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 .
Response to Amendment
The amendment filed on 08/21/2026 has been entered. Claims 1-4, 9-11 are pending. Claims 5-8, 12-20 are withdrawn. Applicants’ amendment to the claims have overcome 112 rejections and objections previously set forth in the Non-Final Office Action notified on 04/21/2026.
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 is/are rejected under 35 U.S.C. 102 as being anticipated by Hong (US 20210052148).
Regarding claim 1, Hong discloses an endoscope (FIG. 1), comprising:
a handle including a central control section (Fluid control section 10 is included in the handle; FIGS. 1, 7, annotated);
one or more valves (Control 140 includes valves to control fluid by the foot switch 130. FIG. 2; Para [0052], [0055]) coupled to the central control section;
an elongate shaft (An insertion part 5) extending distally from the handle to a distal tip, the elongate shaft configured to be inserted into a body cavity; and
a remote user interface (Foot switch 130 for controlling fluid flow by controlling valves; Para [0055]-[0056]; FIGS. 1, 7) operatively coupled to the central control section, the remote user interface including one or more user-actuatable control elements (Foot switch 130 has buttons) positioned remote from the one or more valves (valves 211; Foot switch 130 has buttons connected to the tether which actuate the valves 211 of the controller 140 for controlling liquid flow; FIG. 7; Also see valve 211 positioned inside the controller 140 of the liquid supply unit 200, FIGS. 2, 6) and configured to operate the one or more valves to control a flow of fluid through the elongate shaft.
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Regarding claim 2, Hong discloses wherein the remote user interface includes one or more buttons configured to be actuated to operate the one or more valves (Foot switch 130 has buttons connected to the tether which actuate the valves 211 of the controller 140 for controlling the liquid flow; FIG. 7).
Regarding claim 3, Hong discloses wherein the one or more buttons are attached to one or more flexible tethers, the one or more flexible tethers (FIG. 7) configured to engage with the one or more valves (Tethers are engaged by communicating actuating signal to the valves 211; FIG. 7).
Regarding claim 4, Hong discloses wherein the remote user interface includes one or more flexible tethers (FIG. 7) coupled to a foot pedal (Foot switch 130 has buttons connected to the tether which actuate the valves 211 of controller 140 for controlling liquid flow; FIG. 7; Valve 211 positioned inside the controller 140 of the liquid supply unit 200, FIGS. 2, 6), the one or more flexible tethers configured to engage with the one or more valves (Tethers are engaged by communicating actuating signal to the valve 211; FIG. 7).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 102 as being anticipated by Hong (US 20210052148).
Regarding claim 10, Hong discloses an endoscope (FIG. 1), comprising:
a handle including a central control section (FIGS. 1, 7, annotated);
one or more valves (Control 140 includes valves to control fluid by the foot switch 130. Para [0052], [0055]) coupled to the central control section, the one or more valves including one or more actuator buttons (Valves in the control 140 are connected to the buttons of the foot switch 130, FIG. 7);
an elongate shaft (An insertion part 5) extending distally from the handle to a distal tip, the elongate shaft configured to be inserted into a body cavity; and
a remote user interface (Foot switch 130 for controlling fluid flow by controlling valves. Para [0055]- [0056]; FIGS. 1, 7) operatively coupled to the central control section, the remote user interface configured to operate the one or more valves to control a flow of fluid through the elongate shaft;
wherein the remote user interface includes one or more buttons (Buttons of the foot switch 130) configured to be actuated to operate the one or more actuator buttons of the one or more valves (Foot switch 130 has buttons connected to the tether which actuate the valves 211 of controller 140 for controlling liquid flow; FIG. 7; Also see valve 211 positioned inside the controller 140 in FIG. 6).
Regarding claim 11, Hong discloses wherein the remote user interface (Foot switch 130 for controlling fluid flow by controlling valves. Para [0055]-[0056]; FIGS. 1, 7) includes one or more tethers (FIG. 7) each of the one or more tethers (FIG. 7) including a proximal end coupled to the one or more buttons of the remote user interface ( Foot switch 130 has buttons connected to the tether to control the valve 211; FIGS. 6, 7; FIG. 7) and a distal end configured to engage the one or more valves (Closing valves 211, 221, and 231 for opening and closing flow path; Para [0052], [0055]) to control a flow of fluid through the elongate shaft.
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wherein the one or more tethers are coupled to the remote user interface (switch 130; FIG. 7 annotated).
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, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gavalis (US 20210007586) in view of Ouyang (US 20170188793).
Regarding claim 1, Gavalis discloses an endoscope (FIG. 6A), comprising:
a handle (FIG. 6A) including a central control section;
one or more valves (water valve 140; port 615; Para [0021], [0065]) coupled to the central control section;
an elongate shaft (FIG. 6A) extending distally from the handle to a distal tip, the elongate shaft configured to be inserted into a body cavity.
Gavalis does not expressly disclose a remote user interface operatively coupled to the central control section the remote user interface including one or more user-actuatable control elements positioned remote from the one or more valves and configured to operate the one or more valves to control a flow of fluid through the elongate shaft.
Ouyang is directed to a handheld surgical endoscope (abstract) and teaches a remote user interface (line 172; syringe 180; FIG. 9; Para [0062]) operatively coupled to the central control section (FIG. 9), the remote user interface including one or more user-actuatable control elements (Proximal portion of the syringe 180; FIG. 9) positioned remote from the one or more valves and configured to operate the one or more valves to control a flow of fluid through the elongate shaft.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gavalis to include the remote syringe (of Ouyang) to the port of Gavalis so that the valve could be operated remotely such as when a user needs to remotely supply water in the surgical area.
Regarding claim 9, Gavalis, as modified, teaches wherein the remote user interface includes one or more flexible tethers (Ouyang: tether 172 of the syringe 180; FIG. 9) coupled to one or more syringes, the one or more flexible tethers configured to engage with the one or more valves (Ouyang: water valve 140 of Gavalis could be operated by the syringe 180 through the tether 172) and the one or more syringes configured to advance a fluid distally to control the flow of fluid through the elongate shaft (Ouyang: The syringe 180 advances the fluid distally; FIG. 9).
Response to Arguments
Applicants’ arguments submitted on 08/21/2026 have been fully considered and persuasive. Therefore, the previous rejection dated 4/21/2026 has been withdrawn. However, in view of amendment, a new rejection has been made. See rejection set for the above.
Conclusion
THIS ACTION IS MADE FINAL. 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
10/9/26
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