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 02/04/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election
Applicants’ election of claims 12-20 is acknowledged. The election is considered without traverse and made final. Claims 1-11 are withdrawn from further consideration.
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) 12-14, is/are rejected under 35 U.S.C. 102 as being anticipated by Adams (US 20090270897).
Regarding claim 12, Adams discloses an operation portion for use with a medical device (FIG. 4A) comprising:
a tube (barrel portion 131) having a first channel (Sleeve 211 has a channel) and a communication hole (lumen 223; FIG. 4A, reproduced below) on an outer circumferential surface of the tube; and
a closing body (tube 241) configured to close a proximal opening of the first channel (tube 241 when inserted inside the channel of sleeve 211; FIG.4B), the closing body having a distal end surface positioned distally (FIGS. 5-6) relative to a proximal end of the communication hole (The tube 241 closes the opening of the lumen 223 at the channel of sleeve 211, when in-place inside the sleeve 211; FIG. 6, reproduced below).
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Regarding claim 13, Adams discloses wherein the closing body includes a flange configured to restrict (Tube 241, which may be a rigid hypotube made of stainless steel or the like, may comprise a proximal end 243 and a distal end 245. Proximal end 243 may be fixedly mounted within lumen 219 of sleeve 211 using a suitable adhesive or the like. FIGS. 4A, 6; The attachment with adhesive provide a flange when fixedly mounted.) the closing body from rotating relative to the first channel.
Regarding claim 14, Adams discloses wherein the first channel is one of a plurality of channels formed in the tube (top lumen 196, a bottom lumen 197, are provided with the barrel portion 131.).
Claim(s) 12, 15-20, is/are rejected under 35 U.S.C. 102 as being anticipated by Hashiba (WO 2004069056).
Regarding claim 12, Hashiba discloses an operation portion for use with a medical device (FIG. 11, reproduced below) comprising:
a tube (tube of capsule 10 with opening on the proximal side and middle portion) having a first channel (FIG. 11) and a communication hole (window 14) on an outer circumferential surface of the tube; and
a closing body (endoscope E) configured to close a proximal opening of the first channel (FIG. 11), the closing body having a distal end surface (end 27) positioned distally relative to a proximal end of the communication hole (FIG. 11).
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Regarding claim 15, Hashiba discloses wherein the distal end surface has a curved surface (FIG. 11; End surface of end 27 is a curved surface).
Regarding claim 16, Hashiba discloses wherein the distal end surface is exposed to outside of the tube through the communication hole (The end 27 is exposed to the outside through the communication hole; FIG. 11).
Regarding claim 17, Hashiba discloses wherein an entirety of a distal-most face of the distal end surface is positioned distally relative to the proximal end of the communication hole (FIG. 11).
Regarding claim 18, Hashiba discloses wherein the distal end surface has an inclined surface inclined relative to a longitudinal axis of the first channel (The end surface near 27 is inclined; FIG. 11).
Regarding claim 19, Hashiba discloses wherein the closing body is inserted into the first channel of the tube (FIG. 11).
Regarding claim 20, Hashiba discloses wherein a distal end of the distal end surface is positioned proximally relative to a distal end of the communication hole (end 27 is positioned proximally relative to a distal end of the communication hole; FIG. 11).
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
10/13/26