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 without traverse of Species B in the reply filed on June 8, 2026, is acknowledged.
Claims 1-20 are addressed on the merits below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 4-7 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Surti et al. (US 2017/0251910).
Regarding Claim 1, Surti discloses:
An endoscopic device, the endoscopic device comprising:
a distal end (12);
a proximal end (13);
a handle (40 and 42 form a handle) at the proximal end (see Figs. 1 and 10);
a tube (14) extending from the handle towards the distal end of the endoscopic device (see Figs. 1 and 10);
an accessory channel (16 or 18) extending at least partially through the tube (see Fig. 5, for example, showing 16/18 running through 14);
a sliding member (48) located in the handle, the accessory channel connected to the sliding member (see Paragraph 0043); and
a track (47) included in the handle and disposed proximal to the tube (see Fig. 10),
wherein the sliding member is movable along the track to cause movement of the accessory channel with respect to the tube (discussed in Paragraph 0043).
Regarding Claim 2, Surti further discloses an access port connected to the sliding member that provides access to the accessory channel (the channels receive tools 70/72 from the proximal end such that some sort of port is located there; that port is connected to the sliding member via the channel).
Regarding Claim 4, Surti further discloses wherein the track is linear (see Fig. 10 showing 47 as linear).
Regarding Claim 5, Surti further discloses wherein the sliding member is moveable to cause the distal end of the endoscopic device to move between a forward-viewing position (Figs. 2 and 3) and a side-viewing position (Figs. 4 and 5).
Regarding Claim 6, Surti discloses:
An endoscopic device, the endoscopic device comprising:
a distal end (12);
a proximal end (13);
a handle (40 and 42 form a handle) at the proximal end (see Figs. 1 and 10);
a tube (14) extending from the handle towards the distal end of the endoscopic device (see Figs. 1 and 10);
an accessory channel (16 or 18) extending at least partially through the tube (see Fig. 5, for example, showing 16/18 running through 14);
a sliding member (48) located in the handle, the accessory channel connected to the sliding member (see Paragraph 0043); and
a linear track (47) included in the handle and disposed proximal to the tube (see Fig. 10),
wherein the sliding member is movable along the track to cause the distal end of the endoscopic device to move between a forward-viewing position (Figs. 2 and 3) and a side-viewing position (Figs. 4 and 5).
Regarding Claim 7, Surti discloses wherein the sliding member is movable between a first position and a second position (48 moves forwards and backwards), wherein when the sliding member is in the first position, the accessory channel is retracted and the distal end of the endoscopic device is in the forward-viewing position (see Figs. 1-3), and wherein when the sliding member is in the second position, the accessory channel is extended and the distal end of the endoscopic device is in the side-viewing position (see Fig. 5, for example; moving 48 causes 16/18 to move as explained in Paragraph 0043).
Claims 3 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Surti et al. (US 2017/0251910) in view of Tashiro (US 4,791,912).
Surti discloses the invention substantially as claimed as stated above.
Regarding Claim 3, Surti does not explicitly disclose wherein the access port is detachably connected to the sliding member. Tashiro is one example of a port (30) with an adapter (46) to connect the port to the channel (48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti’s device to include Tashiro’s adapter. Such a modification provides an engagement means to attach the port to the channel.
Regarding Claim 10, Surti does not explicitly disclose an access port detachably connected to the sliding member that provides access to the accessory channel. Tashiro is one example of a port (30) with an adapter (46) to connect the port to the channel (48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti’s device to include Tashiro’s adapter. Such a modification provides an engagement means to attach the port to the channel.
Regarding Claim 11, Surti as modified further discloses a decoupling mechanism configured for decoupling the sliding member from the access port, wherein the decoupling mechanism comprises a removable component that passes through the sliding member and attaches to the access port (see Tashiro Fig. 7, for example, showing setscrew 14 for attaching the two members; additional set screws are also shown, highlighting that such a mechanism is well-known for detachably attaching tubular members).
Regarding Claim 12, Surti as modified further discloses wherein the sliding member is configured to lock the side-viewing position of the distal end of the endoscopic device by locking a position of the access port (see Paragraph 0044; 48 may include a lock).
Claims 8-9 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Surti et al. (US 2017/0251910) in view of Devierre et al. (US 2005/0234297).
Surti discloses the invention substantially as claimed as stated above.
Regarding Claim 8, Surti does not explicitly disclose wherein the sliding member is a portion of a linear actuator. Devierre teaches using a motor and a linear actuator rod (see Paragraph 0123, other mechanisms are envisioned as well) to move and articulate the pivotable distal end. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti’s sliding member to be part of a linear actuator as taught by Devierre. Such a modification incorporates well-known mechanical elements to drive the articulation the accessory channel’s distal end.
Regarding Claim 9, Surti as modified further discloses wherein the linear actuator is movable by an actuator control to provide a motorized precise movement of the sliding member and a motorized precise movement of the accessory channel (see Devierre Fig. 1 showing controls for the actuator at the distal end of the device; see also, Paragraphs 0114-0115).
Regarding Claim 13, Surti discloses:
An endoscopic device, the endoscopic device comprising:
a distal end (12);
a proximal end (13);
a handle (40 and 42 form a handle) at the proximal end (see Figs. 1 and 10);
a tube (14) extending from the handle towards the distal end of the endoscopic device (see Figs. 1 and 10);
an actuator (48); and
an accessory channel (16) connected to the actuator (see Paragraph 0043), wherein a movement of the actuator within the handle causes a movement of the accessory channel with respect to the tube (Paragraph 0043 discussing movement of 48 causing movement of the channels 16/18).
Surti does not explicitly disclose wherein the actuator comprises a motor, wherein the actuator is housed within the handle. Devierre teaches using a motor and a linear actuator rod (see Paragraph 0123, other mechanisms are envisioned as well) to move and articulate the pivotable distal end. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti’s sliding member to be part of a linear actuator as taught by Devierre. Such a modification incorporates well-known mechanical elements to drive the articulation the accessory channel’s distal end. Surti’s device with the accessory channels is singular in nature such that including the actuator components in the handle utilizes the existing structure instead of adding another component.
Regarding Claim 14, Surti as modified further discloses wherein the actuator is a linear actuator or a pneumatic actuator (see Devierre Paragraph 0122-0123 discussing using a linear actuator or pneumatics).
Regarding Claim 15, Surti as modified further discloses a button, a knob, or a switch that controls the movement of the actuator (see Devierre Fig. 1 showing the switches on 40 for controlling the actuator).
Regarding Claim 16, Surti as modified does not explicitly disclose wherein the actuator is configured to be disconnected from the accessory channel. However, making elements separable is considered obvious in that separating the actuator allows for components to be cleaned, repaired, and replaced, if necessary, without having to replace the entire system (see MPEP 2144.04.V.C). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti and Devierre’s device to have the actuator be able to be disconnected from the accessory channel. Such a modification allows the components to be cleaned, repaired, and replaced as desired as subcomponents instead of as a single unit.
Regarding Claim 17, Surti as modified further discloses wherein the movement of the actuator and the accessory channel causes the distal end of the endoscopic device to move between a forward-viewing position and a side-viewing position (see Surti Paragraph 0043 and Figs. 2-5 showing the forward and side-viewing positions).
Regarding Claim 18, Surti as modified further discloses wherein the actuator is configured to lock the side-viewing position of the distal end of the endoscopic device by locking a position of the accessory channel (see Paragraph 0044; 48 may include a lock).
Regarding Claim 19, Surti as modified further discloses wherein the actuator is connected to a tubing (18) that moves within the handle when the actuator moves (see Surti Paragraph 0043 discussing how 48 moves 18).
Regarding Claim 20, Surti as modified further discloses wherein the actuator is configured to precisely control the movement of the accessory channel by adjusting a voltage or current supplied to the actuator (see Devierre Paragraph 0122). Even to the extent Devierre does not explicitly disclose that the electronic motor is controlled by adjusting the voltage or current, the Examiner considers this something that would be obvious to a person having ordinary skill in the art. Electric components are controlled in this manner across a variety of technology areas so that user can adjust the power as desired. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Surti and Devierre’s actuator (if that is even required given Devierre’s description) to have the control related to adjusting the voltage or current. Such a modification incorporates well-known means for adjusting a motor for control of an actuator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY JAY NEAL whose telephone number is (313)446-4878. The examiner can normally be reached Mon-Fri 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (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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/TIMOTHY J NEAL/ Primary Examiner, Art Unit 3795
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