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 Group V in the reply filed on 04/07/2026 is acknowledged.
Claims 3, 5, 9, 13-14, and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/07/2026.
Claims 3, 5, and 9 are withdrawn since they are not drawn to the elected species group V. Claim 3 is drawn to species I and II since it limits the actuator to a rotatable knob or lever. Claim 5 is drawn to species IV since it limits the button to include a groove for a protrusion of the shaft. Claim 9 is drawn to species II since it limits the outer shaft to include a channel in communication with the atmosphere.
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.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko (Pub. No. US 2022/0361734).
Regarding claim 16, Ko discloses a medical valve (Figs. 1-9), comprising: an inner shaft (300); an outer shaft (400), wherein the inner shaft (300) is concentrically received (Fig. 4) within the outer shaft (400); and an actuator (500) configured to rotate (paragraph 30) the inner shaft (300) about a longitudinal axis (Figs. 4-5) of the inner shaft (300) in order to transition the medical valve to (a) a first position (Fig. 5), in which the medical valve is configured to deliver suction to a working channel (200) of an endoscope (paragraph 30), and (b) a second position (Fig. 4), in which the medical valve inhibits delivery of suction to the working channel (200) of the endoscope (paragraph 30).
Regarding claim 17, Ko discloses the medical valve (Figs. 1-9), wherein, in the second position (Fig. 4), a lumen (inner cavity of 300, Fig. 4) of the inner shaft (300) is in fluid communication with an atmosphere (paragraph 38).
Regarding claim 18, Ko discloses the medical valve (Figs. 1-9), wherein the outer shaft (400) includes a cut or groove (groove enabling ridge 303 to rotate within, Figs. 4-5), and wherein the inner shaft (300) includes a protrusion (300) configured to engage (paragraph 30) the cut or the groove (Fig. 4-5).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-2, 4, 6-8, 10-12, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over NG (Pub. No. US 2022/0221069) in view of Ferm (U.S. Patent No. 2,606,736).
Regarding claim 1, NG disclose a medical valve (Figs. 1-10), comprising: a shaft (2) including a first opening (21) on a distal end (Fig. 4) of the shaft (2) and a second opening (22) on a side surface (Fig. 4) of the shaft (2); and an actuator (111 or 114) configured to control the shaft (2) about a longitudinal axis (paragraph 34) of the shaft (2) in order to transition the medical valve to (a) a first configuration (paragraph 34), in which the second opening (22) is aligned (Fig. 8) with a port (at 6) of a valve well (paragraph 27), in order to deliver suction to a working channel of an endoscope (paragraph 27), and (b) a second configuration (paragraph 34) in which the second opening (22) is misaligned (Fig. 7) with the port (at 6) of the valve well (paragraph 27), but lacks disclosure of the actuator configured to rotate the shaft about a longitudinal axis of the shaft.
Ferm teaches a valve (20) comprising an actuator button (40) connected to a inner shaft (22) that is surrounded by an outer shaft (23) within a valve well (20a), the inner shaft (22) has a pin (38) that can slide in a slot (39) of the outer shaft (23) to guide a rotation of the inner shaft (22) when the button (40) is actuated (Column 3 lines 35-50).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to modify the actuator of NG with a pin and slot actuator as taught by Ferm since they are considered art recognized equivalents in the art of mechanical actuators that perform the same function of controlling a fluid valve based on the actuation of a push button.
Regarding claim 2, NG disclose the medical valve (Figs. 1-10), wherein the actuator (111) is configured to automatically transition from the first configuration to the second configuration (paragraph 34).
Regarding claim 4, NG disclose the medical valve (Figs. 1-10), wherein the actuator (111) includes a linear actuator (paragraph 34) configured to move in a direction parallel to the longitudinal axis of the shaft (2).
Regarding claim 6, NG disclose the medical valve (Figs. 1-10), wherein the shaft (2) is an inner shaft (Fig. 5) and wherein the medical valve further comprises an outer shaft (1) including a third opening (Fig. 5) on a distal end of the outer shaft (1) and a fourth opening (12) on a side surface (Fig. 5) of the outer shaft (1).
Regarding claim 7, NG disclose the medical valve (Figs. 1-10), wherein, in the first configuration (Fig. 8), the second opening (22) of the inner shaft (2) is aligned with the fourth opening (12) of the outer shaft (1).
Regarding claim 8, NG disclose the medical valve (Figs. 1-10), wherein the fourth opening (12) is aligned with the port (at 6) in the first configuration (Fig. 8) and the second configuration (Fig. 7).
Regarding claim 10, Ferm (modified above) teaches wherein the outer shaft (23) includes a cut or groove (39), and wherein the inner shaft (22) includes a protrusion (38) configured to engage the cut or the groove (39).
Regarding claim 11, Ferm (modified above) teaches wherein the actuator (40) is fixedly (Fig. 3) coupled to the inner shaft (22), such that linear movement of the actuator (40) causes the protrusion (38) of the inner shaft (22) to ride along the cut or the groove (39) in order to rotate the inner shaft (22) relative to the outer shaft (23).
Regarding claim 12, NG disclose the medical valve (Figs. 1-10), wherein the inner shaft (2) includes a fifth opening (top opening), wherein, in the second configuration (Fig. 7), the fifth opening is proximal of a proximal-most end (Fig. 8) of the outer shaft (1) and the valve well (paragraph 27).
Regarding claim 15, NG disclose the medical valve (Figs. 1-10), further comprising an aperture (13 or 14) configured to be closed in the first configuration (Fig. 10) and open in the second configuration (Fig. 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Suzuki (Pub. No. US 2021/0100432) disclose a medical valve, comprising an inner and outer shaft having a similar pin and slot actuation mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
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