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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/01/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment filed on 06/01/2026 has been entered. Claims 1-10, 12, 15-18 are pending. Claims 11, 13-14 are cancelled. Applicant’s amendment to the claims have overcome objections previously set forth in the Non-Final Office Action notified on 03/26/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-18, is/are rejected under 35 U.S.C. 102 as being anticipated by Karasawa (US 5575756).
Regarding claim 1, Karasawa discloses a suction-flushing-system (FIGS. 1, 2, 4; FIGS. 2, 4 reproduced below) for a medical instrument comprising
a distal region (FIG. 2) adapted for insertion into a patient,
at least one optical device (cover glass 19) which is cleanable by the suction-flushing-system positioned in the distal region (FIG. 2),
the suction-flushing-system (FIGS. 1-2), comprising:
at least one flushing medium outlet (nozzle 23; FIG. 2) opening for discharging a flushing (water line 24) medium jet onto an outer surface of the optical device (cover glass 19); and at least one suction opening (insertion-section clearance 27; suction means 29; FIG. 2) for withdrawing by suction at least liquid components from the outer surface of the optical device;
a first manual actuating element (three-way plug 135) for activating an ejection of a flushing medium from the at least one flushing medium outlet opening; and
a second manual actuating element (suction means 131) for activating a suction of at least some liquid components through the at least one suction opening (FIG. 20, annotated), wherein the second manual actuating element is structurally integrated with the first actuating element as a combined actuating element (first and second actuating elements are integrated by communication tube 138), and
wherein one of several different modes of the ejection of the flushing medium at the at least one flushing medium outlet opening (feed water distal-part ditch 126, FIG. 20) and the suction of the at least some liquid constituents at the least one suction opening (suction distal-part ditch 127) is selectively activated by different manual modes of actuation of the combined actuating element (The suction is done by actuating suction means 131 and feed water means 130 is actuated for flushing. Both of these are part of the combined actuating element. FIG. 20, annotated
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Regarding claim 2, Karasawa discloses wherein the suction-flushing-system is arranged for simultaneously performing ejection of the flushing medium jet onto the outer surface of the optical device via the at least one flushing medium outlet opening and for withdrawing by suction at least some of the liquid components from the optical device through the at least one suction opening (Feed water and suction (or feed gas) are made possible to be performed separately or simultaneously by the channels different from each other. FIGS. 11, 12; col. 13, lines 18-27.).
Regarding claim 3, Karasawa discloses wherein characterized-in that the suction-flushing-system is arranged to suck back the predominant share of the at least one flushing medium, which has been ejected via the at least one flushing medium outlet opening through the at least one suction opening (FIGS.1, 4).
Regarding claim 5, Karasawa discloses wherein the at least one flushing medium outlet opening has a smaller cross section, than a flushing channel configured to provide a flushing medium to the at least one flushing medium outlet opening (The feed water channel 22 has smaller outlet opening. FIG. 2).
Regarding claim 6, Karasawa discloses at least one mechanical coupling element arranged for form fit mechanical coupling of the suction-flushing-system to the medical instrument (FIG. 4, annotated. FIG. 8, provides an example coupling element for suction means).
Regarding claim 7, Karasawa discloses wherein the at least one flushing medium outlet opening has a flushing medium ejection direction with the outer surface of the optical device (The flushing medium outlet opening has a flushing medium ejection direction towards the outer surface of the optical device. FIG. 4).
Regarding claim 8, Karasawa discloses wherein the at least one flushing medium outlet opening is arranged immediately adjacent to the outer surface of the optical device (FIG. 4).
Regarding claim 9, Karasawa discloses wherein the at least one suction opening (nozzle 23; FIG. 2) is arranged immediately adjacent to the outer surface of the optical device.
Regarding claim 10, Karasawa discloses a storage tank for storing flushing medium (Feed water means 86; FIG. 8).
Regarding claim 12, Karasawa discloses a first manual actuating element (Suction means 131; FIG. 20) is arranged for manual pressurization of a storage tank (Feed water means 130; FIG. 20) which stores flushing medium.
Regarding claim 15, Karasawa discloses wherein the combined actuating element is configured such that by different manual modes of actuation of the combined actuating element one of the following modes of operation is selected:
a) no suction of at least some liquid constituents and no ejection of flushing medium,
b) suction of at least some liquid components without ejection of flushing medium,
c) the suction of at least some liquid components with simultaneous ejection of flushing medium (Feed water and suction (or feed gas) are made possible to be performed separately or simultaneously by the channels different from each other. FIG. 22).
Regarding claim 16, Karasawa discloses that the different manual actuation modes are selectable by varying a manual pressurization of the combined actuating element (The fluid passages of the feed water tube 416 and the suction tube 417 are selectively switched through operation of a feed water button 422 and a suction button 423 provided on a valve unit 421, whereby the water feeding or suction through the tubes 416 and 417 can be turned on and off, and, further, the flow rate therein can be adjusted. Col. 27, lines 30-40).
Regarding claim 17, Karasawa discloses pump (Suction means 131; FIG. 20) for generating a suctioning effect at the least one suction opening.
Regarding claim 18, Karasawa discloses the pump is connectable to the at least one suction opening (Note suction means 131; FIG. 20) and an additional emission channel through a valve mechanism (Three-way activity plug 135 provides flushing and suctioning activity; FIG. 20; col. 11, line 43-col. 12, line 22), wherein the valve mechanism which selectively connects the pump either with the at least one suction opening or the additional emission channel depending on the operation mode of the pump (FIG. 20).
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karasawa (US 5575756) in view of Zhou (US 20220125474).
Regarding claim 4, Karasawa does not expressly disclose wherein the suction flushing system is arranged for one-hand operation by a person, at least for activating ejection of the flushing medium through the at least one flushing medium outlet opening and for activating the suction of at least some liquid components through the at least one suction opening.
Zhou is directed to direct-vision abortion uterine curettage (abstract) and teaches a suction flushing system (suction mechanism 4, flushing mechanism 6; Para [0018]) arranged for one-hand operation by a person, at least for activating ejection of the flushing medium through the at least one flushing medium outlet opening and for activating the suction of at least some liquid components through the at least one suction opening (The medical staff may realize one-handed operation during clinical use, and the use process is more convenient. Para [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Karasawa’s device so that it can have a one-handed operation so that the use of the device is more convenient. For example, the flushing switch/plug could be arranged in the handle in accordance with the teaching of Zhou to make it capable of single-handed use for convenient use of the device.
Response to the Argument
Applicant’s arguments submitted on 06/01/2026 have been fully considered. However, the arguments are not persuasive.
First, the claim 1 does not recite “manual activation of only the one combined actuating element,” as argued by the applicant on page 6 of the remarks. Therefore, as argument based on the above feature are not persuasive.
Second, in view of FIG. 20, below, combined device of plug 135 and suction 131, which is integrated together by the pipe 138 can be considered as combined actuating element. Suction means 131 and feed water means 130, which are part of the combined actuating element can be manually actuated for different modes – suction or ejection.
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Accordingly, applicant’s arguments are not persuasive at this time.
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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 06/30/26
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