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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 28, 2024 is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over HIRAOKA Pub. No.: US 2019/0239739 A1 (Hereinafter “HIRAOKA”) in view of OHKI Pub. No.: US 2018/0185045 A1 (Hereinafter “OHKI”).
Regarding Claim 1, HIRAOKA discloses a distal end portion for use with an endoscope (see abstract), the distal end portion comprising:
a distal end body having an insertion hole, the insertion hole configured to accept a treatment tool inserted therethrough (see fig.2 and paragraph [0046]);
a shaft rotatably disposed relative to the distal end body (see figs.4-5 and paragraph [0081]); and
a raising base configured to rotate with the shaft (see paragraph [0074]), and the raising base (see fig. 3) comprising;
a shaft hole having an interior configured to be engaged with an exterior of the shaft (see figs.4-5 and paragraphs [0082-0084]); and
a treatment tool guiding surface configured to abut against the treatment tool to adjust a direction in which the treatment tool protrudes (see paragraph [0048]), the treatment tool guiding surface provided on at least a proximal end side of the raising base (see paragraph [0048]), wherein the interior of the shaft hole comprises a first surface configured to abut against a corresponding portion of the exterior of the shaft, the first surface is positioned at a shortest distance from the treatment tool guiding surface relative to other portions of the interior of the shaft hole (see paragraphs [0082-0084]),
HIRAOKA fails to disclose:
a raising base configured to rotate with the shaft and be movable between a raised state where the raising base has been raised relative to a longitudinal direction of the distal end body and a laid state where the raising base has been laid relative to the longitudinal direction;
the treatment tool guiding surface is configured to intersect the longitudinal direction in the laid state.
In analogous art, OHKI teaches:
a raising base configured to rotate with the shaft and be movable between a raised state where the raising base has been raised relative to a longitudinal direction of the distal end body and a laid state where the raising base has been laid relative to the longitudinal direction (see paragraphs [0018] and [0090]);
the treatment tool guiding surface is configured to intersect the longitudinal direction in the laid state (see paragraph [0020]).
Therefore, it would have been obvious to one ordinary skill in the art before the
effective filing date of the claimed invention to modify the distal end portion of HIRAOKA
with the teaching as taught by OHKI in order to provide an endoscope and a treatment tool-standing mechanism that allows a distal-end-portion body to be reduced in size while ensuring good operability of a standing base.
Regarding Claim 2, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. OHKI further teaches wherein when the raising base is in the laid state, the treatment tool guiding surface extends in a direction in which the insertion hole extends (see paragraphs [0073] and [0083]).
Regarding Claim 3, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. OHKI further teaches wherein a cross section of the treatment tool guiding surface has a linear shape, the cross section being orthogonal to the longitudinal direction of the distal end body (see paragraphs [0103] and [0124]).
Regarding Claim 4, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 3. HIRAOKA further teaches wherein the interior of the shaft hole further having a second surface configured to abut against another corresponding surface of the exterior of the shaft, and the first surface and the second surface are at an acute angle relative to each other (see paragraph [0043]).
Regarding Claim 5, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 4. OHKI further teaches wherein the raising base further comprising a screw hole communicating with the shaft hole, and the distal end portion further comprising a screw inserted into the screw hole for biasing the shaft against the first surface and the second surface (see fig. 4 and paragraph [0086]).
Regarding Claim 6, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. OHKI further teaches wherein the shaft hole is a through hole (see fig. 4 and paragraph [0082]).
Regarding Claim 7, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. OHKI further teaches wherein the shaft hole is a blind hole (see paragraph [0077]).
Regarding Claim 8, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. OHKI further teaches wherein a cross section of the treatment tool guiding surface has a curved shape, the cross section being orthogonal to the longitudinal direction of the distal end body (see paragraph [0091]).
Regarding Claim 9, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 8. HIRAOKA further teaches wherein the interior of the shaft hole further having a second surface configured to abut against another corresponding portion of the exterior of the shaft, and the first surface and the second surface are at an acute angle relative to each other (see paragraph [0043]).
Regarding Claim 10, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 9. OHKI further teaches wherein the raising base further comprising a screw hole communicating with the shaft hole, and the distal end portion further comprising a screw for biasing the shaft against the first surface and the second surface (see fig. 4 and paragraph [0086]).
Regarding Claim 11, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 8. OHKI further teaches wherein the raising base has a third surface on a periphery of the treatment tool guiding surface (see paragraph [0070]).
Regarding Claim 12, HIRAOKA in view of OHKI teach the distal end portion as discussed in the rejection of claim 1. HIRAOKA further teaches an ultrasound probe positioned distally relative to the raising base (see paragraph [0031]).
Regarding Claim 13, the claim is being analyzed with respect to the rejection of claim 1.
Regarding Claim 14, the claim is being analyzed with respect to the rejection of claim 2.
Regarding Claim 15, the claim is being analyzed with respect to the rejection of claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alazar Tilahun whose telephone number is (571)270-5712. The examiner can normally be reached Monday -Friday, From 9:00 AM-6:00 PM.
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/ALAZAR TILAHUN/
Primary Examiner
Art Unit 2424
/A.T/Primary Examiner, Art Unit 2424