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 A, which is directed to the handle for the steerable sheath as illustrated in Fig. 4, in the reply filed on 06/02/2026 is acknowledged.
Status of Claims
In the present application, claims 1-2, 4-11, and 13-22 are currently pending. Claims 3 and 12 have been canceled.
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 1-2, 4-10, 13, and 18-22 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 1 recites the limitation "the control actuator" in line 13. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the in-line control actuator.” Claims 2 and 4-10 are also rejected because of their dependency on the rejection base claim 1. Appropriate correction is required.
Claim 2 recites the limitation "the control actuator" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the in-line control actuator.” Appropriate correction is required.
Claims 6, 13, and 21 all recite the term “approximately” in the phrase “approximately parallel,” which is a relative term and renders each claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore it is unclear as to what amount of degree constitutes as “approximately” within the phrase “a pair of hollow tubes extending approximately parallel.” It is suggested to amend the phrase by omitting the term “approximately.” Appropriate correction is required.
Claim 18 recites “a lumen of the accessory channel shaft” in lines 8-9. However line 5 of claim 18 also recites the limitation “an accessory lumen extending therethrough” or the accessory channel shaft. Therefore it is unclear whether the limitation in lines 8-9 is introducing a second lumen of the accessory channel shaft” or merely referencing the lumen previously introduced in line 5. Examiner is interpreting the limitation in lines 8-9 in reference to the limitation in line 5. Claim 19-24 are also rejected because of their dependence on the rejected base claim 18. 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.
Claims 11 and 15-17 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by McWeeney et al. US2005/0272975) hereinafter McWeeney.
Regarding Claim 11, A scope system (Fig. 31), comprising:
an elongate tube (Fig. 31 insertion tube 3142) having a lumen (Fig. 31 working channel of the insertion tube 3142) extending therethrough, the elongate tube (Fig. 31 insertion tube 3142) including a distal portion (Fig. 31 distal tip 3146) that is moveable by operation of (Fig. 31 via steering mechanism 3170) a first handle (Fig. 31 handle 3140);
a steerable sheath (Fig. 31 catheter 3130) extending at least partially through an accessory channel shaft (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142) of the scope system, wherein the steerable sheath (Fig. 31 catheter 3130) includes a steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) that is moveable (via steering mechanism 3224 in Fig. 33) relative to a distal section of the accessory channel shaft (Fig. 31 distal end section of the lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142);
a control actuator (Fig. 33 steering mechanism 3224) located at a proximal end of the scope system (Fig. 31), wherein operation of the control actuator (Fig. 33 steering mechanism 3224) causes displacement of the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) relative to the distal section of the accessory channel shaft (Fig. 31 distal end section of the lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142); and
an attachment arm (Figs. 31 strap 3234) located at a proximal end of the scope system (Fig. 31), wherein the attachment arm (Figs. 31 strap 3234) has a first end secured to the first handle (Fig. 31 handle 3140), and wherein the attachment arm (Figs. 31 strap 3234) has a second end secured to (via Figs. 33-34 handle 3132) the control actuator (Fig. 33 steering mechanism 3224) such that the control actuator (Fig. 33 steering mechanism 3224) is fixed relative to the first handle (Fig. 31 handle 3140) absent an intervention force ([0175]).
Regarding Claim 15, McWeeney teaches the scope system of claim 11, wherein a second handle (Figs. 33-34 handle 3132) includes the control actuator (Fig. 33 steering mechanism 3224), the second handle (Figs. 33-34 handle 3132) includes a track, the track being configured to receive a sliding port leading to an inner lumen of the steerable sheath ([0164] “The handle 3132 includes a handle housing 3220 to which a steering mechanism 3224, one or more ports 3226, 3228, 3230, and an endoscope attachment device 3234 is operatively connected.” [0166] “In the embodiment shown, the ports include, but are not limited to, a working channel port 3226, an imaging device port 3228, and an irrigation/suction port 3230.”).
Regarding Claim 16, McWeeney teaches the scope system of claim 11, wherein the steerable sheath (Fig. 31 catheter 3130) is configured to receive an endoscopic instrument through an inner lumen ( [0164] “The handle 3132 includes a handle housing 3220 to which a steering mechanism 3224, one or more ports 3226, 3228, 3230, and an endoscope attachment device 3234 is operatively connected.” [0166] “In the embodiment shown, the ports include, but are not limited to, a working channel port 3226, an imaging device port 3228, and an irrigation/suction port 3230.”).
Regarding Claim 17, McWeeney teaches the scope system of claim 11, wherein the steerable sheath (Fig. 31 catheter 3130) enters the accessory channel shaft (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142) via a port (Fig. 31 biopsy port 3172) of a first handle (Fig. 31 handle 3140), and wherein moving the steerable sheath (Fig. 31 catheter 3130) relative to the port (Fig. 31 port 3172) causes the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) to move relative to a terminus of the accessory channel shaft (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142).
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.
Claims 1-2, 4-5, 8-10, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney et al. US2005/0272975) hereinafter McWeeney, in view of Cannon et al. (US2007/0149931) hereinafter Cannon.
Regarding Claim 1, McWeeney discloses a scope system, comprising:
an accessory channel shaft (Fig. 31 insertion tube 3142) including a tubular structure with an accessory lumen (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142) extending therethrough, wherein the accessory channel shaft (Fig. 31 insertion tube 3142) is movably disposed (Fig. 31 via steering mechanism 3170).
a steerable sheath (Fig. 31 catheter 3130) extending at least partially through the accessory lumen (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142), wherein the steerable sheath (Fig. 31 distal end of catheter 3130) includes a steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) that is moveable (via steering mechanism 3224 in Fig. 33) in at least one direction out of an axial direction relative to a distal section (Fig. 31 distal tip 3146) of the accessory channel shaft (Fig. 31 insertion tube 3142); and
an in-line control actuator (Fig. 33 steering mechanism 3224) located at a proximal end of the scope system, wherein operation of the control actuator (Fig. 33steering mechanism 3224) causes deflection of the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) relative to the distal section (Fig. 31 distal tip 3146) of the accessory channel shaft (Fig. 31 insertion tube 3142).
McWeeney is silent as to further comprise an elongate tube having a lumen extending therethrough, the elongate tube including a distal portion; and wherein the accessory channel shaft is movably disposed at least partially within the lumen of the elongate tube.
However Cannon, in the same field of endeavor, teaches an elongate tube (Figs. 1,3-5 neck 12) having a lumen (Figs. 1,3-5 lumen of neck 12) extending therethrough, the elongate tube (Figs. 1,3-5 neck 12) including a distal portion (Fig. 1 insertion end 16) ; and wherein the accessory channel shaft (Figs. 4-5 instrument 32) is movably disposed at least partially within the lumen (Figs. 1,3-5 lumen of neck 12) of the elongate tube (Figs. 1,3-5 neck 12).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney to include the teachings of Cannon to include an elongate tube having a lumen extending therethrough, the elongate tube including a distal portion; and wherein the accessory channel shaft is movably disposed at least partially within the lumen of the elongate tube for the benefit of “…maintaining a fluid and airtight environment when introducing a surgical instrument into a patient by inserting the instrument into the patient through a fluid and airtight chamber of a trocar” (Cannon – abstract).
Regarding Claim 2, McWeeney in view of Cannon teach the scope system of claim 1, wherein the control actuator (McWeeney – Fig. 33 steering mechanism 3224) includes a steerable disc (McWeeney – Fig. 42 inner pulley 3288 or outer pulley 3290) that is mechanically connected to one or more deflection wires (McWeeney – Figs. 33, 43, wires 3202,3204) coupled to the steerable distal end (McWeeney – Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188).
Regarding Claim 4, McWeeney in view of Cannon teach the scope system of claim 1, further comprising a first handle (McWeeney – Fig. 31 handle 3140) for controlling a position of the accessory channel shaft (McWeeney – Fig. 31 insertion tube 3142) and a second handle (McWeeney – Figs. 33-34 handle 3132) for controlling the steerable sheath (McWeeney – Fig. 31 catheter 3130).
Regarding Claim 5, McWeeney in view of Cannon teach the scope system of claim 4, wherein the first handle (McWeeney – Fig. 31 handle 3140) and the second handle (McWeeney – Figs. 33-34 handle 3132) are secured via an attachment arm (Figs. 31 strap 3234).
Regarding Claim 8, McWeeney in view of Cannon teach the scope system of claim 4, wherein the second handle (McWeeney – Figs. 33-34 handle 3132) includes a track, the track being configured to receive a sliding port leading to an inner lumen of the steerable sheath (McWeeney – [0164] “The handle 3132 includes a handle housing 3220 to which a steering mechanism 3224, one or more ports 3226, 3228, 3230, and an endoscope attachment device 3234 is operatively connected.” [0166] “In the embodiment shown, the ports include, but are not limited to, a working channel port 3226, an imaging device port 3228, and an irrigation/suction port 3230.”).
Regarding Claim 9, McWeeney in view of Cannon teach the scope system of claim 1, wherein the steerable sheath (McWeeney – Fig. 31 catheter 3130) is configured to receive an endoscopic instrument through an inner lumen (McWeeney – [0164] “The handle 3132 includes a handle housing 3220 to which a steering mechanism 3224, one or more ports 3226, 3228, 3230, and an endoscope attachment device 3234 is operatively connected.” [0166] “In the embodiment shown, the ports include, but are not limited to, a working channel port 3226, an imaging device port 3228, and an irrigation/suction port 3230.”).
Regarding Claim 10, McWeeney in view of Cannon teach the scope system of claim 1, wherein the steerable sheath (McWeeney – Fig. 31 catheter 3130) enters the accessory channel shaft (Fig. 31 insertion tube 3142) via a port (McWeeney – Fig. 31 port 3172) of a first handle (McWeeney – Fig. 31 handle 3140), and wherein moving the steerable sheath (McWeeney – Fig. 31 catheter 3130) relative to the port (McWeeney – Fig. 31 port 3172) causes the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) to move relative to a terminus (McWeeney – near reference numeral 3146 of Fig. 31) of the accessory channel shaft (McWeeney - Fig. 31 insertion tube 3142).
Regarding Claim 18, McWeeney discloses a scope system comprising:
an accessory channel shaft (Fig. 31 insertion tube 3142), the accessory channel shaft including a tubular structure with an accessory lumen (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142) extending therethrough, wherein the accessory channel shaft (Fig. 31 insertion tube 3142) is movably disposed (Fig. 31 via steering mechanism 3170), and
an elongated steerable instrument (Fig. 31 catheter 3130) extending at least partially through a lumen (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142) of the accessory channel shaft (Fig. 31 insertion tube 3142),
wherein the steerable instrument includes (Fig. 31 catheter 3130) a steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) that is moveable (via steering mechanism 3224 in Fig. 33) in at least one direction out of an axial direction relative to a distal section (Fig. 31 distal tip 3146) of the accessory channel shaft (Fig. 31 insertion tube 3142); and
wherein the movability (via steering mechanism 3224 in Fig. 33) of the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) is provided by mechanical communication with a control actuator (Fig. 33 steering mechanism 3224) located at a proximal end of the scope system, wherein operation of the control actuator (Fig. 33 steering mechanism 3224) causes deflection of the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) relative to the distal section Fig. 31 distal tip 3146) of the accessory channel shaft (Fig. 31 insertion tube 3142).
McWeeney is silent as to further comprise an elongate tube having a lumen extending therethrough, the elongate tube including a distal portion; and wherein the accessory channel shaft is movably disposed at least partially within the lumen of the elongate tube.
However Cannon, in the same field of endeavor, teaches an elongate tube (Figs. 1,3-5 neck 12) having a lumen (Figs. 1,3-5 lumen of neck 12) extending therethrough, the elongate tube (Figs. 1,3-5 neck 12) including a distal portion (Fig. 1 insertion end 16) ; and wherein the accessory channel shaft (Figs. 4-5 instrument 32) is movably disposed at least partially within the lumen (Figs. 1,3-5 lumen of neck 12) of the elongate tube (Figs. 1,3-5 neck 12).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney to include the teachings of Cannon to include an elongate tube having a lumen extending therethrough, the elongate tube including a distal portion; and wherein the accessory channel shaft is movably disposed at least partially within the lumen of the elongate tube for the benefit of “…maintaining a fluid and airtight environment when introducing a surgical instrument into a patient by inserting the instrument into the patient through a fluid and airtight chamber of a trocar” (Cannon – abstract).
Regarding Claim 19, McWeeney in view of Cannon teach the scope system of claim 18, wherein the control actuator (McWeeney – Fig. 33 steering mechanism 3224) includes a steerable disc (McWeeney – Fig. 42 inner pulley 3288 or outer pulley 3290) that is mechanically connected to one or more deflection wires (McWeeney – Figs. 33, 43, wires 3202,3204) coupled to the steerable distal end (McWeeney – Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188), where the one or more deflection wires (McWeeney – Figs. 33, 43, wires 3202,3204) provide the mechanical communication.
Regarding Claim 20, McWeeney in view of Cannon teach the scope system of claim 18, wherein the steerable instrument (Fig. 31 catheter 3130) is constructed to enter the accessory channel shaft (Fig. 31 insertion tube 3142) via a port (Fig. 31 biopsy port 3172) of a first handle (Fig. 31 handle 3140), and wherein moving the steerable instrument (Fig. 31 catheter 3130) relative to the port (Fig. 31 biopsy port 3172) causes the steerable distal end (Fig. 31 distal end of catheter 3130, illustrated in Fig. 33 as tip section 3188) to move relative to a terminus of the accessory channel shaft (Fig. 31 lumen of biopsy port 3172 in connection with the working channel of the insertion tube 3142).
Claims 7 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney in view of Cannon in view of Greenburg et al. (US2010/0198007) hereinafter Greenburg
Regarding Claim 7, McWeeney in view of Cannon teach the scope system of claim 5, but is silent at further teaching wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a buckle (Greenburg – Figs. 6-9 outer bracket 10/210) that selectively engages a female receiver (Greenburg – Figs. 6-9 clamping portion 212) fixed to (Greenburg – via insert 14) the first handle (Greenburg – Fig. 8 handle).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon to include wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
Regarding Claim 22, McWeeney in view of Cannon teach the scope system of claim 18, further comprising a first handle (McWeeney – Fig. 31 handle 3140) for controlling a position of the elongated tube (McWeeney – via manipulation of insertion tube 3142 in Fig. 31) and a second handle (McWeeney – Figs. 33-34 handle 3132) for controlling the steerable instrument (McWeeney – Fig. 31 catheter 3130), wherein the first handle (McWeeney – Fig. 31 handle 3140) and the second handle (McWeeney – Figs. 33-34 handle 3132) are secured via an attachment arm (Figs. 31 strap 3234),
McWeeney in view of Cannon but is silent at further teaching wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a buckle (Greenburg – Figs. 6-9 outer bracket 10/210) that selectively engages a female receiver (Greenburg – Figs. 6-9 clamping portion 212) fixed to (Greenburg – via insert 14) the first handle (Greenburg – Fig. 8 handle).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon to include wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
Claims 6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over McWeeney in view of Cannon in view of Greenburg et al. (US2010/0198007) hereinafter Greenburg in view of R.M. Sherrill (US2269790) hereinafter Sherrill.
Regarding Claim 6, McWeeney in view of Cannon teach the scope system of claim 5, but is silent wherein the attachment arm includes a pair of hollow tubes extending approximately parallel.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a pair of hollow tubes (Greenburg – Figs. 6-9 clip near resilient jaws labeled 18 in Figs. 6-9 and labeled 218 is paragraph [0068]) extending approximately parallel (Greenburg – Figs. 6-9).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon to include wherein the attachment arm includes a pair of hollow tubes extending approximately parallel as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
While Greenburg fails to explicitly describe the resilient jaws to be hollow tubes, Sherrill teaches a similar mechanism in Figs. 1-3 with references to clamping arms 9.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon in view of Greenburg with the teachings of Sherill to have attachment arm includes a pair of hollow tubes for the benefit of the being “manufactured very conveniently and inexpensively” (Sherill – [col. 2 lines 27-37] “The clamping arms 9, 9 and the nut 14 can be stamped from sheet metal, while the stud 4 and support rod I can be made in a screw ma- chine, and the assembly consists in simply hooking the spring 16 into the circular groove 7, screwing on the nut 14, inserting the end of the stud 4 into the rod I and securing it by peening at the points 5, 5 and attaching the arms 9, 9 by means of the rivet 13. It will be seen from this that the device can be manufactured very conveniently and inexpensively.”)
Regarding Claim 21, McWeeney in view of Cannon teach the scope system of claim 18, further comprising a first handle (McWeeney – Fig. 31 handle 3140) for controlling a position of the elongated tube (McWeeney – via manipulation of insertion tube 3142 in Fig. 31) and a second handle (McWeeney – Figs. 33-34 handle 3132) for controlling the steerable instrument (McWeeney – Fig. 31 catheter 3130), wherein the first handle (McWeeney – Fig. 31 handle 3140) and the second handle (McWeeney – Figs. 33-34 handle 3132) are secured via an attachment arm (Figs. 31 strap 3234),
McWeeney in view of Cannon is silent wherein the attachment arm includes a pair of hollow tubes extending approximately parallel.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a pair of hollow tubes (Greenburg – Figs. 6-9 clip near resilient jaws labeled 18 in Figs. 6-9 and labeled 218 is paragraph [0068]) extending approximately parallel (Greenburg – Figs. 6-9).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon to include wherein the attachment arm includes a pair of hollow tubes extending approximately parallel as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
While Greenburg fails to explicitly describe the resilient jaws to be hollow tubes, Sherrill teaches a similar mechanism in Figs. 1-3 with references to clamping arms 9.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Cannon in view of Greenburg with the teachings of Sherill to have attachment arm includes a pair of hollow tubes for the benefit of the being “manufactured very conveniently and inexpensively” (Sherill – [col. 2 lines 27-37] “The clamping arms 9, 9 and the nut 14 can be stamped from sheet metal, while the stud 4 and support rod I can be made in a screw ma- chine, and the assembly consists in simply hooking the spring 16 into the circular groove 7, screwing on the nut 14, inserting the end of the stud 4 into the rod I and securing it by peening at the points 5, 5 and attaching the arms 9, 9 by means of the rivet 13. It will be seen from this that the device can be manufactured very conveniently and inexpensively.”)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over McWeeney in view of Greenburg et al. (US2010/0198007) hereinafter Greenburg, in view of R.M. Sherrill (US2269790) hereinafter Sherrill.
Regarding Claim 13, McWeeney teach the scope system of claim 11, but is silent wherein the attachment arm includes a pair of hollow tubes extending approximately parallel.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a pair of hollow tubes (Greenburg – Figs. 6-9 clip near resilient jaws labeled 18 in Figs. 6-9 and labeled 218 is paragraph [0068]) extending approximately parallel (Greenburg – Figs. 6-9).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney to include wherein the attachment arm includes a pair of hollow tubes extending approximately parallel as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
While Greenburg fails to explicitly describe the resilient jaws to be hollow tubes, Sherrill teaches a similar mechanism in Figs. 1-3 with references to clamping arms 9.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney in view of Greenburg with the teachings of Sherill to have attachment arm includes a pair of hollow tubes for the benefit of the being “manufactured very conveniently and inexpensively” (Sherill – [col. 2 lines 27-37] “The clamping arms 9, 9 and the nut 14 can be stamped from sheet metal, while the stud 4 and support rod I can be made in a screw ma- chine, and the assembly consists in simply hooking the spring 16 into the circular groove 7, screwing on the nut 14, inserting the end of the stud 4 into the rod I and securing it by peening at the points 5, 5 and attaching the arms 9, 9 by means of the rivet 13. It will be seen from this that the device can be manufactured very conveniently and inexpensively.”)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over McWeeney in view of Greenburg et al. (US2010/0198007) hereinafter Greenburg.
Regarding Claim 14, McWeeney in view of Cannon teach the scope system of claim 11, but is silent at further teaching wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle.
However Greenburg, in the same field of endeavor, teaches wherein the attachment arm (Greenburg – Figs. 6-9 clip) includes a buckle (Greenburg – Figs. 6-9 outer bracket 10/210) that selectively engages a female receiver (Greenburg – Figs. 6-9 clamping portion 212) fixed to (Greenburg – via insert 14) the first handle (Greenburg – Fig. 8 handle).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of McWeeney with the teachings of Greenburg to include wherein the attachment arm includes a buckle that selectively engages a female receiver fixed to the first handle as taught by Greenburg for the benefit to clamp “…a substantially cylindrical body portion of an accessory in an orientation substantially perpendicular to a central axis of the bronchoscope handle/body” (Greenburg – [0068]).
Conclusion
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/MEGAN ELIZABETH MONAHAN/ Examiner, Art Unit 3795
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