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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(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(s) 1, 6-7,10-15, 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Martin (German Patent No 102019112594).
Regarding claim 1, Martin teaches a resectoscope valve part for a manually operable working element of a resectoscope (see the valve part or tap driver unit 4), the resectoscope valve part comprising: a substantially cylindrical valve body (see the cylindrical valve body portion 6, fig 2a) which is configured to be inserted into a valve seat along a longitudinal axis (see in which the unit lies on the valve seat 3 along the longitudinal axis during use, fig 2a); a base portion arranged at the end of the valve body (see the head plate element 25 which acts as a base portion, fig 2a); an actuating portion connected to the base portion (control lever 14 which acts as an actuating portion, fig 2a); and a sealing element arranged on the valve body which sealing element is configured to axially secure the valve body in the valve seat (see in which the tap driver unit 4 or valve also contains a bearing body 5 which axially secures the valve body 6 within the seat 3, fig 2a).
Regarding claim 6, Martin teaches the resectoscope valve part according to claim 1 wherein the actuating portion projects beyond the valve body at an end opposite the base portion (see from the fig 5 in which the control arm 14 projects further beyond the valve body portion 6).
Regarding claim 7, Martin teaches the resectoscope valve part according to claim 1 wherein the valve body has a through-opening which is aligned transversely to the longitudinal axis of the valve body, so that the valve body can be adjusted into an open or closed position by rotating the actuating portion about the longitudinal axis (see in which there is a fluid passage 7 that is aligned transversely to the valve body 6 such that it aligns with the external fluid channels 2 and 2.1 to open and close when the body is rotated within the seat element 3, see also fig 3a).
Regarding claim 10, Martin teaches the resectoscope valve part according to claim 1 wherein characterized in that an extension is arranged on the valve body (see the extension cam 12, from fig 3a) which extension is configured to make sliding contact with an outer surface of the valve seat such that a continuous adjustment into different rotational positions of the valve body is possible (see in which the extension cam element 12 is designed as a radial tab to sit on the seat 3 and can be rotated around the outer surface until it locks the edge stop 13).
Regarding claim 11, Martin teaches the resectoscope valve part according to claim 10, wherein the extension is configured as a spring element (see in which the projection 12 can be configured to have a spring cap 18) which is arranged protruding in a pin-like configuration on the base portion of the valve body (see in which the extension piece is a cam protrusion element 12 and therefore a pin-like configuration) and is aligned substantially parallel to the longitudinal axis of the valve body (see from fig 3a in which the protrusion element 12 has a direction that aligns parallel to the valve body axis).
Regarding claim 12, Martin teaches the resectoscope valve part according to claim 1 wherein the valve body and the base portion, are formed in one piece with one another (see from the fig 3a, in which the body 6 and head plate or base 25 are all one continuous element).
Regarding claim 13, Martin teaches a valve arrangement, comprising: a resectoscope valve part (see the valve part or tap driver unit 4), the resectoscope valve part comprising: a substantially cylindrical valve body which (see the cylindrical valve body portion 6, fig 2a); a base portion arranged at the end of the valve body (see the head plate element 25 which acts as a base portion, fig 2a); an actuating portion connected to the base portion (control lever 14 which acts as an actuating portion, fig 2a); and a sealing element arranged on the valve body which sealing element is configured to axially secure the valve body in the valve seat (see in which the tap driver unit 4 or valve also contains a bearing body 5 which axially secures the valve body 6 within the seat 3, fig 2a); and a valve seat for receiving the valve body, wherein the valve body is configured to be inserted into the valve seat along a longitudinal axis (see in which the unit lies on the valve seat 3 along the longitudinal axis during use, fig 2a), wherein the valve seat has a circumferential groove on an inner surface configured for a locking accommodation of the sealing element (please see the Martin annotated figure 2b below which shows an annular groove on the inner side of the seat 3 for receiving the sealing element and body member).
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Martin Annotated Figure 2B.
Regarding claim 14, Martin teaches the valve arrangement according to claim 13, wherein an extension is arranged on the valve body (see the extension cam 12, from fig 3a), which extension is configured to make sliding contact with an outer surface of the valve seat, wherein at least two locking positions for the extension are formed on the outer surface of the valve seat, so that the valve body can be fixed in different rotational positions by the extension (see in which the extension cam element 12 is designed as a radial tab to sit on the seat 3 and can be rotated around the outer surface until it locks the edge stop 13, a stop cam 22 is also present on the radial tab of the edge seat 3, and therefore with the presence of two stop points there are at least two locking positions during rotational movement, see for example fig 2d).
Regarding claim 15, Martin teaches a resectoscope comprising a manually operable working element which has comprises a valve arrangement (medical instrument arrangement 1), the valve arrangement, comprising: a resectoscope valve part (see the valve part or tap driver unit 4), the resectoscope valve part comprising: a substantially cylindrical valve body (see the cylindrical valve body portion 6, fig 2a) which; a base portion arranged at the end of the valve body (see the head plate element 25 which acts as a base portion, fig 2a); an actuating portion connected to the base portion (control lever 14 which acts as an actuating portion, fig 2a); and a sealing element arranged on the valve body which sealing element is configured to axially secure the valve body in the valve seat (see in which the tap driver unit 4 or valve also contains a bearing body 5 which axially secures the valve body 6 within the seat 3, fig 2a); and a valve seat for receiving the valve body, wherein the valve body is configured to be inserted into the valve seat along a longitudinal axis (see in which the unit lies on the valve seat 3 along the longitudinal axis during use, fig 2a), wherein the valve seat has a circumferential groove on an inner surface configured for a locking accommodation of the sealing element (please see the Martin annotated figure 2b above which shows an annular groove on the inner side of the seat 3 for receiving the sealing element and body member).
Regarding claim 19, Martin teaches the valve arrangement according to claim 13, wherein the valve body has a through-opening which is aligned transversely to the longitudinal axis of the valve body, so that the valve body can be adjusted into an open or closed position by rotating the actuating portion about the longitudinal axis (see in which there is a fluid passage 7 that is aligned transversely to the valve body 6 such that it aligns with the external fluid channels 2 and 2.1 to open and close when the body is rotated within the seat element 3, see also fig 3a).
Claim Rejections - 35 USC § 103
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 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) 2-5, 8-9, 16-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martin (German Patent No 102019112594) in view of Wittke (German Patent No 102020118062) .
Regarding claim 2, Martin teaches the resectoscope valve part according to claim 1.
Martin does not teach wherein the actuating portion has a first actuating extension configured for left-handed operation and a second actuating extension configured for right-handed operation, which are each configured to actuate the valve body in relation to the longitudinal axis.
However, the analogous resectoscope valve system taught by Wittke does teach wherein the actuating portion has a first actuating extension configured for left-handed operation and a second actuating extension configured for right-handed operation (see for example the fig 6, in which there are two actuating side arms 23, and therefore one arm 23 may be usable for right hand operation and the secondary arm 23 may be usable for left hand operation), which are each configured to actuate the valve body in relation to the longitudinal axis (see from the fig 5b in which the valve portion is attached longitudinally and the actuation arms 23 may rotate or actuate the valve along the longitudinal axis.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the valve part taught by Martin, to contain the specific actuating extension structure taught by Wittke, in order to allow for easier and more universal operation of the valve member during treatment, as taught by Wittke.
Regarding claim 3, the combination teaches the resectoscope valve part according to claim 2 wherein the actuating portion has a connecting web which runs parallel to the longitudinal axis of the valve body, connects the first and second actuating extensions and is firmly connected, in one piece, to the valve body via the base portion (from Wittke, see fig 3 in which the spring arm or actuatable extensions 23 are connected to each other via one long component piece which runs parallel to the axis and is connected to the valve body 21 at the base of the body).
Regarding claim 4, the combination teaches the resectoscope valve part according to claim 1 wherein the actuating portion has a greater axial length than the valve body (see from Wittke fig 3, it can be seen that the actuating arms 23 have a greater axial length that the valve body 21).
Regarding claim 5, the combination teaches the resectoscope valve part according to claim 1 wherein the actuating portion is substantially U-shaped (see from Wittke fig 3 in which the actuating arms 23 form a U-shaped configuration), wherein the first and second actuating extensions are each aligned substantially transversely to the longitudinal axis of the valve body (from Wittke, fig 6 shows how the actuating arms 23 run transverse to the longitudinal axis of the valve member).
Regarding claim 8, the combination teaches the resectoscope valve part according to claim 1 wherein the sealing element for axially securing the valve body is configured as a clamping seal, comprising an annular seal, which can be clamped into a mating contour in the valve seat (see from Wittke fig 6, in which there are sealing elements 32 present within the valve body which form an annular bead 34 for mating and sealing the valve body 21 in the valve housing displacement path 19).
Regarding claim 9, the combination teaches the resectoscope valve part according to claim 1 wherein characterized in that the sealing element engages in a contour comprising an annular groove, in the valve body (see from Wittke fig 6, in which there are sealing elements 32 present within the valve body which form an annular bead 34 for mating and sealing the valve body 21 in the valve housing displacement path 19).
Regarding claim 16, Martin teaches the valve arrangement according to claim 13.
Martin does not teach wherein the actuating portion has a first actuating extension configured for left-handed operation and a second actuating extension configured for right-handed operation, which are each configured to actuate the valve body in relation to the longitudinal axis.
However, the analogous resectoscope valve system taught by Wittke does teach wherein the actuating portion has a first actuating extension configured for left-handed operation and a second actuating extension configured for right-handed operation (see for example the fig 6, in which there are two actuating side arms 23, and therefore one arm 23 may be usable for right hand operation and the secondary arm 23 may be usable for left hand operation), which are each configured to actuate the valve body in relation to the longitudinal axis (see from the fig 5b in which the valve portion is attached longitudinally and the actuation arms 23 may rotate or actuate the valve along the longitudinal axis.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the valve part taught by Martin, to contain the specific actuating extension structure taught by Wittke, in order to allow for easier and more universal operation of the valve member during treatment, as taught by Wittke.
Regarding claim 17, the combination teaches the valve arrangement according to claim 16, wherein the actuating portion further comprises a connecting web which extends parallel to the longitudinal axis of the valve body, connects the first and second actuating extensions and is fixedly connected, in one piece, to the valve body via the base portion (from Wittke, see fig 3 in which the spring arm or actuatable extensions 23 are connected to each other via one long component piece which runs parallel to the axis and is connected to the valve body 21 at the base of the body).
Regarding claim 18, the combination teaches the valve arrangement according to claim 17, wherein the connecting web of the actuating portion has a greater axial length than the valve body (see from Wittke fig 3, it can be seen that the actuating arms 23 have a greater axial length that the valve body 21) and the actuating portion projects from a location adjacent to the base portion , in a direction away from the base portion, to a location axially beyond an axial extent of the valve body (see from Wittke fig 6, in which the actuating arms 23 project outward in a direction axially beyond the base portion).
Regarding claim 20, the combination teaches the valve arrangement according to the valve arrangement according to claim 13, wherein the sealing element is configured as a clamping seal, comprising an annular seal, which is configured to be clamped into a mating contour of the circumferential groove of the valve seat, and wherein the sealing element engages in a contour, comprising an annular groove, in the valve body (see from Wittke fig 6, in which there are sealing elements 32 present within the valve body which form an annular bead 34 for mating and sealing the valve body 21 in the valve housing displacement path 19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/KYLE M. BROWN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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