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 .
Status of Claims
Claims 1, 7-10, 13-15, and 21-32 are pending and currently under consideration for patentability under 37 CFR 1.104
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(s) 1, 7-10, 13-15, and 21-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Utsugi (U.S. 4,452,236) in view of Morimoto (U.S. 2017/0112363).
With respect to claim 1, Utsugi teaches an elevator for a medical device, comprising:
a proximal end portion (FIG. 8);
a distal end portion (FIG. 8); and
a guide surface (71) for contacting an accessory device, wherein the guide surface extends between the proximal end portion and the distal end portion (FIG. 8);
wherein the distal end portion includes:
a ramped surface (area of 72, FIG. 8), wherein the ramped surface extends distally from a distal end of the guide surface, wherein the ramped surface tapers toward a back surface opposite the guide surface (area of 41, FIG. 8) and wherein the ramped surface extends across an entire width of the distal end portion (FIG. 8); and
a distal surface (where 41 meets 72, FIG. 8), configured such that a protruding portion of the accessory device deflects off of the distal surface as the protruding portion is moved proximally.
However, Utsugi does not teach a curved distal surface.
With respect to claim 1, Morimoto teaches an elevator for a medical device, comprising:
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 (para [0115]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the distal edge of the elevator of Utsugi to have be curved in the manner taught by Morimoto so that it does not damage the inside of the body regardless of a position of the elevator (para [0115] of Morimoto).
With respect to claim 7, Utsugi teaches the distal surface extends a uniform amount in a distal direction across an entire width of the distal end portion (FIG. 8).
With respect to claim 8, Utsugi teaches the distal surface is distal to an entirety of the guide surface (FIG. 8).
With respect to claim 9, Utsugi teaches a central portion of the guide surface extends further in a distal direction than side portions of the guide surface (FIG. 8).
With respect to claim 10, Utsugi teaches the distal surface is a distal end of the ramped surface (FIG. 8).
With respect to claim 13, Utsugi teaches a straight line extends along an entire width of the distal surface, wherein the distal surface extends along an entire width of the ramped surface (FIG. 8).
With respect to claim 14, Utsugi 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, Utsugi teaches the distal surface is configured to deflect the accessory device toward the guide surface as the protruding portion of the accessory device is moved proximally (intended use).oHos
With respect to claim 21, Utsugi teaches the elevator includes a body (32) and an arm (36), wherein the body includes the proximal end portion, the distal end portion, and the guide surface, and wherein the ramped surface extends across an entire width of the body (FIG. 8).
With respect to claim 22, Utsugi teaches the ramped surface surrounds both lateral sides of a distal opening of the guide surface (FIG. 8).
With respect to claim 23, Utsugi teaches an elevator for a medical device, comprising:
a proximal end portion (FIG. 8);
a distal end portion (FIG. 8); and
a guide surface (71) for contacting an accessory device, wherein the guide surface extends between the proximal end portion and the distal end portion (FIG. 8);
wherein the distal end portion includes:
a ramped surface (area of 72, FIG.8), wherein the ramped surface extends distally from a distal end of the guide surface, wherein the ramped surface tapers toward a back surface opposite the guide surface (area of 41, FIG. 8); and
a distal surface at the distal end of the ramped surface, wherein the distal surface extends across an entire width of the distal end portion (FIG. 8), wherein the
distal surface is configured such that a protruding portion of the accessory device deflects off of the distal surface as the protruding portion is moved proximally (intended use).
However, Utsugi does not teach a curved distal surface.
With respect to claim 23, Morimoto teaches an elevator for a medical device, comprising:
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 (para [0115]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the distal edge of the elevator of Utsugi to have be curved in the manner taught by Morimoto so that it does not damage the inside of the body regardless of a position of the elevator (para [0115] of Morimoto).
With respect to claim 24, Utsugi teaches the distal surface is distal to an entirety of the guide surface (FIG. 8).
With respect to claim 25, Utsugi teaches the elevator includes a body (32) and an arm (36), wherein the body includes the proximal end portion, the distal end portion, and the guide surface, and wherein the ramped surface extends across an entire width of the body (FIG. 8).
With respect to claim 26, Utsugi teaches a straight line extends along an entire width of the distal surface (FIG. 8).
With respect to claim 27, Utsugi teaches the ramped surface surrounds both lateral sides of a distal opening of the guide surface (FIG. 8).
With respect to claim 28, Utsugi teaches an elevator for a medical device, comprising:
a proximal end portion (FIG. 8);
a distal end portion (FIG. 8); and
a guide surface (71) for contacting an accessory device, wherein the guide surface extends between the proximal end portion and the distal end portion;
wherein the distal end portion includes:
a distal surface (where 72 meets 41), configured such that a protruding portion of the accessory device deflects off of the distal surface as the protruding portion is moved proximally (intended use); and
a ramped surface (area of 72), wherein the ramped surface extends distally from a distal end of the guide surface, wherein the ramped surface tapers toward a back surface opposite the guide surface (area of 41), and wherein the ramped surface surrounds both lateral sides of a distal opening of the guide surface (FIG. 8).
However, Utsugi does not teach a curved distal surface.
With respect to claim 28, Morimoto teaches an elevator for a medical device, comprising:
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 (para [0115]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the distal edge of the elevator of Utsugi to have be curved in the manner taught by Morimoto so that it does not damage the inside of the body regardless of a position of the elevator (para [0115] of Morimoto).
With respect to claim 29, Utsugi teaches the elevator includes a body (32) and an arm (36), wherein the body includes the proximal end portion, the distal end portion, and the guide surface, and wherein the ramped surface extends across an entire width of the body (FIG. 8).
With respect to claim 30, Utsugi teaches a straight line extends along an entire width of the distal surface (FIG. 8).
With respect to claim 31, Utsugi teaches the ramped surface is planar (FIG. 8).
With respect to claim 32, Utsugi teaches the ramped surface is symmetrical about a plane extending along a central longitudinal axis of the guide surface (FIG. 8).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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