CTNF 18/937,580 CTNF 94678 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. Disposition of Claims Claims 1-20 are pending and rejected. Claim Rejections - 35 USC § 112(b) 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 1-18 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. Regarding Claim 1, Claim 1 recites the limitation “a distal end of the shaft” on Lines 5-6. It is unclear whether this “distal end” is the same as the “distal end” previously recited on Line 3, or a separate, different distal end. For the purpose of examination, “a distal end of the shaft” is being interpreted as “the distal end of the shaft”. Regarding Claim 12, Claim 12 recites the limitation “a distal end of the shaft” on Lines 3-4. It is unclear whether this “distal end” is the same as the “distal end” previously recited on Line 2, or a separate, different distal end. For the purpose of examination, “a distal end of the shaft” is being interpreted as “the distal end of the shaft”. Regarding Claims 2-11 & 13-18, Claims 2-11 & 13-18 are rejected as being dependent upon claims previously rejected under 35 U.S.C. § 112(b). 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. 07-15 AIA Claim s 1, 3-4 & 6-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Lu et al. (hereinafter "Lu") (US 2019/0246884) . Regarding Claim 1, Lu discloses an endoscopic device (Fig. 2B, 2110; [0034]), comprising: a flexible shaft (Fig. 2B, 2240; [0035]) extending distally from a proximal part (Figs. 2A & 7A, 2241 (not labeled but identical to 2741 of Fig. 7A); [0038] & [0056]) that, during use, remains outside a living body ([0011]), to a distal end (Fig. 4D, 2490; [0051]), which, during use, is inserted to a target site within the living body ([0011]), the proximal part including a power connection (Fig. 2B, 2262; [0038]), the shaft comprising: a fluid channel (Fig. 5, 2522; [0052]) extending therethrough from a proximal fluid port (Fig. 2A, 2230; [0036]) to a distal end of the shaft (Fig. 4A, 2332; [0052]); and an imager (Fig. 4D, 2252; [0035]) directed distally from the distal end of the shaft (see Fig. 4D), the imager including an imager chip ([0043]) and a lens ([0043]), wherein the fluid channel and the imager are molded directly into the shaft ([0051]). Regarding Claim 3, Lu discloses the endoscope device of Claim 1. Lu further discloses wherein the distal end of the shaft is angled with respect to a longitudinal axis of the shaft (see Fig. 4D). Regarding Claim 4, Lu discloses the endoscope device of Claim 3. Lu further discloses wherein the angle of the distal end of the shaft is one of 0-degrees, 30-degrees, or 70-degrees relative to a plane perpendicular to the longitudinal axis of the shaft ([0048]). Regarding Claim 6, Lu discloses the endoscope device of Claim 1. Lu further discloses a light source (Fig. 6, 2310; [0041]) on the distal end of the shaft ([0041]). Regarding Claim 7, Lu discloses the endoscope device of Claim 6. Lu further discloses wherein the light source is molded directly into the shaft ([0051]). Regarding Claim 8, Lu discloses the endoscope device of Claim 1. Lu further discloses wherein the power connection is configured to attach to a scope handle (Fig. 2B, 2130; [0038]). Regarding Claim 9, Lu discloses the endoscope device of Claim 1. Lu further discloses wherein the shaft comprises a rigid biocompatible plastic or a semi-rigid biocompatible plastic (Fig. 4D, 2490 of 2240 is made of acrylic; [0042]). Regarding Claim 10, Lu discloses the endoscope device of Claim 1. Lu further discloses wherein the distal end of the shaft comprises a transparent material or a semi-transparent material ([0042]). Regarding Claim 11, Lu discloses the endoscope device of Claim 1. Lu further discloses wherein the fluid channel is a first fluid channel, and the shaft further comprises a second fluid channel (Fig. 4D, 2222 wherein 2222 carries fluid; [0052]), the second fluid channel being molded directly into the shaft ([0051]). Regarding Claim 12, an endoscopic device (Fig. 2B, 2110; [0034]), comprising: a flexible shaft (Fig. 2B, 2240; [0035]) extending from a proximal end (Figs. 2A & 7A, 2241 (not labeled but identical to 2741 of Fig. 7A); [0038] & [0056]) to a distal end (Fig. 4D, 2490; [0051]), the shaft comprising: a fluid channel (Fig. 5, 2522; [0052]) extending therethrough from a proximal fluid port (Fig. 2A, 2230; [0036]) to a distal end of the shaft (Fig. 4A, 2332; [0052]); an imager (Fig. 4D, 2252; [0035]) disposed at the distal end of the shaft (see Fig. 4D); and a light source (Fig. 6, 2310; [0041]) disposed at the distal end of the shaft ([0041]); wherein the fluid channel, the imager, and the light source are molded directly into the shaft ([0051]); and wherein the distal end of the shaft is angled with respect to a longitudinal axis of the shaft (see Fig. 4D). Regarding Claim 13, Lu discloses the endoscope device of Claim 12. Lu further discloses wherein the angle of the distal end of the shaft is 30-degrees or 70-degrees relative to a plane perpendicular to the longitudinal axis of the shaft ([0048]). Regarding Claim 14, Lu discloses the endoscope device of Claim 12. Lu further discloses wherein the imager comprises an imager chip ([0043]) and a lens ([0043]). Regarding Claim 15, Lu discloses the endoscope device of Claim 12. Lu further discloses wherein the proximal end of the shaft includes a power connection (Fig. 2B, 2262; [0038]). Regarding Claim 16, Lu discloses the endoscope device of Claim 15. Lu further discloses wherein the power connection is configured to attach to a scope handle to transfer data (Fig. 2B, 2130; [0038]). Regarding Claim 17, Lu discloses the endoscope device of Claim 12. Lu further discloses wherein the distal end of the shaft comprises a transparent material or a semi-transparent material ([0042]). Regarding Claim 18, Lu discloses the endoscope device of Claim 12. Lu further discloses wherein the imager is directed distally from the distal end of the shaft (see Fig. 4D). Regarding Claim 19, Lu discloses a method ([0011]), comprising: inserting an endoscopic device within a living body ([0011]), the device comprising a flexible shaft (Fig. 2B, 2240; [0035]) extending distally from a power connection (Fig. 2B, 2262; [0038]), a fluid channel (Fig. 5, 2522; [0052]) extending through the shaft from a proximal fluid port (Fig. 2A, 2230; [0036]) to a distal end of the shaft (Fig. 4A, 2332; [0052]), and an imager (Fig. 4D, 2252; [0035]) directed distally from the distal end of the shaft (see Fig. 4D), the imager including an imager chip ([0043]) and a lens ([0043]), wherein the fluid channel and the imager are molded directly into the shaft ([0051]); actuating the device to angle the imager to a desired orientation proximate a target site ([0011]); and transferring, through the power connection, data collected by the imager ([0011]). Regarding Claim 20, Lu discloses the method of Claim 19. Lu further discloses transferring a fluid from the fluid port, through the fluid channel, to the target site ([0052]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 2 & 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (hereinafter "Lu") (US 2019/0246884) in view of McCutcheon et al. (hereinafter "McCutcheon") (US 2007/0203396) . Regarding Claim 2, Lu discloses the endoscope device of Claim 1. Lu fails to explicitly disclose wherein the lens is a fisheye lens for wide angle viewing. However, McCutcheon teaches an endoscopic device (Fig. 1, 120; [0004]), comprising: a flexible shaft (Fig. 1, 130; [0004]) extending distally from a proximal part (Fig. 1, 125; [0004]) to a distal end (Fig. 1, 145; [0004]), the proximal part including a power connection (Fig. 2A, 210; [0034]), the shaft comprising: a fluid channel (Fig. 1, 710; [0004]); and an imager (Fig. 2A, 720; [0004]) directed distally from the distal end of the shaft (see Fig. 2A), the imager including an imager chip ([0029]) and a lens ([0029]); and wherein the lens is a fisheye lens for wide angle viewing ([0029]). The advantage of the fisheye lens is to provide a very wide angle view (McCutcheon; [0032]). Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the lens as disclosed by Lu, to be a fisheye lens as taught by McCutcheon, to provide a very wide angle view (McCutcheon; [0032]). Regarding Claim 5, Lu discloses the endoscope device of Claim 1. Lu further discloses a wireless data transmitter ([0039]). Lu fails to explicitly disclose a battery. However, McCutcheon teaches an endoscopic device (Fig. 1, 120; [0004]), comprising: a flexible shaft (Fig. 1, 130; [0004]) extending distally from a proximal part (Fig. 1, 125; [0004]) to a distal end (Fig. 1, 145; [0004]), the proximal part including a power connection (Fig. 2A, 210; [0034]), the shaft comprising: a fluid channel (Fig. 1, 710; [0004]); and an imager (Fig. 2A, 720; [0004]) directed distally from the distal end of the shaft (see Fig. 2A), the imager including an imager chip ([0029]) and a lens ([0029]); and a battery ([0035]). The advantage of the battery is to charge the endoscope when not in use so to be ready for use without further delay (McCutcheon; [0035]). Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the endoscopic device as disclosed by Lu, to include the battery taught by McCutcheon, to charge the endoscope when not in use so to be ready for use without further delay (McCutcheon; [0035]) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Do (US 2021/0338062) teaches an endoscope head having a housing element made from transparent material. Kohno (US 2021/0045620) teaches an oblique-viewing endoscope. Isaacson et al. (US 2019/0070390) teaches a smart obturator assembly. Reever et al. (US 2018/0132703) teaches a disposal endoscope with a slanted tip. Surti et al. (US 2017/0112361) teaches an endoscope cap with deflecting channels. Mirza et al. (US 2016/0353973) teaches a wireless viewing device. Leeflang et al. (US 2015/0173592) teaches an epicardial imaging and injection device. Hwang et al. (US 2014/0330078) teaches a 3D endoscope with a slanted distal tip. Cybulski et al. (US 2010/0022824) teaches a tissue modification device. Takahashi (U.S. 7,101,334) teaches an 3-D optical observation device. Baba (U.S. 4,433,692) teaches an ultrasonic diagnosis endoscope. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN FLOYD LONDON whose telephone number is (571)272-4478. The examiner can normally be reached Monday - Friday: 10:00 am ET - 6:00pm ET. 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. /STEPHEN FLOYD LONDON/Examiner, Art Unit 3795 Application/Control Number: 18/937,580 Page 2 Art Unit: 3795 Application/Control Number: 18/937,580 Page 3 Art Unit: 3795 Application/Control Number: 18/937,580 Page 4 Art Unit: 3795 Application/Control Number: 18/937,580 Page 5 Art Unit: 3795 Application/Control Number: 18/937,580 Page 6 Art Unit: 3795 Application/Control Number: 18/937,580 Page 7 Art Unit: 3795 Application/Control Number: 18/937,580 Page 8 Art Unit: 3795 Application/Control Number: 18/937,580 Page 9 Art Unit: 3795
Prosecution Insights