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.
Claims 2, 4, 5, 9, 11, 12, 13, and 14 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.
Regarding claims 2, 4, 9, 11, 13, and 14 the phrase "and/or" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 5 the phrase "for example" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9 the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 12 the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14 rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Johnson et al (U.S. Patent Application Publication 2024/0164633, hereinafter “Johnson”). Regarding claim 1, Johnson teaches a system for connecting a medical accessory to an endoscope, comprising:
the medical accessory (figure 3 element 100) comprising at least one protruding element (figure 3 element 130)
a slide (figure 3 element 120), comprising an upper side (figure 3 pointed at with the upper arrow below) and a lower side (figure 3 pointed at with the lower arrow below), and at least one passage opening (figures 1 and 3 space within element 120 that element 100 fits into) extending between the upper side and the lower side of the slide configured for passaging at least a part of the medical accessory
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wherein the slide is movable, relative to the medical accessory between a first position and second position (see longitudinal movement of slide in figures 3 and 4)
wherein in the first position (figure 3) the medical accessory is positioned in the wider part of the at least one passage opening at the upper side of the slide (figure 3 the medical accessory goes through the slide, including the wider part of the upper opening), and at least a part of the endoscope to be connected to the medical accessory is positioned in a broader portion of the at least one passage opening at the lower side of the slide (figure 3 endoscope port 170 exists in the broader opening formed by the neutral positioned tabs 180 at the lower side of the slide)
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wherein in the second position (figure 4) the medical accessory is positioned at least partially beyond the narrower part of the passage opening at the upper side of the slide (figure 4 the medical accessory goes past the halfway point of the slide (where the narrowest part of the upper opening is)), and at least a part the endoscope (figure 4 port 170 see tabs 160 of medical accessory 100 in the gap of element 170 circled below) is positioned in a slimmer portion of the at least one passage opening at the lower side of the slide to limit movement between the slide and the endoscope
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Regarding claim 2, Johnson teaches a system wherein a width of the at least one passage opening at the upper side of the slide is smaller than a width of the at least one protruding element of the medical accessory to limit movement between the slide and the medical accessory (figure 3 protruding element 130 is wider than the upper opening of slide 120), wherein at the lower side of the slide the at least one passage opening has a tapered or asymmetric shape and/or wherein at the upper side of the slide the at least one passage opening comprises a wider part (figure 3 pointed at with the upper arrow below) and a narrower part (figure 3 pointed at with the lower arrow below).
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Regarding claim 3, Johnson teaches a system wherein the at least one passage opening at the lower side of the slide at least partially tapers along a slide direction (figure 2 taper angle shown below), wherein the slide direction extends between the first position and the second position of the slide (see figures 3 and 4 slide direction is between the upper (figure 3) and lower (figure 4) positions).
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Regarding claim 4, Johnson teaches a system wherein the wider part of the at least one passage opening at the upper side of the slide at least partially aligns with at least a part of the broader portion of the tapered shape or asymmetric shape of the at least one passage opening at the lower side of the slide (the whole slide is arranged around one longitudinal axis, so all elements are aligned including the wider part of the upper opening and the broader part of the tapered shape) to allow insertion of the medical accessory and/or to allow the insertion of at least a part of the endoscope in the passage opening of the slide.
Regarding claim 5, Johnson teaches a system wherein the medical accessory is configured to be connected to and/or to be inserted in at least one port of the endoscope (figure 3 shows the connection between the medical accessory 100 and the endoscope port 170), the port for example being a suction valve, an air/water valve or an instrument channel of the endoscope.
Regarding claim 6, Johnson teaches a system wherein the width of the slimmer portion of the at least one passage opening of the slide at the lower side of the slide is smaller than a flanged portion of the at least one port of the endoscope (figure 4 below see tabs of medical accessory fitting into divot past flanged part of the endoscope port).
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Regarding claim 7, Johnson teaches a system wherein the width of the at least one passage opening at the upper side of the slide comprises a narrowest part (figure 3 pointed at with arrow below).
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Regarding claim 8, Johnson teaches a system wherein the narrowest part is arranged between two side ends of the at least one passage opening (figure 3 above see that the narrowest part is surrounded on both sides by side ends of the slide).
Regarding claim 9, Johnson teaches a system wherein the medical accessory is substantially oblong (figure 1 see that element 100 is oblong), wherein the at least one protruding element at least partially protrudes in a substantially perpendicular direction to a longitudinal direction of the medical accessory (figure 3 element 130 extends perpendicularly to the longitudinal direction of element 100), wherein the at least one protruding element is configured to be at least partially in contact with and/or to at least partially abut the upper side of the slide (figure 2 see element 130 abuts the slide 120), and/or wherein the medical accessory comprises at least one second protruding element located below the at least one protruding element (figure 1 tabs 160), preferably wherein the second protruding element is configured to be at least partially in contact with and/or to at least partially abut (figure 4 see tabs 160 abutting the lower side of slide 120) the lower side of the slide to limit movement between the slide and the medical accessory.
Regarding claim 10, Johnson teaches a system wherein the medical accessory comprises at least two ends located on opposite sides of the medical accessory (figure 1 medical accessory 100 has a shown lower end circled below, and not pictured has another end on the other side of the accessory).
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Regarding claim 13, Johnson teaches method for connecting a medical accessory to an endoscope, the method comprising the steps of:
providing a medical accessory (figure 1 element 100) comprising at least one protruding element (figure 1 element 130)
providing a slide (figure 3 element 120), comprising an upper side (figure 3 pointed at with the upper arrow below) and a lower side (figure 3 pointed at with the lower arrow below), and at least one passage opening (figures 1 and 3 space within element 120 that element 100 fits into) extending between the upper side and the lower side of the slide configured for passaging at least a part of the medical accessory
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passaging the medical accessory at least partially through a wider part of the at least one passage opening at the upper side of the slide (figure 3 the medical accessory goes through the slide, including the wider part of the upper opening)
passaging at least a part of a port of an endoscope at least partially through a broader portion of the at least one passage opening at the lower side of the slide (figure 3 shown below endoscope port 170 exists in the broader opening formed by the neutral positioned tabs 180 at the lower side of the slide)
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moving the slide relative to the medical accessory and/or the port of the endoscope, such that the medical accessory is positioned at least partially beyond the narrower part of the passage opening at the upper side of the slide (figure 4 the medical accessory goes past the halfway point of the slide (where the narrowest part of the upper opening is)) and such that at least a part of the port of the endoscope is positioned in a slimmer portion of the at least one passage opening at the lower side of the slide (figure 4 port 170 see tabs 160 of medical accessory 100 in the gap of element 170 circled below)
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Regarding claim 14, Johnson teaches a method for connecting a medical accessory to an endoscope wherein a width of the at least one passage opening at the upper side of the slide is smaller than a width of the at least one protruding element of the medical accessory to limit movement between the slide and the medical accessory (figure 3 protruding element 130 is wider than the upper opening of slide 120), wherein at the lower side of the slide the at least one passage opening has a tapered or asymmetric shape (figure 2 taper angle shown below) and/or wherein at the upper side of the slide the at least one passage opening comprises a wider part (figure 3 pointed at with the upper arrow below) and a narrower part (figure 3 pointed at with the lower arrow below).
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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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Randhawa et al (U.S. Patent Application Publication 2024/0252023, hereinafter “Randhawa”). While Johnson teaches the elements of claim 1, it fails to teach a system wherein the medical accessory comprises an annular recess at a lower side of the protruding element for accommodating an O-ring configured to provide a seal in a space between at least a part of the medical accessory to be connected to at least a part of the endoscope and the endoscope and/or wherein the medical accessory comprises at least two annular recesses at a lower side of the protruding element for accommodating two O-rings configured to provide separation between channels, such as a water channel and/or an air channel, in an endoscope. Randhawa teaches a system wherein the medical accessory (figure 2a element 200) comprises an annular recess at a lower side of the protruding element (figure 2G recess circled below) for accommodating an O-ring configured to provide a seal in a space between at least a part of the medical accessory to be connected to at least a part of the endoscope and the endoscope (channel separator pin 270 may further comprise annular seal 275, such as an O-ring, a wiper seal and/or a pressure actuated seal) and/or wherein the medical accessory comprises at least two annular recesses at a lower side of the protruding element for accommodating two O-rings configured to provide separation between channels, such as a water channel and/or an air channel, in an endoscope. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the protruding element of the medical accessory with an O-ring in order to prevent leakage at the connection between the medical accessory and the endoscope port, improving safety in terms of cleanliness (prevents fluid leakage over the patient during an operation) and improving control as the endoscope is prevented from becoming wet and slippery during surgical use.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Kauffman et al (U.S. Patent Application Publication 2021/0338252, hereinafter “Kauffman”) and Kikuchi et al (U.S. Patent Application Publication 2021/0161536, hereinafter “Kikuchi”). Johnson teaches the limitations of claim 1 and regarding claim 12 teaches a system wherein the slide comprises a grip or a gripping portion for gripping the slide and exerting a force on the slide (figure 1 outside of element 120 is meant to be held and moved by the operator), it fails to teach a system wherein the slide is arranged to move, more in particular to slide, in direction perpendicular relative to a longitudinal direction of the medical accessory, wherein the slide is at least partially composed of a polymer material, in particular a thermoplastic polymer material, such as polypropylene or polyamide and/or wherein the medical accessory is at least partially composed of a metal, in particular of steel, more in particular of stainless steel. Kauffman teaches a system wherein the slide is arranged to move, more in particular to slide, in direction perpendicular relative to a longitudinal direction of the medical accessory (paragraph 28 “As the tip 105 slides laterally (perpendicular to the longitudinal dimension of the tip 105 and handle 125) to engage the cleat 123 in the receptacle 113 and the cleat 143 in the receptacle 133” as shown in figure 2A below), but fails to teach a system wherein the slide is at least partially composed of a polymer material, in particular a thermoplastic polymer material, such as polypropylene or polyamide and/or wherein the medical accessory is at least partially composed of a metal, in particular of steel, more in particular of stainless steel. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the slide of Johnson with a perpendicular sliding direction relative to the longitudinal direction of the medical accessory in order to lock the slide from moving longitudinally along the medical accessory, allowing the accessory to be used for pushing and pulling operations within the patient without any changes in the slide configuration (falling off or becoming dislodged and angled) that could harm the patient.
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Kikuchi teaches a system wherein the slide is at least partially composed of a polymer material, in particular a thermoplastic polymer material, such as polypropylene or polyamide (paragraph 71 explains the slide member being made of a polyamide material) and/or wherein the medical accessory is at least partially composed of a metal, in particular of steel, more in particular of stainless steel. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the slide of Johnson and Kauffman to be made of a polyamide material due to their high tensile strength and durability, promoting the longevity of the slide across multiple uses.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAYTON BARKER whose telephone number is (571)272-0912. The examiner can normally be reached between 9:00 and 5:00 PM EST Mondays through Fridays.
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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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/DAYTON HYUN JIN BARKER/Patent Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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