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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Accordingly, the benefit of foreign priority under 35 U.S.C. 119(a)-(d) is obtained.
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 11 and 14 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 pre-AIA the applicant regards as the invention.
In regards to claim 11, the claim reads “the depression of the distal contact surface” [lines 2-3]. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed this is a newly recited item
In regards to claim 14, the claim reads "the axial direction” [line 3]. There is insufficient antecedent basis for this limitation in the claim. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed this is a newly recited item.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 10 are rejected under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
In regards to claim 2, the claim recites “wherein the angle between the direction of extension of the proximal contact surface and the direction of extension of the distal contact surface is between 10° and 90°, or is 45°”. However, as the directions of extension could be absolutely any directions whatsoever, this is not further limiting.
In regards to claim 10, the claim recites “The handle according to claim 9, wherein the protrusion extends in a circumferential direction over at least 180°.” However, as all physical objects extend in all possible directions, this is not further limiting.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Boulais (US 2005/0228228).
In regards to Claim 1, Boulais discloses a handle [100, Fig.1, para.15-16] for medical endoscopes, the handle comprising:
a proximal contact surface [surfaces of 100 that are proximal to 124, Fig.1] for the endoscope;
a distal contact surface [surfaces of 100 that are distal to 124, Fig.1] for the endoscope, wherein a direction of extension of the proximal contact surface is oriented at an angle greater than 0° with respect to a direction of extension of the distal contact surface [the direction of extension is an undefined term and is not a term in the art. As such, any surfaces whatsoever could satisfy this requirement].
In regards to claim 2, Boulais discloses the handle according to claim 1, wherein the angle between the direction of extension of the proximal contact surface and the direction of extension of the distal contact surface is between 10° and 90°, or is 45° [the direction of extension is an undefined term and is not a term in the art. As such, any surfaces whatsoever could satisfy this requirement].
In regards to claim 3, Boulais discloses the handle according to claim 1, wherein at least one middle contact surface [inner surface of the “trigger guard” about 124] for the endoscope is arranged between the proximal contact surface and the distal contact surface.
In regards to claim 4, Boulais discloses the handle according to claim 1, wherein the proximal contact surface has a depression [between 122 and the “trigger guard” about 124].
In regards to claim 5, Boulais discloses the handle according to claim 4, wherein the depression of the proximal contact surface has a variable cross-section [if cross sections are taken appropriately].
In regards to claim 6, Boulais discloses the handle according to claim 1, wherein the proximal contact surface has at least one lateral extension [the proximal-facing proximal surface of the trigger guard about 124, Fig.1], and wherein the extension has an arcuate outer contour [Fig.1: the arc where the trigger guard outer surface transitions to parallel to the endoscope].
In regards to claim 7, Boulais discloses the handle according to claim 1, wherein the proximal contact surface has an undercut in a proximal region [where 140 enters 122].
In regards to claim 8, Boulais discloses the handle according to claim 1, wherein the distal contact surface has a depression [interior of 120, Fig.1] with an at least partially annular cross-section [Fig.1].
In regards to claim 9, Boulais discloses the handle according to claim 1, wherein the distal contact surface has a protrusion [120, Fig.1] in a distal region, and wherein the protrusion is designed to be at least partially annular.
In regards to claim 10, Boulais discloses the handle according to claim 9, wherein the protrusion extends in a circumferential direction over at least 180° [Fig.1].
In regards to claim 11, Boulais discloses the handle according to claim 9, wherein the protrusion is designed as an annular extension [120, Fig.1: at least partly annular], wherein an inner diameter of the extension corresponds to a diameter of the depression [interior of 120, Fig.1] of the distal contact surface.
In regards to claim 12, Boulais discloses the handle according to claim 9, wherein the protrusion has at least one depression [interior of 120, Fig.1], and wherein the at least one depression is axially oriented [Fig.1].
In regards to claim 13, Boulais discloses the handle according to claim 1, wherein the distal contact surface has at least one lateral projection in a proximal region [distal surfaces of the “trigger guard” about 124 which are also part of the distal contact surface. Note the “proximal region” could be anything whatsoever].
In regards to claim 14, Boulais discloses the 14. The handle according to claim 1, wherein the handle has at its distal end region a projection [120 or 130, Fig.1], a direction of extension of which has a directional component which is oriented substantially perpendicular to the axial direction [the “direction of extension” has no special definition set forth by the applicant, and is not a term of the art. Further, the axial direction is newly set forth in this claim and could be any direction. As such, any projections whatsoever could satisfy this requirement.].
In regards to claim 15, Boulais discloses an endoscope system comprising:
a medical endoscope [140, Fig.1, para.16]; and
the handle according to claim 1, the handle being detachably connected to the endoscope [para.16].
In regards to claim 16, Boulais discloses the endoscope system according to claim 15, wherein the endoscope is in contact with the proximal contact surface and with the distal contact surface of the handle [where 140 contacts 100, Fig.1, para.16].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-Friday.
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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.
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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795
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