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
In the present application, Claims 1-10 and 12-21 are currently pending. Claim 11 has been canceled. Claims 4, 6, 8-9, 12-14, 16, 19, and 21 have been amended.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Base unit in claims 1 and 20, which has structural support illustrated in Figs. 1, 4, 5, and described in the specification in the following paragraphs:
[page 6 lines 24-32] stating, “The action of disengaging the interlock member may include operating one or more controls provided on the base unit: for example, pressing or more buttons on the base unit. Disengaging the interlock member may be performed mechanically or may be performed in response to an electrical control signal (e.g. from a control module of the base unit).”
[page 8 line 34 – page 9 line 2 ] stating, “Accordingly, the base unit may comprise a source of insufflation gas. For example, the base unit may comprise an internal compressed gas cylinder or other gas source. … For example, the base unit may be configured for connection to an external compressed gas cylinder, to a hospital gas supply, or to another suitable external gas source.”
[page 9 lines 19-36] stating, “For example, the base unit may comprise an internal irrigation liquid reservoir. Alternatively, or additionally, a separate source of irrigation liquid may be provide, external to the base unit.”
[page 13 lines 14-16] stating, “Fig. 4 is a perspective linen drawing of a portion of a base unit forming a part of an imaging endoscope system according to an embodiment of the present invention, showing in particular the base unit connector.”
[page 13 lines 29-31] stating, “The system includes a base unit 2 that is intended to be re-usable. Umbilical section 4 releasably connects the base unit 2 and hand controller 6 via a connection system 8 comprising an umbilical section connector 9 and a corresponding base unit connector 11….”
[page 15 lines 4-7 ] stating, “Accordingly, the base unit comprises a source of insufflation gas 26 – here, conveniently provided as a internal compressed gas cylinder located inside the base unit 2. The source of insufflation gas is connected to the base section connection 11 via a first gas line 28.”
[page 18 lines 3-35] stating, “Fig. 4 is a perspective line drawing of a portion of the base unit including the base unit connector 11. The base unit connector comprises the base unit connector body 55. The base unit connector body is partially recessed into the base unit to thereby provided an engagement recess 56 configured to receive the engagement portion 44 of the umbilical section connector. As described above, the engagement recess 56 has a flattened circle shape, thereby allowing for keyed engagement of the base unit connector and the umbilical section connector. The base unit connector body 55 further comprises a collar portion 58 which extends outwardly from the base unit, and is arranged to surround the umbilical section connector when it is engaged with the base unit connector.
[page 18 line 36-38] “Fig. 5 is a cross-section through a part of the base unit, showing the interaction between he umbilical section pneumatic connector portion 52, and the base unit pneumatic connector portion 66.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-6, 8-10, 12, 14, 16, and 19-21 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 the limitation "the base unit connector" in line 12. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 2 recites the limitation "the base unit connector" twice in lines 2 and 5. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 2 recites the term “substantially” in line 4, which is a relative term and renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the term “substantially” renders the term “connect substantially simultaneously” indefinite because it is unclear whether the umbilical section connector and the base unit connector connect simultaneously or whether there is a degree of lag time between the base unit connector and the umbilical section connector. It is suggested to amend the limitation by omitting the term “substantially.” Appropriate correction is required.
Claim 3 recites the limitation "the base unit connector" twice in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 4 recites the limitation "the base unit connector" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 5 recites the limitation "the base unit connector" twice in lines 2 and 3-4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 6 recites the limitation "the system" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim as follows, “The imaging endoscope system according to claim 1, further comprises….’ Appropriate correction is required.
Claim 6 recites the limitation "the base unit connector" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 8 recites the limitation "the base unit connector" twice in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 9 recites the limitation "the base unit connector" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 1 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 10 recites the limitation "the first and second arrays of electrical contacts" twice in lines 1-2 and 2-3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitations to state, “the first array of electrical contacts and the corresponding second array of electrical contacts.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 12 recites the limitation "the first and second arrays of electrical contacts" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitations to state, “the first array of electrical contacts and the corresponding second array of electrical contacts.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 12 recites the term “substantially” in line 3, which is a relative term and renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the term “substantially” renders the term “substantially symmetrically” indefinite because it is unclear how symmetrical the first array of electrical contacts and the corresponding second array of electrical contacts are distributed on an engagement face. It is suggested to amend the limitation by omitting the term “substantially.” Appropriate correction is required.
Claim 12 recites the limitation "the first and second arrays of electrical contacts" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitations to state, “the first array of electrical contacts and the corresponding second array of electrical contacts.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 12 recites the limitation “an engagement face of their respective connector.” The limitation is unclear which connector Applicant is referencing or whether claim 12 is introducing a new distinct connector. Claim 9, which claim 12 directly depends from, introduces the base unit connector and the umbilical section connector. However, neither claim 9 or claim 12 clearly identifies whether an engagement face is located on the base unit connector or the umbilical section connector, or whether the umbilical section connector and the base unit connector each have their own individual engagement faces. Therefore the limitation is unclear and renders the claim indefinite. It is suggested to amend claim 12 as follows: “…wherein the first array of electrical contacts are symmetrical on a first engagement face of the umbilical section connector; wherein the corresponding second array of electrical contacts are symmetrical on a second engagement face of the base unit connector. Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 14 recites the limitation "the system" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim as follows, “The imaging endoscope system according to claim 1, further comprises….’ Appropriate correction is required.
Claim 16 recites the limitation "the endoscope system" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the claim as follows, “The imaging endoscope system according to claim 1, further comprises….’ Appropriate correction is required.
Claim 19 recites the limitation “a region of tissue of interest during an endoscopy procedure” in line 4. However claim 16, which claim 19 directly depends from, also introduces the limitation “a region of tissue of interest during an endoscopy procedure” in lines 7-8. Therefore it is unclear whether claim 19 is introducing a new separate ‘region of tissue or interest during a new and separate endoscopy procedure’ or simply referencing the same region of tissue of interest during the same endoscopy procedure previously identified in claim 16. It is suggested to amend the limitation in claim 19 to state, “the [[an]] region of tissue of interest during the [[an]] endoscopy procedure.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 20 recites the limitation "the base unit connector" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 20 line 10 to state, “a base unit connector.” Appropriate correction is required.
Claim 21 recites the limitation "the base unit connector" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the corresponding base unit connector.” Examiner is interpreting the limitation as such. Alternatively, Applicant could amend the limitation in claim 20 line 10 to state, “a base unit connector.” Appropriate correction is required.
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.
(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.
Claims 1-10, 12-15, and 20-21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Watanabe et al. (US8568301) hereinafter Watanabe.
Regarding Claim 1, Watanabe discloses an imaging endoscope system (Fig. 1 endoscope apparatus 1) comprising:
a base unit (Fig. 1 control section 3 - Examiner’s Note: As previously stated above in the claim interpretation section, base unit is being interpreted as a reuseable portion of an endoscope system which controls the electrical power and fluids to the endoscope handle via an attachment of an umbilical cord.);
a hand controller (Fig. 1 operation section 5);
an umbilical section (Fig. 1 universal cord 6) for releasably connecting the base unit (Fig. 1 control section 3) and the hand controller (Fig. 1 operation section 5);
an insertion section (Fig. 1 insertion portion 4) having a proximal end (near reference numeral 5 of Fig. 1) connected to the hand controller (Fig. 1 operation section 5) and a distal end (Fig. 1 distal end portion 7) for insertion into a subject ([col. 2 lines 56-67] “The endoscope apparatus 1 of the present embodiment has a configuration which optically picks up an image of a predetermined observation site in an object to be examined such as a human body, … The endoscope 2 is configured by mainly including an insertion portion 4 which can be introduced into a body of an object to be examined….”)
wherein the base unit (Fig. 1 control section 3) is configured for provision of electrical power ([col. 3 lines 26-36] “More specifically, in the present embodiment, the image pickup apparatus is operated by electric power and a drive signal which are inputted via the electric cable from the control section 3, and outputs a video signal to the control section 3 via an electric cable.”) and one or more fluids ([col. 3 lines 45-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”) to the insertion section (Fig. 1 insertion portion 4) via the umbilical section (Fig. 1 universal cord 6) and the hand controller (Fig. 1 operation section 5), and
wherein the umbilical section (Fig. 1 universal cord 6) comprises an umbilical section connector (Figs. 4-6,8-17 Plug section 31) configured to be releasably engageable with a corresponding base unit connector (Figs. 7-18 receptacle 32) via a single connection action([col. 7 lines 35-48] “The present embodiment has the configuration in which the plug section 31 which is a so-called male side connector in a substantially convex shape is inserted into the receptacle section 32 which is a so-called female side connecter in a substantially concave shape, whereby the electric circuits, the optical fiber cables, and the conduits which are placed in the endoscope 2 are collectively connected to the control section 3.”) to make at least one mechanical connection (via ball 67 and flange portion 35), at least one electrical connection (via electrical portion 40 and light guide plug 33 through ground contact point 55 and first electrical circuit lands 43/second electrical circuit lands 44), and at least one fluid connection (via conduit plug 34 [col. 11 lines 18-25] )between the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) during said single connection action ([col. 7 lines 35-48] insertion of plug section 31 into receptable 32).
Regarding Claim 2, Watanabe discloses the imaging endoscope system according to claim 1 wherein the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) are configured such that at least one mechanical connector portion (via ball 67 and flange portion 35), at least one electrical connector portion (via electrical portion 40 and light guide plug 33 through ground contact point 55 and first electrical circuit lands 43/second electrical circuit lands 44), and at least one fluid connector portion (via conduit plug 34 [col. 11 lines 18-25] ) of the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) connect substantially simultaneously, when the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) are engaged with one another.
Regarding Claim 3, Watanabe discloses the imaging endoscope system according to claim 1 wherein one of the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) is a male connector, the other is a female connector ([col. 7 lines 35-48] “The present embodiment has the configuration in which the plug section 31 which is a so-called male side connector in a substantially convex shape is inserted into the receptacle section 32 which is a so-called female side connecter in a substantially concave shape, whereby the electric circuits, the optical fiber cables, and the conduits which are placed in the endoscope 2 are collectively connected to the control section 3.”) , and wherein mechanical connection is provided between the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) by mating of the male and female connectors ([col. 7 lines 35-48]).
Regarding Claim 4, Watanabe discloses the imaging endoscope system according to claim 1 wherein the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) are keyed to provide a single connection orientation ([col. 8 lines 50-57] “Further, a projection portion 45 which projects to outside in the radial direction is provided at the outer circumferential portion of the first housing 41. The projection portion 45 plays a role of a so-called key in the fitting mechanism, and is provided at a position corresponding to a groove portion 57 which is a key groove provided at the receptacle section 32 which will be described later.”).
Regarding Claim 5, Watanabe discloses the imaging endoscope system according to claim 4 wherein one of the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) has a part (fig. 4 near reference numeral 40) having a cross-sectional profile which is a flattened circle (Fig. 4 illustrates multiple flat surfaces on the round plug section in the insertion direction), and the other of the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) has a corresponding recess (Fig. 8 concave portion 63) also having a flattened circle shape (Figs. 7-9, 11-12, 14, 16, and 18 illustrates the round recess of receptable 32 corresponding to the flat surfaces of the plug section 31).
Regarding Claim 6, Watanabe discloses the imaging endoscope system according to claim 1 wherein the system comprises an interlock member (Figs. 7-18 urging member 68 and ball 67) configured to releasably lock the umbilical section connector (Figs. 4-6,8-17 Plug section 31) in an engaged position with respect to the base unit connector (Figs. 7-18 receptacle 32).
Regarding Claim 7, Watanabe discloses the imaging endoscope system according to claim 6 wherein the interlock member (Figs. 7-18 urging member 68 and ball 67) comprises a spring-biased latch (Figs. 7-18 urging member 68, [col. 12 lines 9-20] “In the present embodiment, the urging member 68 is a plate spring of a metal, and has a configuration which urges the ball 67 to a direction (inside in the radial direction) in which the ball 67 projects to an inside of the concave portion 63 from the side surface portion 65 of the shell 62 by an elastic force.”).
Regarding Claim 8, Watanabe discloses the imaging endoscope system according to claim 1 wherein the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) are configured to be disengaged by performance of at least one disengagement action (Fig. 2 [col. 5 lines 1-43] disengagement of at least one of connection cable 15, side plug 16, or side plug 17) that is not an action of manually moving the umbilical section connector (Figs. 4-6,8-17 Plug section 31) away from the base unit connector (Figs. 7-18 receptacle 32).
Regarding Claim 9, Watanabe discloses the imaging endoscope system according to claim 1 wherein the umbilical section connector (Figs. 4-6,8-17 Plug section 31) comprises a first array of electrical contacts (Figs. 4-5, 9, 11-12, 14, 16 First electrical contact lands 43, second electrical contact lands 44) configured for electrical engagement with a corresponding second array of electrical contacts (Figs. 7-18 first electrical circuit contact points 53, second electrical circuit contact points 54) provided on the base unit connector (Figs. 7-18 receptacle 32).
Regarding Claim 10, Watanabe discloses the imaging endoscope system according to claim 9 wherein one of the first and second arrays of electrical contacts (Figs. 7-18 first electrical circuit contact points 53, second electrical circuit contact points 54) comprises spring-loaded pins ([col. 13 lines 29-37] “In general, in order to cause the contact points and the lands to abut on one another in the connector with multiple pins, the plug section needs to be pushed in with the power corresponding to the number of contact points, but in the present embodiment, the plug section 31 is automatically drawn into the receptacle section 32 so that the contact points and the lands abut on each other by the propulsive force (arrow F3) which is generated by the urging force of the urging member 68.”), and the other of the first and second arrays of electrical contacts comprises terminal pads on a printed circuit board (PCB) (Figs. 4-5, 9, 11-12, 14, 16 First electrical contact lands 43, second electrical contact lands 44).
Regarding Claim 12, Watanabe discloses the imaging endoscope system according to claim 9, wherein the electrical contacts of the first (Figs. 4-5, 9, 11-12, 14, 16 First electrical contact lands 43, second electrical contact lands 44) and second arrays of electrical contacts (Figs. 7-18 first electrical circuit contact points 53, second electrical circuit contact points 54) are substantially symmetrically distributed on an engagement face of their respective connector (Figs. 4-5 illustrates lands 43/44 are on the curved surface of the round plug 31, while Fig. 7 illustrates points 53/54 are on the curved surface of the round recessed portion of section 32).
Regarding Claim 13, Watanabe discloses the imaging endoscope system according to claim 1 wherein the base unit (Fig. 1 control section 3) comprises a pressurized gas source ([col. 6 lines 17-27] “The air supply apparatus section 22 can have a configuration which discharges air with a predetermined pressure, such as an electrically-operated pump, a compressor or a bomb, and may have the configuration which is provided at an exterior of the endoscope apparatus 1.”).
Regarding Claim 14, Watanabe discloses the imaging endoscope system according to claim 1 wherein the system comprises an irrigation liquid reservoir ([col. 3 lines 46-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”).
Regarding Claim 15, Watanabe discloses the imaging endoscope system according claim 14 wherein the base unit (Fig. 1 control section 3) comprises means for pressuring the irrigation liquid reservoir ([col. 3 lines 46-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”). [col. 6 lines 17-27] “The air supply apparatus section 22 can have a configuration which discharges air with a predetermined pressure, such as an electrically-operated pump, a compressor or a bomb, and may have the configuration which is provided at an exterior of the endoscope apparatus 1.”).
Regarding Claim 20, Watanabe discloses a method for assembling an imaging endoscope system from a kit comprising:
a base unit (Fig. 1 control section 3- Examiner’s Note: As previously stated above in the claim interpretation section, base unit is being interpreted as a reuseable portion of an endoscope system which controls the electrical power and fluids to the endoscope handle via an attachment of an umbilical cord.);
a hand controller (Fig. 1 operation section 5);
an umbilical section (Fig. 1 universal cord 6) for releasably connecting the base unit (Fig. 1 control section 3) and the hand controller (Fig. 1 operation section 5);
an insertion section (Fig. 1 insertion portion 4) having a proximal end (near reference numeral 5 of Fig. 1) connected to the hand controller (Fig. 1 operation section 5) and a distal end (Fig. 1 distal end portion 7) for insertion into a subject ([col. 2 lines 56-67] “The endoscope apparatus 1 of the present embodiment has a configuration which optically picks up an image of a predetermined observation site in an object to be examined such as a human body, … The endoscope 2 is configured by mainly including an insertion portion 4 which can be introduced into a body of an object to be examined….”)
wherein the base unit (Fig. 1 control section 3) is configured for provision of electrical power ([col. 3 lines 26-36] “More specifically, in the present embodiment, the image pickup apparatus is operated by electric power and a drive signal which are inputted via the electric cable from the control section 3, and outputs a video signal to the control section 3 via an electric cable.”) and one or more fluids ([col. 3 lines 45-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”) to the insertion section (Fig. 1 insertion portion 4) via the umbilical section (Fig. 1 universal cord 6) and the hand controller (Fig. 1 operation section 5), and
the umbilical section (Fig. 1 universal cord 6) comprising an umbilical section connector (Figs. 4-6,8-17 Plug section 31) configured to be releasably engageable with a corresponding base unit connector (Figs. 7-18 receptacle 32);
wherein the method comprises connecting the umbilical section connector and the base unit connector in a single connection action ([col. 7 lines 35-48] “The present embodiment has the configuration in which the plug section 31 which is a so-called male side connector in a substantially convex shape is inserted into the receptacle section 32 which is a so-called female side connecter in a substantially concave shape, whereby the electric circuits, the optical fiber cables, and the conduits which are placed in the endoscope 2 are collectively connected to the control section 3.”) to thereby make at least one mechanical connection (via ball 67 and flange portion 35), at least one electrical connection (via electrical portion 40 and light guide plug 33 through ground contact point 55 and first electrical circuit lands 43/second electrical circuit lands 44), and at least one fluid connection (via conduit plug 34 [col. 11 lines 18-25] )between the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) in said single connection action ([col. 7 lines 35-48] insertion of plug section 31 into receptable 32).
Regarding Claim 21, Watanabe discloses the method according to claim 20 wherein the single connection action includes manually locating the umbilical section connector and the base unit connector into an engaged position.
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.
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of Lwin et al. (US2019/0053861) hereinafter Lwin.
Regarding Claim 16, Watanabe discloses the imaging endoscope system according to claim 1 wherein the endoscope system comprises a pressurized gas source and an irrigation liquid reservoir ([col. 3 lines 46-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”). [col. 6 lines 17-27] “The air supply apparatus section 22 can have a configuration which discharges air with a predetermined pressure, such as an electrically-operated pump, a compressor or a bomb, and may have the configuration which is provided at an exterior of the endoscope apparatus 1.”), and the umbilical section connector (Figs. 4-6,8-17 Plug section 31) and the base unit connector (Figs. 7-18 receptacle 32) are configured such that when they are in an engaged position, at least two fluid flow paths are provided:
a first fluid flow path defined between the pressurized gas source and the distal end of the insertion section, for delivery of insufflation gas from the pressurized gas source to a region of tissue of interest during an endoscopy procedure ([col. 3 lines 46-55] “At least one of the openings provided at the distal end portion 7 communicates with an air supply apparatus section 22 provided in the control section 3 which will be described later via a conduit which is inserted through the endoscope 2, and is for performing delivery of at least one fluid of air and a liquid.”).
Watanabe is silent at explicitly disclosing whether (ii) a second fluid flow path defined between the pressurized gas source and the irrigation liquid reservoir, such that the irrigation liquid reservoir is pressurised by the pressurized gas source.
However Lwin, in the same field of endeavor, teaches (ii) a second fluid flow path defined between the pressurized gas source and the irrigation liquid reservoir, such that the irrigation liquid reservoir is pressurised by the pressurized gas source (Lwin – Fig. 5a [0122-0133]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify to Watanabe with the teachings of Lwin to include a second fluid flow path defined between the pressurized gas source and the irrigation liquid reservoir, such that the irrigation liquid reservoir is pressurized by the pressurized gas source for the benefit of “enabling the delivery of insufflation or positive pressure, suction, or vacuumed pressure, and irrigation to an environment in which the distal end of the flexible elongate shaft resides “ (Lwin – [0029]). In addition it is beneficial for the reservoir to be pressurized by the gas source so, “…unnecessary water does not go out from a nozzle and it doesn’t obstruct visualization” (Lwin – Fig. 5a [0122-0133]).
Regarding Claim 17, Watanabe in view of Lwin teaches the imaging endoscope system according claim 16 wherein at least a part of the first and second fluid flow paths is the same (Lwin – Fig. 5a water line and air line [0122-0133]).
Regarding Claim 18, Watanabe in view of Lwin teaches the imaging endoscope system according claim 17 wherein the umbilical section connector (Lwin – Fig. 6b near VCB connector) comprises a flow path splitter (Lwin – Fig. 6b VCB connector) arranged to split the first and second fluid flow paths (Lwin – Fig. 5a water line and air line [0122-0133]).
Regarding Claim 19, Watanabe in view of Lwin teaches the imaging endoscope system according to claim 16, wherein a third fluid flow path (Lwin – Fig. 5a liquid delivery) is -provided, defined between the irrigation liquid reservoir (Lwin – Fig. 5a bottle) and the distal end of the insertion section (Lwin -Fig. 5a near identified ‘distal end’), for delivery of irrigation liquid from the irrigation liquid reservoir to a region of tissue of interest during an endoscopy procedure ([0029] “The plurality of channels may comprise a set of instrument channels which carry actuation assemblies. In various embodiments, the channels may also comprise passages for enabling the delivery of insufflation or positive pressure, suction or vacuum pressure, and irrigation to an environment in which the distal end of the flexible elongate shaft resides”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Watanabe with the teachings of Lwin to include a third fluid flow path for delivery of irrigation liquid from the irrigation liquid reservoir to the region of tissue during an endoscopy procedure for the benefit of cleaning the endoscope lens ([Lwin – [0134]).
Conclusion
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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795