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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/24/25 and 5/22/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the distal portion of the second side wall forms a closed end of the second side portion” (claim 7), “the second side wall forms a closed distal end of the second portion” (claim 19), and “a height of the first side edge and a height of a proximal portion of the second side edge are the same” (claim 13) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 7-11, 18, 19, and 20 are 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 7 recites that “the distal portion of the second side wall forms a closed end of the second side portion of the guide surface.” In view of the Applicant’s disclosure, it is unclear what “a closed end” of the second side wall entails. The Specification and Drawings do not provide clarity to this limitation. This feature is not depicted in the drawings or described clearly in the Specification. The only relevant discussion of this limitation can be found in paragraph 0037: “A proximal portion of second side wall 366b (a portion proximal of distal end portion 390) may be approximately parallel to central longitudinal axis C and to first side wall 366a. As particularly shown in FIG. 3C, whereas first side portion 378a of guide surface 360 may be open on its distalmost end, second side portion 378b of guide surface 360 may have a closed distalmost end because distal end portion 390 may form a closed distal surface.” These features are not depicted in Figure 3C, nor would a person having ordinary skill in the art recognize the meaning of this limitation based on the limited description provided. For examination purposes, claim 1 recites that a distal portion of the second side wall extends further upward than a distal portion of the first sidewall. The Examiner is interpreting “a closed distal end” as the second side portion being “closed” by virtue of extending further upward than the first side portion at a greater height, such that the distal portion of the wall blocks movement at that height, whereas the first side wall is “open” at that same height. Appropriate correction is required.
Claims 8-11 are dependent on claim 7, thus are also rendered indefinite. Appropriate correction is required.
Claim 18 recites “…wherein the second portion of the guide surface has a closed distal end.” Claim 18 is indefinite for the same reasons provided for claim 7 above. The limitation “closed distal end” is being interpreted the same as indicated above for claim 7. Appropriate correction is required.
Claim 19 also recites “…wherein the second side wall forms a closed distal end of the second portion.” Claim 19 is indefinite for the same reasons provided for claim 7 above. The limitation “closed distal end” is being interpreted the same as indicated above for claim 7. Appropriate correction is required.
Claim 20 is dependent on claim 19, thus is also rendered indefinite. 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.
Claims 1-7, 12, 14, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ootawara et al. (US 2002/0091303 A1) (“Ootawara”).
Regarding claim 1, Ootawara discloses (Figures 1-6B) an elevator for a medical device, comprising: a first side wall (see Figure 6B annotated below); a second side wall (see Figure 6B annotated below); and a guide surface for contacting an accessory device (67/68), wherein the guide surface extends between the first side wall and the second side wall (Figure 6B), and wherein a distal portion of the second side wall extends further upward (at 29) in a direction perpendicular to a longitudinal axis of the elevator than a distal portion of the first side wall (Figure 6B).
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Regarding claim 2, Ootawara discloses (Figure 6B) the distal portion of the second side wall is angled inward towards the first side wall (at 29).
Regarding claim 3, Ootawara discloses (Figure 6B) the guide surface includes a first side portion at least partially on the first side wall and a second side portion at least partially on the second side wall, wherein the second side portion extends further upward in the direction perpendicular to the longitudinal axis than the first side portion (see Figure 6B annotated below).
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Regarding claim 4, Ootawara discloses (Figure 6A) that the distal portion of the second side wall includes a surface that faces at least partially in a proximal direction.
Regarding claim 5, Ootawara discloses (Figure 6A) a distalmost end of the distal portion of the second side wall is adjacent a central portion (321) of the guide surface, wherein the central portion is between the first side portion and the second side portion (paragraph 0285).
Regarding claim 6, Ootawara discloses (Figure 6B) that the first side portion of the guide surface is connected to a first side surface of the first side wall by a first side edge, wherein the second side portion of the guide surface is connected to a second side surface of the second side wall by a second side edge, and wherein a height of the second side edge at the distal portion of the second side wall is greater than a height of the first side edge.
Regarding claim 7, Ootawara discloses (Figure 6B) the distal portion of the second side wall forms a closed end of the second side portion of the guide surface (see interpretation of “closed end” in view of 112 rejections above).
Regarding claim 12, Ootawara discloses (Figure 6B) the second side edge includes an upward slope extending towards a distal end of the elevator (paragraph 0283).
Regarding claim 14, Ootawara discloses (Figure 6B) that the guide surface includes a planar side portion at the distal portion of the second side wall (paragraph 0283).
Regarding claim 18, Ootawara discloses (Figure 6B) that the elevator includes a guide surface extending from the first side wall to the second side wall, wherein the guide surface includes a first portion adjacent to the first side wall (diagonal surface adjacent first side wall as annotated in Figure 6B above), a second portion (29) adjacent to the second side wall (as annotated in Figure 6B above), and a central portion (321) between the first portion and the second portion, wherein the first portion and the central portion of the guide surface have open distal ends, and wherein the second portion of the guide surface has a closed distal end (see interpretation of “closed end” in view of 112 rejections above).
Regarding claim 19, Ootawara discloses (Figures 1-6B) an elevator for a medical device, comprising: a first side wall (see Figure 6B annotated below); a second side wall (see Figure 6B annotated below); and a guide surface for contacting an accessory device (67/68), wherein the guide surface extends between the first side wall and the second side wall (Figure 6B), wherein the guide surface includes a first portion (slanted surface adjacent to first side wall in Figure 6B below) adjacent to the first side wall, a second portion (29) adjacent to the second side wall, and a central portion (321) between the first portion and the second portion, wherein distal ends of the first portion and the central portion of the guide surface are open (Figure 6B), and wherein the second side wall forms a closed distal end of the second portion (see interpretation of “closed distal end” in view of 112 rejections above).
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Regarding claim 20, Ootawara discloses (Figure 6A) a surface of the second side wall faces at least partially in a proximal direction.
Claims 1-4, 6-9, 12, 13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harada et al. (US 2020/0221929 A1) (“Harada”).
Regarding claim 1, Harada discloses (Figure 4) an elevator (30) for a medical device, comprising: a first side wall (wall indicated by reference numeral 30A); a second side wall (wall including 102, 104); and a guide surface (paragraph 0083) for contacting an accessory device, wherein the guide surface extends between the first side wall and the second side wall, and wherein a distal portion of the second side wall extends further upward in a direction perpendicular to a longitudinal axis of the elevator than a distal portion of the first side wall (portion including 102, 104 extends further upward than the first side wall).
Regarding claim 2, Harada discloses that the distal portion of the second side wall is angled inward towards the first side wall (see Figure 4 annotated below).
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Regarding claim 3, Harada discloses the guide surface includes a first side portion (see Figure 4 annotated below) at least partially on the first side wall and a second side portion (see Figure 4 annotated below) at least partially on the second side wall, wherein the second side portion extends further upward in the direction perpendicular to the longitudinal axis than the first side portion.
Regarding claim 4, Harada discloses (Figure 3) that the distal portion of the second side wall includes a surface that faces at least partially in a proximal direction (paragraph 0063).
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Regarding claim 6, Harada discloses that the first side portion of the guide surface is connected to a first side surface of the first side wall by a first side edge (see Figure 4 annotated above), wherein the second side portion of the guide surface is connected to a second side surface of the second side wall by a second side edge, and wherein a height of the second side edge at the distal portion of the second side wall is greater than a height of the first side edge.
Regarding claim 7, Harada discloses that the distal portion of the second side wall forms a closed end of the second side portion of the guide surface (see Figure 4 annotated below).
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Regarding claim 8, Harada discloses (Figure 4) that the second side surface of the second side wall includes a first portion and a second portion, and wherein the second portion extends to a distalmost edge of the elevator and is angled inward relative to the first portion towards the first side wall.
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Regarding claim 9, Harada discloses (Figure 4) that an edge of the second portion extends approximately vertically from the distalmost edge of the elevator.
Regarding claim 12, Harada discloses (Figure 4) that the second side edge includes an upward slope extending towards a distal end of the elevator (see Figure 4 annotated below).
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Regarding claim 13, Harada discloses (Figure 4) a height of the first side edge and a height of a proximal portion of the second side edge are the same (see Figure 4 annotated below).
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Regarding claim 15, Harada discloses (Figure 4) that the first side wall and the second side wall extend to a planar distal-facing surface, wherein the distal-facing surface has a "U" shape (see Figure 4 annotated below).
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Regarding claim 16, Harada discloses (Figure 4) an elevator (30) for a medical device, comprising: a first side wall (wall indicated by reference numeral 30A); and a second side wall (wall including 102, 104), wherein a proximal portion of the second side wall is substantially parallel to an entirety of the first side wall (Figure 4), and wherein a distal portion of the second side wall curves toward the first side wall (see Figure 4 annotated below).
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Regarding claim 17, Harada discloses (Figure 3) a surface of the distal portion of the second side wall faces at least partially in a proximal direction (paragraph 0063).
Allowable Subject Matter
Claims 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 10 recites that a portion of the edge of the second portion is axially aligned with the distalmost edge of the elevator. This limitation, in combination with the limitations of claim 1 and intervening claims 3, 6, 7, 8, and 9, is not disclosed or suggested in the prior art of record. Both the Ootawara and Harada references fail to disclose or suggest the combination of features required by claim 10.
Claim 11 recites that the edge of the second portion has a second portion that curves away from a central longitudinal axis of the guide surface. This limitation, in combination with the limitations of claim 1 and intervening claims 3, 6, 7, and 8, is not disclosed or suggested in the prior art of record. Both the Ootawara and Harada references fail to disclose or suggest the combination of features required by claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shimizu et al. (US 4,841,949) disclose a similar elevator (Figure 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN D KNAUSS whose telephone number is (571)272-8641. The examiner can normally be reached M-F 12:30-8:30.
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, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.D.K/Examiner, Art Unit 3771
/DIANE D YABUT/Primary Examiner, Art Unit 3771
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