3DETAILED 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 .
Election/Restrictions
Applicant’s election of species 1a (Figure(s) 1A) and 2c (Figure(s) 4A-4C) in the reply filed on 02/25/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant contends that claims 1-20 read on the elected species (see page 7 of the Response to Election/Restriction Requirement). The Examiner respectfully disagrees.
Independent claim 12, which reads on the elected species, recites an endoscopic system comprising an endoscope, air and water channels and an endoscopic valve. However, claims 13-14 and 16 do not read on the elected species. Claim 13, and claim 14 depending therefrom, recite that in the first configuration and the second configuration, air is flowable from the processing system through the first air channel and into the valve stem, and water is flowable from the processing system through the first water channel, into the valve stem and through the second water channel. The elected species 2c (Figure(s) 4A-4C) discloses a first configuration wherein only air is flowable from the processing system through the first air channel and into the valve stem and a second configuration wherein only water is flowable from the processing system through the first water channel, into the valve stem and through the second water channel (see par. [0050]-[0052] of the published application and Figure(s) 4A-4C). Claims 13 and 14 read on unelected species 2a (Figure(s) 2A-2E). Claim 16 recites that in the third configuration water is flowable from the processing system through the first water channel, into the valve stem, and through the second water channel. The elected species 2c (Figure(s) 4A-4C) does not disclose this flow of water in the third configuration (see par. [0051]-[0052] of the published application and Figure(s) 4A-4C). It is, however, disclosed in unelected species 2a and 2b (Figure(s) 2A-3D). Accordingly, claims 13-14 and 16 are withdrawn from consideration
Independent claim 17, and claims 18-20 depending therefrom, disclose an endoscopic valve, comprising as valve stem, comprising a proximal channel with a proximal opening and a distal channel with a distal opening. However, elected species 2c (Figure(s) 4A-4C) discloses a valve stem comprising an open proximal end, a closed distal end, and a channel extending between the proximal and distal ends (see Figure(s) 4A-4C). The language of claims 17-20 reads on unelected species 2a (Figure(s) 2A-2E). Accordingly, claims 17-20 are also withdrawn from consideration.
Claims 1-20 are presently pending in the application, with claims 13-14 and 16-20 withdrawn from consideration. Claims 1-12 and 15 are examined below.
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.
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taniguchi (US 2019/0125167 A1).
Regarding claim 12, Taniguchi discloses an endoscopic system, comprising: a housing (7; Figs. 2-3; par. [0055]) disposable within an endoscope handle (22; Fig. 2; par. [0055]); a length of tubing (23; Fig. 2; par. [0057]) extending from the endoscope handle (22) to a processing system (24/P2/Ta; Fig. 2; par. [0064]); an insertion tube (21; Fig. 2; par. [0055]) extending from the endoscope handle (22; Fig. 2; par. [0055]); an endoscopic valve (11; Fig. 4; par. [0091]) movable between a first configuration (Fig. 10) and a second configuration (Fig. 13) within the housing (7), wherein the endoscopic valve comprises a valve stem (Fig. 4); an inner member (1322E; Figs. 4 and 18) slidably disposed within the valve stem (11; Figs. 4 and 18); a first air channel (66; Fig. 2; par. [0076]) and a first water channel (67; Fig. 2; par. [0077]) extending from the processing system (24/P2/Ta; Fig. 2; par. [0064]) to the housing (7; Fig. 3) through the length of tubing (23; Fig. 2); and a second air channel (62; Fig. 2; par. [0072]) and a second water channel (63; Fig. 2; par. [0073]) extending from the housing (7; Figs. 2 and 3) through the insertion tube (21; Fig. 2).
Regarding claim 15, Taniguchi discloses the endoscopic system of claim 12, wherein the endoscopic valve (11) is movable between the first configuration (Fig. 10), the second configuration (Fig. 13), and a third configuration (Fig. 15) within the housing (7), wherein in the third configuration water is flowable from the processing system (24/P2/Ta; Fig. 2; par. [0064]) through the first water channel, into the valve stem (between grooves/seals of 7), and through the second air channel.
Allowable Subject Matter
Claims 1-11 are allowed.
Regarding independent claim 1, and claims 2-11 depending therefrom, the prior art of record does not specifically disclose, or otherwise render obvious, an endoscopic valve, comprising a valve stem comprising an open proximal end, a closed distal end, a channel extending between the proximal and distal ends, a first port formed within a sidewall of the valve stem, a second port formed within the sidewall of the valve stem distal to the first port, and a third port formed within the sidewall of the valve stem distal to the second port; a third seal disposed around the outer surface of the valve stem between the second and third port; a fourth seal disposed around the outer surface of the valve stem distal to the third port; and an inner member movably disposed within the channel, in combination with the other elements of the claim.
Several prior art references disclose endoscopic valves comprising a valve stem comprising a channel, two ports formed within sidewalls of the valve stem, and seals disposed around the outer surface of the valve stem at various locations relative to the two ports. See, for example, Hernandez et al. (US 2021/0204797 A1), Maurice (US 2020,0187756 A1), Still et al. (US 2020/0016637 A1), and Arai et al. (US 6,346,075 B1). However, none teach a third port formed within the sidewall of the valve stem distal to the second port; a third seal disposed around the outer surface of the valve stem between the second and third port; a fourth seal disposed around the outer surface of the valve stem distal to the third port; and an inner member movably disposed within the channel as recited in the claim. Similarly, Xu et al. (US 2016/0143516 A1) teaches an endoscopic valve comprising two ports formed within the sidewall of the valve stem, seals disposed around the outer surface of the valve stem between the two ports, and an inner member movably disposed within the channel. However, like the references discussed above, it does not teach a third port formed within the sidewall of the valve stem distal to the second port; a third seal disposed around the outer surface of the valve stem between the second and third port; and a fourth seal disposed around the outer surface of the valve stem distal to the third port in combination with the other elements of the claim. Additionally, Van De Ven et al. (US 2016/0001033 A1) teaches a valve comprising a valve stem comprising a channel, three ports formed within sidewalls of the valve stem, four seals disposed between the ports, and an inner member movably disposed within the channel. However, it does not specifically disclose an open proximal end of the valve stem and that the four seals are disposed around the outer surface of the valve stem at the claimed positions relative to the three ports.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi US 5,027,791 A Air and Water Supply Apparatus for Endoscope
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00.
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
4/1/26