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 with traverse of Group 1, claims 1-12 in the reply filed on 1/5/2026 is acknowledged. The traversal is on the ground(s) that the subject matter of all claims is related and that a thorough search for the subject matter of any one of the group of claims would encompass a search for the subject matter of the remaining claims, and that the search and examination of the entire application could be made without serious burden. This is not found persuasive because the consideration of undue burden is one that must be made by the examiner. Applicant’s arguments that the search of one invention must necessarily result in a search for the other one has been considered, but is not found persuasive insofar as the searches are not co-extensive, as shown in the restriction requirement, and additional search would be of necessity for the combination of inventions.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/5/2026.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-9 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (EP 2724659 A1; See English Machine Translation).
Regarding claim 1, Martin teaches a method of detecting connectivity of a biopsy channel of an endoscope during an endoscope reprocessing procedure (para 0009; fig 1), the method comprising: connecting a fluid supply line (21) of an endoscope reprocessing machine (para 0034) to a biopsy channel (3) (para 0034) of an endoscope (1) (para 0017); connecting a fluid detection sensor (52.4) (fig 2; para 0034) of the endoscope reprocessing machine to a suction connector (7/14) of the endoscope (para 0017-0018); introducing a fluid into the fluid supply line connected to the biopsy channel of the endoscope (para 0034); and determining if the fluid supply line is adequately connected to the biopsy channel of the endoscope based on detection of the fluid by the fluid detection sensor (para 0034).
Regarding claim 2, Martin teaches wherein determining if the fluid supply line is adequately connected to the biopsy channel of the endoscope based on detection of the fluid by the fluid detection sensor comprises either (a) detecting, by the fluid detection sensor, the fluid introduced into the fluid supply line connected to the biopsy channel via discharge from the suction connector of the endoscope (claim 1, para 0013 and para 0029) or (b) failing to detect, by the fluid detection sensor, the fluid introduced into the fluid supply line connected to the biopsy channel via discharge from the suction connector of the endoscope (claim 1, para 0013 and para 0029).
Regarding claim 3, Martin teaches in response to detecting the fluid by the fluid detection sensor, the endoscope reprocessing machine proceeding to perform a cleaning procedure on the endoscope (claim 1, para 0011, and para 0029).
Regarding claim 4, Martin teaches in response to determining that the fluid supply line is not adequately connected to the biopsy channel, the endoscope reprocessing machine one or both of issuing a user alert and prohibiting proceeding with a cleaning procedure on the endoscope (claims 1 and 6 and para 0029).
Regarding claim 5, Martin teaches wherein: the endoscope comprises an insertion tube (hoses 20-26) extending from a proximal end to a distal end configured to be inserted into a body of a patient (para 0017), a control section (9a), a connector section (10), and an umbilical cord (5-7) extending between the control section and the connector section; the biopsy channel (3) extends from a biopsy port at the control section through a biopsy channel outlet (11) at a distal end of the insertion tube; and the suction connector (14) is located at the connector section (10) (fig 1; para 0017-0018).
Regarding claim 6, Martin teaches wherein connecting the fluid supply line of the endoscope reprocessing machine to the biopsy channel of the endoscope comprises connecting the fluid supply line to the biopsy port (para 0034).
Regarding claim 7, Martin teaches wherein connecting the fluid detection sensor to the suction connector of the endoscope comprises connecting a fluid receiving line of the endoscope reprocessing machine to the suction connector of the endoscope (para 0034), the fluid receiving line being in fluid communication with the fluid detection sensor (para 0034).
Regarding claim 8, Martin teaches wherein the fluid is water (para 0014).
Regarding claim 9, Martin teaches wherein the fluid is air (para 0015).
Regarding claim 11, Martin teaches wherein the fluid detection sensor is a pressure sensor (para 0034).
Regarding claim 12, Martin teaches the endoscope reprocessing machine comprises a processing chamber configured to receive the endoscope and deliver a cleaning chemistry to one or both of an internal lumen and an external surface of the endoscope (para 0017 and 0024); connecting the fluid supply line of the endoscope reprocessing machine to the biopsy channel of the endoscope comprises connecting the fluid supply line with the endoscope located in the processing chamber (para 0034); and connecting the fluid detection sensor of the endoscope reprocessing machine to the suction connector of the endoscope comprise connecting the fluid detection sensor with the endoscope located in the processing chamber (para 0034).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Martin (EP 2724659 A1; See English Machine Translation).
Regarding claim 10, Martin fails to teach wherein the fluid is pressurized to at least 2 bar and delivered at a rate of at least 5 L/min. However, the fluid pressure and delivery rate are result effective variables. The fluid pressure and delivery rate effect the cleaning efficiency of the endoscope. Without evidence of unexpected results, it would have been obvious to one or ordinary skill in the art at the time of the invention to determine the appropriate fluid pressure and delivery rate for the predictable result of effectively cleaning the endoscope. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to optimize the fluid pressure and delivery rate such that the fluid is pressurized to at least 2 bar and delivered at a rate of at least 5 L/min in order to effectively clean the endoscope. See MPEP 2144.05 II.
Conclusion
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/P.P/Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714