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 .
Response to Amendment
Amendments to claims 1, 3, 4, 8, 12-14 of 8/5/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 6, para. 2, filed 8/5/2026, with respect to claims 3, 8, 18 have been fully considered and are persuasive. The objection of 6/5/2026 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1, 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 2, 10, 12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US 20160135666 A1)in view of Okada (US 9649015 B2).
Regarding claim 1, Hashimoto teaches A treatment tool comprising:
a gripping device (fig. 2, element 9, [0032], extension tube member 9, extension tube member may be considered a gripping device in that the channel extension is taught to house a gripping device) having an elongated member (fig. 2, element 9, [0032], extension tube member 9) and a gripping portion (fig. 4, element 107/108, [0032], the first channel 107 or the second channel 108, first/second channels could be considered gripping portions in that they house a gripping device) connected to a distal end of the elongated member;
an endoscope cap (fig. 3, element 1, [0025], an overtube 1) attached to an outer circumferential surface of a distal end portion of an endoscope; and
a filament (fig. 4, element 5/6, [0032], first control wire 5 and a second control wire 6) coupling the gripping device with the endoscope cap (The filaments 5/6 is both fixed and connects to the gripping device, which is a part of the overtube, at the same point), wherein the filament is supported to be pivotable at a pair of fulcrums (fig. 4, element 3/4 , [0032], a first wire guide 3 and a second wire guide 4, control wires 5/6 bend as they exit wire guides 3/4, which construe fulcrum points) provided in the endoscope cap, and each of two end portions of the filament is fixed to the endoscope cap at a first position distally offset from a second position of each of the pair of fulcrums (fig. 4, element 5/6, [0032], The extension tube member 9 is connected to the treatment tool control wires 5 and 6)
Hashimoto does not explicitly teach the filament being a continuous member.
However, Okada teaches the filament being a continuous member (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b ).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wires of Hashimoto to be a continuous wire as taught in Okada in order to pivotably couple the gripping device (Okada col. 5, ln. 60 – col. 6, ln. 11).
Regarding claim 2, Hashimoto in view of Okada teaches The treatment tool according to claim 1,
Further, Hashimoto teaches wherein each of the pair of fulcrums is a support hole ([0037], he pair of wire guides 3 and 4 may be formed of a metallic coil sheath, a resinous tube, a plurality of metallic or resinous rings separated from each other, or the like, the openings of the tubes penetrate the cap normal to a radial axis, hence a radial direction) that penetrates the endoscope cap in a radial direction.
Regarding claim 10, Hashimoto in view of Okada teaches The treatment tool according to claim 1,
Further, Hashimoto teaches wherein the filament is one of a thread or a wire ([0032], a first control wire 5 and a second control wire 6).
Regarding claim 12, Hashimoto teaches An endoscope treatment tool comprising:
a gripping device (fig. 2, element 9, [0032], extension tube member 9, extension tube member may be considered a gripping device in that the channel extension is taught to house a gripping device) an elongated member (fig. 2, element 9, [0032], extension tube member 9) and a gripping portion (fig. 4, element 107/108, [0032], the first channel 107 or the second channel 108, first/second channels could be considered gripping portions in that they house a gripping device) connected to a distal end of the elongated member;
an endoscope cap (fig. 3, element 1, [0025], an overtube 1) attached to an outer circumferential surface of a distal end portion of an endoscope; and
a filament (fig. 4, element 5/6, [0032], first control wire 5 and a second control wire 6) coupling the gripping device with the endoscope cap (The filaments 5/6 is both fixed and connects to the gripping device, which is a part of the overtube, at the same point), wherein the filament is supported to be pivotable at a pair of fulcrums (fig. 4, element 3/4 , [0032], a first wire guide 3 and a second wire guide 4, control wires 5/6 bend as they exit wire guides 3/4, which construe fulcrum points) provided in the endoscope cap, each of the pair of fulcrums is a support hole (fig. 7, element 12e, p. 7, para. 7, insertion holes 12e/f) that penetrates the endoscope cap in a radial direction, and each of two end portions of the filament is fixed to the endoscope cap at a first position distally offset from a second position of each of the pair of fulcrums (fig. 4, element 5/6, [0032], The extension tube member 9 is connected to the treatment tool control wires 5 and 6).
Hashimoto does not explicitly teach the filament being a continuous member.
However, Okada teaches the filament being a continuous member (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b ).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wires of Hashimoto to be a continuous wire as taught in Okada in order to pivotably couple the gripping device (Okada col. 5, ln. 60 – col. 6, ln. 11).
Regarding claim 19, Hashimoto in view of Okada teaches The treatment tool according to claim 12,
Further, Hashimoto teaches wherein the filament is one of a thread or a wire ([0032], a first control wire 5 and a second control wire 6).
Claim(s) 3, 5-7, 13, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto in view of Okada as applied to claims 1, 12 above, and further in view of Johnson (US 20210068615 A1).
Regarding claim 3, Hashimoto in view of Okada teaches The treatment tool according to claim 2,
Hashimoto in view of Okada does not explicitly teach wherein the filament comprises knots formed at the two end portions.
However, Johnson teaches wherein the filament comprises knots formed at the two end portions ([0218] a knot disposed on the end of a cable prevents the cable from retracting through a hole).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the locking member of Hashimoto to be a knot as taught in Johnson in order to prevent the cable from retracting through a lumen or hole when pulled, while retaining freedom of rotation (Johnson [0218,220]).
Regarding claim 4, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 3,
Further, Hashimoto teaches wherein the endoscope cap comprises an opening configured for insertion of the endoscope from a proximal end side of the cap (fig. 1, element 2, [0033], For example, the long shaft member 2 has a size in the longitudinal direction in which the tip constructing portion 102, the curving mechanism 105, and the flexible tube portion 106 in the endoscope device 100 can be accommodated and is configured to be fixed to the flexible tube portion 106 at the proximal end of the flexible tube portion 106, at the distal end of the flexible tube portion 106, or at an arbitrary position within the entire length of the flexible tube portion 106.).
Regarding claim 5, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 3,
Further, Okada teaches wherein the two end portions of the filament are respectively fixed at a pair of fixing holes provided in the endoscope cap (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b).
Regarding claim 6, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 5,
Further, Okada teaches wherein the two end portions of the filament are respectively fixed at two fixing holes (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b, the insertion fixing the movement of the wire along the longitudinal axis).
Regarding claim 7, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 5,
Further Okada teaches wherein a recessed portion (fig. 13, element 30, col. 13, ln. 22-32, The external tube 30 is formed of a tubular member having flexibility into which the tube 6 can be inserted. A distal end part of the external tube 30 is adhered and fixed to a side surface of the mounting part 8) is formed in a periphery of the fixing holes.
Regarding claim 8, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claims 7,
Further, Okada teaches further comprising an adhesive, wherein the recessed portion is filled with the adhesive (fig. 13, element 30, col. 13, ln. 22-32, The external tube 30 is formed of a tubular member having flexibility into which the tube 6 can be inserted. A distal end part of the external tube 30 is adhered and fixed to a side surface of the mounting part 8).
Regarding claim 9, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 5,
Further, Hashimoto teaches wherein the endoscope cap comprises a hood portion attached to the outer circumferential surface of the distal end portion of the endoscope (fig. 3, element 1, [0025], an overtube 1) and a cap portion connected to a distal end of the hood portion (fig. 2, element 9, [0032], extension tube member 9, extension tube member may be considered a gripping device in that the channel extension is taught to house a gripping device), the support hole is formed in the hood portion (fig. 4, element 3/4 , [0032], a first wire guide 3 and a second wire guide 4, control wires 5/6 bend as they exit wire guides 3/4, which construe fulcrum points), and the pair of fixations are formed in the cap portion (fig. 4, element 5/6, [0032], first control wire 5 and a second control wire 6).
Further, Okada teaches wherein the holes are fixing holes (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b, the insertion fixing the movement of the wire along the longitudinal axis).
Regarding claim 11, Hashimoto in view of Okada and Johnson teaches The treatment tool according to claim 9,
Further, Hashimoto teaches wherein the filament is inserted from an outside toward an inside of the support hole ([0032], the treatment tool control wires 5 and 6 are inserted into the pair of wire guides 3 and 4, respectively), and
Further, Okada teaches the knots of the filament are disposed inside the cap portion (fig. 5, element 12, a second pivot 12).
Regarding claim 13, Hashimoto in view of Okada teaches The endoscope treatment tool according to claim 12,
Hashimoto in view of Okada does not explicitly teach wherein the filament comprises knots formed at the two end portions.
However, Johnson teaches wherein the filament comprises knots formed at the two end portions ([0218] a knot disposed on the end of a cable prevents the cable from retracting through a hole).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the locking member of Hashimoto to be a knot as taught in Johnson in order to prevent the cable from retracting through a lumen or hole when pulled, while retaining freedom of rotation (Johnson [0218,220]).
Regarding claim 14, Hashimoto in view of Okada and Johnson teaches
Further, Hashimoto teaches The endoscope treatment tool according to claim 13, wherein the endoscope cap comprises an opening configured for insertion of the endoscope from a proximal end side of the cap (fig. 1, element 2, [0033], For example, the long shaft member 2 has a size in the longitudinal direction in which the tip constructing portion 102, the curving mechanism 105, and the flexible tube portion 106 in the endoscope device 100 can be accommodated and is configured to be fixed to the flexible tube portion 106 at the proximal end of the flexible tube portion 106, at the distal end of the flexible tube portion 106, or at an arbitrary position within the entire length of the flexible tube portion 106.).
Regarding claim 15, Hashimoto in view of Okada and Johnson teaches The endoscope treatment tool according to claim 13,
Further, Okada teaches wherein the two end portions of the filament are respectively fixed at a pair of fixing holes provided in the endoscope cap (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b).
Regarding claim 16, Hashimoto in view of Okada and Johnson teaches The endoscope treatment tool according to claim 15,
Further, Okada teaches wherein the two end portions of the filament are respectively fixed at two fixing holes (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b, the insertion fixing the movement of the wire along the longitudinal axis).
Regarding claim 17, Hashimoto in view of Okada and Johnson teaches The endoscope treatment tool according to claim 15,
Further, Okada teaches wherein a recessed portion (fig. 13, element 30, col. 13, ln. 22-32, The external tube 30 is formed of a tubular member having flexibility into which the tube 6 can be inserted. A distal end part of the external tube 30 is adhered and fixed to a side surface of the mounting part 8) is formed in a periphery of the fixing holes.
Regarding claim 18, Hashimoto in view of Okada and Johnson teaches The endoscope treatment tool according to claim 15,
Further, Hashimoto teaches wherein the endoscope cap comprises a hood portion (fig. 3, element 1, [0025], an overtube 1) attached to the outer circumferential surface of the distal end portion of the endoscope and a cap portion (fig. 2, element 9, [0032], extension tube member 9, extension tube member may be considered a gripping device in that the channel extension is taught to house a gripping device) connected to a distal end of the hood portion, the support hole is formed in the hood portion (fig. 4, element 3/4 , [0032], a first wire guide 3 and a second wire guide 4, control wires 5/6 bend as they exit wire guides 3/4, which construe fulcrum points), and the pair of fixations are formed in the cap portion (fig. 4, element 5/6, [0032], first control wire 5 and a second control wire 6),
Further, Okada teaches wherein the holes are fixing holes (fig. 3, element 4, col. 5, ln. 60 – col. 6, ln. 11, The connecting member 4 is inserted into the through-hole 5b, the insertion fixing the movement of the wire along the longitudinal axis).
Regarding claim 20, Hashimoto in view of Okada and Johnson teaches The endoscope treatment tool according to claim 18,
Further, Hashimoto teaches wherein the filament is inserted from an outside toward an inside of the support hole ([0032], the treatment tool control wires 5 and 6 are inserted into the pair of wire guides 3 and 4, respectively), and
Further, Okada teaches the knots of the filament are disposed inside the cap portion (fig. 5, element 12, a second pivot 12).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-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 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
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