arranged in a cross-sectional region of the endoscope which is not filled out by endoscope optics, the first fluid channel and the working channel (see 476, figure 59b) or that one or more LEDs which serve for the illumination are arranged at the distal end of the endoscope.
Regarding claim 18, Karasawa further discloses the viewing window has a circular cross section (see 475, figure 59b; Karasawa).
Regarding claim 19, Karasawa further discloses the arc-shaped outer contour has a radius of curvature which corresponds essentially to the radius of the inner periphery of the working sleeves (see 448, figure 59b; Karasawa).
Regarding claim 20, Karasawa further discloses the working channel has a circular cross section (see 474, figure 59b; Karasawa).
Regarding claim 21, Karasawa discloses an endoscope system (figure 58) comprising: a working sleeve (441, figure 58); and an endoscope (470, figure 58) configured to be movably inserted into the working sleeve, wherein an outer cross section of the endoscope and an inner cross section of the working sleeve are matched to one another such that with the endoscope movably inserted into the working sleeve the endoscope in a first section of an outer periphery of the endoscope bears on an inner periphery of the working sleeve (projections 448, figure 59b | Col. 30, lines 45-49) and in a second section the outer periphery of the endoscope is distanced to the inner periphery of the working sleeve (depressions 449, figure 59b | Col. 30, lines 45-49), wherein a free space (451, figure 59a), which extends over the axial length of the working sleeve and which forms a second fluid channel which is open to the distal end (see 451, figures 58-59), is formed in a region between the inner periphery of the working sleeve and the second section of the outer periphery of the endoscope (see figures 58-59). Karasawa is silent regarding wherein a first fluid channel, which is open to the distal end of the endoscope, is formed in the inside of the endoscope.
Ouyang teaches a device (100, figure 1) with a distal tip (120, figure 1). The distal tip has forward facing fluid ports (1520 and 1522, figure 15) positioned lower on the distal tip such that the camera module (1540, figure 16) and the video cable (1612, figure 16) tend to force the in-flow direction fluid (see arrows in figure 16).
It would have been obvious to modify the system of Karasawa with a forward facing fluid port (1520 or 1522, figure 15) positioned lower on the distal tip as taught by Ouyang. Doing so would tend to force the inflow direction fluid toward the port (see figure 16). The modified system would have wherein a first fluid channel (see 1520 or 1522, figure 15; Ouyang), which is open to the distal end of the endoscope (see figure 15), is formed in the inside of the endoscope (see figure 15).
Regarding claim 22, Karasawa discloses an endoscope system (figure 58) comprising: a working sleeve (441, figure 58); and an endoscope (470, figure 58) configured to be inserted into the working sleeve, wherein an outer cross section of the endoscope and an inner cross section of the working sleeve are matched to one another such that with the endoscope inserted into the working sleeve the endoscope in a first section of an outer periphery of the endoscope bears on an inner periphery of the working sleeve (projections 448, figure 59b | Col. 30, lines 45-49) and in a second section the outer periphery of the endoscope is distanced to the inner periphery of the working sleeve (depressions 449, figure 59b | Col. 30, lines 45-49), wherein a free space (451, figure 59a), which extends over the axial length of the working sleeve and which forms a second fluid channel which is open to the distal end (see 451, figures 58-59), is formed in a region between the inner periphery of the working sleeve and the second section of the outer periphery of the endoscope (figures 58-59), wherein the endoscope is configured to be movable relative to the working sleeve (inserted and fixed into the sheath insertion section 441; Col. 33, lines 16-17 | the endoscope can be inserted or rotated inside of the working sleeve prior to being fixed into the sleeve). Karasawa is silent regarding wherein a first fluid channel, which is open to the distal end of the endoscope, is formed in the inside of the endoscope.
Ouyang teaches a device (100, figure 1) with a distal tip (120, figure 1). The distal tip has forward facing fluid ports (1520 and 1522, figure 15) positioned lower on the distal tip such that the camera module (1540, figure 16) and the video cable (1612, figure 16) tend to force the in-flow direction fluid (see arrows in figure 16).
It would have been obvious to modify the system of Karasawa with a forward facing fluid port (1520 or 1522, figure 15) positioned lower on the distal tip as taught by Ouyang. Doing so would tend to force the inflow direction fluid toward the port (see figure 16). The modified system would have a first fluid channel (see 1520 or 1522, figure 15; Ouyang), which is open to the distal end of the endoscope (see figure 15), is formed in the inside of the endoscope (figure 15).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
May 30, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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