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Claims 1-20 are pending, claims 1, 6, 7, 11 and 16 have been withdrawn from consideration, and claims 2-5, 8-10, 12-15, and 17-20 are currently under consideration for patentability under 37 CFR 1.104
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) 2-5, 12-15, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yabe et al. (U.S. 5,487,376).
With respect to claim 2 Yabe et al. teaches a reuse prevention tool comprising:
a cover (23) that covers at least one part of an endoscope accessory or an endoscope main body portion on an endoscope surface (FIG. 15 for example); and
a fixing portion (91/92) that fixes the cover to the endoscope surface in a state where a light guide (21) is exposed and connectable to an endoscope processor, and where an angle knob for bending an insertion portion of the endoscope is exposed and operable (FIG. 15),
wherein the cover is fixed to the endoscope surface by the fixing portion while allowing operation of the angle knob (FIG. 15).
With respect to claim 3, Yabe et al. teaches the cover inhibits removal of the endoscope accessory from the endoscope or prevents the endoscope from being reprocessed, by making the endoscope excessive in size relative to a treatment tank of an endoscope reprocessor (FIG. 15).
With respect to claim 4, Yabe et al. teaches the cover exposes an endoscope handle so that the endoscope handle is operable (FIG. 15).
With respect to claim 5, Yabe et al. teaches when the cover covers the endoscope accessory, the endoscope accessory is a suction button, an air/water feeding button, or a ventilation pipe sleeve (FIG. 15).
With respect to claim 12, Yabe et al. teaches An endoscope comprising the reuse prevention tool according to claim 2, wherein the reuse prevention tool is disposed on an endoscope main body, the endoscope accessory, and a surface of the endoscope accessory or the endoscope main body portion (FIG. 15).
With respect to claim 13, Yabe et al. teaches the cover inhibits removal of the endoscope accessory from the endoscope or prevents the endoscope from being reprocessed, by making the endoscope excessive in size relative to a treatment tank of an endoscope reprocessor (FIG. 15).
With respect to claim 14, Yabe et al. teaches the cover exposes an endoscope handle so that the endoscope handle is operable (FIG. 15).
With respect to claim 15, Yabe et al. teaches when the cover covers the endoscope accessory, the endoscope accessory is a suction button, an air/water feeding button, or a ventilation pipe sleeve (FIG. 15).
With respect to claim 17, Yabe et al. teaches the cover covers a button of the endoscope, and a side portion of the cover corresponding to the button comprises a material having flexibility sufficient to enable actuation of the button (10:23-40).
With respect to claim 18, Yabe et al. teaches a top surface of the cover, continuous with the side surface, comprises a rigid material (10:23-40).
With respect to claim 19, Yabe et al. teaches the cover is configured to cover each of a suction button and an air/water feeding button of the endoscope (FIG. 15).
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.
Claim(s) 8-10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yabe et al. (U.S. 5,487,376, hereinafter Yabe 376) in view of Yabe et al. (U.S. 5,545,121 hereinafter Yabe 121).
With respect to claim 8, Yabe 121 teaches the fixing portion comprises a pressurizing belt configured to prevent the cover from being misaligned from a predetermined site (11:21-25).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Yabe 376 to utilize tape because Yabe et al. teaches it is a known alternative means of fixing (11:21-25).
With respect to claim 9, this is considered product by process.
With respect to claim 10, Yabe 121 teaches the fixing portion comprises a fragile region (141c) that is more fragile than an adjacent region.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Yabe 376 to utilize perforations in order to distinguish the used state or unused state at a glance (11:15-20).
With respect to claim 20, Yabe 121 teaches the fixing portion is a pressurizing belt, and is wrapped around the endoscope surface so as to prevent the cover from being displaced relative to an endoscope button (11:21-25).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2 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.
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.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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