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 § 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.
(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 1 and 4-9 are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Komi (US 5,343,853).
Regarding Claim 1, Komi discloses:
An endoscope comprising:
a distal end part (10) formed with an elevator housing portion (distal housing shown in Fig. 1);
an elevator (16) disposed in the elevator housing portion (shown in Fig. 1); and
a treatment tool insertion path (channel 13) communicating with a treatment tool outlet that is open to the elevator housing portion (shown in Fig. 1 showing 13 leading to the elevator housing),
wherein the treatment tool insertion path has a diameter-enlarged portion that enlarges in diameter toward the treatment tool outlet (see the distal portion of 13 that includes an unnumbered funnel opening to the tool outlet).
Regarding Claim 4, Komi further discloses a wire insertion path (the path of wire 18; see Fig. 3) into which an operation wire (18) is inserted, wherein the elevator is rotatably disposed in the elevator housing portion, and the operation wire is connected to the elevator (see Fig. 1 showing 18 connected to 16).
Regarding Claim 5, Komi further discloses wherein the elevator housing portion is provided with an opening portion that has a component (shown as R in Fig. 1) in a direction orthogonal to an opening direction of the treatment tool outlet and that is open in a first direction, and in a cross section of the diameter-enlarged portion along a plane determined by the opening direction of the treatment tool outlet and the first direction, an extension line of a bottom portion of the diameter-enlarged portion on a second direction side opposite to the first direction is located on the second direction side with respect to a rotation shaft of the elevator (see Fig. 1 and marked up drawing below with the extension line opposite the opening).
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Regarding Claim 6, Komi further discloses wherein the elevator housing portion is provided with an opening portion that has a component (shown as R in Fig. 1) in a direction orthogonal to an opening direction of the treatment tool outlet and that is open in a first direction, the elevator has a treatment tool guide surface that guides a treatment tool led out from the treatment tool outlet toward the opening portion, and in a cross section of the treatment tool insertion path along a plane determined by the opening direction of the treatment tool outlet and the first direction, an extension line of a bottom portion of a connecting portion, which is connected to a base end side of the diameter-enlarged portion, in the treatment tool insertion path on a second direction side opposite to the first direction intersects the treatment tool guide surface (see Fig. 1 and marked up drawing below with the extension line opposite the opening).
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Regarding Claim 7, Komi further discloses wherein the treatment tool outlet also serves as a liquid supply port for supplying a liquid for cleaning or disinfection to the elevator (functional language; the outlet can receive a tool as shown in Fig. 1 such that liquid can also be supplied through the outlet).
Regarding Claim 8, Komi further discloses wherein the elevator has a liquid guide surface (19) that guides the liquid supplied to the elevator in a direction in which a rotation shaft of the elevator is provided (the claim is functional in nature, if liquid is applied to the guide surface 19, because the surface has multiple arcuate portions 19A-19D, 19A or 19C will direct fluid toward the rotation shaft of the elevator at least in some orientations (while the fluid would be directed toward the rotation shaft as seen in Fig. 6, the Examiner also notes that the liquid can be directed along the surface via gravity in at least some spatial orientations such that the fluid will flow toward the shaft)).
Regarding Claim 9, Komi further discloses wherein the liquid guide surface is provided at a position facing the treatment tool outlet in a case in which the elevator is in an elevated state (shown in Fig. 6).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Komi (US 5,343,853) in view of Matsuno (US 5,562,600).
Komi discloses the invention substantially as claimed as stated above.
Regarding Claim 2, Komi does not explicitly disclose a wire insertion path into which an operation wire is inserted, wherein the wire insertion path and the elevator are disposed on sides opposite to each other across a partition wall, the partition wall is provided with a through-hole penetrating a space between a side where the wire insertion path is disposed and a side where the elevator is disposed, and a power transmitting member that is inserted into the through-hole and that has one end connected to the elevator and the other end connected to the operation wire is provided. Matsuno teaches such a configuration with a control wire (22) on the opposite side of wall (15) relative to elevator (5). The wire connects to the elevator by means of driving shaft 13 (See Figs. 3-6) that extends through the wall 15 (see Fig. 3, for example). This configuration isolates the control wire from the tool guide member to remove the possibility of the tool getting caught on the control wire. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Komi’s device to include Matsuno’s wire and control lever configuration. Such a modification prevents the tool from getting caught on the control wire.
Regarding Claim 3, Komi as modified further discloses wherein the power transmitting member includes a rotation shaft (Matsuno – 13) to which the elevator is connected on one end side, and an elevating lever (Matsuno – 21) that is provided on the other end side of the rotation shaft and to which the operation wire is connected (see Fig. 6, for example of Matsuno).
Conclusion
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/TIMOTHY J NEAL/ Primary Examiner, Art Unit 3795