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 .
Election/Restrictions
Applicant’s election without traverse of Species A, FIGS. 1-2, claims 1-4, 7-14, 16-20 in the reply filed on 02/26/2026 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "first end of the first valve body" disclosed in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation “first end of the first valve body” is not described nor detailed in the disclosure whatsoever, the first valve body most closely relates to valve body 120 in elected FIG. 1, and there is not depiction nor mention of “a first end” in relation to 120 in neither the detailed description of the specification nor the relevant figures.
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.
Claim 1, 4 and 20 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.
Claim 1 and 20 recite the limitation “first side the second valve body," the examiner interprets this as meaning “first side of the second valve body,” but nonetheless suggests amending the claim to better reflect the intended language.
The term “approximately” in claim 4is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term leaves ambiguity with regard to the required meets and bounds of the invention as claimed, as it is not cleared what range of values is equivalent to "approximately 45 The examiner suggests amending the claim language to “substantially” or removing the term entirely, in order to, avoid confusion and more distinctly claim the structure of the intended invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogino et al. (JP H07349 A, hereinafter Ogino).
Regarding Claim 1, Ogino discloses
A handle assembly (operation part 2, FIG. 4) for a medical device (endoscope 1, FIG. 4), comprising:
a handle body (operation part 2, FIG. 4);
a first valve body (suction operation valve 40, FIG. 2) housed at least partially within the handle body (depicted in FIGS. 1-4);
a second valve body (air / water supply operation valve 20, FIG. 1) housed at least partially within the handle body and positioned adjacent to the first valve body (depicted in FIGS. 1-4);
a lens wash inlet port (upstream air supply pipe 14a, FIG. 1) extending from a first side the second valve body at a first angle with respect to a longitudinal axis of the second valve body (depicted in FIG. 1); and
a lens wash outlet port (downstream water supply pipe 15b, FIG. 1) extending from a second side of the second valve body at a second angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1),
wherein the first side of the second valve body faces a first direction and wherein the second side of the second valve body faces a second direction (FIG. 1 depicts a first side facing the right direction and a second side facing a left direction), and
wherein the first direction is substantially opposite to the second direction (depicted in FIG. 1).
Regarding Claim 2, Ogino discloses
The handle assembly of claim 1, further comprising:
an insufflation inlet port (upstream water supply pipe 15a, FIG. 1) extending from the first side of the second valve body at a third angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1); and
an insufflation outlet port (downstream air supply pipe 14b, FIG. 1) extending from the second side of the second valve body at a fourth angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1).
Regarding Claim 3, Ogino discloses
The handle assembly of claim 2, wherein the first angle, the second angle, the third angle, and the fourth angle are equal (depicted in FIG. 1).
Regarding Claim 4, Ogino discloses
The handle assembly of claim 2, wherein the first angle, the second angle, the third angle, and the fourth angle are each approximately 45º (depicted in FIG. 1).
Regarding Claim 7, Ogino discloses
The handle assembly of claim 2,
wherein the lens wash outlet port (15b) extends toward a first end of the second valve body (FIG. 1 depicts downstream water supply pipe extending towards the top, i.e. first end), and
each of the insufflation outlet port, the insufflation inlet port, and the lens wash inlet port extend toward a second end of the second valve body (FIG. 1 depicts rest of the supply pipes extending towards the bottom, i.e. second end).
Regarding Claim 8, Ogino discloses
The handle assembly of claim 2, wherein an interface between the insufflation outlet port (14b) and an inner chamber (flange 31, FIG. 1) of the second valve body is positioned closer to a first end of the second valve body with respect to each of the insufflation inlet port, the lens wash inlet port, and the lens wash outlet port (depicted in FIG. 1).
Regarding Claim 9, Ogino discloses
The handle assembly of claim 2,
wherein an interface between the lens wash outlet port (15b) and a well (communication groove 26, FIG. 1) of the second valve body is positioned closer to a first end of the second valve body with respect to the lens wash inlet port (depicted in FIG. 1), and
closer to a second end of the second valve body with respect to each of the insufflation inlet port and the insufflation outlet port (depicted in FIG. 1).
Regarding Claim 10, Ogino discloses
The handle assembly of claim 1,
wherein the first valve body (40) includes a suction inlet port (upstream suction pipe 16b, FIG. 2) and a suction outlet port (downstream suction pipe 16a, FIG. 2), and
wherein the suction outlet port is positioned closer to a first end of the first valve body with respect to the suction inlet port (depicted in FIG. 2).
Regarding Claim 11, Ogino discloses
The handle assembly of claim 10, wherein the suction outlet port extends towards the second valve body (par. 0014, Ln. 2-3 discloses suction base connected to both suction device and air/water supply device; FIGS. 1-4, par. 0016-0017 disclose both valves are connected to connector via suction base and air/water base; par. 0047, Ln. 1 discloses downstream suction pipe connected to suction base, i.e. extends closer to air/water base which connects to second valve body).
Regarding Claim 12, Ogino discloses
wherein the lens wash outlet port and the lens wash inlet port are collinear (depicted in FIG. 1).
Regarding Claim 13, Ogino discloses
The handle assembly of claim 1,
wherein a longitudinal axis of the first valve body is parallel to an axis of the handle body (Modified FIG. 4 below depicts an axis of the suction operation valve, solid red line, is parallel with connector axis of handle, dashed blue line), and
wherein the longitudinal axis of the second valve body is at an angle with respect to the axis of the handle body (Modified FIG. 4 below depicts an axis of the air / water supply operation valve, solid green line, is at an angle with connector axis of handle, dashed blue line).
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Modified FIG. 4 (JP H07349 A)
Regarding Claim 14, Ogino discloses
The handle assembly of claim 13, wherein the angle of the second valve body with respect to the axis of the handle body is in a range of 0º to 45º (depicted in Modified FIG. 4 above).
Regarding Claim 16, Ogino discloses
A handle assembly (operation part 2, FIG. 4) for a medical device (endoscope 1, FIG. 4), comprising:
a handle body (operation part 2, FIG. 4);
a first valve body (suction operation valve 40, FIG. 2) housed at least partially within the handle body (depicted in FIGS. 1-4);
a second valve body (air / water supply operation valve 20, FIG. 1) housed at least partially within the handle body and positioned adjacent to the first valve body (depicted in FIGS. 1-4),
wherein a longitudinal axis of the first valve body is parallel to an axis of the handle body (Modified FIG. 4 below depicts an axis of the suction operation valve, solid red line, is parallel with connector axis of handle, dashed blue line), and
wherein the longitudinal axis of the second valve body is at an angle with respect to the longitudinal axis of the handle body (Modified FIG. 4 below depicts an axis of the air / water supply operation valve, solid green line, is at an angle with connector axis of handle, dashed blue line).
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Modified FIG. 4 (JP H07349 A)
Regarding Claim 17, Ogino discloses
The handle assembly of claim 16, wherein the angle of the longitudinal axis of the second valve body is in a range of 0º to 45º (depicted in Modified FIG. 4 above).
Regarding Claim 18, Ogino discloses
The handle assembly of claim 16, further comprising:
a lens wash inlet port (upstream air supply pipe 14a, FIG. 1) extending from a first side the second valve body at a first angle with respect to a longitudinal axis of the second valve body (depicted in FIG. 1);
a lens wash outlet port (downstream water supply pipe 15b, FIG. 1) extending from a second side of the second valve body at a second angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1);
an insufflation inlet port (upstream water supply pipe 15a, FIG. 1) extending from the first side of the second valve body at a third angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1); and
an insufflation outlet port (downstream air supply pipe 14b, FIG. 1) extending from the second side of the second valve body at a fourth angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1).
Regarding Claim 19, Ogino discloses
The handle assembly of claim 18, wherein the lens wash inlet port and the lens wash outlet port are collinear (depicted in FIG. 1).
Regarding Claim 20, Ogino discloses
A handle assembly (operation part 2, FIG. 4) for a medical device (endoscope 1, FIG. 4), comprising:
a handle body (operation part 2, FIG. 4);
a first valve body (suction operation valve 40, FIG. 2) housed at least partially within the handle body (depicted in FIGS. 1-4);
a second valve body (air / water supply operation valve 20, FIG. 1) housed at least partially within the handle body and positioned adjacent to the first valve body (depicted in FIGS. 1-4);
a lens wash inlet port (upstream air supply pipe 14a, FIG. 1) extending from a first side the second valve body (depicted in FIG. 1),
toward a first end of the second valve body and at a first angle with respect to a longitudinal axis of the second valve body (depicted in FIG. 1); and
a lens wash outlet port (downstream water supply pipe 15b, FIG. 1) extending from a second side of the second valve body (depicted in FIG. 1),
toward a second end of the second valve body and at a second angle with respect to the longitudinal axis of the second valve body (depicted in FIG. 1),
wherein the first angle is equal to the second angle (depicted in FIG. 1),
wherein a longitudinal axis of the first valve body is parallel to an axis of the handle body (Modified FIG. 4 below depicts an axis of the suction operation valve, solid red line, is parallel with connector axis of handle, dashed blue line),
wherein a longitudinal axis of the second valve body is at an angle with respect to the longitudinal axis of the handle body (Modified FIG. 4 below depicts an axis of the air / water supply operation valve, solid green line, is at an angle with connector axis of handle, dashed blue line), and
wherein the lens wash inlet port and the lens wash outlet port are collinear (depicted in FIG. 1).
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Modified FIG. 4 (JP H07349 A)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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, 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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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights