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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “different specifications” in claim 1 is vague. It is unclear to Examiner that the different specifications being referred to different configurations, different sizes, different positions or other meaning?
The other claims 2-20 are being rejected due to their dependency.
Claims 3-5, 12-14, 16-18 recite the limitation "the upper end" in line 3 of the claim 3. There is insufficient antecedent basis for this limitation in the claim.
The claims 4-3, 12-14 & 16-18 are being rejected due to their dependency.
Claims 11-14 recite the limitation "the endoscope mask" in line 2. There is insufficient antecedent basis for this limitation in the claims.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bettuchi (US 2011/0152777).
Regarding claim 1, Bettuchi discloses a sealing cap 10 with adjustable aperture, comprising:
a fixing seat 70;
a cover body 14, which is detachably mounted on the fixing seat 70, see Fig. 1; and
a sealing component 24 used to adapt to endoscopes of different specifications (different configurations, positions or different status); one end 30 of the sealing component is set on the cover body 14, and the other end 32 of the sealing component is connected to the fixing seat 70, see Fig. 4A.
Regarding claim 2, wherein the sealing component 24 includes: a membrane 26, a rotating inner sleeve 30, and a rotating outer sleeve 38/40 for driving the membrane; one end 30 of the rotating inner sleeve 30 is rotatably mounted on the cover body 14, and the other end 32 of the rotating inner sleeve is connected to the rotating outer sleeve 38/40; one end of the membrane is connected (indirectly via the rotating inner sleeve) to the rotating outer sleeve, and the other end of the membrane is
connected (indirectly via the element 32) to the fixing seat 70.
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Claims 1, 6-10 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reddy et al. (US 2018/0133429).
Regarding claim 1, Reddy discloses a sealing cap 26 with adjustable aperture, comprising:
a fixing seat;
a cover body 46 which is detachably mounted on the fixing seat, see Fig. 2B; and
a sealing component 42, used to adapt to endoscopes of different specifications (open and close the slit, para [0081-0082]; one end of the sealing component 42 is set on the cover body 46, and the other end of the sealing component is connected to the fixing seat, see the marked-up Fig. 2C below.
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Regarding claim 6, wherein a protruding platform 32 which is adapted to clamp the endoscope mask 12 in correspondence with the cover body, is set at the lower end of the fixing seat, para [0076] & Fig. 1A.
Regarding claims 7-8 & 20, wherein a cushioning pad 94 is set at the upper end of the protruding platform 32, see Fig. 9A; wherein the cushioning pad 94 is a silicone pad (sponge pad) and/or rubber pad (sponge pad). Reddy discloses an endoscope mask 10 comprising: a mask body 12 further comprising: the sealing cap with adjustable aperture 62a (when inserting into the instrument through the slit valve 42) according to claim 7.
Regarding claim 9, Reddy discloses an endoscope mask 10 comprising: a mask body 12 further comprises the sealing cap with adjustable aperture 62a (when inserting into the instrument through the slit valve 42) according to claim 1.
Regarding claim 10, wherein a mounting platform 32 is set on the outside of the mask body 12; one end of the mounting platform 32 abuts the cushioning pad 94 (Fig. 9A), and the other end of the mounting platform 32 abuts the cover body 46.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH-NHU HOANG VU whose telephone number is (571)272-3228. The examiner can normally be reached on M-F 7:30 am-4:00 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, Michael Tsai can be reached on 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quynh-Nhu H. Vu/
Quynh-Nhu H Vu
Primary Examiner, Art Unit 3783
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