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 .
Response to Amendment
In response to the amendment filed on 02/23/2026, Claims 13-22, 29, 30, and 39-44 have been cancelled, and Claims 1-12, 23-28, and 31-38 are pending.
Election/Restrictions
Applicant’s election WITHOUT traverse of GROUP I, Species B in the reply filed on 02/23/2026 is acknowledged. Claims 2-10, 12, 23, 24, 28, and 31-38 have been withdrawn from further consideration and claims 1, 11, 25-27 are pending.
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.
Claim 27 is 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 27 recites the limitation "the lumen" in Line 3. There is insufficient antecedent basis for this limitation in the claim. It appears that Applicant has positively recited an instrument lumen in Claim 26, however it is unclear whether Applicant is referring to the instrument lumen of Claim 26 and it is noted that Claim 27 depends on Claim 25 but no lumen is claimed in Claim 25.
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.
Claim(s) 25-27 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US PGPub 2017/0105726).
Regarding Claim 25, Smith teaches an apparatus for endoscopically retracting tissue (Figures 10A-10B, Figure 12), the apparatus comprising:
a sleeve (1016; Figures 10A-10B) adapted to be slid over the exterior of an endoscope (1010; Figures 10A-10B; Paragraph 0068); and
a tensioning tool (1022/1024; Figures 10A-10B; Paragraph 0069) extending through the sleeve (1016; Figures 10A-10B) and configured to be secured to tissue which is to be retracted (Paragraph 0071).
Regarding Claim 26, Smith teaches the apparatus according to claim 25 wherein the sleeve (1016) comprises at least one instrument lumen (see Figures 10A-10B in which the tensioning tool 1022/1024 extends through sleeve 1016, but also, alternatively the instrument lumen can be 1027 as disclosed in Paragraph 0068), and further wherein the tensioning tool (1022/1024) is passed through the at least one instrument lumen for retracting tissue (see Figures 10A-10B; Paragraph 0068).
Regarding Claim 27, Smith teaches the apparatus according to claim 25 further comprising an endoscope (1010; Figures 10A-10B), wherein the diameter of the endoscope (1010) is smaller than the diameter of the lumen (See 112(b) rejection above) so that a space exists between the sleeve (1016) and the endoscope (1010), and wherein the tensioning tool is passed through the space for retracting tissue (while this is not clearly shown in Figures 10A-10B, this limitation is clearly shown in Figures 12A-12B and described in Paragraph 0077, as well as in Figures 16A-16D).
Regarding Claim 11, teaches the apparatus according to Claim 25, wherein the sleeve (1016) further comprises at least one push tube (1027; Figure 10A-10B as disclosed in Paragraph 0071).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US PGPub 2017/0105726) as applied to claim 25 above, and further in view of Terluic (US PGPub 2009/0227835).
Regarding Claim 1, Smith teaches the apparatus according to claim 25, but wherein the dock (1016) can act as a stabilizing anchor (Paragraph 0071) however Smith fails to disclose wherein the apparatus further comprises balloon is mounted to the sleeve.
Terluic teaches an endoscopic tool (abstract) comprising a sleeve (104; Figure 4A; Paragraph 0053) slidably disposed (Paragraph 0054) over an endoscope (101; Figure 4A; Paragraph 0053), wherein the sleeve (104) comprises a lumen (104; Figure 4A; Paragraph 0064) in which a tool (116; Figure 4A) extends, wherein the sleeve (104) comprises a balloon (103; Figure 4A; Paragraph 0056) mounted to the sleeve (104; Figure 4A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the dock/sleeve of Smith such that the sleeve includes a balloon mounted thereto, as taught by Terluic, for the advantage of anchoring the endoscope within a patient during a tissue retraction taught by Smith (Paragraph 0060; Terluic)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED GAMIL GABR whose telephone number is (571)272-0569. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at (571) 270-5953. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED G GABR/Primary Examiner, Art Unit 3771
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