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
Claims 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6-10-26.
Applicant’s election without traverse of claims 1-14 in the reply filed on 6-10-26 is acknowledged.
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.
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.
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.
Claim(s) 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa US 2002/0065450 (US’450).
Regarding claim 1, US’450 teaches an imaging element cleaning device for cleaning a lens of an imaging element (An endoscope dirt remover, abstract),
the imaging element cleaning device comprising: a cleaning element (distal section 3 of the endoscope dirt remover 1 included elastic element including abutment section 12, para. 150, 157-167, see fig. 3-6) comprising:
a flexible sleeve being hollow, and comprising a distal end and a proximal end opposite to the distal end (tube shaped section 11 as a base body having an inner hole through which an endoscope 20 can be inserted, para. 160, see fig. 3-6);
a cleaning part partially covering the distal end of the flexible sleeve (the end of the tube include a section for wiping the endosope surface of the objective lens 25, para. 142-144);
and an opening penetrating through the cleaning part (an opening is located at the end of the 11 for the endoscope to pass through, para. 131-136 and 174-181, see fig.3-9 and 50); and
a driving component comprising: a tube comprising a distal end and a proximal end opposite to the distal end for the imaging element to pass through (sheath 2 formed of a straight line shaped tube body the endoscope 20 is inserted to be plugged into the sheath 2, 131 and 206, see fig. 6-7 and 50), and
the flexible sleeve of the cleaning element sleeved on the distal end of the tube (tube section 11 is located at the end of the sheath 2, see fig. 1-6),
wherein when the driving component is driven to move the cleaning element, the lens of the imaging element passes through the slit part for cleaning by the cleaning part (If the dirt is adhered to the objective lens 25 of the endoscope 20 during surgical operation, the endoscope dirt remover 1 may be advanced/retracted relevant to the endoscope 20, para. 211).
US’450 does not teach within the above discussed embodiments US’450 does not teach the opening is a slit part.
However, US’450 further teaches as shown in FIG. 27A, the duck bill valve 110 is composed of: a wiper projection section 112; an inner hole 115 through which the endoscope 107 can be inserted; and a slit 116 (refer to FIG. 27B) (para. 230-243, see fig. 25-28). Therefore, US’450 teaches an alternative arrangement for the wiper section of tube 11 includes the opening being a slit.
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the device of US’450 to include the opening is a slit part because US’450 teaches it is an alternative arrangement for the wiper section of tube 11 includes the opening being a slit and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Regarding claim 2, the modified device of US’450 teaches the cleaning device of claim 1. US’450 further teaches wherein a material of the cleaning element comprises resin (distal section 3 is integrally molded of an elastic element having its proper hardness such as polyurethane, para. 133).
Regarding claim 3, the modified device of US’450 teaches the cleaning device of claim 1. US’450 further teaches wherein the flexible sleeve is cylindrical and has an axis (see fig. 27b and 28 and 5a), and the cleaning part includes: an edge located at a distal end of the cleaning part (see fig. 25-28); at least one slice extending from an edge of the flexible sleeve at the distal end toward the axis of the flexible sleeve (slit 116, see fig. 27b), wherein the at least one slice has an outer surface and an inner surface relative to the outer surface; and at least one protrusion disposed on the inner surface of the at least one slice (projection section 112).
Claim(s) 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over US’450 as applied to claim 1 above, and further in view of Grice, III et al. US 2006/0293559 (US’559).
Regarding claims 4 and 9-10, the modified device of US’450 teaches the cleaning device of claim 1. US’450 further teaches wherein the flexible sleeve is cylindrical and has an axis (see fig. 27b and 28 and 5a), and the cleaning part includes: an edge located at a distal end of the cleaning part (see fig. 25-28); wherein the at least one slice has an outer surface and an inner surface relative to the outer surface; and at least one protrusion disposed on the inner surface of the at least one slice (projection section 112)
US’450 does not teach at least four slices extending from an edge of the flexible sleeve at the distal end toward the axis of the flexible sleeve, wherein each one of the at least four slices has an outer surface and an inner surface relative to the outer surface; and at least one protrusion disposed on the inner surface of one of the at least four slices, with regard to claim 4, wherein the slit part comprises at least two slits intersecting each other, and separating the at least four slices, with regard to claim 9 and wherein the at least two slits intersect each other symmetrically or asymmetrically, with regard to claim 10.
US’559 teaches an endoscope lensing cleaning device including wipes 54 which can be arranged either as 4 slits or an aperture to scrubbing and displacing debris, condensation, contaminants, and other media that can become lodged on the entire distal end 44 of the scope 40 (para. 18-27, see fig. 3-6). Therefore, US’559 teaches that an alternative arrangement for the wiping mechanism can include 4 slits each wiping the surface of the endoscope lens.
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 modified device of US’450 to include at least four slices extending from an edge of the flexible sleeve at the distal end toward the axis of the flexible sleeve, wherein each one of the at least four slices has an outer surface and an inner surface relative to the outer surface; and at least one protrusion disposed on the inner surface of one of the at least four slices, with regard to claim 4, wherein the slit part comprises at least two slits intersecting each other, and separating the at least four slices, with regard to claim 9 and wherein the at least two slits intersect each other symmetrically, with regard to claim 10 because US’559 teaches it is an alternative arrangement for the wiping slits of US’450 and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Regarding claims 5-8, the modified device of US’450 teaches the cleaning device of claim 4. US’450 further teaches various embodiments of wiping mechanisms can include multiple projections for providing different angular cleaning directions and shapes includes bumps (see fig. 36-38 and 48-59, para. 164 and 297).
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 modified device of US’450 to include wherein a number of the at least one protrusion is at least four protrusions respectively disposed on the inner surfaces of the at least four slices, with regard to claim 5, wherein each one of the at least four protrusions comprises a plurality of bumps, with regard to claim 6 and wherein a distribution pattern of the plurality of bumps comprises evenly distributed on the inner surface of each slice, concentratedly distributed on the inner surface of each slice adjacent to the axis of the flexible sleeve, or concentratedly distributed on the inner surface of each slice and away from the axis of the flexible sleeve, with regard to claim 7 and wherein each one of the at least four protrusions comprises a bump, the bump has a height increasing from the inner surface of each of the at least four slices adjacent to the edge of the cleaning part toward a direction of the axis, with regard to claim 8 because US’450 teaches various embodiments of wiping mechanisms can include multiple projections for providing different angular cleaning directions and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Allowable Subject Matter
Claims 11-14 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art does not teach or render obvious the limitations of claim 11 of wherein the driving component further comprises: a guiding element sleeved at the proximal end of the tube; a guiding groove penetrating through the guiding element; and a control handle protruding from the proximal end of the tube and correspondingly passing through the guiding groove, the control handle moving along the guiding groove to drive the tube and the cleaning element to move for cleaning. Claims 12-14 depend from claim 11 and are allowable for the same reasons as claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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, Joshua Allen can be reached at 571-270-3176. 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.
/ERIN F BERGNER/Primary Examiner, Art Unit 1713
Prosecution Insights