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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney et al. (US 2005/0272975) in view of Kimura (JP H09294713) (citations for Kimura from translation provided herewith).
All citations from a human-assisted machine language translation are provided herewith.
Regarding claim 1, McWeeney teaches:
An endoscope (endoscope 3124, see Fig. 1-4), comprising:
a housing (housing 3220, see Figs. 42, 43A, 43B) provided with a first mounting hole (opening provided in device, see Fig. 42) that is in communication with inside and outside of the housing; a knob device comprising a first pulley, a second pulley, a first knob and a second knob, the first pulley (outer pulley 3290, see Fig. 42) and the second pulley (inner pulley 3288, see Fig. 42) being rotatably mounted in the housing, the first knob (control knob 3284, see Fig. 42) and the second knob (control knob 3280, see Fig. 42) being located outside the housing, the first pulley extending out of the housing through the first mounting hole (inner pulley 3288 extends past the housing connected to the control knobs, see Fig. 42), and wherein a first through hole extends through the first pulley (throughbore 3358, see Fig. 42), the second pulley extends out of the housing through the first through hole (outer pulley 3290 extends past the first-through hole to connect to the control knobs, see Fig. 42); and wherein the first knob is sleeved on the first pulley, and the second knob is stacked on the first knob and sleeved on the second pulley (first control knob 3284 sleeved on first pulley 3290 and second control knob 3280 stacked on top of first control knob 3284 and sleeved on second pulley 3288, see Fig. 42). Additionally, McWeeney does disclose a first braking assembly wherein the first braking assembly (3340,3344,3350, Fig.42, [0173]) is disposed between the first pulley and the housing (Fig.42), and configured to brake the first knob or the first pulley and a bending section located outside the housing, and connected to the first pulley through a pulling wire (steering wires 3204 extend to the distal bending section 3184, see Figs. 33-34, 42). Although McWeeney does substantially disclose all of the features related to the first braking assembly above, he does not disclose a second braking assembly disposed on the side of the second knob facing away from the first knob and configured to brake the second knob or second pulley.
Kimura discloses a similar endoscope bending mechanism comprising a first braking assembly for the first knob, but additionally teaches disposing a second braking assembly on a side of the second knob (vertical braking assembly described in paragraphs [0068]-[0069] and second braking assembly described in paragraphs [0070]-[0071]) configured to brake the second knob or the second pulley (the left/right braking lever 63 is rotated so that the second brake plate 61 moves downward, where the second friction body 62 fixed to second brake plate 61 moves upward together and is pressed against the upper surface of the left/right bending knob 20 and restricting the rotation of the left-right bending knob 20, paragraph [0070]). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McWeeney’s endoscopic device to include Kimura’s double breaking mechanism. Such a modification would allow for bending restriction in four directions rather than two directions as is disclosed by Kimura and is known in the art.
Regarding claim 2, McWeeney as modified teaches:
An endoscope, wherein the first braking assembly comprises: a first fixed frame (lock mechanism 3340, see Figs. 42, 43A, 43B); a first braking button (lever 3344, see Fig. 42); and at least two first braking members (lever member 3350 and pulley member 3354) slidably disposed on the first fixed frame, wherein the first fixed frame is positioned on the housing (lock mechanism 3340 is housed on top of the handle housing pre-assembly); the first braking button is sleeved outside the first fixed frame; and when the first braking button is rotated, the first braking button is configured to push the first braking member to slide to hold the first knob or the first pulley tightly (lever 3344 rotates by the movement of lever member 3350 from the unlocked position to the locked position, paragraph [0173], see Fig. 42).
Regarding claim 3, McWeeney as modified teaches:
The endoscope wherein the first fixed frame is provided with a first working chamber into which the first pulley extends (outer pulley 3288 extends inside the housing 3320, paragraph [0173]); the first knob extends into the first working chamber and is sleeved on the first pulley (first control knob 3284, see Fig. 42); and when the first braking button rotates, the first braking button is configured to push the first braking member to extend into the first working chamber and hold the first knob tightly (lever 3344 rotates by the movement of lever member 3350 from the unlocked position to the locked position and causes frictional engagement with the inside of housing 3320 to lock the distal end into a position, paragraph [0173], see Fig. 42).
Regarding claim 4, Kimura teaches:
An endoscope wherein the knob device further comprises a first bracket disposed in the housing (central shaft 22 fixed inside the operating portion 3 according to the third embodiment); a second through hole extends through the second pulley; the first bracket extends through the second through hole and extends out of the housing (top and bottom bending sprockets 25 and curved sleeves 26/27 constitute the pulley mechanism where the curved sleeve 26 features a hole for joining to the central shaft 22 which extends out of operating portion 3, paragraphs [0060]-[0062]. see Fig. 7); and the second braking assembly is mounted on the first bracket (second braking assembly of braking plate 61 is attached to the central shaft 22 via male screw portion 22a, paragraph [0065], see Fig. 7). The Examiner notes that a bracket is commonly understood to be a structural component to support one or more parts to ensure stability as is known in the art.
Regarding claim 5, Kimura teaches:
An endoscope wherein the second braking assembly comprises: a second fixed frame (disk-shaped second braking plate 61, paragraph [0065], see Fig. 7); a second braking button (left/right bending braking lever 63); and at least two second braking members slidably disposed on the second fixed frame (second friction body 62 fixed to the lower surface with adhesive, pins, etc.), wherein the second fixed frame is positioned on the first bracket (second plate fixed to the central shaft 22); the second braking button is sleeved outside the second fixed frame (braking lever 63 is fixed to the upper part of the frame); and when the second braking button rotates, the second braking button is configured to push the second braking member to slide to hold the second knob or the second pulley tightly (when a rotation that moves the second braking plate 61 downward is applied to the left-right bending braking lever 63, the second friction body 62 fixed to the second braking plate 61 presses against the upper surface of the left-right bending knob 20, and a frictional resistance force is generated between the upper surface of the left-right bending knob 20 and the lower surface of the second friction body 62, thereby restricting the rotation of the left-right bending knob 20). The Examiner interprets the second braking member to be the pin or attachment member that is essential for the friction body to function as is seen in the previous first braking assembly as disclosed by Kimura.
Regarding claim 6,
McWeeney as modified teaches the claimed invention substantially as stated above.
Kimura does not explicitly teach an endoscope wherein the first bracket is provided with a first fixing hole extending therethrough; the second braking button is provided with a second fixing hole corresponding to the first fixing hole; a fastener is inserted into the first fixing hole and the second fixing hole, so that the second braking button is rotatably mounted on the first bracket. However, Kimura does teach that the second braking button is mounted on the first bracket indirectly via the second fixed frame (second braking plate 61 has a screw portion 61a that is screwed onto the central shaft via a male screw and the left/right bending braking lever 63 is attached to the second braking plate 61, paragraph [0065]-[0066]) which forms a unitary structure using screws. In addition, the second braking button is rotatably mounted on the intermediate structure (rotating the left/right bending braking lever 63 moves the second braking plate 61 up and down relative to the central shaft 22, paragraph [0070]). At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Kimura’s indirect attachment to a direct attachment with the first bracket because Applicant has not disclosed that fastening the second braking button directing to the first bracket provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with Kimura’s central shaft 22, which provides a fixed support for the mounted button because both the bracket and shaft act as a supporting structure between the housing and the movable assembly, supporting attached components with the only difference being Kimura’s intermediate braking plate.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney et al. (US 2005/0272975) in view of Kimura (JP H09294713) in further view of Wimmer (US 6383132 B1).
Regarding claim 8,
McWeeney as modified discloses the invention substantially as stated above.
McWeeney does not explicitly teach an endoscope, further comprising: a gas-water valve and a distal tip disposed on the bending section, wherein the gas-water valve is embedded in the housing; a first coupling part is disposed on an inner wall of the housing; the gas-water valve is provided with a second coupling part that is engaged with the first coupling part. Wimmer teaches an endoscope, further comprising: a gas-water valve (front air and water valve with piston 9, Col. 3 Lines 24-28, see Fig. 1); and a distal tip disposed on the bending section (flexible movable shaft 3 at the distal end of the endoscope with a head, Col. 3 Lines 15-20), wherein the gas-water valve is embedded in the housing (see Fig. 2); a first coupling part is disposed on an inner wall of the housing (channel inlets 19, see Fig. 2); the gas-water valve is provided with a second coupling part that is engaged with the first coupling part (valve module 7 with sealing points 17 is inserted in a complimentary recess 25 with channel inlets 19 at the proximal end of endoscope housing 1, see Fig. 1-2). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McWeeney’s endoscopic device to include Wimmer’s gas-water valve. Such a modification would allow for endoscopes to incorporate the feature of rinsing the instrument during treatment via the gas-water valve as disclosed by Wimmer (Col. 2 Lines 34-40).
Regarding claim 9,
McWeeney as modified discloses the invention substantially as stated above. McWeeney does not explicitly teach the negative pressure valve feature disclosed in Claim 9. Wimmer teaches an endoscope further comprising a negative pressure valve embedded in the housing (aspiration valve with piston 13, Col. 3 Lines 24-28), wherein a third coupling part is disposed on an inner wall of the housing; and the negative pressure valve is provided with a fourth coupling part that is engaged with the third coupling part (valve module 7 with sealing points 21 is inserted in a complimentary recess 25 with channel inlets 23 at the proximal end of endoscope housing 1, see Fig. 1-2). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McWeeney’s endoscopic device to include Wimmer’s aspiration valve. Such a modification would allow for endoscopes to incorporate the feature of siphoning off secretions, solid material, blood, water, and other fluids from the distal end as disclosed by Wimmer (Col. 2 Lines 34-40).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney et al. (US 2005/0272975) in view of Kimura (JP H09294713) in further view of Wimmer (US 6383132 B1) and Goodman (US 4567880).
Regarding claim 10,
McWeeney as modified discloses the invention substantially as stated above. He does not disclose an endoscope further comprising a three-way valve, wherein the inner wall of the housing is provided with a fifth coupling part; the three-way valve is provided with a sixth coupling part that is engaged with the fifth coupling part; the three- way valve is provided with a first port, a second port and a third port that are in communication with one; the first port is in communication with the negative pressure valve; the second port is configured to be in communication with a device channel valve; and the third port is configured to be in communication with a device channel of the distal tip. Goodman discloses an endoscope further comprising a three-way valve (valve unit 46 with irrigation, closed, and drainage potions, Col. 6 Lines 1-7), wherein the inner wall of the housing is provided with a fifth coupling part; the three-way valve is provided with a sixth coupling part that is engaged with the fifth coupling part; the three- way valve is provided with a first port, a second port and a third port that are in communication with one another (valve unit ports 78, drainage 80, and passage 82 intermediate connect to interior and are selectable by rotation, Col. 6 Lines 7-15); the first port is in communication with the negative pressure valve (communication between port 80 and port 82, see Figs. 2, 4-5); the second port is configured to be in communication with a device channel valve (communication between port 78 and 82, see. Figs. 2, 4-5); and the third port is configured to be in communication with a device channel of the distal tip (bridge port 82 communicates to bore 60 and aperture 44 which leads to the internal channel of the endoscope, see Figs. 2, 4-5). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McWeeney’s endoscopic device to include Goodman’s three-way valve. The inclusion of gas-water and negative pressure vales is well-known in the art as a method for removing substances that can significantly impair and limit visibility during surgical procedures (Col 2. Lines 9-17). Such a modification would allow minimize the substantial amounts of manipulation by operators thereof in order to effect irrigation and drainage as disclosed by Goodman (Col 2 Lines 29-35).
Allowable Subject Matter
Claim 7 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takahashi (US 4078555) discloses a control device for the flexible distal tip of an endoscope. Opie et al. (US 4825480) discloses a contamination protection system for endoscope handles. Scutti et al. (US 20230157521 A1) discloses medical valves used in endoscopic devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER NGUYEN whose telephone number is (571)272-0127. The examiner can normally be reached Monday - Friday 7:30am - 5:00pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PETER NGUYEN/Examiner, Art Unit 3795
/JOHN P LEUBECKER/Primary Examiner, Art Unit 3795