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 .
Election/Restrictions
Applicant’s election without traverse of Species A (Fig.1a) and D (Fig.3a) in the response of 4 September, 2026 is acknowledged. Applicant avers claim 38 does not read on the elected species. Claim 38 is withdrawn, claims 32-37 and 39 are examined.
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 32-37 and 39 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 pre-AIA the applicant regards as the invention.
In regards to claim 1, the claim is indented such that it is ambiguous as to whether the first magnetic coupling element is part of the first portion, and as to whether the second magnetic coupling element is part of the second planar portion. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed these are part of the respective named items.
In regards to claim 1, the claim reads “a first planar portion that is parallel to an axial direction” [line 4], “a second planar portion, the second planar portion comprising: … at least one second magnetic coupling element” [lines 6-10]. Here, “planar portion” could be interpreted to mean a planar, ie. flat surface, in which case the second planar portion comprising at least one second magnetic coupling element is nonsensical, as the second planar surface is a two-dimensional thing. Otherwise, “planar portion” could be interpreted to refer to a three-dimensional object, in which case the first planar portion being parallel to a particular direction is nonsensical. Further in the alternative, this could be understood to be an obvious drafting error, where the “first planar portion” was meant to be recited as a “first planar surface” instead.
Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed that the latter is correct.
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.
Claims 32-33 and 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa et al (US 2017/0215702) in view of Tsuji et al. (US 2006/0287576).
In regards to claim 32, Niwa discloses a system comprising:
an endoscope connector [50, Fig.1] comprising a first portion [52, Fig.1, para.26] having a first shape, the first portion comprising:
a first planar portion [53b, Fig.1, para.30] that is parallel to an axial direction of the endoscope connector;
an endoscope adapter [41, Figs.4, 6, para.34] comprising a second planar portion [42], the second planar portion comprising:
a substantially planar surface [42, Fig.6, para.37] that is parallel to an axial direction of the endoscope adapter.
However, Niwa does not positively disclose the first portion comprises at least one first magnetic coupling element, and
the second planar portion comprises at least one second magnetic coupling element, wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element.
Niwa further discloses wherein the endoscope connector and endoscope adapter are configured to be coupled together [para.25, 27].
Tsuji teaches an analogous system comprising an endoscope connector [111, Figs.18-19, para.134] and an endoscope adapter [112, Figs.18-19, para.135] wherein
the endoscope connector comprises a first portion [end of 111, Figs.18-19] having a first shape, the first portion comprising at least one first magnetic coupling element [221, Figs.18-19, para.220]; and
the endoscope adapter comprises a second planar portion [face of 112, Figs.18-19] the second planar portion comprising at least one second magnetic coupling element [222, Figs.18-19, para.220], wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element [para.220].
Tsuji teaches that the magnets are provided for the purpose of mounting the connector to the adaptor and retaining them in this position [para.220].
Therefore it would have been obvious to one having ordinary skill in the art to modify the first portion and the second planar portion disclosed by Niwa with magnetic coupling elements in accordance with the teachings of Tsuji. This would be done for the purpose taught above, as well as since Tsuji shows that it is known the art to attach different endoscope parts using magnetic coupling elements.
In the alternative, Niwa discloses a system comprising:
an endoscope connector [41, Figs.4, 6, para.34] comprising a first portion [interior of 41, Fig.6] having a first shape, the first portion comprising:
a first planar portion [42, Fig.6, para.37] that is parallel to an axial direction of the endoscope connector;
an endoscope adapter [50, Fig.1] comprising a second planar portion [52, Fig.1, para.26], the second planar portion comprising:
a substantially planar surface [53b, Fig.1, para.30] that is parallel to an axial direction of the endoscope adapter.
However, Niwa does not positively disclose the first portion comprises at least one first magnetic coupling element, and
the second planar portion comprises at least one second magnetic coupling element, wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element.
Niwa further discloses wherein the endoscope connector and endoscope adapter are configured to be coupled together [para.25, 27].
Tsuji teaches an analogous system comprising an endoscope connector [112, Figs.18-19, para.135] and an endoscope adapter [111, Figs.18-19, para.134] wherein
the endoscope connector comprises a first portion [face of 112, Figs.18-19] having a first shape, the first portion comprising at least one first magnetic coupling element [222, Figs.18-19, para.220]; and
the endoscope adapter comprises a second planar portion [end of 111, Figs.18-19] the second planar portion comprising at least one second magnetic coupling element [221, Figs.18-19, para.220], wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element [para.220].
Tsuji teaches that the magnets are provided for the purpose of mounting the connector to the adaptor and retaining them in this position [para.220].
Therefore it would have been obvious to one having ordinary skill in the art to modify the first portion and the second planar portion disclosed by Niwa with magnetic coupling elements in accordance with the teachings of Tsuji. This would be done for the purpose taught above, as well as since Tsuji shows that it is known the art to attach different endoscope parts using magnetic coupling elements.
In regards to claim 33, Niwa in view of Tsuji teaches the system of claim 32, wherein the first planar portion is alignable with the second planar portion such that:
a set of electroconductive contacts [Niwa: 45, Fig.6, para.38] of the endoscope connector are axially aligned with a set of electroconductive contacts [Niwa: 58, 59, Figs.1-2, 5, 8, para.28] of the endoscope adapter; and
at least one port [Niwa: 47, Fig.6, para.39] of the endoscope connector is axially aligned with a corresponding insertion port [Niwa: port at tip of 26, Fig.1, para.32] of the endoscope adapter.
However, Niwa in view of Tsuji does not positively teach that the contacts of the endoscope adapter are a set of electroconductive pins.
In a separate embodiment, Tsuji teaches that contacts of the endoscope adapter may be electroconductive pins [138, Figs.10-11, para.143].
Therefore, it would have been obvious to one having ordinary skill in the art to modify the electroconductive contacts of the adapter as taught by Niwa in view of Tsuji to be pins in accordance with the teaching of Tsuji. This would be done as Tsuji shows that it is known in the art.
In regards to claims 35-36, Niwa in view of Tsuji teaches the system of claim 32, wherein:
the at least one first magnetic coupling element comprises at least one first magnet [Tsuji: 221, Figs.18-19, para.220]; and
the at least one second magnetic coupling element comprises at least one second magnet [Tsuji: 222, Figs.18-19, para.220].
Claims 32 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa et al (US 2017/0215702) in view of Zhao et al. (US 2019/0142256).
In regards to claim 32, Niwa discloses a system comprising:
an endoscope connector [50, Fig.1] comprising a first portion [52, Fig.1, para.26] having a first shape, the first portion comprising:
a first planar portion [53b, Fig.1, para.30] that is parallel to an axial direction of the endoscope connector;
an endoscope adapter [41, Figs.4, 6, para.34] comprising a second planar portion [42], the second planar portion comprising:
a substantially planar surface [42, Fig.6, para.37] that is parallel to an axial direction of the endoscope adapter.
However, Niwa does not positively disclose the first portion comprises at least one first magnetic coupling element, and
the second planar portion comprises at least one second magnetic coupling element, wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element.
Niwa further discloses wherein the endoscope connector and endoscope adapter are configured to be coupled together [para.25, 27].
Zhao teaches an endoscope coupler [68, Fig.4, para.77-78] and an endoscope adapter [70, Fig.4, para.77], wherein the endoscope coupler comprises at least one first magnetic coupling element [192, Figs.11a-b, para.96] and
the endoscope adapter comprises a second planar portion [108, Figs.11a-b, see the related 112(b) section hereinabove: as set forth here “planar portion” does not mean planar surface], the second planar portion comprising at least one second magnetic coupling element [116, Fig.11b, para.96], wherein the endoscope connector is non-mechanically attachable to endoscope adapter using the at least one first magnetic coupling element and the at least one second magnetic coupling element [para.96].
Therefore it would have been obvious to one having ordinary skill in the art to modify the first portion and the second planar portion disclosed by Niwa with magnetic coupling elements in accordance with the teachings of Zhao. This would be done since Zhao shows that it is known the art to attach different endoscope parts using magnetic coupling elements.
In regards to claim 34, Niwa in view of Zhao teaches the system of claim 32, wherein: the at least one first magnetic coupling element comprising a ferromagnetic material [Zhao: para.96, “ferritic materials”, ferrite being ferromagnetic]; and
the at least one second magnetic coupling element comprising at least one magnet [Zhao: para.96].
Allowable Subject Matter
Claims 37 and 39 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, 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 an examiner’s statement of reasons for allowance: The prior art fails to teach, among other features, an endoscope system comprising:
an endoscope connector and an endoscope adapter,
the connector comprising a first planar surface parallel to an axial direction of the connector, and the connector comprising at least one first magnetic coupling element,
the adapter comprising a planar surface parallel to an axial direction of the adapter, and the adapter comprising at least one second magnetic coupling element, ‘
the connector non-mechanically attachable to the adapter using the magnetic coupling elements,
(claim 37) further comprising a light source, a fluid source and a video processor,
light from the light source communicable over a first port in the connector,
fluid from the fluid source communicable over a second port in the connector, and
signals are communicable to the video processor over electroconductive contacts of the connector and electroconductive pins of the adapter.
Tsuji et al. (US 2006/0287576) discloses the above except for the planar surfaces and the italicized specifics.
Niwa et al (US 2017/0215702) discloses the above except for the magnetic coupling elements and the italicized specifics.
In obvious combination, Niwa in view of Tsuji teaches the above except for the italicized specifics.
Levy et al. (US 2017/0360280) discloses the above except for the planar surfaces and magnetic coupling elements.
Zhao et al. (US 2019/0142256) discloses an endoscope connector-adapter system comprising a ferromagnetic material used for attachment.
In obvious combination, Niwa in view of Zhao teaches the above except for the italicized specifics.
Levy cannot be provided in combination with Niwa to provide the above system, as it would require placing the pins incorrectly to provide the above second input port in the endoscope connector.
There is no reason or suggestion provided in the prior art to modify the above prior art to teach the limitations as claimed above, and the only reason to modify the references would be based on Applicant's disclosure, which is impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tsuji et al. (US 2006/0287576)
Levy et al. (US 2017/0360280)
Zhao et al. (US 2019/0142256)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-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 (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON B FAIRCHILD/Primary Examiner, Art Unit 3795
