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 .
Claim Objections
Claims 6 and 8 is objected to because of the following informalities: as to claim 6, phrase “The tissue sampling device of claim 5, upper surface…” should be “The tissue sampling device of claim 5, whereby the upper surface…”; in claim 8, one occurrence of “whereby the” should be deleted. Appropriate correction is required.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayer (US 2007/0293720).
As to claim 1, Bayer discloses a tissue sampling device, comprising:
a tubular member (tube 112/120, Fig.7) having a first end (end at handle 18, Fig.1) and second end (distal end 16, Fig.1, not labeled but also shown in Fig.7);
a handle (handle 18, Fig.1) disposed on a first end of the tubular member;
a channel (longitudinal channel 22, Fig.3) disposed through a portion of the tubular member ([0029]);
the tubular member comprising a bend of greater than 100 degrees (tube 120 comprises a bend of up to 180 degrees, Fig.7), and
an image capturing device (imaging unit 158, Fig.7, [0064]) and a light source (light source 145, incorrectly referenced as 147 in Fig.7, [0066]) provided on the second end (distal end of the tubular member (Fig.7).
As to claim 2, the bend is between approximately 100 degrees to 110 degrees (the bent portion of 120, Fig.7, comprises a range from 0 to 180 degrees, which includes a bend of 100 to 110 degrees).
As to claim 3, the second end (distal end) of the tubular member comprises a substantially flat end (distal end 16, show on analogous tube 12 in Fig.3, is substantially flat).
As to claim 4, the second end further comprises a lower extending segment (tube 120, Fig.7) that extends past the flat end (shown to extend past end 16, Fig.3, 7).
As to claim 5, the lower extending segment comprises an upper surface (one side of tube 120), an underside surface (opposite side of tube 120) and an end surface (flat surface which comprises imaging unit 158 and light source 147, Fig.7).
As to claim 6, the upper surface of the extending segment is substantially orthogonal to the flat end of the second end of the tubular member (tube 120, including the upper surface, extends orthogonally to distal end 16, Figs.3,7).
As to claim 7, the end surface of extending segment comprises a video chip (imaging unit 158 includes an electronic imaging sensor 60, Fig.4, [0043]).
As to claim 8, he whereby the end surface of extending segment comprises a light source (light source 147 in Fig.7, described as light source 145 in spec, [0051]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references cited on PTO-892, which show certain features described in the claims. Of particular relevance is US 2016/0287273 to Honda and US 2018/0333044 to Jenkins, which shows an endoscope with a imaging unit at the end face of an extending segment (Fig.1 in Honda, Figs.1D,1E of Jenkins); and US 2018/0085545 to Maslow, which shows various curvatures for a bend in an endoscope shaft (e.g. Fig.4B).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P LEUBECKER whose telephone number is (571)272-4769. The examiner can normally be reached Generally, M-F, 5:30-2:00.
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/JOHN P LEUBECKER/Primary Examiner, Art Unit 3795
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