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 .
Status of Claims
Claims 1-20 are pending and are currently under consideration for patentability under 37 CFR 1.104.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/21/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 “the elevator housing portion is disposed…in the second direction” (in claim 1 | see 112b rejection below for further explanation) 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 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.
Regarding claim 1, the limitation “the elevator housing portion is disposed on the other side of the distal end portion main body in the second direction” is unclear. It is unclear how the elevator housing portion can be disposed in the second direction when it is on the other side of the distal end portion main body, where the cable insertion hole is disposed on one side of the distal end portion main body in the second direction (i.e., the elevator housing portion is opposite to the cable insertion hole, they both would not be in same second direction, but rather in opposite directions). Claims 2-20 are rejected due to their dependency on claim 1.
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, 3, 5-6, 8, 13-14, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hosogoe (US 2016/0206180), in view of Tanaka (US 6,461,304).
Regarding claim 1, Hosogoe discloses an endoscope (10, figure 1) comprising: an insertion part (12, figure 1) that is provided with a treatment tool insertion channel (treatment tool insertion tube/conduit [0038]); a distal end portion main body (19 and 23, figure 1) that is provided at a distal end of the insertion part (see figure 1); an elevator housing portion (28, figure 2) that is provided in the distal end portion main body and is open in a first direction perpendicular to an axial direction of the distal end portion main body (see figure 2); a treatment tool outlet (front end opening of the treatment tool insertion tube [0058]) that is open to an inside of the elevator housing portion and communicates with the treatment tool insertion channel (thereupon…on the upper surface of the raising base 45 [0058]); an elevator (45, figure 2) that is disposed inside the elevator housing portion and is provided to be rotatable about a rotation shaft (49-50, figure 2) between an elevated position and a fallen position (raising base...is rotatable…[0048]); an ultrasonic transducer (23, figure 1); a signal cable (24, figure 9), and the elevator overlaps the center position of the distal end portion main body (see portion of 45 around 50 would overlap the center position of 19, figure 9). Hosogoe is silent regarding the ultrasonic transducer that has a plurality of ultrasonic vibrators on a distal end side of the distal end portion main body; and the signal cable that is connected to the plurality of ultrasonic vibrators, wherein when seen from the axial direction of the distal end portion main body, the elevator housing portion and a cable insertion hole through which the signal cable is inserted are disposed in different regions, when seen from the axial direction of the distal end portion main body, the cable insertion hole is disposed on one side of the distal end portion main body in a second direction perpendicular to the first direction and the axial direction to be offset from a center position of the distal end portion main body, the elevator housing portion is disposed on the other side of the distal end portion main body in the second direction to be offset from the center position of the distal end portion main body.
Tanaka teaches an endoscope (1, figure 1) with an insertion unit (2, figure 1) and an ultrasound transducer (527, figure 13). The ultrasound transducer has a plurality of rectangular transducer chips (527a, figure 14). Each coaxial wire (522b, figure 13) forming a signal cable (522, figure 14) is connected to the electrodes in the transducer chips. The cables (522D, figure 13) are arranged at bilaterally symmetrical positions relative to the center line of vertical curvature (U-D, figure 5), in the lower position , and raised upwardly to the base side along the angle portion (2b, figure 14 | Col. 13, lines 61-67 and Col. 14, lines 1-4).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the endoscope with the ultrasound transducer (527, figure 13) and to have the routing structure of a signal cable (522D, figures 13-15) as taught by Tanaka. Doing so would provide ultrasonic scanning (Col. 3, line 28) and allow signal cables to be arranged at substantially symmetrical positions relative to the center line of one direction of curving (Col. 13, lines 61-67 and Col. 14, lines 1-4). The modified endoscope would have the ultrasonic transducer that has a plurality of ultrasonic vibrators (transducer chips 527a, figure 14 | Col. 13, lines 50-52; Tanaka) on a distal end side of the distal end portion main body (see figure 14); and the signal cable (522, figure 14) that is connected to the plurality of ultrasonic vibrators (see 522b, figure 13), wherein when seen from the axial direction of the distal end portion main body, the elevator housing portion and a cable insertion hole (the modified endoscope would have the cables 522D, figures 14-15 of Tanaka arranged in bilaterally symmetrical positions in the lower end of the endoscope) through which the signal cable is inserted are disposed in different regions (see location of 522D, figures 14-15 of Tanaka | see location of 45, figure 9; Hosogoe), when seen from the axial direction of the distal end portion main body, the cable insertion hole is disposed on one side of the distal end portion main body in a second direction perpendicular to the first direction and the axial direction to be offset from a center position of the distal end portion main body (see the right one of 522D, figure 15; Tanaka), the elevator housing portion is disposed on the other side of the distal end portion main body in the second direction to be offset from the center position of the distal end portion main body (see 45, figure 9; Hosogoe | 45 is offset to the left of the center position in 19, figure 9).
Regarding claim 3, Hosogoe further discloses the elevator is disposed inside the elevator housing portion (see 45 inside of 28, figure 9; Hosogoe) and to be offset from the elevator housing portion to the one side of the distal end portion main body in the second direction (see 45, figure 9; Hosogoe | 45 is offset to the left of the center position in 19, figure 9).
Regarding claim 5, Hosogoe further discloses the treatment tool outlet is disposed inside the elevator housing portion (see 45 inside of 28, figure 9; Hosogoe) and to be offset from the elevator housing portion to the one side of the distal end portion main body in the second direction (see 45, figure 9; Hosogoe | 45 is offset to the left of the center position in 19, figure 9).
Regarding claim 6, Hosogoe and Tanaka further disclose the observation window (see 20, figure 2; Hosogoe), the treatment tool outlet (front end opening of the treatment tool insertion tube [0058] | interpreted the tool outlet to be closer to the bottom of 45 near 50, figure 9) and the signal cable (see the right one of 522D, figure 15; Tanaka) are disposed in this order in the first direction from an opening side of the elevator housing portion.
Regarding claim 8, Hosogoe and Tanaka further disclose the treatment tool outlet (front end opening of the treatment tool insertion tube [0058]; Hosogoe | interpreted the tool outlet to be proximal of 45, figure 2) does not overlap with the signal cable when seen from the first direction (see the right one of 522D, figure 15; Tanaka).
Regarding claim 13, Hosogoe further discloses the distal end portion main body has a cleaning communication hole (34, figure 3; Hosogoe) which is formed by penetrating a bottom wall portion (see 34, figure 9) on an opposite side to an opening side of the elevator housing portion (see figure 9).
Regarding claim 14, Hosogoe further discloses the distal end portion main body has a cleaning communication hole (34, figure 3; Hosogoe) which is formed by penetrating a bottom wall portion (see 34, figure 9) on an opposite side to an opening side of the elevator housing portion (see figure 9).
Regarding claim 16, Hosogoe further discloses the distal end portion main body has an observation window (21, figure 2; Hosogoe), and a position of the observation window in the first direction is disposed on an opening side of the elevator housing portion when seen from a rotation shaft direction of the elevator (see location of 21, figure 3).
Regarding claim 17, Hosogoe further discloses the distal end portion main body has an observation window (21, figure 2; Hosogoe), and a position of the observation window in the first direction is disposed on an opening side of the elevator housing portion when seen from a rotation shaft direction of the elevator (see location of 21, figure 3).
Regarding claim 20, Hosogoe further discloses the observation window is disposed to be offset from the elevator housing portion in the second direction (see location of 21, figure 2 | 21 is to the right of the center position of 19, figure 2).
Claim(s) 2, 4, 7, 9-12, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hosogoe (US 2016/0206180) and Tanaka (US 6,461,304) as applied to claim 1 above, and further in view of Morimoto (US 2013/0331696).
Regarding claim 2, Hosogoe further discloses the distal end portion main body has an observation window (21, figure 2), an illumination window (22, figure 2) that are disposed on the one side of the distal end portion main body in the second direction with respect to the elevator housing portion (21-22 is located to the right of the center position, figure 2). Hosogoe is silent regarding an air supply and water supply nozzle that are disposed on the one side of the distal end portion main body in the second direction with respect to the elevator housing portion.
Morimoto teaches an ultrasonic inspection system (2, figure 1) with an erecting base (74, figure 3) and an ultrasonic transducer (60, figure 3). The system has a cleaning nozzle (68, figure 3) that ejects a liquid or gas toward the observation window (62a, figure 3).
It would have been obvious to modify the endoscope of Hosogoe and Tanaka with a cleaning nozzle (68, figure 3) as taught by Morimoto. Doing so would provide liquid or gas toward an observation window for cleaning ([0079]). The modified endoscope would have an air supply and water supply nozzle (68, figure 3; Morimoto) that are disposed on the one side of the distal end portion main body in the second direction with respect to the elevator housing portion (see location of 68 with respect to 74, figure 3).
Regarding claim 4, Hosogoe further discloses the elevator is disposed inside the elevator housing portion (see 45 inside of 28, figure 9; Hosogoe) and to be offset from the elevator housing portion to the one side of the distal end portion main body in the second direction (see 45, figure 9; Hosogoe | 45 is offset to the left of the center position in 19, figure 9).
Regarding claim 7, Hosogoe and Tanaka further disclose the observation window (see 20, figure 2; Hosogoe), the treatment tool outlet (front end opening of the treatment tool insertion tube [0058] | interpreted the tool outlet to be closer to the bottom of 45 near 50, figure 9) and the signal cable (see the right one of 522D, figure 15; Tanaka) are disposed in this order in the first direction from an opening side of the elevator housing portion.
Regarding claim 9, Hosogoe and Tanaka disclose all of the features in the current invention as shown above in claim 1. They are silent regarding the elevator has a first surface and a second surface inside a facing region facing the treatment tool outlet in a state where the elevator is positioned at the elevated position, and when seen from a rotation shaft direction of the elevator, the first surface is provided to be inclined to an opening side of the elevator housing portion with respect to an axial direction of the treatment tool insertion channel, and the second surface is provided to be inclined to an opposite side to the opening side of the elevator housing portion with respect to the axial direction of the treatment tool insertion channel.
Morimoto teaches an ultrasonic inspection system (2, figure 1) with an erecting base (74, figure 3) and an ultrasonic transducer (60, figure 3). The erecting base has a guide surface (80, figure 8) which guides a treatment tool in a predetermined lead-out direction, on the upper side of a main body (74a, figure 8). Accordingly, a treatment tool is led out of the opening and the lead-out direction can be changed by changing the erection angle of the erecting base ([0085]).
It would have been obvious to modify the endoscope of Hosogoe and Tanaka with the erecting base (74, figure 3) of Morimoto. Doing so would provide a lead-out direction along the guide surface (80, figures 9) for the treatment tool ([0085]). The modified endoscope would have the elevator has a first surface and a second surface (see the distal and proximal region of the surface of 74, figure 9a; Morimoto) inside a facing region (see surface of 74, figure 9a) facing the treatment tool outlet in a state where the elevator is positioned at the elevated position (best seen in figure 7), and when seen from a rotation shaft direction of the elevator (see figure 9a), the first surface is provided to be inclined to an opening side of the elevator housing portion with respect to an axial direction of the treatment tool insertion channel (see the proximal end of the surface of 74, figure 9a), and the second surface is provided to be inclined to an opposite side to the opening side of the elevator housing portion with respect to the axial direction of the treatment tool insertion channel (see the distal end of the surface of 74, figure 9a).
Regarding claim 10, Morimoto further teaches in the state where the elevator is positioned at the elevated position, the first surface and the second surface overlap with the treatment tool outlet when seen from the axial direction of the treatment tool insertion channel (best seen in figures 7 and 9a of Morimoto).
Regarding claim 11, Morimoto further teaches in a state where the elevator is positioned at the fallen position, the second surface is disposed outside the facing region (see the proximal end of the surface of 74, figure 8; Morimoto). When 74 is further lowered (than in figure 7), the proximal end of the surface of 74 would be in a lower position than when it is in the elevated position facing 86a in figure 7.
Regarding claim 12, Morimoto further teaches when seen from the rotation shaft direction of the elevator, the second surface is disposed on a distal end side in the axial direction of the distal end portion main body from the rotation shaft in a case where the elevator is positioned at the fallen position (see distal end of the surface 74, figure 9a; Morimoto).
Regarding claim 15, Hosogoe further discloses the distal end portion main body has a cleaning communication hole (34, figure 3; Hosogoe) which is formed by penetrating a bottom wall portion (see 34, figure 9) on an opposite side to an opening side of the elevator housing portion (figure 9).
Regarding claim 18, Hosogoe further discloses the distal end portion main body has an observation window (21, figure 2; Hosogoe), and a position of the observation window in the first direction is disposed on an opening side of the elevator housing portion when seen from a rotation shaft direction of the elevator (see location of 21, figure 3).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hosogoe (US 2016/0206180) and Tanaka (US 6,461,304) as applied to claim 16 above, and further in view of Kohno (US 2007/0232922).
Regarding claim 19, Hosogoe and Tanaka disclose all of the features in the current invention as shown above in claim 16. They are silent regarding the observation window is disposed on a proximal end side in the axial direction of the distal end portion main body from the elevator housing portion.
Kohno teaches an ultrasound endoscope (see figure 2) with an optical image pickup assembly (4, figure 2) and illumination windows (3, figure 2). The optical image pickup assembly and illumination windows are located in a rear side of the rigid tip end section (1b, figure 2 | [0038]). The image pickup is mounted in its location to securely capture the instrument in the view field ([0041]).
It would have been obvious to modify the endoscope to have the observation window to the rear of or behind the treatment tool outlet and ultrasound transducer as taught by Kohno (ultrasound transducer…mounted…from the fore distal end thereof [0041]). Doing so would securely capture in the view field the instrument ([0041]). The modified endoscope would have the observation window is disposed on a proximal end side (see location of 4, figure 2; Kohno | the modified endoscope would have the observation window moved proximally to be behind or to the rear of 45, figure 2 of Hosogoe) in the axial direction of the distal end portion main body from the elevator housing portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
June 24, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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