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 .
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 11 is 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 11 further defines the contact sensor introduced in claim 10 as being a switch. However, the contact sensor is not required by claim 10 as it is claimed in a Markush grouping of alternative types of sensors. Therefore, it is not clear if the sensor is required by claim 11 to be a contact sensor. Appropriate correction is required.
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.
Claim(s) 1-3, 5-6, 9-12, 14-17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Tate et al. (US 2019/0175296).
Regarding claims 1 and 16, Tate et al. (hereafter “D1”) discloses a cabinet having storage hook (endoscope hanger 70, wall 28, controller 38) for storing a flexible endoscope (title; [0031]), the storage hook comprising: a receptacle (arm 72 upper end 72a having a cradle 94) for storing the flexible endoscope, an endoscope presence sensor (130; [0014, 0039-0040]) configured to detect a placement or removal of the flexible endoscope in the receptacle, and a controller (38) including a processor comprising hardware (controller 38 disclosed as controlling display panel, lock, communication by email and/or to printer – [0042, 0044]), the processor being configured to receive an input signal from the sensor and to output an output signal based on the input signal from the sensor ([0014]).
Regarding claim 2, D1 discloses wherein the output signal of the processor is for one or more of process control and documentation of the flexible endoscope (controller disclosed to process data regarding presence and send data to display - [0014]).
Regarding claim 3, D1 discloses wherein the controller (38) further comprises a display (36) and a wireless connection unit (RFID receiving devices disclosed and displaying of RFID data on display – [0041]).
Regarding claim 5, D1 discloses wherein the controller (38) further comprises an internal clock (time keeping by the controller disclosed – [0041, 0044]).
Regarding claim 6, D1 discloses wherein the controller (38) further comprises an RFID readout (on display 36) configured to read information output from the flexible endoscope ([0041, 0044]).
Regarding claim 9, D1 discloses wherein the controller further comprises a connector (120 v ac power supply disclosed – [0043] – inherently has a connector) configured to be connected to an external power supply.
Regarding claim 10, D1 discloses wherein the endoscope presence sensor is one of an optical sensor, an electrical or mechanical contact sensor, a light sensor, a magnetic sensor and a deformation sensor operatively connected to the receptacle (optical and rfid sensing disclosed – [0039]).
Regarding claim 11, D1 discloses wherein the contact sensor is a switch (a light receiver in contact with light from led source is disclosed which constitutes a switch as it signals when the light source is switched off / blocked – [0039]).
Regarding claim 12, D1 discloses further comprising a back plate (wall 28 – figure 3) for supporting the receptacle.
Regarding claim 14, D1 discloses wherein the back plate (28) having one or more screw holes configured to fix the back plate to one of a storage device or room (screw holes indicated in figure 4, back plate is attached to cabinet storage device).
Regarding claim 15, D1 discloses further comprising one or more spacers (arm 72 meets the limitation of a spacer, gromet at base of arm in figure 3 also meets the limitation of a spacer, pivot support member 74 also hold arm 72 spaced from wall – [0032]) configured and positioned on the storage hook to provide a spacing between the hook and a cabinet wall.
Regarding claim 17, D1 discloses a storage system (endoscope storage cabinet 20, central console disclosed in [0041]) comprising: a central computer (central console external to cabinet); and one or more storage hooks according to claim 1, wherein the central computer being connected to the processor of the one or more storage hooks ([0041] discloses sending information from controller to central console by wireless connection), to receive data from the one or more storage hooks and to centrally process the received data for documentation of storage of one or more corresponding flexible endoscopes.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tate et al. (US 2019/0175296) in view of Zeng et al. (CN 113679326).
Regarding claim 4, D1 teaches use of forced air drying and cleaning of endoscopes being stored but does not specifically state use of humidity and temperature sensors. Zeng et al. (hereafter “D2”) discloses an endoscope cabinet comprising a humidity sensor and temperature sensor used in the cabinet for use in cleaning of the endoscope devices (from translated document). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize a humidity and temperature sensor as taught by D2 on the endoscope hook device of D1 for providing data to guide the drying/cleaning process.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tate et al. (US 2019/0175296) in view of Jackson et al. (US 11,974,721).
Regarding claims 7-8, D1 does not disclose a self-container power supply in the form of a battery. Jackson et al. (hereafter “D3”) teaches an endoscope cart (20) comprising a controller and/or sensor powered by a battery (164) (col. 12, lines 34-39). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to supply a battery power supply to D1 as taught by D3 for the purpose of constant power to the controller or other parts and as a backup source.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tate et al. (US 2019/0175296) in view of Bjorum et al. (US 2016/0113716).
Regarding claim 13, D1 discloses wherein the receptacle (arm 72 and cradle 94 are slidably connected in/to wall 28) is slidably connected to the back plate (28) but does not teach containing a spring biasing the receptacle against the back plate into an uppermost position.
Bjorum et al. (hereafter “D4”) disclose an endoscope cabinet (100) comprising a movable hook support (at instrument holder 203E) having a spring (210) securing the hook support (figure 6; [0028]) in position.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to incorporate a spring as taught by D4 attached to the hook arm of D1 for assisting the up and down movement of the endoscope on the holder.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631
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