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 and Subspecies A, readable on claims 1-6, in the reply filed on 02/12/2026 is acknowledged.
Applicant withdrew claim 13 pursuant to this election, and examiner further withdrew claims 7, 9-10 and 18-20 as also being drawn to non-elected embodiments.
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 "transverse portion" and "angled portion" of claim 3 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 3 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 claimed subject matter of “a transverse portion” and “an angled portion” in relation to the gear bearing surface are not described in the specification. Paragraph 74 discloses that the rack bearing surface can “slide in a direction angled, preferably transverse, to the control axis” but there is no mention of the gear bearing surface comprising the physical structures of a transverse portion and an angled portion. Therefore, the examiner will interpret the meets and bounds of these limitations as is consistent with the broadest reasonable interpretation of the claim language.
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 12 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 12 recites the limitation "the central shaft" in its first appearance. There is insufficient antecedent basis for this limitation in the claim. The examiner is interpreting this as a spelling mistake that was meant to recite “the central shaft hole” based on dependency, however, the examiner suggests amending the claim language to maintain clarity and/or particularly point out a separate feature.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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) 1-3, 5-6, 8, 11-12 and 14-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Teatini et al. (US 20230157523 A1, hereinafter Teatini).
Regarding Claim 1, Teatini discloses
An endoscope (endoscope 102, FIG. 4) comprising:
a handle (endoscope handle 100, FIG. 4) comprising a housing (handle housing 104 FIG. 4),
the housing comprising an internal space (receiving space 120, FIG. 4) and a central shaft hole (FIG. 6, par. 85 disclose central opening/ hole);
an insertion cord (insertion cord 112, FIGS. 13-14) extending distally from the handle (FIG. 13, par. 79 disclose insertion cord extends distally from handle),
the insertion cord comprising an insertion tube (insertion tube 114, FIGS. 13-14),
a bending section (actively bendable bending section 116, FIGS. 13-14), and
a tip unit (distal tip unit 118, FIGS. 13-14),
the tip unit including a housing (housing of distal tip unit 118, FIGS. 13-14) and an elevator (elevator element 160, FIGS. 13-14) pivotally connected to the housing (depicted in FIGS. 15-16);
a first steering wire (par. 85 discloses steering wire);
a first steering control assembly comprising a first steering controller (first operation unit 170, FIG. 7) and a first wire drum (wire drum 174, FIGS. 4, 7) connected to the bending section via the first steering wire (par. 85 discloses steering wire for bending the bending section of the insertion cord runs through wire drum),
the first steering controller being configured to receive a first user steering input and, responsive to the first user steering input, to rotate the first wire drum about a control axis to bend the bending section (par. 85 discloses operation units are control wheels which are accessible to a user/ operation, i.e. user steering input, to rotate the wire drums to bend the bending section; par. 86 discloses concentric and coaxial arrangement of the operations units; par. 31 discloses operation wheel, operation units and wire drums all rotate about the same axis);
a base (surfaces/walls 122 + 124 + 126 + 128, FIGS. 4-7) at least partly positioned in the internal space of the housing (depicted in FIG. 6);
an elevator control assembly (depicted in FIGS. 4-7) comprising:
an elevator wire (wire 154, FIG. 4) connected to the elevator (depicted in FIG. 13);
a toothed rack (wire wheel 146, FIG. 6) connected to the elevator wire (depicted in FIG. 4);
an elevator control lever (manually operable element 134, FIG. 4); and
an elevator drive gear (operation/ elevator wheel 140, FIG. 6) comprising a toothed portion (operation wheel gear portion 142, FIG. 6),
the elevator drive gear being connected to the elevator control lever and rotatably connected to the base (FIGS. 4-7. par. 81 discloses operation wheel is rotatably mounted in handle housing, i.e. on sides/ walls),
the toothed portion of the elevator drive gear being configured to engage the toothed rack to translate the toothed rack and the elevator wire and thereby pivot the elevator between a raised position (second, raised, elevator position 164, FIG. 16) and a lowered position (first, lowered, elevator position 162, FIG. 15; FIG. 6, par. 81 discloses rotational input on the manually operable element results in rotation of the operation wheel, par. 82 discloses operation wheel gear portion has external teeth which mesh with external teeth of wire wheel, par. 84 discloses manual operation is transmitted via the operation wheel and the wire wheel, which are engaged to each other via external teeth, and the wire, which is engaged with the wire wheel at one end and to the elevator element at the other end, such that the elevator pivots from a lowered to a raised position),
the first wire drum being longitudinally interposed between the first steering controller and the elevator drive gear (FIGS. 4-5 depict wire drum being between operation wheel, extending towards operation units, par. 85 discloses operation units and wire drums are directly connected with one another while operation wheel is coaxially arranged with respect to that connection, i.e. wire drum extends between operation unit and at least part of operation wheel; FIG. 7, par. 86 discloses concentric and coaxial arrangement of the operations units, operation wheel and wire drums).
Regarding Claim 2, Teatini discloses
The endoscope of claim 1,
wherein the base comprises a casing wall (side surfaces/walls 126, FIG. 6) forming a casing (inner shell surface of hollow cylindrical protrusion 176, FIG. 7, par. 85 discloses hollow cylindrical protrusion provided in side surfaces/walls),
the casing accommodating at least the first wire drum (par. 31 discloses inner shell surface of hollow cylindrical protrusion accommodates wire drum),
wherein the casing wall comprises an inward side opposite an outward side (par. 85 discloses inward and outward sides of the side surfaces/walls),
the outward side facing the first steering controller (par. 85 discloses operation units are accessible from outward side of the side surfaces/walls),
wherein the inward side comprises a gear bearing surface (outer shell surface of hollow cylindrical protrusion 176, FIG. 7) supporting the elevator drive gear and a rack bearing surface (cylindrical protrusion 148, FIG. 6) slidably supporting the toothed rack (par. 31, 85 disclose outer shell surface of hollow cylindrical protrusion supports operation wheel; par. 82 discloses wire wheel is rotatably mounted on cylindrical protrusion).
Regarding Claim 3, Teatini discloses
The endoscope of claim 2, wherein the gear bearing surface comprises a transverse portion (circled in blue in Modified FIG. 7 below) extending perpendicularly to the control axis (dashed green line in Modified FIG. 7 below) and an angled portion (circled in yellow in Modified FIG. 7 below) extending at a non-zero angle relative to the control axis (Modified FIG. 7 below depicts a solid red line following the indicator for the hollow cylindrical protrusion which points out a shell portion having a long perpendicular part, circled in blue, and an angled valley portion, circled in yellow; More figures show the feature(s) such as FIGS. 4-5, however, FIG. 7 was modified for having the reference numeral for these aspects, which based on the figures, are part of the hollow cylindrical protrusion).
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Modified FIG. 7 (US 20230157523 A1)
Regarding Claim 5, Teatini discloses
The endoscope of claim 1, wherein an inner radius of the elevator drive gear is at most 10% larger than an outer radius of the first wire drum (depicted in FIGS. 4-7).
Regarding Claim 6, Teatini discloses
The endoscope of claim 1, wherein an inner radius of the elevator drive gear is smaller than an outer radius of the first wire drum (depicted in FIGS. 4-7).
Regarding Claim 8, Teatini discloses
The endoscope of claim 1, the endoscope further comprising:
a second steering wire (par. 85 discloses respective steering wires); and
a second steering control assembly comprising a second steering controller (second operation unit 172, FIG. 7) and a second wire drum (second wire drum 174, FIGS. 4, 7) connected to the bending section via the second steering wire (par. 85 discloses respective steering wire for bending the bending section of the insertion cord runs through respective wire drum),
the second steering controller being configured to receive a second user steering input and, responsive to the second user steering input, to rotate the second wire drum about the control axis to bend the bending section (par. 85 discloses operation units are control wheels which are accessible to a user/ operation, i.e. user steering input, to rotate the wire drums to bend the bending section; par. 86 discloses concentric and coaxial arrangement of the operations units; par. 31 discloses operation wheel, operation units and wire drums all rotate about the same axis),
wherein the base comprises a first base part (rounded transition area 130, FIG. 4) and a second base part (side surfaces/walls 126, FIG. 6),
the first base part comprising a first casing (outlined in red in Modified FIG. 7-2 below) and an intermediate support sleeve (outlined in green in Modified FIG. 7-2 below),
the second base part comprising a second casing (inner shell surface of hollow cylindrical protrusion 176, FIG. 7) and a central shaft extending from the second casing and through the central shaft hole of the housing of the handle and through the intermediate support sleeve (par. 85 discloses shaft which connects to wire drums and extends through inner side of the opening and through the hollow cylindrical protrusion),
wherein the first casing accommodates the first wire drum and the second casing accommodates the second wire drum (Modified FIG. 7-2 below depicts a casing and an intermediate support element that appear to be surrounding what could be a drum or at least where the area in which the drum is disposed, as consistent with FIGS. 4-5, i.e. first drum can be accommodated by the first casing circled in red; par. 31 discloses inner shell surface of hollow cylindrical protrusion accommodates wire drum),
wherein the second wire drum is longitudinally interposed between the elevator drive gear and the first wire drum (par. 85-86 disclose concentric and coaxial arrangement of the operations units, operation wheel and wire drums; par. 85 discloses two coaxial wire drums, i.e. second drum can be interpreted as being between the first wire drum and the operation wheel), and
wherein the second base part further comprises a gear bearing surface (outer shell surface of hollow cylindrical protrusion 176, FIG. 7) rotatably engaging the elevator drive gear and a rack bearing surface (cylindrical protrusion 148, FIG. 6) slidingly engaging the toothed rack (par. 25, 31 disclose outer shell surface of hollow cylindrical protrusion rotatably supports operation wheel; par. 82 discloses wire wheel is rotatably mounted on cylindrical protrusion).
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Modified FIG. 7-2 (US 20230157523 A1)
Regarding Claim 11, Teatini discloses
The endoscope of claim 1,
wherein an axial space is formed between the elevator drive gear and an inner surface of the endoscope handle surrounding the central shaft hole (FIGS. 8-9, par. 86 disclose axial space with respect to proximal handle housing portion and operation wheel), and
wherein at least one valve (valve assembly 178, FIG. 8) is least partially received in said axial space (depicted in FIGS. 8-9).
Regarding Claim 12, Teatini discloses
The endoscope of claim 11,
wherein the at least one valve extends through a first radial side (valve accommodation openings 184, FIG. 7) of the housing (depicted in FIGS. 7-9), and
wherein the toothed rack is positioned between the first radial side of the housing and the central shaft (depicted in FIG. 9).
Regarding Claim 14, Teatini discloses
A system comprising the endoscope of claim 1 (see rejection above) and a monitor (monitor M, FIGS. 13-14) connectable to the endoscope (par. 96 discloses monitor may be connected to endoscope).
Regarding Claim 15, Teatini discloses
An endoscope (endoscope 102, FIG. 4) comprising:
a handle (endoscope handle 100, FIG. 4) comprising a housing (handle housing 104 FIG. 4),
the housing comprising an internal space (receiving space 120, FIG. 4) and a central shaft hole (FIG. 6, par. 85 disclose central opening/ hole);
an insertion cord (insertion cord 112, FIGS. 13-14) extending distally from the handle (FIG. 13, par. 79 disclose insertion cord extends distally from handle),
the insertion cord comprising an insertion tube (insertion tube 114, FIGS. 13-14),
a bending section (actively bendable bending section 116, FIGS. 13-14), and
a tip unit (distal tip unit 118, FIGS. 13-14),
the tip unit including a housing (housing of distal tip unit 118, FIGS. 13-14) and an elevator (elevator element 160, FIGS. 13-14) pivotally connected to the housing (depicted in FIGS. 15-16);
a first steering wire (par. 85 discloses steering wire);
a first steering control assembly comprising a first steering controller (first operation unit 170, FIG. 7) and a first wire drum (wire drum 174, FIGS. 4, 7) connected to the bending section via the first steering wire (par. 85 discloses steering wire for bending the bending section of the insertion cord runs through wire drum),
the first steering controller being configured to receive a first user steering input and, responsive to the first user steering input, to rotate the first wire drum about a control axis to bend the bending section (par. 85 discloses operation units are control wheels which are accessible to a user/ operation, i.e. user steering input, to rotate the wire drums to bend the bending section; par. 86 discloses concentric and coaxial arrangement of the operations units; par. 31 discloses operation wheel, operation units and wire drums all rotate about the same axis);
a second steering wire (par. 85 discloses respective steering wires);
a second steering control assembly comprising a second steering controller (second operation unit 172, FIG. 7) and a second wire drum (second wire drum 174, FIGS. 4, 7) connected to the bending section via the second steering wire (par. 85 discloses respective steering wire for bending the bending section of the insertion cord runs through respective wire drum),
the second steering controller being configured to receive a second user steering input and, responsive to the second user steering input, to rotate the second wire drum about the control axis to bend the bending section (par. 85 discloses operation units are control wheels which are accessible to a user/ operation, i.e. user steering input, to rotate the wire drums to bend the bending section; par. 86 discloses concentric and coaxial arrangement of the operations units; par. 31 discloses operation wheel, operation units and wire drums all rotate about the same axis);
a base (surfaces/walls 122 + 124 + 126 + 128, FIGS. 4-7) at least partly positioned in the internal space of the housing (depicted in FIG. 6); and
an elevator wire (wire 154, FIG. 4) connected to the elevator (depicted in FIG. 13);
a toothed rack (wire wheel 146, FIG. 6) connected to the elevator wire (depicted in FIG. 4);
an elevator control lever (manually operable element 134, FIG. 4); and
an elevator drive gear (operation/ elevator wheel 140, FIG. 6) comprising a toothed portion (operation wheel gear portion 142, FIG. 6),
the elevator drive gear being connected to the elevator control lever and rotatably connected to the base and configured to rotate about the control axis responsive to actuation of the elevator control lever (FIGS. 4-7. par. 81 discloses operation wheel is rotatably mounted in handle housing, i.e. on sides/ walls),
the toothed portion of the elevator drive gear being configured to engage the toothed rack to translate the toothed rack and the elevator wire and thereby pivot the elevator between a raised position (second, raised, elevator position 164, FIG. 16) and a lowered position (first, lowered, elevator position 162, FIG. 15; FIG. 6, par. 81 discloses rotational input on the manually operable element results in rotation of the operation wheel, par. 82 discloses operation wheel gear portion has external teeth which mesh with external teeth of wire wheel, par. 84 discloses manual operation is transmitted via the operation wheel and the wire wheel, which are engaged to each other via external teeth, and the wire, which is engaged with the wire wheel at one end and to the elevator element at the other end, such that the elevator pivots from a lowered to a raised position),
the first wire drum being longitudinally interposed between the first steering controller and the elevator drive gear (FIGS. 4-5 depict wire drum being between operation wheel, extending towards operation units, par. 85 discloses operation units and wire drums are directly connected with one another while operation wheel is coaxially arranged with respect to that connection, i.e. wire drum extends between operation unit and at least part of operation wheel; FIG. 7, par. 86 discloses concentric and coaxial arrangement of the operations units, operation wheel and wire drums),
wherein the base comprises a first base part (rounded transition area 130, FIG. 4) and a second base part (side surfaces/walls 126, FIG. 6),
the first base part comprising a first casing (outlined in red in Modified FIG. 7-2 below) and an intermediate support sleeve (outlined in green in Modified FIG. 7-2 below),
the second base part comprising a second casing (inner shell surface of hollow cylindrical protrusion 176, FIG. 7) and a central shaft extending from the second casing and through the central shaft hole of the housing of the handle and through the intermediate support sleeve (par. 85 discloses shaft which connects to wire drums and extends through inner side of the opening and through the hollow cylindrical protrusion), and
wherein the first casing accommodates the first wire drum and the second casing accommodates the second wire drum (Modified FIG. 7-2 below depicts a casing and an intermediate support element that appear to be surrounding what could be a drum or at least where the area in which the drum is disposed, as consistent with FIGS. 4-5, i.e. first drum can be accommodated by the first casing circled in red; par. 31 discloses inner shell surface of hollow cylindrical protrusion accommodates wire drum).
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Modified FIG. 7-2 (US 20230157523 A1)
Regarding Claim 16, Teatini discloses
The endoscope of claim 15, wherein the second base part further comprises a gear bearing surface (outer shell surface of hollow cylindrical protrusion 176, FIG. 7) rotatably engaging the elevator drive gear and a rack bearing surface (cylindrical protrusion 148, FIG. 6) slidingly engaging the toothed rack (par. 25, 31 disclose outer shell surface of hollow cylindrical protrusion rotatably supports operation wheel; par. 82 discloses wire wheel is rotatably mounted on cylindrical protrusion).
Regarding Claim 17, Teatini discloses
The endoscope of claim 15, wherein the second wire drum is longitudinally interposed between the elevator drive gear and the first wire drum (par. 85-86 disclose concentric and coaxial arrangement of the operations units, operation wheel and wire drums; par. 85 discloses two coaxial wire drums, i.e. second drum can be interpreted as being between the first wire drum and the operation wheel).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teatini et al. (US 20230157523 A1, hereinafter Teatini) as applied to claim 1 above, and further in view of Maruyama (US 20110077461 A1).
Regarding Claim 4, Teatini discloses all of the elements of the current invention disclosed in claim 1, however, Teatini does not disclose wherein the base comprises a material comprising a lubricant.
Maruyama teaches an analogous operation unit (2, FIG. 2, i.e. handle) of an endoscope (depicted in FIG. 2). The operation unit (2) has a fixed wall (16, FIG. 1, i.e. base) attached to a fixed frame (9, i.e. internal space of housing), inside the endoscope, which is capable of having a lubricant (19) applied to its inner circumferential surface.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the base of Teatini with the lubricant of Maruyama in order to provide an assembly with lubrication which can reduce the amount of force necessary to rotate the elevator lever, as well as, enhance durability of the device [Maruyama 0046-0047].
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
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