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 .
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.
Claims 1-4 and 7-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kinomoto (US20220409175A1).
Regarding claim 1, Kinomoto teaches a distal end component portion for use with an endoscope, the distal end component portion comprising (fig. 2 distal end portion 44 of an ultrasonic endoscope [0025]):
a distal end portion configured to be arranged at a distal end of an insertion portion of the endoscope (fig. 2 distal end portion 44 is at the distal end of the ultrasonic endoscope 10 [0025]); and
a channel communicating with a proximal end side of the distal end portion from an opening on an outer surface of the distal end portion (fig. 3 communication path 90 [0034]),
wherein the channel includes:
a transition portion (see annotated fig. 3);
a first portion extending distally from the transition portion along a first direction relative to the opening(see annotated fig. 3 the first portion extends distally from the transition portion); and
a second portion extending proximally from the transition portion along a second direction forming a first angle that is an obtuse angle to the first direction (see annotated fig. 3 the second portion extends proximally and is at a obtuse angle with the first direction), and
the first portion comprising a first recess having a first surface that recesses from the opening toward a first side opposite to a direction in which the first direction extends (see annotated fig. 3).
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Regarding claim 2, Kinomoto teaches the distal end component portion according to claim 1, wherein Kinomoto further teaches the first surface has a slope that extends toward a distal end side in a third direction forming a second angle larger than the first angle with the second direction (see annotated fig. 3 below. The second angle is a reflex angle more than 180 degrees, which would be more than the first angle which is obtuse).
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Regarding claim 3, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the second direction is a direction along a longitudinal direction of the insertion portion (see annotated fig. 3, the second portion is in the same direction as the longitudinal direction of the insertion portion).
Regarding claim 4, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the opening has a circular shape (fig. 2 the opening 91 is circular), and the first surface increases a diameter of the circular shape (see annotated fig. 3 the first surface increases the diameter of the circular shape).
Regarding claim 7, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the first portion further comprising a second recess having a second surface that recesses from the opening towards a second side in the direction in which the first direction extends (see annotated fig. 3 below, the second recess recessed towards a second side).
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Regarding claim 8, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the distal end portion has a distal end surface intersecting a longitudinal direction of the insertion portion (see annotated fig. 3, the distal end surface intersects the longitudinal direction (horizontal)) and a side surface along the longitudinal direction (see annotated fig. 3 the side surface is along the longitudinal direction), and the opening is in the distal end surface (see annotated fig. 3, the opening is in the distal end surface).
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Regarding claim 9, Kinomoto teaches the portion of claim 8, wherein Kinomoto further teaches wherein the distal end portion includes a balloon groove for holding a balloon band (fig. 3 first balloon groove 154 [0032]), and the opening is located distally relative to the balloon groove (fig. 3 the opening of path 90 is distal to the first ballon groove 154).
Regarding claim 10, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the distal end portion has a distal end surface intersecting a longitudinal direction of the insertion portion (see annotated fig. 3, the distal end surface intersects the longitudinal direction (horizontal)) and a side surface along the longitudinal direction (see annotated fig. 3 the side surface is along the longitudinal direction), and the opening is on the side surface (see annotated fig. 3, the opening is on the side surface).
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Regarding claim 11, Kinomoto teaches the portion of claim 10, wherein Kinomoto further teaches wherein the distal end portion includes a balloon groove for holding a balloon band on the proximal end side (fig. 3 balloon groove 156 [0032]), and the opening is located distally relative to the balloon groove (fig. 3 the opening of path 90 is proximally to the ballon groove 156).
Regarding claim 12, Kinomoto teaches an endoscope insertion portion comprising (fig. 1 insertion portion 12 [0025]): the distal end component according to claim 1 (see above); and the insertion portion having the distal end at which the distal end component portion is arranged (fig. 1 the insertion portion 12 comprises the distal end portion [0025]).
Regarding claim 13, Kinomoto teaches an endoscope comprising (fig. 1 endoscope apparatus 1 [0025]): the distal end component according to claim 1 (see above); and the insertion portion having the distal end at which the distal end component portion is arranged (fig. 1 endoscope apparatus 1 comprises the distal end portion [0025]).
Regarding claim 14, Kinomoto teaches an ultrasound endoscope comprising (fig. 1 endoscope apparatus 1 [0025]): the distal end component portion according to claim 1 (see above); and the insertion portion having the distal end at which the distal end component portion is arranged (fig. 1 endoscope apparatus comprises the distal end portion [0025]), wherein the distal end component further comprises an ultrasound transducer (fig. 2 ultrasonic transducers [0027]).
Regarding claim 15, Kinomoto teaches the portion according to claim 1, wherein Kinomoto further teaches the channel has a first dimension at the opening along a direction orthogonal to a longitudinal direction of the insertion portion, wherein the channel has a second dimension at a position located proximally relative to the opening along the direction, and wherein the first dimension is larger than the second dimension (see annotated fig. 3 below, the first dimension which corresponds to the depth of the opening is larger than the second dimension which corresponds to the radius of the path 90).
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Regarding claim 16, Kinomoto teaches the portion according to claim 1, wherein Kinomoto further teaches the channel has a first dimension at the opening along a direction orthogonal to a longitudinal direction of the insertion portion, wherein the channel has a second dimension at the transition portion along the direction, and wherein the first dimension is larger than the second dimension (see annotated fig. 3 below, the first dimension which corresponds to the depth of the opening is larger than the second dimension which corresponds to the radius of the transition portion of the path 90).
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Regarding claim 17, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the channel has a dimension along a direction orthogonal to a longitudinal direction of the insertion portion, the dimension decreasing toward the proximal end side (see annotated fig. 3 below the dimension (radius) becomes small towards the proximal end side).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kinomoto in view of Fujii et al., (JP2002085339A) (Examiner Translation Provided).
Regarding claim 5, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein the opening has a circular shape (fig. 2 the opening 91 is circular), but fails to explicitly disclose wherein the first surface has a semicircular shape whose diameter is smaller than that of the circular shape
However in the same endoscope field of endeavor, Fujii teaches wherein the first surface has a semicircular shape whose diameter is smaller than that of the circular shape (fig. 3 lines 100-101 the water nozzle 6 has a semicircular cross section).
It would be obvious to substitute the nozzle shape of Kinomoto with the semicircular shape taught by Fujii, as both inventions relate to endoscope with a channel, and would yield the predictable result of an endoscope with a channel that has a semicircular shape to one of ordinary skill in the art. One of ordinary skill in the art would be able to perform such a substitution, and the results of Kinomoto having a channel with a semicircular shape are reasonably predictable.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kinomoto in view of Nakamura et al., (US20110004063A1).
Regarding claim 6, Kinomoto teaches the portion of claim 1, wherein Kinomoto further teaches wherein a depth in which the first surface recesses from the opening (see annotated fig. 3 the first surface is recessed from the opening) but is silent regarding the .3 mm or larger.
In the same ultrasonic endoscopic field of endeavor, Nakamura teaches of a .8mm ([0033] the air supply tube is 1 mm in diameter).
It would have been obvious to one of ordinary skill to substitute the diameter of the channel of Kinomoto with the diameter of Nakamura, as both inventions relate to endoscopes and would yield the predictable result of an endoscope with a 1mm diameter channel to one of ordinary skill in the art. One of ordinary skill would be able to perform such a substitution, and the results of Kinomoto having a channel that is 1mm diameter are reasonably predictable. One of ordinary skill would understand that if the diameter of the path of Kinomoto is 1mm, then the recess of figure 3 would have to be more than .3 mm deep since the recess is similar in depth as the diameter of the path 90.
Conclusion
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/MICHAEL YIMING FANG/Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798