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
The Amendment filed January 21st, 2026 has been entered. Claims 1, 3, 9, 11 and 12 have been amended. Claim 14 has been newly added. Claims 1-2, 4, 6, 10-14 are now pending in the application, with claims 3, 5, 7 and 9 withdrawn. The previous 35 U.S.C. 112(b) rejections of claims 11-12 are withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4, 6, 10-13 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.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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) 1-2, 4, 6, 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikuma et al. (US 20210378729 A1, hereinafter Ikuma) in view of Sugiyama (US 20090105726 A1).
Regarding Claim 1, Ikuma discloses
An electrode-equipped endoscope system (endoscope system 1, FIG. 1) used for a surgical operation performed using an external electrode (electrode 35, FIG. 1), the electrode-equipped endoscope system comprising:
a corresponding electrode (collection electrode 11c, FIG. 1) provided at a distal end portion (distal end 11a, FIG. 1) of an insertion portion (sheath 11, FIG. 1) to be inserted into a body cavity (par. 21-22 disclose device configured to be inserted into human body subject) and through which a current from the external electrode flows (par. 77 discloses a high-frequency current flows from the electrode to the collection electrode);
a bending section (elastic region 37, FIG. 2) provided at the distal end portion (depicted in FIG. 1-2);
However, Ikuma does not disclose a controller configured to control bending motion of the bending section.
Sugiyama teaches an endoscope system (medical device 1, FIG. 1) using an external electrode (return electrode 6, FIG. 1) and a corresponding electrode (distal electrode 7) provided at a distal bending portion (33 i.e. distal end portion) of an insertion portion (21, FIG. 1) of an endoscope (2, FIG. 1). The endoscope (2) has a bending portion (25 i.e., bending section) which is controlled to bend via bending knobs (27, i.e. controller, FIG. 1).
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope system of Ikuma with the controller of Suriyama in order to provide a system with precise controlled bending of the bending section allowing for a user to manipulate the direction and degree of bending [Suriyama - 0037].
Regarding Claim 2, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein the external electrode is used in a bladder in an electrolyte solution environment (par. 21-22 disclose device configured to be inserted into human body subject, i.e. capable of being used in bladder; par. 25 discloses perfusate which is an electrolyte solution is electrically conductive), and
the current from the external electrode flows to the corresponding electrode through the electrolyte solution (par. 77 discloses a high-frequency current flows from the electrode to the collection electrode through perfusate).
Regarding Claim 4, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein the corresponding electrode has a cylindrical shape (depicted in FIG. 1, 9-11; par. 20 discloses shapes are not limited nor to scale in figures, i.e. rounded shape of collection electrode is capable of being cylindrical when the figure is to scale), and
is externally fit with an outer circumferential surface of the insertion portion (FIG. 1, par. 28 discloses collection electrode is on surface of sheath).
Regarding Claim 6, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 4, and Ikuma further discloses
wherein the corresponding electrode has a mesh shape (depicted in FIG. 1, 9-11).
Regarding Claim 10, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein a forceps port through which the external electrode passes is provided on a distal tip surface of the insertion portion (par. 37 discloses electrode unit protrudes from distal end of sheath; FIG. 5, par. 46 discloses electrode protrudes outside a distal end rigid portion and enters from another point from inside, FIG. 5 depicts channel/ port which electrode passes through).
Regarding Claim 11, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein the entire endoscope system is disposable (par. 25 discloses electrolyte solution is physiological saline which is a solution that is commonly known in the art to disposable; par. 112 discloses entire endoscope system can be modified and endoscopes are generally capable of being disposable, i.e. this system is capable of being disposable without departing from the scope of the present invention).
Regarding Claim 12, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein the entire endoscope system is for single use (par. 25 discloses electrolyte solution is physiological saline which is a solution that is commonly known in the art to be designed for single use; par. 112 discloses entire endoscope system can be modified and endoscopes are generally capable of being disposable, i.e. this system is capable of being single-use without departing from the scope of the present invention).
Regarding Claim 13, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Ikuma further discloses
wherein the insertion portion is inserted into a bladder (par. 21-22 disclose device configured to be inserted into human body subject, i.e. capable of being used in bladder), and
the bending section is bent such that a distal tip surface (electrode unit 30, FIG. 1) of the insertion portion faces a lesion near a communication port (distal end portion 21a1, FIG. 1) with a urethra in the bladder (FIG. 6 depicts bending of elastic region; par. 5 discloses electrode unit is configured to resect or coagulate tissue, i.e. a lesion, inside a subject which is a human body, i.e. capable of being urethra in the bladder; par. 25 discloses observation window, i.e. communication port, at distal end portion used to pick up images inside the human body).
Regarding Claim 14, Ikuma, as previously modified by Suriyama, discloses all of the elements of the current invention disclosed in claim 1, and Suriyama further teaches
wherein the controller comprises a control knob (27UD/27LR, FIG. 1); and
the bending section is configured to bend in response to operation of the control knob (par. 37 discloses bending portion moves/ bends in correspondence to operation of bending knobs).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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