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 on 3/23/2026 has been entered. Claims 1-2, 4, 6-8, 10-11, and 13-17 remain pending in the application. Applicant’s amendments to the Drawings and Claims have overcome each and every objection and 112 rejection previously set forth in the Non-Final Office Action mailed 12/23/2025.
Response to Arguments
Applicant’s arguments, see pages 9-10, filed 3/23/2026, with respect to the rejection under 35 USC § 102 of Claim 1, have been fully considered and are persuasive in light of Applicant’s amendments. Applicant amended the independent claim with newly added limitations. Such newly added limitations change the scope of the claims, render the previous 102 rejections identified in the Non-Final Office Action dated 12/23/2025 moot, and require a new ground of rejection.
Therefore, the 102 rejections previously identified in the non-final action dated 12/23/2025 have been withdrawn.
However, upon further search and consideration, a new ground of rejection is made. Please see section 35 USC § 103 below for further explanation.
Claim Objections
Claims 1, 10, and 14 are objected to because of the following informalities:
Claim 1 recites “wherein each of the elongate recess surfaces extends between the elongate ridges on either side of the respective elongate recess surfaces without crossing a plane tangential to the elongate ridges on either side of the respective elongate recess surfaces” in lines 16-19. It appears Applicant intended to describe the configuration shown in Fig. 7, where each elongate recess surface is disposed adjacent elongate ridges. For clarity and improved antecedent basis, Applicant may wish to amend the claim to recite, “wherein each elongate recess surface extends between adjacent elongate ridges and does not cross a plane tangential to the adjacent elongate ridges.”
In claim 10, line 2, “tip housing and a camera” should read “tip housing, and a camera”
Applicant is advised that should claim 13 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Although claim 14 includes additional language, the added limitation does not further restrict the elongate ridges already required by claim 1 and incorporated into both claims. As such, claim 14 does not define subject matter distinct from claim 13.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claims 1, 6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Publ. No. 2019/0099063 A1 to Ono (“Ono”) in view of U.S. Patent Appl. Publ. No. 2018/0303318 A1 to Fanenbruck et al. (“Fanenbruck”).
Regarding claim 1, Ono discloses an endoscope (endoscope 10; Fig. 1, paragraph 0031) comprising:
a handle housing (operation unit 12; Fig. 1, paragraph 0031) comprising:
a proximal end (portion of handle located near the reference sign 24; Fig. 4),
a distal end longitudinally opposite the proximal end (portion of handle located near the reference sign 26; Fig. 4),
a grip section between the proximal end and the distal end (grip portion 26 between the two references signs seen with hand gripping it in Figure; Fig. 4, paragraph 0044), the grip section having a palm surface (the grip portion 26 includes a surface in contact with the user’s palm on left side of diagram; Fig. 4-5), a finger surface opposite the palm surface (the grip portion 26 includes a first curved surface 38; Fig. 4-6, paragraph 0044), and elongate longitudinal recesses intermediate the finger surface and the palm surface (the grip portion 26 includes second curved surfaces 39A and 39B; Fig. 5-6, paragraph 0044), the palm surface having a convex portion in a transverse plane (the left side of the grip portion 26 is convex; Fig. 6), the finger surface having a convex portion in the transverse plane (the first curved surface 38 is a curved surface that is convex outward from a plane SA1; Fig. 6, paragraph 0045), and each of the elongate longitudinal recesses having an elongate recess surface between the palm surface and the finger surface, each elongate recess surface having a concave portion in the transverse plane (the second curved surfaces 39A and 39B are concave inward; Fig, 6, paragraph 0047), and
elongate ridges formed at an intersection of the finger surface and each of the elongate recess surfaces (the ridge 41A is positioned between the first curved surface 38 and the second curved surface 39A, and the ridge 41B is positioned between the first curved surface 38 and the second curved surface 39B; Fig. 6, paragraph 0044) and at an intersection of the palm surface and each of the elongate recess surfaces (the peaks between the convex palm surface and the second curved surfaces 39A and 39B as indicated by circles in annotated Fig. 6 below; Fig. 6),
wherein each of the elongate recess surfaces extends between the elongate ridges on either side of the respective elongate recess surfaces without crossing a plane tangential to the elongate ridges on either side of the respective elongate recess surfaces (the second curved surfaces 39A and 39B do not cross the plane defined by SA2; Fig. 6).
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However, Ono does not explicitly disclose each of the intersections comprising a discontinuity in surface tangency at the intersection.
Fanenbruck teaches an endoscope (endoscopic probe; Fig. 1, paragraph 0024) comprising:
a handle housing (handle 1; Fig. 1, paragraph 0024) comprising:
a proximal end (rear end 21; Fig. 1, paragraph 0024),
a distal end longitudinally opposite the proximal end (a front end 5; Fig. 1, paragraph 0024),
a grip section between the proximal end and the distal end (the grip portion 3 extends along a grip portion axis AG, wherein the grip portion axis interconnects the center points of the two end faces 9, 11 of the grip portion 3; Fig. 1, paragraph 0024), the grip section having a palm surface (cross-sectional upper side 37; Fig. 4, paragraph 0031), a finger surface opposite the palm surface (central region 47; Fig. 4, paragraph 0033), and elongate longitudinal regions intermediate the finger surface and the palm surface (regions 49a, 49b; Fig. 4, paragraph 0033), the palm surface having a convex portion in a transverse plane (the cross-sectional upper side 37 has a convex central portion 41 and, adjoining the latter, the two portions 43a, 43b which, in present exemplary embodiment, are slightly convex; Fig. 4, paragraph 0032), the finger surface having a convex portion in the transverse plane (the cross-sectional underside 39 has a central region 47 with a central convexity; Fig. 4, paragraph 0033),
elongate ridges formed at an intersection of the finger surface and each of the elongate longitudinal regions (sharp edges at the intersection between central portion 47 and straight portions 49a, 49b; Fig. 4) and at an intersection of the palm surface and each of the elongate longitudinal regions (at the connections of the straight portions 49a, 49b of the cross-sectional underside to the straight portion 43a, 43b of the cross-sectional upper side, it is in this way possible to obtain relatively sharp edges 44a, 44b; Fig. 4, paragraph 0033), each of the intersections comprising a discontinuity in surface tangency at the intersection (Fig. 4). Fanenbruck teaches that the sharp edges help form a tactile marking and therefore contribute to safety in the handling of the endoscopic probe (paragraph 0033).
Fanenbruck is considered to be analogous to the claimed invention because it is in the same field of endoscopes with a gripping section on the handle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gripping section of Ono to incorporate the teachings of Fanenbruck by changing the shape of the intersection of the palm surface and each of the elongate longitudinal recess surfaces to comprise a discontinuity in surface tangency at the intersection. Doing so would help form a tactile marking and therefore contribute to safety in the handling of the endoscopic probe, as recognized by Fanenbruck.
Regarding claim 6, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. Ono further discloses wherein the grip section is symmetric about a longitudinal plane extending therethrough (as shown in Fig. 5, the grip portion 26 has a cross-sectional shape that is symmetric with respect to a second center line CL2 orthogonal to the first center line CL1 (see Fig. 4) of the insertion part 11; Fig. 5, paragraph 0044), wherein the palm surface defines a straight line "a" on the longitudinal plane, wherein the finger surface defines a straight line "b" on the longitudinal plane, and wherein the straight lines "a" and "b" form an angle with a vertex distal of the distal end of the handle housing (the vertex of lines a and b can be seen in annotated Fig. 4 below; Fig. 4).
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Regarding claim 10, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. Ono further discloses comprising a cord (insertion part 11; Fig. 1, paragraph 0032) including an insertion tube (a flexible tube portion 11c; Fig. 1, paragraph 0032), a bending section (a bendable portion 11b; Fig. 1, paragraph 0032), a tip housing (a distal hard portion 11a; Fig. 1, paragraph 0032) and a camera positioned in the tip housing (the distal end face of the distal hard portion 11a is provided with an observation window and … an image sensor (not shown) and the like are disposed on the back of the observation window; Fig. 1, paragraph 0032).
Claims 2, 8, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Fanenbruck, as applied to claim 1 above, and further in view of WO 2018/162561 A1 to Lund et al. (“Lund”).
Regarding claim 2, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. Ono further discloses wherein the grip section is symmetric about a longitudinal plane extending therethrough (as shown in Fig. 5, the grip portion 26 has a cross-sectional shape that is symmetric with respect to a second center line CL2 orthogonal to the first center line CL1 (see Fig. 4) of the insertion part 11; Fig. 5, paragraph 0044).
However, Ono, as modified by Fanenbruck, does not explicitly disclose, wherein the finger surface includes a longitudinal convex surface and an undercut surface connected to and extending proximally from the longitudinal convex surface, wherein the undercut surface is curved along the longitudinal plane and curves toward the palm surface.
Lund teaches wherein the grip section is symmetric about a longitudinal plane extending therethrough (this mirror symmetry extends along the gripping section, so as to define a plane in which both the longitudinal axis L and the major axis MA lie; Fig. 4a and 5a, paragraph 0030-0031), wherein the finger surface includes a longitudinal convex surface (the gripping section 12 has a longitudinal convex surface; Fig. 4b) and an undercut surface connected to and extending proximally from the longitudinal convex surface (transition section 17; Fig. 4b, paragraph 0030), wherein the undercut surface is curved along the longitudinal plane and curves toward the palm surface (transition section 17 is curved along the longitudinal plane and curves the palm surface; Fig. 4b). Lund teaches this handle configuration improves the operator’s grip and sense of direction (paragraph 0008).
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Lund is considered to be analogous to the claimed invention because it is in the same field of endoscopes with a gripping section on the handle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gripping section of Ono, as modified by Fanenbruck, to incorporate the teachings of Lund by including an undercut surface with a portion between a longitudinal projection of a plane defined by the longitudinal convex surface and the palm surface. Doing so would improve the operator’s grip and sense of direction, as recognized by Lund.
Regarding claim 8, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. However, Ono, as modified by Fanenbruck, does not explicitly disclose wherein the palm surface and/or the finger surface are textured.
Lund teaches wherein the palm surface and/or the finger surface are textured (the outer surface of the gripping section has been provided with indentations in the form of a number of grooves 18; Fig. 3, paragraph 0028). Lund teaches that the use of the grooves improves the grip of the operator on the handle (paragraph 0013).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gripping section of Ono, as modified by Fanenbruck, to incorporate the teachings of Lund by including a number of grooves. Doing so would improve the grip of the operator on the handle, as recognized by Lund.
Regarding claim 16, Ono, as previously modified by Fanenbruck and Lund, discloses the endoscope according to claims 1 and 2. Ono, as modified by Fanenbruck and Lund, further discloses the endoscope of claim 2 (see rejection of claim 2 above). Ono further discloses the endoscope further comprising an insertion cord, the insertion cord including an insertion tube (a flexible tube portion 11c; Fig. 1, paragraph 0032), a bending section (a bendable portion 11b; Fig. 1, paragraph 0032), a tip housing (a distal hard portion 11a; Fig. 1, paragraph 0032) and a camera positioned in the tip housing (the distal end face of the distal hard portion 11a is provided with an observation window and … an image sensor (not shown) and the like are disposed on the back of the observation window; Fig. 1, paragraph 0032).
However, Ono does not explicitly disclose a video processing apparatus comprising a video interface operable to communicatively couple with the endoscope.
Lund teaches a video processing apparatus comprising a video interface operable to communicatively couple with the endoscope (please note that in Fig. 2 the cable shown in Fig. 1 for connecting the endoscope 1 to external electronics, in particular the monitor on which the images from the camera in the tip of the endoscope 1 are shown, has been omitted for illustration purposes; paragraph 0023).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporate a video processing apparatus in the endoscope system of Ono, as taught by Lund, to increase the functionality of the endoscope system of Ono by enabling the user to see images from the distal end of the endoscope on a display.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Fanenbruck, as applied to claim 1 above, and further in view of U.S. Patent Appl. Publ. No. 2017/0251906 A1 to Hatano (“Hatano”).
Regarding claim 4, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. However, Ono, as previously modified by Fanenbruck, does not explicitly disclose wherein the palm surface includes concave portions extending from both ends of the convex portion to the elongate ridges.
Hatano teaches wherein the handle surface includes concave portions extending from both ends of the convex portion to the elongate ridges (a cross sectional cut of the handle shows the concave portions extending from both ends of the convex portion to the elongate ridges as indicated in annotated Fig. 9 below; Fig. 9).
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Hatano is considered to be analogous to the claimed invention because it is in the same field of endoscopes with a gripping portion on the handle. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the gripping portion of Ono, as modified by Fanenbruck, to incorporate the teachings of Hatano by adding concave portions between the convex portion and the ridge, as such modification would involve a mere change in configuration. It has been held that a change in configuration of shape of a device is obvious, absent persuasive evidence that a particular configuration is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). It would have been obvious to a person of ordinary skill in the art to modify the shape of the handle surface because such modification represents a predictable variation in form that does not alter the functionality or intended operation of the handle, which remains configured to be grasped and manipulated by the user.
Claims 7, 11, 13-14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Fanenbruck, as applied to claim 1 above, and further in view of U.S. Patent Appl. Publ. No. 2014/0100424 A1 to Hoshino (“Hoshino”).
Regarding claim 7, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claims 1 and 6. Ono further discloses the endoscope comprising a control handle including the handle housing (the operation unit 12; Fig. 1 and 3, paragraph 0038),
wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation unit 12; Fig. 4), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation unit 12; Fig. 4), and a proximal surface between the palm side and the finger side (the operation unit body 24 … includes a front surface 29; Fig. 4, paragraph 0039),
wherein the control handle comprises a first control button (push-button switch 28A; Fig. 7, paragraph 0039), a second control button (push-button switch 28B; Fig. 7, paragraph 0039), and a third control button (suction button 19; Fig. 4, paragraph 0039),
wherein the third control button is larger than the first control button (suction button 19 is larger than push-button 28A; Fig. 3-4),
wherein the proximal surface comprises a first portion (mounting portion 42; Fig. 7, paragraph 0050) and a second portion forming a recess that is distal of the first portion (the operation surface 43 is disposed at the lower portion of the mounting portion 42; Fig. 7, paragraph 0050).
However, Ono does not explicitly disclose a first portion that is curved, wherein the first control button and the second control button extend proximally from the first portion and the third control button extends proximally from the second portion, and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion.
Hoshino teaches the endoscope comprising a control handle including the handle housing (the operation portion 8; Fig. 1, paragraph 0073),
wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation portion 8; Fig. 2), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation portion 8; Fig. 7), and a proximal surface between the palm side and the finger side (all visible surfaces in Fig. 3; Fig. 3),
wherein the control handle comprises a first control switch, a second control switch, and a third control switch (the three switch apparatuses 28 to 30 are disposed in a single line along a longitudinal axis direction of the operation portion 8; Fig. 6, paragraph 0076),
wherein the third control button is larger than the first control button (switch apparatus 28 is larger than switch apparatus 30 as seen in Fig. 6; Fig. 6),
wherein the proximal surface comprises a first portion that is curved (curved upper surface with switch apparatuses 29 and 30; Fig. 14) and a second portion forming a recess that is distal of the first portion (straight surface distal of the upper surface; Fig. 14),
wherein the first control switch and the second control switch extend proximally from the first portion (the switch apparatuses 29 and 30 are located on the curved portion; Fig. 14) and the third control switch extends proximally from the second portion (the switch apparatus 28 is located on the surface distal the curved portion; Fig. 14), and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion (distances R1 to R3 from the root portion A to peaks of the respective switch apparatuses 28 to 30 can be configured to be equal to one another; Fig. 14, paragraph 0112). The interpretation of the reach line is made in light of Fig. 2 of the Applicant’s specification. As such, the reach line of Hoshino can be seen to show the same concept in annotated Fig. 14 below. Hoshino teaches this switch configuration allows the plurality of switches to be pressed by only one forefinger without redoing the grip (paragraph 0113).
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Hoshino is considered to be analogous to the claimed invention because it is in the same field of endoscopes with operation switches on the handle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control button configuration of Ono to incorporate the teachings of Hoshino by positioning the proximal surfaces of the first control button, the second control button and the third control button along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion. Doing so would allow the plurality of switches to be pressed by only one forefinger without redoing the grip, as recognized by Hoshino.
Regarding claim 11, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. Ono further discloses a video processing system comprising:
the endoscope including a cable with a connector (the universal cord 13 is connected to external devices, such as a processor device and a light source device (not shown), through a composite connector 13a; Fig. 1, paragraph 0031).
However, Ono does not explicitly disclose a video processing apparatus comprising a video interface operable to communicatively couple with the connector of the endoscope.
Hoshino teaches an endoscope including a cable (a universal cable 9 that is provided extensively from a side surface portion of the operation portion 8; Fig. 1, paragraph 0071) with a connector (an electric cable 11 that is extended from a side portion of the light source connector 10, and an electric connector 11a that is placed at an extension end of the electric cable 11; Fig. 1, paragraph 0071); and
a video processing apparatus (video processor 4; Fig. 1, paragraph 0070) comprising a video interface (monitor 5; Fig. 1, paragraph 0078) operable to communicatively couple with the connector of the endoscope (electric connector 11a is detachably connected to the video processor 4; Fig. 1, paragraph 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporate a video processing apparatus in the endoscope system of Ono, as taught by Hoshino, to increase the functionality of the endoscope system of Ono by enabling the user to see live video from the distal end of the endoscope on a display.
Regarding claim 13, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claims 1. Ono further discloses the endoscope further comprising a control handle comprises a first control button (push-button switch 28A; Fig. 7, paragraph 0039), a second control button (push-button switch 28B; Fig. 7, paragraph 0039), and a third control button (suction button 19; Fig. 4, paragraph 0039),
wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation unit 12; Fig. 4), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation unit 12; Fig. 4), and a proximal surface between the palm side and the finger side (the operation unit body 24 … includes a front surface 29; Fig. 4, paragraph 0039),
wherein the third control button is larger than the first control button (suction button 19 is larger than push-button 28A; Fig. 3-4),
wherein the proximal surface comprises a first portion (mounting portion 42; Fig. 7, paragraph 0050) and a second portion forming a recess that is distal of the first portion (the operation surface 43 is disposed at the lower portion of the mounting portion 42; Fig. 7, paragraph 0050).
However, Ono does not explicitly disclose a first portion that is curved, wherein the first control button and the second control button extend proximally from the first portion and the third control button extends proximally from the second portion, and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion.
Hoshino teaches the endoscope comprising a control handle including the handle housing (the operation portion 8; Fig. 1, paragraph 0073),
wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation portion 8; Fig. 2), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation portion 8; Fig. 7), and a proximal surface between the palm side and the finger side (all visible surfaces in Fig. 3; Fig. 3),
wherein the control handle comprises a first control switch, a second control switch, and a third control switch (the three switch apparatuses 28 to 30 are disposed in a single line along a longitudinal axis direction of the operation portion 8; Fig. 6, paragraph 0076),
wherein the third control button is larger than the first control button (switch apparatus 28 is larger than switch apparatus 30 as seen in Fig. 6; Fig. 6),
wherein the proximal surface comprises a first portion that is curved (curved upper surface with switch apparatuses 29 and 30; Fig. 14) and a second portion forming a recess that is distal of the first portion (straight surface distal of the upper surface; Fig. 14),
wherein the first control switch and the second control switch extend proximally from the first portion (the switch apparatuses 29 and 30 are located on the curved portion; Fig. 14) and the third control switch extends proximally from the second portion (the switch apparatus 28 is located on the surface distal the curved portion; Fig. 14), and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion (distances R1 to R3 from the root portion A to peaks of the respective switch apparatuses 28 to 30 can be configured to be equal to one another; Fig. 14, paragraph 0112). The interpretation of the reach line is made in light of Fig. 2 of the Applicant’s specification. As such, the reach line of Hoshino can be seen to show the same concept in annotated Fig. 14 below. Hoshino teaches this switch configuration allows the plurality of switches to be pressed by only one forefinger without redoing the grip (paragraph 0113).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control button configuration of Ono to incorporate the teachings of Hoshino by positioning the proximal surfaces of the first control button, the second control button and the third control button along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion. Doing so would allow the plurality of switches to be pressed by only one forefinger without redoing the grip, as recognized by Hoshino.
Regarding claim 14, Ono, as previously modified by Fanenbruck, discloses the endoscope according to claim 1. Ono further discloses the endoscope further comprising a control handle comprises a first control button (push-button switch 28A; Fig. 7, paragraph 0039), a second control button (push-button switch 28B; Fig. 7, paragraph 0039), and a third control button (suction button 19; Fig. 4, paragraph 0039),
wherein the handle housing comprises elongate ridges between the finger surface and the elongate recess surfaces (the ridge 41A is positioned between the first curved surface 38 and the second curved surface 39A, and the ridge 41B is positioned between the first curved surface 38 and the second curved surface 39B; Fig. 6, paragraph 0044) and between the elongate recess surfaces and the palm surface (the peaks between the convex palm surface and the second curved surfaces 39A and 39B as indicated by circles in annotated Fig. 6 below; Fig. 6),
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wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation unit 12; Fig. 4), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation unit 12; Fig. 4), and a proximal surface between the palm side and the finger side (the operation unit body 24 … includes a front surface 29; Fig. 4, paragraph 0039),
wherein the third control button is larger than the first control button (suction button 19 is larger than push-button 28A; Fig. 3-4),
wherein the proximal surface comprises a first portion (mounting portion 42; Fig. 7, paragraph 0050) and a second portion forming a recess that is distal of the first portion (the operation surface 43 is disposed at the lower portion of the mounting portion 42; Fig. 7, paragraph 0050).
However, Ono does not explicitly disclose a first portion that is curved, wherein the first control button and the second control button extend proximally from the first portion and the third control button extends proximally from the second portion, and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion.
Hoshino teaches the endoscope comprising a control handle including the handle housing (the operation portion 8; Fig. 1, paragraph 0073),
wherein the handle housing comprises a palm side (the user’s palm comes into contact with a side operation portion 8; Fig. 2), a finger side opposite the palm side (the user’s finger come into contact with an opposite side of the operation portion 8; Fig. 7), and a proximal surface between the palm side and the finger side (all visible surfaces in Fig. 3; Fig. 3),
wherein the control handle comprises a first control switch, a second control switch, and a third control switch (the three switch apparatuses 28 to 30 are disposed in a single line along a longitudinal axis direction of the operation portion 8; Fig. 6, paragraph 0076),
wherein the third control button is larger than the first control button (switch apparatus 28 is larger than switch apparatus 30 as seen in Fig. 6; Fig. 6),
wherein the proximal surface comprises a first portion that is curved (curved upper surface with switch apparatuses 29 and 30; Fig. 14) and a second portion forming a recess that is distal of the first portion (straight surface distal of the upper surface; Fig. 14),
wherein the first control switch and the second control switch extend proximally from the first portion (the switch apparatuses 29 and 30 are located on the curved portion; Fig. 14) and the third control switch extends proximally from the second portion (the switch apparatus 28 is located on the surface distal the curved portion; Fig. 14), and
wherein proximal surfaces of the first control button, the second control button and the third control button lie along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion (distances R1 to R3 from the root portion A to peaks of the respective switch apparatuses 28 to 30 can be configured to be equal to one another; Fig. 14, paragraph 0112). The interpretation of the reach line is made in light of Fig. 2 of the Applicant’s specification. As such, the reach line of Hoshino can be seen to show the same concept in annotated Fig. 14 below. Hoshino teaches this switch configuration allows the plurality of switches to be pressed by only one forefinger without redoing the grip (paragraph 0113).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control button configuration of Ono to incorporate the teachings of Hoshino by positioning the proximal surfaces of the first control button, the second control button and the third control button along a reach line having a first portion parallel to the first portion of the proximal surface and a second portion extending a curvature of the first portion. Doing so would allow the plurality of switches to be pressed by only one forefinger without redoing the grip, as recognized by Hoshino.
Regarding claim 17, Ono, as previously modified by Fanenbruck and Hoshino, discloses the endoscope according to claims 1 and 7. Ono, as modified by Fanenbruck and Hoshino, further discloses the endoscope of claim 7 (see rejection of claim 7 above), the endoscope further comprising an insertion cord (insertion part 11; Fig. 1, paragraph 0032), the insertion cord including an insertion tube (a flexible tube portion 11c; Fig. 1, paragraph 0032), a bending section (a bendable portion 11b; Fig. 1, paragraph 0032), a tip housing (a distal hard portion 11a; Fig. 1, paragraph 0032) and a camera positioned in the tip housing (the distal end face of the distal hard portion 11a is provided with an observation window and … an image sensor (not shown) and the like are disposed on the back of the observation window; Fig. 1, paragraph 0032).
However, Ono does not explicitly disclose a video processing apparatus comprising a video interface operable to communicatively couple with the connector of the endoscope.
Hoshino further teaches an endoscope including a cable (a universal cable 9 that is provided extensively from a side surface portion of the operation portion 8; Fig. 1, paragraph 0071) with a connector (an electric cable 11 that is extended from a side portion of the light source connector 10, and an electric connector 11a that is placed at an extension end of the electric cable 11; Fig. 1, paragraph 0071); and
a video processing apparatus (video processor 4; Fig. 1, paragraph 0070) comprising a video interface (monitor 5; Fig. 1, paragraph 0078) operable to communicatively couple with the connector of the endoscope (electric connector 11a is detachably connected to the video processor 4; Fig. 1, paragraph 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporate a video processing apparatus in the endoscope system of Ono, as taught by Hoshino, to increase the functionality of the endoscope system of Ono by enabling the user to see live video from the distal end of the endoscope on a display.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Fanenbruck and Hoshino, as applied to claim 14 above, and further in view of Lund.
Regarding claim 15, Ono, as previously modified by Fanenbruck and Hoshino, discloses the endoscope according to claims 1 and 14. Ono further discloses wherein the grip section is symmetric about a longitudinal plane extending therethrough (as shown in Fig. 5, the grip portion 26 has a cross-sectional shape that is symmetric with respect to a second center line CL2 orthogonal to the first center line CL1 (see Fig. 4) of the insertion part 11; Fig. 5, paragraph 0044). However, Ono does not explicitly disclose wherein the finger surface includes a longitudinal convex surface and an undercut surface connected to and extending proximally from the longitudinal convex surface, wherein the undercut surface is curved along the longitudinal plane and curves toward the palm surface, a portion of the undercut surface positioned between a longitudinal projection of the longitudinal convex surface and the palm surface.
Lund teaches wherein the grip section is symmetric about a longitudinal plane extending therethrough (this mirror symmetry extends along the gripping section, so as to define a plane in which both the longitudinal axis L and the major axis MA lie; Fig. 4a and 5a, paragraph 0030-0031), wherein the finger surface includes a longitudinal convex surface (the gripping section 12 has a longitudinal convex surface; Fig. 4b) and an undercut surface connected to and extending proximally from the longitudinal convex surface (transition section 17; Fig. 4b, paragraph 0030), wherein the undercut surface is curved along the longitudinal plane and curves toward the palm surface (transition section 17 is curved along the longitudinal plane and curves the palm surface; Fig. 4b). Lund teaches this handle configuration improves the operator’s grip and sense of direction (paragraph 0008).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gripping section of Ono, as previously modified by Fanenbruck and Hoshino, to incorporate the teachings of Lund by including an undercut surface with a portion between a longitudinal projection of a plane defined by the longitudinal convex surface and the palm surface. Doing so would improve the operator’s grip and sense of direction, as recognized by Lund.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA G STARKEY whose telephone number is (571)272-3375. The examiner can normally be reached Monday-Friday 8:00-5:00 ET.
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/OLIVIA GRACE STARKEY/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
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