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 without traverse of Species VI: an elevator assembly having a rotating plate, slide, and frame as illustrated in Figs. 9-11D, in the reply filed on 04/07/2026 is acknowledged. Therefore claims 2-13 and 18-20 are withdrawn. Claims 1 and 14-17 are examined below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the lumen" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the first lumen.” Appropriate correction is required. All claims depending from claim 14 are also rejected because of their dependency on the rejected base claim 14.
Claim 14 recites the limitation "the opening" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the distal-facing opening.” Appropriate correction is required. All claims depending from claim 14 are also rejected because of their dependency on the rejected base claim 14.
Claim 14 recites the limitation “first lumen” in line 10. However claim 14 line 2 also recites the limitation first lumen. Therefore it is unclear whether the limitation in line 10 is introducing a new and separate lumen from the limitation in line 2, or simply in reference to the same limitation of line 2. Examiner is interpreting the limitation in line 10 as the same lumen reference in line 2. Therefore, it is suggested to amend the limitation in line 10 to state, “the first lumen.” All claims depending from claim 14 are also rejected because of their dependency on the rejected base claim 14. Appropriate correction is required.
Claim 15 recites the limitation “first lumen” in line 4. However claim 14 line 2 also recites the limitation first lumen. Therefore it is unclear whether the limitation in claim 15 is introducing a new and separate lumen from the limitation in claim 14 line 2, or simply in reference to the same limitation of claim 14 line 2. Examiner is interpreting the limitation in claim 15 as the same lumen reference in claim 14 line 2. Therefore, it is suggested to amend the limitation in claim 15 to state, “the first lumen.” Appropriate correction is required.
Claim 17 recites the limitation "the movement" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state “movement” or amend claim 17 to depend from claim 15. Appropriate correction is required.
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.
(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Matsui et al. (US6458074) hereinafter Matsui.
Regarding Claim 1, Matsui discloses, a device (Figs. 1-6 endoscope 1) comprising:
a shaft (Figs. 1-6 insertion section 2) having a distal end (Figs. 1-6 distal end 3) and a lumen (Figs. 1-6 channel 14) terminating in a distally-facing opening (Figs. 2, 5-6 near reference numeral 14), wherein an instrument (Fig. 6 tool 31) is extendable through the lumen (Figs. 1-6 channel 14) and out the opening (Figs. 2, 5-6 near reference numeral 14); and
an elevator (Figs. 1-6 raising mechanism 21 to include base 25 and operation wire 28) for engaging the instrument (Figs. 1-6 tool 31), the elevator (Figs. 1-6 raising mechanism 21 to include base 25 and operation wire 28) including:
an actuator (Figs. 1-6 operation wire 28) extending through at least a portion (col. 4 lines 26-55) of the shaft (Figs. 1-6 insertion section 2); and
a body (Figs. 1-6 base 25) coupled to the actuator (Figs. 1-6 operation wire 28), wherein the portion of the body (Figs. 1-6 portion of base 25) is configured to extend within (col. 4 lines 26-55) the lumen (Figs. 1-6 channel 14) for selectively positioning (col. 4 lines 26-55) the instrument (Fig. 6 tool 31).
Allowable Subject Matter
Claims 14-17 are also objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the cited 35 U.S.C. §112(b) rejections as suggested above.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach, among other features, a device, comprising: a shaft having a distal end and a first lumen, the first lumen terminating in a distal-facing opening, wherein an instrument is extendable through the first lumen and out of the distal-facing opening, and an elevator for engaging the instrument, the elevator including: a first actuator extending through at least a portion of the shaft; a rotatable plate coupled to the first actuator, wherein the rotatable plate is angled such that a distal portion of the rotatable plate is more distal relative to a proximal portion of the rotatable plate, wherein the rotatable plate includes: a second lumen configured to align with the first lumen, and a recess; a second actuator extending through at least a portion of the shaft; a slide member coupled to the second actuator, wherein the slide member is positioned within the recess and includes a third lumen configured to align with the first lumen; and a frame fixedly positioned within the shaft, wherein the rotatable plate is rotatably coupled to the frame.
Matsui et al. (US6458074) teaches the above except for wherein the rotatable plate includes: a second lumen configured to align with the first lumen, and a recess; a second actuator extending through at least a portion of the shaft; a slide member coupled to the second actuator, wherein the slide member is positioned within the recess and includes a third lumen configured to align with the first lumen.
Koji Yamaya (US2007/0112249) teaches the above except for wherein the rotatable plate includes: a recess; a second actuator extending through at least a portion of the shaft; a slide member coupled to the second actuator, wherein the slide member is positioned within the recess and includes a third lumen configured to align with the first lumen.
Yamaya et al. (US2003/0040657) teaches the above except for the rotatable plate includes: a second lumen configured to align with the first lumen, and a recess; a second actuator extending through at least a portion of the shaft; a slide member coupled to the second actuator, wherein the slide member is positioned within the recess and includes a third lumen configured to align with the first lumen.
Calabrese et al. (US2018/0249895) teaches the above except for a rotatable plate coupled to the first actuator, wherein the rotatable plate is angled such that a distal portion of the rotatable plate is more distal relative to a proximal portion of the rotatable plate, wherein the rotatable plate includes: a second lumen configured to align with the first lumen, and a recess; a second actuator extending through at least a portion of the shaft; a slide member coupled to the second actuator, wherein the slide member is positioned within the recess and includes a third lumen configured to align with the first lumen; and a frame fixedly positioned within the shaft, wherein the rotatable plate is rotatably coupled to the frame.
There is no reason or suggestion provided in the prior art to modify the above prior art to have the additional features as claimed above, and the only reason to modify the references would be based on Applicant’s disclosure, which is impermissible hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795
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