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. Previous drawing objection and 112b rejections have been withdrawn in light of Applicant’s amendments.
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.
Claim Objections
Claims 1 is objected to because of the following informalities: change “the plurality of ultrasonic transducers” to “the plurality of ultrasonic vibrators” (i.e., for consistent terminology). Appropriate correction is required.
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 in the second direction to be offset from the center position” is unclear. It is unclear how the elevator housing portion can be disposed on the other side in the second direction, when the cable insertion hole is disposed on one side in a second direction. It is unclear how these two features can be on different sides with respect to the center position of the distal end portion main body, yet also be in the same direction (i.e., the second direction). Dependent 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) 1-5, 8-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (US 2013/0331696), in view of Tanaka (US 6,461,304).
Regarding claim 1, Morimoto discloses an endoscope (10, figure 1) comprising: an insertion part (22, figure 1) that is provided with a treatment tool insertion channel (treatment tool channel [0058]); a distal end portion main body (40, figure 2) that is provided at a distal end of the insertion part; an elevator housing portion (72, figure 7) 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 7); a treatment tool outlet (86a, figure 7) that is open to an inside of the elevator housing portion (see figure 7) and communicates with the treatment tool insertion channel (conduit 86 of treatment tool channel, figure 7); an elevator (74, figures 4, 7 and/or 21) that is disposed inside the elevator housing portion and is provided to be rotatable about a rotation shaft (84, figure 7) between an elevated position and a fallen position (changing the lead-out direction…[0080]); an ultrasonic transducer (60, figures 3 and 21) that has a plurality of ultrasonic vibrators on a distal end side of the distal end portion main body (arraying ultrasonic transducers…[0073]). Morimoto is silent regarding a signal cable that is connected to the plurality of ultrasonic transducers, 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 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, and the elevator housing portion is disposed on the other side 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, specifically the ultrasound transducer, to have the routing structure of a signal cable (522D, figures 13-15) as taught by Tanaka. Doing so would allow these 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 a signal cable (522, figure 14; Tanaka) that is connected to the plurality of ultrasonic transducers (arraying ultrasonic transducers…[0073]; Morimoto | transducer chips 527a; Col. 13, lines 50-52; Tanaka), 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 74, figure 21 of Morimoto), when seen from the axial direction of the distal end portion main body, the cable insertion hole is disposed on one side 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), and the elevator housing portion is disposed on the other side in the second direction to be offset from the center position of the distal end portion main body (see 112b rejection above | see location of 74, figure 21 of Morimoto).
Regarding claim 2, Morimoto further discloses the distal end portion main body has an observation window (62a, figure 21; Morimoto), an illumination window (64a, figure 2a) and an air supply and water supply nozzle (68, figure 21 | ejects liquid or a gas [0079]) that are disposed on the one side in the second direction with respect to the elevator housing portion (see location in figure 21).
Regarding claim 3, Morimoto further discloses the elevator is disposed to be offset from the elevator housing portion to the one side in the second direction inside the elevator housing portion (see location of 82 and 74, figures 7 and 9b | 82 is located to the right of the elevator housing portion, figure 9b of Morimoto). Further, 72 has more open room to the left of 74 in figure 7 of Morimoto.
Regarding claim 4, Morimoto further discloses the elevator is disposed to be offset from the elevator housing portion to the one side in the second direction inside the elevator housing portion (see location of 82 and 74, figures 7 and 9b | 82 is located to the right of the elevator housing portion, figure 9b of Morimoto). Further, 72 has more open room to the left of 74 in figure 7 of Morimoto.
Regarding claim 5, Morimoto further discloses the treatment tool outlet is disposed to be offset from the elevator housing portion to the one side in the second direction inside the elevator housing portion (see location of 86, figure 7 | 72 has more open room to the left of 74 in figure 7 of Morimoto). Further, 72 has more open room to the left of 74 in figure 7 of Morimoto.
Regarding claim 8, Morimoto and Tanaka further disclose the treatment tool outlet (see 86a, figure 7 and location of 74, figure 21; Morimoto) does not overlap with the signal cable (see the right one of 522D, figure 15; Tanaka) when seen from the first direction.
Regarding claim 9, Morimoto further discloses 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 | 74 may be raised to face the treatment tool outlet), 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 discloses 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 if 74 is raised/elevated of Morimoto).
Regarding claim 11, Morimoto further discloses 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 discloses 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 13, Morimoto further discloses the distal end portion main body has a cleaning communication hole (hole/space where 84 is located, figure 7; Morimoto) which is formed by penetrating a bottom wall portion on an opposite side to an opening side of the elevator housing portion (see figure 7 | hole/space of 84 is located at the bottom wall and is opposite to the opening side of the elevator housing portion).
Regarding claim 14, Morimoto further discloses the distal end portion main body has a cleaning communication hole (hole/space where 84 is located, figure 7; Morimoto) which is formed by penetrating a bottom wall portion on an opposite side to an opening side of the elevator housing portion (see figure 7 | hole/space of 84 is located at the bottom wall and is opposite to the opening side of the elevator housing portion).
Regarding claim 15, Morimoto further discloses the distal end portion main body has a cleaning communication hole (hole/space where 84 is located, figure 7; Morimoto) which is formed by penetrating a bottom wall portion on an opposite side to an opening side of the elevator housing portion (see figure 7 | hole/space of 84 is located at the bottom wall and is opposite to the opening side of the elevator housing portion).
Regarding claim 16, Morimoto further discloses the distal end portion main body has an observation window (62a and 52, figure 3; Morimoto), 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 52, figure 5).
Regarding claim 17, Morimoto further discloses the distal end portion main body has an observation window (62a and 52, figure 3; Morimoto), 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 52, figure 5).
Regarding claim 18, Morimoto further discloses the distal end portion main body has an observation window (62a and 52, figure 3; Morimoto), 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 52, figure 5).
Regarding claim 20, Morimoto further discloses the observation window (62a, figure 21; Morimoto) is disposed to be offset from the elevator housing portion in the second direction (see figure 21).
Claim(s) 6-7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (US 2013/0331696) and Tanaka (US 6,461,304) as applied to claims 3-4 and 16 above, and further in view of Kohno (US 2007/0232922).
Regarding claim 6, Morimoto and Tanaka disclose all of the features in the current invention as shown above in claim 3. They are silent regarding the observation window, the treatment tool outlet and the signal cable are disposed in this order in the first direction from an opening side of 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 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 (4, figure 2; Kohno), the treatment tool outlet (see 86a, figure 7 and location of 74, figure 21; Morimoto) 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 7, Morimoto and Tanaka disclose all of the features in the current invention as shown above in claim 4. They are silent regarding the observation window, the treatment tool outlet and the signal cable are disposed in this order in the first direction from an opening side of 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 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 (4, figure 2; Kohno), the treatment tool outlet (see 86a, figure 7 and location of 74, figure 21; Morimoto) 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 19, Morimoto 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 74, figure 4 of Morimoto) in the axial direction of the distal end portion main body from the elevator housing portion.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
January 14, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795