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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see discussion of this figure in paragraphs [0019] and [0020]. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 1-12 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.
Claim 1 recites a method step of “when the therapeutic endoscope is used by a user, the third opening is configured to face a right hand side or a left hand side of the user”. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)). In addition, it is not clear how the third opening is “configured” in order to allow it to face a right hand side or a left hand side of the user. It appears that the structural nature of the third opening itself has nothing to do with its orientation with respect to a user direction.
Claim 3 recites a method step of “when the therapeutic endoscope is used by a user, the therapeutic endoscope is moved along the first direction to place the second opening in an orifice of a patient”. Claim 3 ultimately depends from apparatus claim 1 and thus inherently incorporates the limitations therefrom. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)).
Claim 5 recites a method step of “when the therapeutic endoscope is used with a medical device, the medical device is inserted into the cover through the third opening of the cover along the second direction, and stuck out from the second opening of the cover”. Claim 5 ultimately depends from apparatus claim 1 and thus inherently incorporates the limitations therefrom. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)). Furthermore, the indefiniteness of this claim makes it unclear whether the “medical device” is intended to be claimed in combination with the therapeutic endoscope or not. For the purposes of examination, the combination will not be assumed.
Claim 9 recites a method step of “when the cover is attached to the therapeutic endoscope used by a user, the third opening is configured to face a right hand side or a left hand side of the user”. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)). Furthermore, the indefiniteness of this claim makes it unclear whether the “therapeutic endoscope” is intended to be claimed in combination with the cover or not. For the purposes of examination, the combination will not be assumed. In addition, it is not clear how the third opening is “configured” in order to allow it to face a right hand side or a left hand side of the user. It appears that the structural nature of the third opening itself has nothing to do with its orientation with respect to a user direction.
Claim 11 recites a method step of “when the therapeutic endoscope is used by a user, the therapeutic endoscope is moved along the first direction to place the second opening in an orifice of a patient”. Claim 11 ultimately depends from apparatus claim 9 and thus inherently incorporates the limitations therefrom. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)). Furthermore, the indefiniteness of this claim makes it unclear whether the “therapeutic endoscope” is intended to be claimed in combination with the cover or not. For the purposes of examination, the combination will not be assumed.
Claim 12 recites a method step of “when the cover is attached to the therapeutic endoscope, an image sensor unit, the first opening, and the second opening are sequentially arranged along the first direction”. Claim 12 ultimately depends from apparatus claim 9 and thus inherently incorporates the limitations therefrom. A single claim which claims both an apparatus and method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (see MPEP 2173.05(p)(II)). Furthermore, the indefiniteness of this claim makes it unclear whether the “therapeutic endoscope” and “image sensor unit” is intended to be claimed in combination with the cover or not. For the purposes of examination, the combination will not be assumed.
Dependent claims inherit those defects.
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)(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) 1-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Keogh et al. (US 2022/0167841, hereinafter “Keogh”).
As to claim 1, Keogh discloses a therapeutic endoscope, comprising:
a main body (holder 50, Figs.1-3, analogous to holder (not numbered) shown in Fig.48);
an image sensor unit (probe 5, Figs.1-3,48, fitted with a camera 6, [0202]) connected to the main body (Fig.3,48); and
a cover (speculum 51, Figs.1-3,48) attached to the main body (shown attached in Figs.2,48), the cover including a first opening adjacent to the image sensor unit (opening 13, Fig.3), a second opening opposite to the first opening (opening 15, Fig.3), and a sidewall extending between the first opening and the second opening (wall 11, Fig.3);
wherein the sidewall of the cover includes a third opening connecting with the first opening and the second opening (speculum 51 can include a cutaway portion 68, Fig.16 (b)-(c),48, which extends from the first opening 13 to the second opening 15, thus connecting them, [0224]), and
wherein when the therapeutic endoscope is used by a user, the third opening is configured to face a right hand side or a left hand side of the user (depending on where a user is positioned with respect to the device of Keogh, the third opening is capable of facing a right hand side or a left hand side of the user).
As to claim 2, wherein the cover tapers along a first direction (tapers from wider to narrower in direction of central longitudinal axis of the speculum 51, Figs,3,48) and the third opening faces a second direction substantially perpendicular to the first direction (third opening 68 faces at least radially outwardly from and thus perpendicularly to the first direction, Fig.16(b),48).
As to claim 3, wherein when the therapeutic endoscope is used by the user, the therapeutic endoscope is moved along the first direction to place the second opening in an orifice of a patient (the entire device of is capable of being moved in any direction, including the first direction, and capable of being inserted into an orifice of a patient, as shown in Fig.28).
As to claim 4, wherein the main body includes a handle extending along a third direction substantially perpendicular to the first direction and the second direction (as shown in annotated figure below).
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As to claim 5, wherein when the therapeutic endoscope is used with a medical device, the medical device is inserted into the cover through the third opening of the cover along the second direction, and stuck out from the second opening of the cover (since the third opening extends to the second opening, a medical device is capable of being inserted through the third opening to extend past the second opening by nature of these openings being open space).
As to claim 6, wherein the image sensor unit is disposed outside of the cover (probe 5 is disposed outside the cover 51, as shown in Fig.48).
As to claim 7, wherein an imaginary central axis of the first opening and the second opening passes through the image sensor unit (depending on which probe and probe holder is used, the central axis of both the first and second openings will pass through the image sensor unit 5, see for example, Figs.2,25,33,37,41,42,47(a)-(c),48,49).
As to claim 8, wherein the image sensor unit, the first opening, and the second opening are sequentially arranged along the imaginary central axis (as shown in annotated figure below).
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As to claim 9, Keogh discloses a cover for a therapeutic endoscope, comprising:
a first opening (opening 13, Fig.3);
a second opening opposite to the first opening (opening 15, Fig.3); and
a sidewall extending between the first opening and the second opening (wall 11, Fig.3), wherein the sidewall includes a third opening connecting with the first opening and the second opening (speculum 51 can include a cutaway portion 68, Fig.16(b)-(c), 48, which extends from the first opening 13 to the second opening 15, thus connecting them, [0224]),
wherein when the cover is attached to the therapeutic endoscope used by a user, the third opening is configured to face a right hand side or a left hand side of the user (depending on where a user is positioned with respect to the device of Keogh, the third opening is capable of facing a right hand side or a left hand side of the user).
As to claim 10, wherein the cover tapers along a first direction (tapers from wider to narrower in direction of central longitudinal axis of the speculum 51, Figs,3,48) and the third opening faces a second direction substantially perpendicular to the first direction (third opening 68 faces at least radially outwardly from and thus perpendicularly to the first direction, Fig.16(b),48).
As to claim 11, wherein when the therapeutic endoscope is used by the user, the therapeutic endoscope is moved along the first direction to place the second opening in an orifice of a patient (the entire device of is capable of being moved in any direction, including the first direction, and capable of being inserted into an orifice of a patient, as shown in Fig.28).
As to claim 12, wherein when the cover is attached to the therapeutic endoscope, an image sensor unit, the first opening, and the second opening are sequentially arranged along the first direction (image sensor unit, first opening and second opening are capable of being sequentially arranged as shown in annotated figure above with respect to claim 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references cited on PTO-892. Of particular relevance is US 2009/0171162 to Bakhtyari-Nejad-Esfahani, which shows speculum device with a tapered shape, proximal and distal openings and a third opening in the wall connecting with the proximal and distal opening (e.g. Fig.6).
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.
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 T 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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/JOHN P LEUBECKER/ Primary Examiner, Art Unit 3795