Prosecution Insights
Last updated: August 14, 2026
Application No. 18/924,496

SUCTION VALVE FOR AN ENDOSCOPE

Non-Final OA §102§112
Filed
Oct 23, 2024
Priority
Oct 24, 2023 — provisional 63/592,725
Examiner
MONAHAN, MEGAN ELIZABETH
Art Unit
3795
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Boston Scientific Corporation
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 10m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
70 granted / 121 resolved
-12.1% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
23 currently pending
Career history
156
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
27.4%
-12.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§102 §112
CTNF 18/924,496 CTNF 96543 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims In the present application, claims 1-20 are currently pending and examined below. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-20 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 recess bottoms" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the recess bottom.” Thus, claims 2-9, which directly or indirectly, depend from claim 1 are also rejected because of their dependency on the rejected base claim 1. Appropriate correction is required. Claim 1 recites the limitation "the plurality of recesses" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the plurality of vertical recesses.” Thus, claims 2-9, which directly or indirectly, depend from claim 1 are also rejected because of their dependency on the rejected base claim 1. Appropriate correction is required. Claim 1 recites the limitation “the shaft seal above and not obstructing fluid flow between the side channel and the vent opening when the sliding shaft is in the upper position” in lines 13-14. The limitation is unclear because of how the term ‘above’ is used in the context of the limitation. It is unclear what the shaft seal is above when the sliding shaft is in the upper position. Therefore the limitation makes claim 1 indefinite. Thus, claims 2-9, which directly or indirectly, depend from claim 1 are also rejected because of their dependency on the rejected base claim 1. Appropriate correction is required. Claim 4 recites the limitation "the suction source opening" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “a suction source opening.” Thus, claim 5 , which directly depends from claim 4, is also rejected because of its dependency on the rejected base claim 4. Appropriate correction is required. Claim 6 recites the limitation "the bottom shaft" in line 2. There is insufficient antecedent basis for this limitation in the claim. Thus, claim 7 , which directly depends from claim 6, is also rejected because of its dependency on the rejected base claim 7. Appropriate correction is required. Claim 6 recites the limitation “the bottom seal moving with the bottom shaft to obstruct the working opening when in the upper position and to not obstruct the working opening when in the upper position ” in lines 2-4. However it is unclear how the seal can be moving and be in an upper position to obstruct the working opening AND ALSO be in the upper position and not obstruct the working opening. Thus, claim 7 , which directly depends from claim 6, is also rejected because of its dependency on the rejected base claim 7. Appropriate correction is required. Claim 8 recites the limitation "the suction source opening" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “a suction source opening.” Appropriate correction is required. Claim 9 recites the limitation "the recesses" in lines 3, 5, and 6. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitations to state, “the plurality of recesses.” Appropriate correction is required. Claim 10 recites the limitation "the shaft seal" in line 6. There is insufficient antecedent basis for this limitation in the claim. Thus, claims 11-12, which directly, depend from claim 10 are also rejected because of their dependency on the rejected base claim 10. Appropriate correction is required. Claim 13 recites the limitation "the recess bottoms" in line 14. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the recess bottom.” Thus, claims 14-16, which directly or indirectly, depend from claim 13 are also rejected because of their dependency on the rejected base claim 13. Appropriate correction is required. Claim 13 recites the limitation “the shaft seal above and not obstructing fluid flow between the side channel and the vent opening when the sliding shaft is in the upper position” in lines 16-18. The limitation is unclear because of how the term ‘above’ is used in the context of the limitation. It is unclear what the shaft seal is above when the sliding shaft is in the upper position. Therefore the limitation makes claim 13 indefinite. Thus, claims 14-16, which directly or indirectly, depend from claim 13 are also rejected because of their dependency on the rejected base claim 13. Appropriate correction is required. Claim 13 recites the limitation "the suction source opening" in line 19. There is insufficient antecedent basis for this limitation in the claim. Thus, claims 14-16, which directly or indirectly, depend from claim 13 are also rejected because of their dependency on the rejected base claim 13. Appropriate correction is required. Claim 13 recites the limitation "the valve" in line 20. There is insufficient antecedent basis for this limitation in the claim. Thus, claims 14-16, which directly or indirectly, depend from claim 13 are also rejected because of their dependency on the rejected base claim 13. Appropriate correction is required. Claim 15 recites the limitation "the valve" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required. Claim 17 recites the limitation "the shaft seal" in line 9. There is insufficient antecedent basis for this limitation in the claim. Thus, claims 18-20, which directly, depend from claim 17 are also rejected because of their dependency on the rejected base claim 17. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-20 are rejected under 35 U.S.C. 102( a)(1) and (a)(2 ) as being anticipated by Kenneth McCabe (US2021/0378486) hereinafter McCabe . Regarding Claim 1, McCabe discloses a suction valve assembly (Figs. 1-7 suction valve 28) for a medical device (Fig. 1 endoscope 10) , comprising: a valve body (see annotated Fig. 5) having a top (see annotated Fig. 5) , a bottom (see annotated Fig. 5) , and a side surface (see annotated Fig. 5) , the valve body (Figs. 1-7 valve body 38) having a central channel (Figs. 2-7 valve body interior 48, [0025-26]) extending vertically between a vent opening (Fig. 5 near opening 39) in the top (see annotated Fig. 5) and a working opening (see annotated Fig. 5) in the bottom (see annotated Fig. 5) , the valve body (see annotated Fig. 5) also having a side channel (Figs. 1-7 suction port 71) extending from the central channel (Figs. 2-7 valve body interior 48, [0025-26]) to the side surface (see annotated Fig. 5) , the central channel (Figs. 2-7 valve body interior 48, [0025-26]) having a plurality of vertical recesses (Figs. 2-7 plurality of apertures 52) each extending between the top (see annotated Fig. 5) of the valve body (Figs. 1-7 valve body 38) and a recess bottom (see annotated Fig. 5) positioned above the side channel (Figs. 1-7 suction port 71) ; a sliding shaft (Figs. 2-7 stem 39) moving vertically relative to the valve body (Figs. 1-7 valve body 38) between an upper position (Fig. 5) and a lower position (Fig. 6, [0026-0030]) ; and a shaft seal (Figs. 2-7 sealing member 40 and o-ring 64, [0032]) attached to an exterior surface of the sliding shaft (Figs. 2-7 stem 39) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) seating against the recess bottoms of each of the plurality of recesses (Figs. 2-7 plurality of apertures 52) to obstruct fluid flow between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the lower position (Fig. 6) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) above and not obstructing fluid flow between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the upper position (Fig. 5, [0026-0030]) . PNG media_image1.png 804 788 media_image1.png Greyscale Regarding Claim 2, McCabe discloses the suction valve assembly of claim 1, wherein the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) is a radial o-ring (Figs. 2-7 o-ring 64) . Regarding Claim 3, McCabe discloses the suction valve assembly of claim 1, wherein the shaft seal (Figs. 2-7 sealing member 40) is made of a flexible material ([0031] “The sealing member 40 is formed of a flexible, deformable material such as silicon or silicone rubber, TPE (thermoplastic elastomer), TPR (thermoplastic rubber), or PVC. “) having a lower durometer than the sliding shaft (Figs. 2-7 stem 39 [0028] “The stem 39 may be formed of a rigid material and extends upwardly from the valve body interior into a chamber 70 created by the sidewall 44 and base wall 42.”) . Regarding Claim 4, McCabe discloses the suction valve assembly of claim 1, wherein the sliding shaft (Figs. 2-7 stem 39) comprises a bottom opening (see annotated Fig. 5) , a side opening (see annotated Fig. 5) positioned to align with the suction source opening of the valve body (see annotated Fig. 5) when the sliding shaft (Figs. 2-7 stem 39) is in the lower position (Fig. 6) , and an interior channel in fluid communication with the bottom opening (see annotated Fig. 5) and the side opening (see annotated Fig. 5) . PNG media_image2.png 803 1053 media_image2.png Greyscale Regarding Claim 5, McCabe discloses the suction valve assembly of claim 4, wherein the side opening (see annotated Fig. 5) of the sliding shaft (Figs. 2-7 stem 39) is a slit (see annotated Fig. 5) extending from the bottom opening (see annotated Fig. 5) of the sliding shaft (Figs. 2-7 stem 39) . PNG media_image2.png 803 1053 media_image2.png Greyscale Regarding Claim 6, McCabe discloses 6. The suction valve assembly of claim 1, further comprising a bottom seal (Figs. 2-7 valve seal 80) attached to the sliding shaft (Figs. 2-7 stem 39) , the bottom seal (Figs. 2-7 valve seal 80) moving with the bottom shaft (Figs. 2-7 stem 39) to obstruct the working opening when in the upper position (Fig. 5) and to not obstruct the working opening when in the upper position. Regarding Claim 7, McCabe discloses 7. The suction assembly of claim 6, wherein the bottom seal (Figs. 2-7 valve seal 80) is made of a flexible material ([0031] “The sealing member 40 is formed of a flexible, deformable material such as silicon or silicone rubber, TPE (thermoplastic elastomer), TPR (thermoplastic rubber), or PVC. The sealing member 40 has a proximal end 40 a fixedly secured to the stem 39 and an opposed distal end 40 b forming a valve seal 80. “) having a lower durometer than the sliding shaft (Figs. 2-7 stem 39 [0028] “The stem 39 may be formed of a rigid material and extends upwardly from the valve body interior into a chamber 70 created by the sidewall 44 and base wall 42.”) Regarding Claim 8, McCabe discloses suction assembly of claim 1, wherein the sliding shaft (Figs. 2-7 stem 39) includes an asymmetrical lower portion (Fig. 7 near reference numerals 86, 64, 50, 69) sized and positioned to selectively cover the suction source opening of the valve body when the sliding shaft (Figs. 2-7 stem 39) is in the lower position (fig. 7) . Regarding Claim 9, McCabe discloses the suction assembly of claim 1, wherein a width of the sliding shaft (Figs. 2-7 stem 39) excluding the shaft seal (Figs. 2-7 sealing member 40) is less than a width of the central channel (Figs. 2-7 valve body interior 48, [0025-26]) excluding the recesses; and wherein a width of the sliding shaft (Figs. 2-7 stem 39) including the shaft seal (Figs. 2-7 sealing member 40) is greater than the width of the central channel (Figs. 2-7 valve body interior 48, [0025-26]) excluding the recesses and less than a width of the central channel (Figs. 2-7 valve body interior 48, [0025-26]) including the recesses. Regarding Claim 10, McCabe discloses a suction valve assembly (Figs. 1-7 suction valve 28) for a medical device (Fig. 1 endoscope 10) , comprising: a valve body (see annotated Fig. 5) having a top (see annotated Fig. 5) , a bottom (see annotated Fig. 5) , and a side surface (see annotated Fig. 5) , the valve body (Figs. 1-7 valve body 38) having a central channel (Figs. 2-7 valve body interior 48, [0025-26]) extending vertically between a vent opening (Fig. 5 near opening 39) in the top (see annotated Fig. 5) and a working opening (see annotated Fig. 5) in the bottom (see annotated Fig. 5) , the valve body (see annotated Fig. 5) also having a side channel (Figs. 1-7 suction port 71) extending from the central channel (Figs. 2-7 valve body interior 48, [0025-26]) to the side surface (see annotated Fig. 5); a flap seal (Fig. 7 valve seal 80) positioned at the bottom of the valve body (see annotated Fig. 5) , the shaft seal (Fig. 7 valve seal 80) resiliently biased to seat against the valve body (see annotated Fig. 5) to obstruct fluid flow ([0026-0031]) through the working opening (see annotated Fig. 5) into the central channel (Figs. 2-7 valve body interior 48, [0025-26]) ; a sliding shaft (Figs. 2-7 stem 39) moving vertically relative to the valve body (Figs. 1-7 valve body 38) between an upper position (Fig. 5) and a lower position (Fig. 6, [0026-0030]) , the sliding shaft (Figs. 2-7 stem 39) positioned in the central channel (Figs. 2-7 valve body interior 48) such that, when moving from the upper position (Fig. 5) to the lower position (Fig. 6) , the sliding shaft (Figs. 2-7 stem 39) contacts and pushes the flap seal (Fig. 7 valve seal 80) open to not obstruct fluid flow through the working opening into the central channel (Figs. 2-7 valve body interior 48). PNG media_image3.png 801 801 media_image3.png Greyscale Regarding Claim 11, McCabe discloses the suction valve assembly of claim 10, wherein the central channel (Figs. 2-7 valve body interior 48) has a plurality of vertical recesses (Figs. 2-7 plurality of apertures 52) each extending between the top (see annotated Fig. 5) of the valve body (Figs. 1-7 valve body 38) and a recess bottom (see annotated Fig. 5) positioned above the side channel (Figs. 1-7 suction port 71) , the suction valve assembly further comprising: a shaft seal (Figs. 2-7 sealing member 40 and o-ring 64, [0032]) attached to an exterior surface of the sliding shaft (Figs. 2-7 stem 39) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) seating against the recess bottoms of each of the plurality of recesses (Figs. 2-7 plurality of apertures 52) to obstruct fluid flow ([0026-0033]) between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the lower position (Fig. 6) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) above and not obstructing fluid flow between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the upper position (Fig. 5, [0026-0030]) . PNG media_image3.png 801 801 media_image3.png Greyscale Regarding Claim 12, McCabe discloses the suction assembly of claim 10, wherein the flap is made of a flexible material having a lower durometer than the valve body ([0031] “The sealing member 40 is formed of a flexible, deformable material such as silicon or silicone rubber, TPE (thermoplastic elastomer), TPR (thermoplastic rubber), or PVC. The sealing member 40 has a proximal end 40 a fixedly secured to the stem 39 and an opposed distal end 40 b forming a valve seal 80. “) . Regarding Claim 13, McCabe disclose an endoscopic surgical device (Fig. 1 endoscope 10) , comprising: an endoscopic probe (Fig. 1 flexible tube 15, [0022]) having a working channel (Fig. 1) ; a suction valve assembly (Figs. 1-7 suction valve 28) , comprising: a valve body (see annotated Fig. 5) having a top (see annotated Fig. 5) , a bottom (see annotated Fig. 5) , and a side surface (see annotated Fig. 5) , the valve body (Figs. 1-7 valve body 38) having a central channel (Figs. 2-7 valve body interior 48, [0025-26]) extending vertically between a vent opening (Fig. 5 near opening 39) in the top (see annotated Fig. 5) and a working opening (see annotated Fig. 5) in the bottom (see annotated Fig. 5) , the working opening (see annotated Fig. 5) in fluid communication with the working channel (Fig. 1) of the endoscopic probe (Fig. 1 flexible tube 15, [0022]) , the valve body (see annotated Fig. 5) also having a side channel (Figs. 1-7 suction port 71) extending from the central channel (Figs. 2-7 valve body interior 48, [0025-26]) to the side surface (see annotated Fig. 5) , the central channel (Figs. 2-7 valve body interior 48, [0025-26]) having a plurality of vertical recesses (Figs. 2-7 plurality of apertures 52) each extending between the top (see annotated Fig. 5) of the valve body (Figs. 1-7 valve body 38) and a recess bottom (see annotated Fig. 5) positioned above the side channel (Figs. 1-7 suction port 71) ; a sliding shaft (Figs. 2-7 stem 39) moving vertically relative to the valve body (Figs. 1-7 valve body 38) between an upper position (Fig. 5) and a lower position (Fig. 6, [0026-0030]) ; and a shaft seal (Figs. 2-7 sealing member 40 and o-ring 64, [0032]) attached to an exterior surface of the sliding shaft (Figs. 2-7 stem 39) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) seating against the recess bottoms of each of the plurality of recesses (Figs. 2-7 plurality of apertures 52) to obstruct fluid flow between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the lower position (Fig. 6) , the shaft seal (Figs. 2-7 sealing member 40 and o-ring 64) above and not obstructing fluid flow between the side channel (Figs. 1-7 suction port 71) and the vent opening (Fig. 5 opening 39) when the sliding shaft (Figs. 2-7 stem 39) is in the upper position (Fig. 5, [0026-0030]) ; and a source of suction in fluid communication with the suction source opening of the suction valve assembly ([0019-0023]) , such that, when the sliding shaft (Figs. 2-7 stem 39) 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 ([0012] “The present disclosure still further provides a method of controlling the suction of an endoscope including, obtaining an endoscope including a suction valve. … The method further includes actuating the actuator to cause the sealing member to move the open position to permit fluid to flow through the suction valve and deactivating the actuator to cause the sealing member to return to the closed position to restrict a flow of fluid through the suction valve.”) . PNG media_image1.png 804 788 media_image1.png Greyscale Regarding Claim 14, McCabe discloses the endoscopic surgical device of claim 13, further comprising an endoscopic handle (Fig. 1 near main body 20) having a suction valve location (Fig. 1 near reference numeral 28) with an inner wall (Fig. 5) , the side surface of the valve body of the suction valve assembly pressing tightly against the inner wall of the suction valve location of the endoscopic handle (Fig. 1 near main body 20) . Regarding Claim 15, McCabe discloses the endoscopic surgical device of claim 13, wherein when the sliding shaft (Figs. 2-7 stem 39) of the valve is in the upper position (Fig. 5) , 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. 5, [0026]) . Regarding Claim 16, 16. The endoscopic surgical device of claim 13, wherein the shaft seal (Figs. 2-7 sealing member 40) is made of a flexible material ([0031] “The sealing member 40 is formed of a flexible, deformable material such as silicon or silicone rubber, TPE (thermoplastic elastomer), TPR (thermoplastic rubber), or PVC. “) having a lower durometer than the sliding shaft (Figs. 2-7 stem 39 [0028] “The stem 39 may be formed of a rigid material and extends upwardly from the valve body interior into a chamber 70 created by the sidewall 44 and base wall 42.”) . Regarding Claim 17, McCabe disclose an endoscopic surgical device (Fig. 1 endoscope 10) , comprising: an endoscopic probe (Fig. 1 flexible tube 15, [0022]) having a working channel (Fig. 1) ; a suction valve assembly (Figs. 1-7 suction valve 28) comprising: a valve body (see annotated Fig. 5) having a top (see annotated Fig. 5) , a bottom (see annotated Fig. 5) , and a side surface (see annotated Fig. 5) , the valve body (Figs. 1-7 valve body 38) having a central channel (Figs. 2-7 valve body interior 48, [0025-26]) extending vertically between a vent opening (Fig. 5 near opening 39) in the top (see annotated Fig. 5) and a working opening (see annotated Fig. 5) in the bottom (see annotated Fig. 5) , the valve body (see annotated Fig. 5) also having a side channel (Figs. 1-7 suction port 71) extending from the central channel (Figs. 2-7 valve body interior 48, [0025-26]) to the side surface (see annotated Fig. 5); a flap seal (Fig. 7 valve seal 80) positioned at the bottom of the valve body (see annotated Fig. 5) , the shaft seal (Fig. 7 valve seal 80) resiliently biased to seat against the valve body (see annotated Fig. 5) to obstruct fluid flow ([0026-0031]) through the working opening (see annotated Fig. 5) into the central channel (Figs. 2-7 valve body interior 48, [0025-26]) ; a sliding shaft (Figs. 2-7 stem 39) moving vertically relative to the valve body (Figs. 1-7 valve body 38) between an upper position (Fig. 5) and a lower position (Fig. 6, [0026-0030]) , the sliding shaft (Figs. 2-7 stem 39) positioned in the central channel (Figs. 2-7 valve body interior 48) such that, when moving from the upper position (Fig. 5) to the lower position (Fig. 6) , the sliding shaft (Figs. 2-7 stem 39) contacts and pushes the flap seal (Fig. 7 valve seal 80) open to not obstruct fluid flow through the working opening into the central channel (Figs. 2-7 valve body interior 48) ; and a source of suction in fluid communication with the suction source opening of the suction valve assembly ([0019-0023]) , such that, when the sliding shaft (Figs. 2-7 stem 39) 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 ([0012] “The present disclosure still further provides a method of controlling the suction of an endoscope including, obtaining an endoscope including a suction valve. … The method further includes actuating the actuator to cause the sealing member to move the open position to permit fluid to flow through the suction valve and deactivating the actuator to cause the sealing member to return to the closed position to restrict a flow of fluid through the suction valve.”) . PNG media_image3.png 801 801 media_image3.png Greyscale Regarding Claim 18, McCabe discloses the endoscopic surgical device of claim 17, further comprising an endoscopic handle (Fig. 1 near main body 20) having a suction valve location (Fig. 1 near reference numeral 28) with an inner wall (Fig. 5) , the side surface of the valve body (see above annotated Fig. 5) of the suction valve assembly pressing tightly against the inner wall of the suction valve location of the endoscopic handle (Fig. 1 near main body 20) . Regarding Claim 19, McCabe discloses the endoscopic surgical device of claim 17, wherein when the sliding shaft (Figs. 2-7 stem 39) of the valve is in the upper position (Fig. 5) , 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. 5, [0026]) . Regarding Claim 20, McCabe discloses the endoscopic surgical device of claim 17, wherein the flap is made of a flexible material having a lower durometer than the valve body ([0031] “The sealing member 40 is formed of a flexible, deformable material such as silicon or silicone rubber, TPE (thermoplastic elastomer), TPR (thermoplastic rubber), or PVC. The sealing member 40 has a proximal end 40 a fixedly secured to the stem 39 and an opposed distal end 40 b forming a valve seal 80. “) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MEGAN ELIZABETH MONAHAN/ Examiner, Art Unit 3795 Application/Control Number: 18/924,496 Page 2 Art Unit: 3795 Application/Control Number: 18/924,496 Page 3 Art Unit: 3795 Application/Control Number: 18/924,496 Page 4 Art Unit: 3795 Application/Control Number: 18/924,496 Page 5 Art Unit: 3795 Application/Control Number: 18/924,496 Page 6 Art Unit: 3795 Application/Control Number: 18/924,496 Page 7 Art Unit: 3795 Application/Control Number: 18/924,496 Page 8 Art Unit: 3795 Application/Control Number: 18/924,496 Page 9 Art Unit: 3795 Application/Control Number: 18/924,496 Page 10 Art Unit: 3795 Application/Control Number: 18/924,496 Page 11 Art Unit: 3795 Application/Control Number: 18/924,496 Page 12 Art Unit: 3795 Application/Control Number: 18/924,496 Page 13 Art Unit: 3795 Application/Control Number: 18/924,496 Page 14 Art Unit: 3795 Application/Control Number: 18/924,496 Page 15 Art Unit: 3795 Application/Control Number: 18/924,496 Page 16 Art Unit: 3795 Application/Control Number: 18/924,496 Page 17 Art Unit: 3795
Read full office action

Prosecution Timeline

Oct 23, 2024
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102, §112
Jul 30, 2026
Applicant Interview (Telephonic)
Aug 03, 2026
Examiner Interview Summary

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
74%
With Interview (+15.9%)
3y 8m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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