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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fixing member” in claim 1, 10;
“signal transmission element” in claims 6-8;
“combining portion” in claim 10
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
Claim(s) 1-4, 6-13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Vazales US20130104884.
Vazales discloses for claim 1, “An endoscope fixing structure, mainly comprising:
an endoscope (visualization scope 103 and visualization tube 102; fig 1, 2A; 0454 describes the visualization scope as an endoscope), which is extendable into a nasogastric tube (0120 describes the visualization scope sized and configured for used with any standard body-inserted tube, which includes nasogastric tubes);
an image pickup assembly (0125, 0136 describes the camera and located on the visualization tube, i.e. distally at the end and not at the handle), which is arranged at an end of the endoscope; and
a fixing member (scope retention member 125; fig 11A, 11B; 0143-0144), which is arranged at one side of the endoscope that is opposite to the image pickup assembly (the scope retention member is adjustable and configurable at the proximal end of the coupling assembly, i.e. opposite of a distally configured camera), wherein the fixing member comprises a front end portion and a rear end portion having a cross-sectional area greater than the front end portion, so that the fixing member is fixable, by means of the rear end portion, to an opening of the nasogastric tube to constrain movement of the endoscope (fig 11A, 11B)”.
Vazales discloses for claim 2, “The endoscope fixing structure according to claim 1, wherein an inclined portion is arranged between the front end portion and the rear end portion (fig 11B)”.
Vazales discloses for claim 3, “The endoscope fixing structure according to claim 2, wherein a cross-sectional area of the front end portion is smaller than a cross-sectional area of the opening of the nasogastric tube (fig 11B)”.
Vazales discloses for claim 4, “The endoscope fixing structure according to claim 3, wherein the cross-sectional area of the rear end portion is greater than the cross-sectional area of the opening (fig 11B)”.
Vazales discloses for claim 6, “The endoscope fixing structure according to claim 1, wherein the image pickup assembly comprises an image pickup lens (configured with lens to focus light; 0121), at least one light-emitting element (light source 104; 0135 describes as a configuration as laser diodes or LEDs and can be positioned at various locations) arranged at one side of the image pickup lens, and a signal transmission element (0138, 0139 describes the electrical components including the camera connected either wired or wirelessly) arranged at one side of the image pickup lens.
Vazales discloses for claim 7, “The endoscope fixing structure according to claim 6, wherein the signal transmission element comprises one of wired transmission and wireless transmission (0138, 0139 describes the electrical components including the camera connected either wired or wirelessly)”.
Vazales discloses for claim 8, “The endoscope fixing structure according to claim 6, wherein the signal transmission element is in information connection with a display device (0138, 0139 describes the electrical components including the camera connected either wired or wirelessly)”.
Vazales discloses for claim 9, “The endoscope fixing structure according to claim 1, wherein the nasogastric tube is formed, in an end, with an end opening to allow the image pickup assembly to pick up an image outside of the nasogastric tube (0120 describes the visualization scope sized and configured for used with any standard body-inserted tube, which includes nasogastric tubes)”.
Vazales discloses for claim 10, “An endoscope fixing structure, mainly comprising:
a fixing member (scope retention member 125; fig 11A, 11B; 0143-0144), which is arranged on an endoscope that is extendable into a nasogastric tub, wherein the fixing member comprises a front end portion and a rear end portion having a cross-sectional area greater than the front end portion, so as to be fixable to an opening of the nasogastric tube to constrain movement of the endoscope (fig 11A, 11B); and
a combining portion, which is arranged on the fixing member to receive the endoscope to attach thereto or detach therefrom (internal space of the scope retention member 125; fig 11B)”.
Vazales discloses for claim 11, “The endoscope fixing structure according to claim 10, wherein an inclined portion is arranged between the front end portion and the rear end portion (fig 11B)”.
Vazales discloses for claim 12, “The endoscope fixing structure according to claim 11, wherein a cross-sectional area of the front end portion is smaller than a cross-sectional area of the opening of the nasogastric tube (fig 11B)”.
Vazales discloses for claim 13, “The endoscope fixing structure according to claim 12, wherein the cross-sectional area of the rear end portion is greater than the cross-sectional area of the opening (fig 11B)”.
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.
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vazales as applied to claim 2 or 11 respectively above, and further in view of Morton US20240423449.
Vazales does not disclose for claim 5, “The endoscope fixing structure according to claim 2, wherein at least one rib is formed on the inclined portion”. Morton teaches in the same field of endeavor, providing ribs on a connector (fig 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Morton into the invention of Vazales in order to configure the fixing structure e.g. as claimed because provides a more secure fit via increasing friction forces against the insertion tube.
Vazales does not disclose for claim 14, “The endoscope fixing structure according to claim 11, wherein at least one rib is formed on the inclined portion”. Morton teaches in the same field of endeavor, providing ribs on a connector (fig 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Morton into the invention of Vazales in order to configure the fixing structure e.g. as claimed because provides a more secure fit via increasing friction forces against the insertion tube.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
12/13/25