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 c in the reply filed on 06/22/2026 is acknowledged.
Status of Claims
Claims 1-20 are pending, claims 8, 10, and 20 are withdrawn from consideration, and claims 1-7, 9, and 11-19 are currently under consideration for patentability under 37 CFR 1.104
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/18/2024 has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the vertical air channel extending between the vent opening and the working opening and a side channel extending between the vertical air channel and the suction source opening (claim 5, 17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the sliding shaft channel is separated from the vertical air channel such that the sliding shaft channel is not in fluid communication with the vent opening, working opening, or suction source opening (claim 7, 19) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first outer seal positioned on the side surface of the valve body above the suction source opening and a second outer seal positioned on the side surface of the valve body below the suction source opening (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one of the first and second outer seals is a radial o-ring (claim 12) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 13 and all dependent claims thereof 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 13 recites the limitation "the suction valve assembly" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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)(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) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tobien (U.S. 2018/0361034).
With respect to claim 1, Tobien teaches a suction valve assembly for a medical device, comprising:
a cylindrical valve body (2,12) having a top, a bottom, and a side surface (FIG. 5A,B), the valve body having a vent opening (18) in the top, a working opening (17) in the bottom, and a suction source opening in the side surface (area of 8);
a valve cap (9);
a sliding shaft (4) attached to the valve cap, the sliding shaft and valve cap moving vertically relative to the valve body between an upper position and a lower position (FIG. 5B,6B); and
a lower seal (15) attached to the sliding shaft, the seal seating against and obstructing the working opening when the sliding shaft is in the upper position, the lower seal below and not obstructing the working opening when the sliding shaft is in the lower position (FIG. 5B,6B).
With respect to claim 2, Tobien teaches an upper seal (16) moving with the sliding shaft and valve cap, the upper seal seating against and obstructing the vent opening when the sliding shaft is in the lower position, the upper seal above and not obstructing the vent opening when the sliding shaft is in the upper position (FIG. 5B,6B).
With respect to claim 3, Tobien teaches wherein the upper seal is attached to the valve cap (FIG. 5B).
With respect to claim 4, Tobien teaches the upper seal is attached to the sliding shaft (FIG. 5B).
With respect to claim 9, Tobien teaches a spring member (13) positioned between the valve body and the valve cap, the spring member biased to push the valve cap and sliding shaft upward into the upper position (FIG. 5B).
Claim(s) 1, 5-7, AND 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arai (U.S. 2021/0076914).
With respect to claim 1, Arai teaches a suction valve assembly for a medical device, comprising:
a cylindrical valve body (20) having a top, a bottom, and a side surface (FIG. 4), the valve body having a vent opening in the top (82h), a working opening (FIG. 4) in the bottom, and a suction source opening in the side surface (83i);
a valve cap (61b);
a sliding shaft (61j) attached to the valve cap, the sliding shaft and valve cap moving vertically relative to the valve body between an upper position and a lower position (FIG. 4,5); and
a lower seal (61t) attached to the sliding shaft, the seal seating against and obstructing the working opening when the sliding shaft is in the upper position, the lower seal below and not obstructing the working opening when the sliding shaft is in the lower position (FIG. 4,5).
With respect to claim 5, Arai teaches the valve body further having a vertical air channel (90B) extending between the vent opening and the working opening and a side channel extending between the vertical air channel and the suction source opening (FIG. 2, 4).
With respect to claim 6, Arai teaches the valve body further having a sliding shaft channel (83) housing the sliding shaft (FIG. 4).
With respect to claim 7, Arai teaches the sliding shaft channel is separated from the vertical air channel such that the sliding shaft channel is not in fluid communication with the vent opening, working opening, or suction source opening (FIG. 4).
With respect to claim 13, Arai teaches an endoscopic surgical device, comprising:
an endoscopic probe having a working channel (FIG. 1);
a suction valve assembly for a medical device, comprising:
a cylindrical valve body (20) having a top, a bottom, and a side surface (FIG. 4), the valve body having a vent opening in the top (82h), a working opening (FIG. 4) in the bottom, and a suction source opening in the side surface (83i);
a valve cap (61b);
a sliding shaft (61j) attached to the valve cap, the sliding shaft and valve cap moving vertically relative to the valve body between an upper position and a lower position (FIG. 4,5); and
a lower seal (61t) attached to the sliding shaft, the seal seating against and obstructing the working opening when the sliding shaft is in the upper position, the lower seal below and not obstructing the working opening when the sliding shaft is in the lower position (FIG. 4,5); and
a source of suction (33) in fluid communication with the suction source opening of the suction valve assembly, such that, when the sliding shaft of the valve is in the lower position, it provides suction to the working channel of the endoscopic probe from the suction source opening, through the valve body, and into the working channel opening (FIG. 5 for example).
With respect to claim 14, Arai teaches an endoscopic handle having a suction valve location with an inner wall, the side surface of the body valve of the suction valve assembly pressing tightly against the inner wall of the suction valve location of the endoscopic handle (FIG. 1, 4).
With respect to claim 15, Arai teaches when the sliding shaft of the valve is in the upper position, the source of suction is in fluid communication with the vent opening of the valve assembly such that the source of suction is open to room air (FIG. 4).
With respect to claim 16, Arai teaches an upper seal (62) moving with the sliding shaft and valve cap, the upper seal seating against and obstructing the vent opening when the sliding shaft is in the lower position, the upper seal above and not obstructing the vent opening when the sliding shaft is in the upper position (FIG. 4, 5).
With respect to claim 17, Arai teaches the valve body further having a vertical air channel (90B) extending between the vent opening and the working opening and a side channel extending between the vertical air channel and the suction source opening (FIG. 2, 4).
With respect to claim 18, Arai teaches the valve body further having a sliding shaft channel (83) housing the sliding shaft (FIG. 4).
With respect to claim 19, Arai teaches the sliding shaft channel is separated from the vertical air channel such that the sliding shaft channel is not in fluid communication with the vent opening, working opening, or suction source opening (FIG. 4).
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tobien (U.S. 2018/0361034) in view of Comee et al. (U.S. 2021/0298572).
Tobien teaches a suction valve assembly as set forth above. However, Tobie does not teach first and second outer seals.
With respect to claim 11, Comee et al. teaches a first outer seal positioned on the side surface of the valve body above the suction source opening and a second outer seal positioned on the side surface of the valve body below the suction source opening (1666-1 and 2, FIG. 16).
With respect to claim 12, Comee et al. teaches at least one of the first and second outer seals is a radial o-ring (1666-1 and 2).
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 Tobien to include outer first and second seals in the manner taught by Comee et al. in order to prevent portions of flow from being lost (para [0091] of Comee et al.).
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.
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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.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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