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
Applicants’ election of claims 1-18 is acknowledged. The election is considered without traverse and made final. See MPEP 818.01 (portions below) -
818.01(a) Reply Must be Complete [R-07.2015]
As indicated in the first sentence of 37 CFR 1.143, the traverse to a requirement for restriction must be complete as required by 37 CFR 1.111(b). Under this rule, the applicant is required to specifically point out the reason(s) on which he or she bases his or her conclusion(s) that a requirement to restrict is in error. A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111. Thus the required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.
Claims 19-20 are withdrawn from further consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/30/2025, 01/23/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-6, 8-18 is/are rejected under 35 U.S.C. 102 as being anticipated by Harada (US 20230355079).
Regarding claim 1, Harada discloses a medical device (FIG. 1) comprising:
a shaft (insertion part 14 has a working channel; FIGS. 1, 14; Para [0007]) comprising a working channel;
a distal tip (distal end part 14a) coupled to the shaft and comprising a housing, wherein the housing includes a slot (an elevator housing space 37: FIG. 4, annotated) in communication with the working channel, wherein the slot includes a bottom opening (FIG. 4; Para [0045]) formed in a bottom wall of the housing; and
an elevator (elevator 39; FIG. 13, annotated) positioned within the slot, wherein, in a fully lowered configuration of the elevator, at least a portion of the elevator extends through the bottom opening (FIGS. 4, 8A, 8B).
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Regarding claim 2, Harada discloses wherein the slot further includes a distal opening on a distal wall of the housing, and a top opening on a top wall of the housing (FIG. 4).
Regarding claim 3, Harada discloses a protrusion (FIG. 13, annotated) extending from a back surface of the elevator (The protrusions can be considered extending from the back surface of the elevator.).
Regarding claim 4, Harada discloses wherein, in the fully lowered configuration, the protrusion is received within the bottom opening (FIGS. 4, 8A, 8B).
Regarding claim 5, Harada discloses wherein the elevator includes a guide surface (distal end part of the protrusion - 38, 51) configured to contact a medical instrument, and wherein the back surface is opposite to the guide surface.
Regarding claim 6, Harada discloses wherein the protrusion is elongated in an axial direction (Protrusion, FIG. 13 is elongated in axial direction) along a distal portion of the back surface.
Regarding claim 8, Harada discloses wherein a lateral width of the protrusion is less than a lateral width of the back surface (FIGS. 9-10, 13).
Regarding claim 9, Harada discloses wherein in the fully lowered configuration, portions of the back surface adjacent to the protrusion (Side portion of the protrusion, FIGS. 3-4, 13, contact an inner surface of the bottom wall.) contact an inner surface of the bottom wall.
Regarding claim 10, Harada discloses wherein the portions of the back surface adjacent to the protrusion are on a first lateral side of the back surface and a second lateral side of the back surface (FIG. 13).
Regarding claim 11, Harada discloses wherein a portion of the back surface that is proximal of the protrusion contacts the inner surface of the bottom wall (FIGS. 3-4, 13).
Regarding claim 12, Harada discloses wherein in the fully lowered configuration, a medical instrument extending along a guide surface of the elevator extends distally from the distal tip at an angle of approximately 0.0 degrees to approximately 5.0 degrees (Note the angle of treatment tool with the axis in FIG. 13, reproduced below).
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Regarding claim 13, Harada discloses wherein a distal end of the elevator includes a distal surface, wherein the distal surface intersects a guide surface at a first distal edge (FIG. 13, reproduced below), and wherein a central portion of the first distal edge is distal to side portions of the first distal edge (A central portion of the first distal edge is distal to side portions of the first distal edge).
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Regarding claim 14, Harada discloses wherein the elevator includes a guide surface configured to contact a medical instrument, and wherein the guide surface has a "V" shape (FIG. 13).
Regarding claim 15, Harada discloses wherein the bottom opening is continuous with a distal opening of the slot (FIG. 4), wherein the distal opening is formed in a distal wall of the distal tip (FIG. 4).
Regarding claim 16, Harada discloses a medical device (FIG. 1) comprising:
a shaft (insertion part 14 has a working channel; FIGS. 1, 14; Para [0007]) comprising a working channel;
a distal tip (distal end part 14a) coupled to the shaft and comprising a housing, wherein the housing includes a slot (an elevator housing space 37: FIG. 4, annotated) in communication with the working channel; and
an elevator (elevator 39; FIG. 13, annotated) positioned within the slot, wherein the elevator includes a first side surface having a first top edge and a first bottom edge (The elevator has a side surface, a first top edge and a first bottom edge.);
a second side surface having a second top edge and a second bottom edge (On the other side, the elevator has a side surface a first top edge and a first bottom edge); and a distal surface having a distal top edge and a distal bottom edge (FIGS. 9-10, 13);
wherein the first top edge is parallel to the first bottom edge (FIG. 13), wherein the second top edge is parallel to the second bottom edge (On the two sides, the top edge and bottom edges are parallel), and wherein the distal bottom edge is straight and extends from the first bottom edge to the second bottom edge (the distal bottom edge is straight and extends from the first bottom edge to the second bottom edge; FIGS. 9-10).
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Regarding claim 17, Harada discloses wherein the elevator includes a guide surface to contact a medical instrument (FIG. 13), wherein the guide surface has a "C" shape, and wherein the distal top edge is a distal edge of the guide surface, such that the distal top edge has a "C" shape (FIG. 13, reproduced below).
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Regarding claim 18, Harada discloses wherein the housing includes a distalmost (The distalmost extends substantially perpendicularly to a longitudinal axis of the distal tip. FIG. 13) surface that extends substantially perpendicularly to a longitudinal axis of the distal tip.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102 as being anticipated by Katsurada (US 5868663).
Regarding claim 1, Katsurada discloses a medical device (FIG. 3) comprising:
a shaft comprising a working channel (FIG. 6);
a distal tip coupled to the shaft (FIG. 3) and comprising a housing, wherein the housing includes a slot in communication with the working channel (FIG. 3), wherein the slot includes a bottom opening formed in a bottom wall of the housing (FIG. 3); and
an elevator (raising piece 3 is held in a receptacle groove 2 formed in the front end body 1.) positioned within the slot, wherein, in a fully lowered configuration of the elevator, at least a portion of the elevator extends through the bottom opening (FIG. 1).
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Regarding claim 2, Katsurada discloses wherein the slot further includes a distal opening on a distal wall of the housing, and a top opening on a top wall of the housing (FIG. 1).
Regarding claim 3, Katsurada discloses wherein a protrusion (FIG. 2) extending from a back surface of the elevator (FIG. 3).
Regarding claim 4, Katsurada discloses wherein in the fully lowered configuration, the protrusion is received within the bottom opening (FIG. 1).
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Regarding claim 5, Katsurada discloses wherein the elevator includes a guide surface configured to contact a medical instrument, and wherein the back surface is opposite to the guide surface (FIGS. 1, 2).
Regarding claim 6, Katsurada discloses wherein the protrusion is elongated in an axial direction along a distal portion of the back surface (protrusion is elongated in an axial direction along a distal portion of the back surface; FIG. 2).
Regarding claim 7, Katsurada discloses wherein the protrusion has a rounded square shape (The protrusion has a rounded square shape. FIGS. 2-3; FIG.2, reproduced above).
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.
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, 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
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 10/20/26
