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 § 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.
Claim 13 is 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 13 recites “wherein when the second tube member is moved along the at least one first tunnel of the first tube member to a position that the tube member is corresponding to the flexible member, the second tube member forces an orientation of the flexible portion to be substantially parallel to the central line of the main body portion,” in lines 8-10 of the claim. Here, it is unclear how the tube member is corresponding to the flexible member.
Appropriate correction is required.
Claim 13, recites “tube member” in two instances in lines 8-15. Here, it is unclear which tube member this refers to because there are two tube members – first tube member and second tube member, that are recited here.
Appropriate correction is required.
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.
Claim(s) 1, 2, 12, is/are rejected under 35 U.S.C. 102 as being anticipated by Tien (US 20060189844).
Regarding claim 1, Tien discloses steerable endoscope device (endoscopic device 10; FIG. 4A), comprising:
a first tube member (guiding sleeve 122) having a first tunnel; and
a second tube member (hollow catheter 120; FIG. 4A; Para [0022]) disposed in the first tunnel in a manner stretchable and retractable relative to the first tube member (FIGS. 4A-4B), the second tube member comprising:
an extending portion (FIG. 4A) extended along an axis; and
a deforming portion (U-shape bend formed at a point where the head portion 110 is connected to the shape memory hollow catheter 120; FIG. 5D, annotated; Para [0017]) connected to the extending portion;
wherein when the second tube member is retracted relative to the first tube member to a position that the deforming portion is contained in the first tube member (FIG. 5C), a wall of the first tube member constrains an orientation of the deforming portion to be substantially parallel to the axis (When catheter 120 is entirely inside the sleeve 122; FIGS. 5A, 5C-5D); wherein when the second tube member is stretched relative to the first tube member to a position that the deforming portion is exposed from the first tube member, the deforming portion deviates from the axis due to deformation (FIG. 5D; The deforming portion deviates from the axis; FIG. 5C-5D, annotated below).
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Regarding claim 2, Tien discloses wherein when the second tube member is stretched relative to the first tube member to the position that the deforming portion is exposed from the first tube member (FIG. 5D), an end of the deforming portion and an end of the first tube member is included by an angle, and the angle is greater than 10 degrees (The bent of the deforming portion is greater than 10 degrees).
Regarding claim 12, Tien discloses a steerable endoscope device (endoscopic device 10; FIG. 4A), comprising:
a first tube member (guiding sleeve 122) having a first tunnel and a guiding portion, the guiding portion being disposed at a position near an opening of the first tunnel of the first tube member; and
a second tube member (hollow catheter 120; FIG. 4A; Para [0022]) disposed in the first tunnel in a manner stretchable and retractable relative to the first tube member;
wherein when the second tube member is retracted in the first tunnel of the first tube member, an orientation of the second tube member is identical to an orientation of the first tube member (as seen in orientation of the tube members are identical; FIG. 5A);
wherein when the second tube member is stretched relative to the first tube member, the guiding portion of the first tube member guides a portion of the second tube member that is stretched out of the first tube member to deviate from the orientation of the first tube member (FIG. 5D; The deforming portion deviates from the orientation of the first tube member; FIGS. 5C-5D).
Claim(s) 13, is/are rejected under 35 U.S.C. 102 as being anticipated by Walen (US 20210068647).
Regarding claim 13, Walen discloses a steerable endoscope device (FIG. 1, 6), comprising:
a first tube member (tube assembly 131; FIGS. 13-15) having at least one first tunnel, the first tube member comprising: a main body portion extended along a central line; and
a flexible portion (articulating region 135; FIGS. 13-15) connected to the main body, wherein the at least one first tunnel penetrating the main body portion and the flexible portion; and
a second tube member (inner tube 138) disposed in the at least one first tunnel in a movable manner (FIG. 16);
wherein when the second tube member is moved along the at least one first tunnel of the first tube member to a position that the tube member is corresponding to the flexible member, the second tube member forces an orientation of the flexible portion to be substantially parallel to the central line of the main body portion (When the articulating region 135 and inner tube align 138; FIG. 6,);
wherein when the second tube member is moved along the at least one first tunnel of the first tube member to a position that the tube member departs from the flexible member, the second tube member does not constrain the flexible portion, such that the orientation of the flexible portion deviates from the central line of the main body portion (The portion 135 being malleable/bendable material with different bendability, para [0024], [0068], the inner tube 138 does not constrain the portion 135; FIGS. 13-15; When the inner tube 138 is moved, it causes the orientation of the articulating region 135 deviate from the central line because of the flexible portion 135).
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.
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.
Claim(s) 3, 4, 5, 6, 11, is/are rejected under 35 U.S.C. 103 as being unpatentable over Tien (US 20060189844) in view of Yoshinaga (US 20220202283).
Regarding claim 3, Tien discloses the endoscope further comprises: a base (Proximal portion of catheter 120) connected to the first tube member, the base having an instrument passage (a guiding hole 112 (for a guiding wire 121 to penetrate through; FIG. 4B; para [0018]) for allowing an instrument to pass therethrough, such that the instrument enters a body cavity through the first tunnel and the second tunnel.
Tien does not expressly disclose wherein the second tube member further comprises a second tunnel communicating with the first tunnel.
Yoshinaga is directed to an insertion device (abstract) and teaches wherein the second tube member further comprises a second tunnel (communication hole 32s; Para [0079]) communicating with the first tunnel (communication hole 32s communicates with the tunnel surrounding it. FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second tube member of Tien to include a communication hole in accordance with the teaching of Yoshinaga so that the excess gas/liquid could be purged to the first tube member.
Regarding claim 4, Tien discloses the endoscope further comprises: a base connected to the first tube member (Proximal portion of catheter 120), the base having a water passage (a guiding hole 112 (for a guiding wire 121 to penetrate through; FIG. 4B; para [0018]) for allowing an object to pass therethrough, such that the object enters a body cavity through the first tunnel and the second tunnel.
Tien does not expressly disclose wherein the second tube member further comprises a second tunnel communicating with the first tunnel.
Yoshinaga teaches wherein the second tube member further comprises a second tunnel communicating (communication hole 32s; Para [0079]) with the first tunnel (FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second tube member of Tien to include a communication hole in accordance with the teaching of Yoshinaga so that the excess gas/liquid could be purged to the first tube member.
Regarding claim 5, Tien discloses the endoscope further comprises: an image capturing module (an imaging unit 113; Para [0018]) disposed on an end of the deforming portion, the image capturing module being utilized for capturing an image inside body.
Tien does not expressly disclose wherein the second tube member further comprises a second tunnel communicating with the first tunnel.
Yoshinaga teaches wherein the second tube member further comprises a second tunnel communicating (communication hole 32s; Para [0079]) with the first tunnel (FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second tube member of Tien to include a communication hole in accordance with the teaching of Yoshinaga so that the excess gas/liquid could be purged to the first tube member.
Regarding claim 6, Tien discloses a base connected to the first tube member (FIG. 4B), the base having a signal passage (A universal serial bus (USB) wire 123 (having both power supply function and image transmission function) is connected from the head portion 110 to penetrate through the shape memory hollow catheter 120 before connecting to a computer 20.; para [0018]) communicating with at least one of the first tunnel and the second tunnel, the signal passage allowing a signal wire of the image capturing module to pass therethrough, such that the signal wire is connected to an image display device (Image capturing system are transmitted and displayed via the signal transmission wire by the signal transmission system on a screen of the computer. Claim 10) through the signal passage and at least one of the second tunnel and the first tunnel.
Regarding claim 11, Tien as modified, teaches wherein a bore diameter of the first tunnel is substantially equal to a tube diameter of the second tube member (Yoshinaga: Communication hole 32s diameter is substantially equal to a tube diameter of the second tube member 120).
Claim(s) 7, 9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Tien (US 20060189844) in view of Germain (US 20140031834).
Regarding claim 7, Tien discloses wherein a hardness of the first tube member is greater than a hardness of the second tube member (Second tube member is shape memory allow which indicates the hardness is more in the first tube member) and the second tube member being disposed in the first tunnel of the first tube member in a movable manner (FIG. 4B).
Tien does not expressly disclose wherein the endoscope device further comprises: a base, the first tube member being secure to the base.
Germain is directed to hysteroscope (abstract) and teaches wherein the endoscope device further comprises: a base (handle 142), a first tube member (Tubes providing channels are connected to the handle 142; Para [0047]) being secure to the base.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tien to have a base in accordance with the teaching of Germain so that the tubes could be secured with the base before connecting with a computer.
Regarding claim 9, Tien discloses wherein a hardness of the first tube member is greater than a hardness of the second tube member (First tube member retains the shape of the second tube member. FIG. 5A-6), and the first tube member sheathing on the second tube member in a movable manner (FIG. 5D).
Tien does not expressly disclose wherein endoscope device further comprises: a base, the second tube member being secure to the base.
Germain is directed to hysteroscope (abstract) and teaches wherein the endoscope device further comprises: a base (handle 142), a second tube member (Tubes providing channels are connected to the handle 142; Para [0047]) being secure to the base.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tien to have a base in accordance with the teaching of Germain so that the tubes could be secured with the base before connecting with a computer.
Claim(s) 8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tien (US 20060189844) in view of Germain (US 20140031834) and further in view of Canadinc (WO 2012172447).
Regarding claim 8, Tien does not expressly disclose a push button disposed on the second tube member, the push button being for providing a force application point, such that the second tube member is movable relative to the first tube member.
Canadinc is directed to a flexible laparoscopic light (abstract) and teaches a push button (actuating lever 6; FIGS. 1-3) disposed on the second tube member, the push button being for providing a force application point, such that the second tube member is movable relative to the first tube member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Tien to include a push button in accordance with the teaching of Canadinc so that movement of the second tube could be controlled.
Regarding claim 10, Tien as modified teaches a push button disposed on the first tube member (Canadinc: actuating lever 6; FIGS. 1-3), the push button being for providing a force application point, such that the first tube member is movable relative to the second tube member (Tien: FIG. 5D).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 6/1/26
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