Prosecution Insights
Last updated: April 19, 2026
Application No. 18/788,376

ELEVATORS FOR MEDICAL DEVICES

Non-Final OA §102
Filed
Jul 30, 2024
Examiner
SURGAN, ALEXANDRA L
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BOSTON SCIENTIFIC CORPORATION
OA Round
1 (Non-Final)
47%
Grant Probability
Moderate
1-2
OA Rounds
4y 2m
To Grant
74%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
229 granted / 490 resolved
-23.3% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
43 currently pending
Career history
533
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 490 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s election of group I and species c in the reply filed on 03/17/2026 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)). Status of Claims Claim 1-20 are pending, claims 2-6 and 16-20 have been withdrawn from consideration, and claims 1 and 7-15 are currently under consideration for patentability under 37 CFR 1.104 Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/27/2024 has been considered by the examiner. 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hosogoe (U.S. 2019/0231173). With respect to claim 1, Hosogoe teaches an elevator for a medical device, comprising: a proximal end portion (proximal end of 831, FIG. 12); a distal end portion (distal end of 831, FIG. 12); and a guide surface (84) for contacting an accessory device, wherein the guide surface extends between the proximal end portion and the distal end portion (FIG. 12); wherein the distal end portion includes a curved distal surface, configured such that a protruding portion of the accessory device deflects off of the distal surface as the protruding portion is moved proximally (FIG. 11-13). With respect to claim 7, Hosogoe teaches the distal surface extends a uniform amount in a distal direction across a width of the distal end portion (FIG. 12). With respect to claim 8, Hosogoe teaches the distal surface is distal to an entirety of the guide surface (FIG. 12). With respect to claim 9, Hosogoe teaches a central portion of the guide surface extends further in a distal direction than side portions of the guide surface (FIG. 12). With respect to claim 10, Hosogoe teaches the distal end portion further includes a ramped surface, wherein the distal surface is a distal end of the ramped surface (see annotated FIGS. 11 and 13 below). PNG media_image1.png 678 1036 media_image1.png Greyscale With respect to claim 11, Hosogoe teaches a back surface opposite the guide surface, wherein the ramped surface tapers toward the back surface moving in a distal direction (see annotated FIGS above). With respect to claim 12, Hosogoe teaches the ramped surface extends distally from a distal end of the guide surface (FIG. 11, 12). With respect to claim 13, Hosogoe teaches a straight line extends along an entire width of the distal surface (FIG. 12). With respect to claim 14, Hosogoe teaches the distal surface is configured to inhibit the protruding portion of the accessory device from snagging on the elevator (intended use). With respect to claim 15, Hosogoe teaches the distal surface is configured to deflect off of the distal surface toward the guide surface as the protruding portion of the accessory device is moved proximally (intended use).oHos Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST. 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, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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Prosecution Timeline

Jul 30, 2024
Application Filed
Mar 31, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593958
ENDOSCOPE
2y 5m to grant Granted Apr 07, 2026
Patent 12564310
ENDOSCOPE AND ENDOSCOPE APPARATUS
2y 5m to grant Granted Mar 03, 2026
Patent 12544160
CONTINUUM INSTRUMENT AND SURGICAL ROBOT
2y 5m to grant Granted Feb 10, 2026
Patent 12539022
ARTICULATION CONTROL DEVICE AND METHODS OF USE
2y 5m to grant Granted Feb 03, 2026
Patent 12533263
Ear Cleaning Arrangement
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
47%
Grant Probability
74%
With Interview (+27.5%)
4y 2m
Median Time to Grant
Low
PTA Risk
Based on 490 resolved cases by this examiner. Grant probability derived from career allow rate.

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