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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of priority document JP 2022-138494 has been received.
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.
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujitani (US PGPUB 2013/0150672 – “Fujitani”).
Regarding Claim 1, Fujitani discloses:
An endoscope (Fujitani FIG. 1, endoscope 1) comprising:
a rotary cylindrical portion (Fujitani FIG. 3, flexible tube part mouthpiece 31) that is connected with an insertion portion (Fujitani FIG. 1, insertion unit 2 having a proximal end part 6a) to be inserted into a body lumen (Fujitani paragraph [0025], “elongate insertion unit 2 which is inserted into a body cavity”) and rotates together with the insertion portion (Fujitani paragraph [0039], “rotary dial 15 rotates together with the insertion unit 2, support member 17a, flexible tube part mouthpiece 31,”); and
an operation unit (Fujitani FIG. 1, operation unit 3 including a bend control lever 9) that operates the insertion portion (Fujitani FIG. 1, bendable part 7; Fujitani paragraph [0026], “operation unit 3 performs an operation of changing a direction of a bendable part 7 of the insertion unit 2”), the endoscope further comprising:
a cylindrical handle (Fujitani FIG. 1, rotary dial 15 joined to support member 17a; Examiner notes that Fujitani’s rotary dial 15 does not appear to be perfectly cylindrical in Fujitani FIG. 1, just as the cylindrical handle 26 in FIG. 2 of present invention is not perfectly cylindrical) that has a bottom in which a through hole into which the rotary cylindrical portion is internally fitted is formed (Fujitani FIG. 3, showing flexible tube part mouthpiece 31 in an opening/through hole formed by support member 17a of rotary dial 15) and that rotates the rotary cylindrical portion (Fujitani paragraph [0039], “rotary dial 15 rotates together with the insertion unit 2, support member 17a, flexible tube part mouthpiece 31,”); and
a rotation suppression member (Fujitani FIG. 3, torque control member 53) that is provided in the operation unit (Fujitani FIG. 3, operation unit 3), contacts the bottom of the cylindrical handle (Fujitani FIG. 3, showing torque control member 53 contacting support member 17a of rotary dial 15; Examiner notes that the cylindrical handle 26 shown in Applicant’s FIG. 3 is a rotatable structure. Applicant’s rotation suppression member 30 is adjacent to an interior circumference of the cylindrical handle 26, not just the bottom surface 261A of the cylindrical handle 26. Similarly, Fujitani’s torque control member 53 is adjacent to the interior circumference of support member 17 of rotary dial 15, not just a “bottom” part.), and suppresses rotation of the cylindrical handle (Fujitani paragraph [0042], “torque control member 53 which applies frictional resistance to the insertion unit 2 during rotation of the insertion unit 2”).
Regarding Claim 3, Fujitani discloses the features of Claim 1, as described above.
Fujitani further discloses wherein a gap is formed between the rotation suppression member and an inner surface of the cylindrical handle (Fujitani FIG. 3, showing gap (into which pin 19 extrudes) between the inner surface of support member 17a of rotary dial 15 and torque control member 53).
Regarding Claim 4, Fujitani discloses the features of Claim 1, as described above.
Fujitani further discloses wherein the rotation suppression member (Fujitani FIG. 3, torque control member 53) has a ring shape (Fujitani paragraph [0044], “torque control member 53 has the same shape as concave part 33a, and has a ring-like shape”).
Regarding Claim 5, Fujitani discloses the features of Claim 1, as described above.
Fujitani further discloses wherein the rotation suppression member (Fujitani FIG. 3, torque control member 53) is an annular body shape having a rectangular cross section (Fujitani FIG. 4D, showing torque control member 53 having a rectangular cross section).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fujitani (US PGPUB 2013/0150672 – “Fujitani”) in view of Takeuchi et al. (US PGPUB 2007/0212913 – “Takeuchi”) .
Regarding Claim 2, Fujitani discloses the features of Claim 1, as described above.
Fujitani further discloses:
a holding cylindrical portion (Fujitani FIG. 3, operation unit mouthpiece 41) that is externally fitted to the rotary cylindrical portion (Fujitani FIG. 3, showing operation unit mouthpiece externally fitted around/externally to flexible tube part mouthpiece 31) and rotatably holds the rotary cylindrical portion (Fujitani paragraph [0044], “flexible tube part mouthpiece 31…and…operation unit mouthpiece 41…are connected to each other”).
Fujitani does not explicitly disclose wherein the rotation suppression member is circumferentially provided outside the holding cylindrical portion.
Takeuchi is analogous art in the field of endoscopic devices that teaches wherein the rotation suppression member (Takeuchi FIG. 6, elastic member 50) is circumferentially provided outside the holding cylindrical portion (Takeuchi FIG. 6, operation portion connector 24; see also Takeuchi FIG. 6, insertion portion 44 and Takeuchi paragraph [0039], “insertion portion connecter 44 is internally fitted into the operation portion connecter 24 of the operation portion 20 rotatably in a direction around a central axis of this insertion portion connecter 44”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute Takeuchi’s elastic member 50 for Fujitani’s torque control member 53 in the endoscope disclosed by Fujitani. A person having ordinary skill in the art would be motivated to make this simple substitution of one known element for another to obtain the predictable result of an endoscope having a rotation suppression member that is adjustable such that resistance to rotation of the insertion portion relative to the operation unit is adjustable according to the needs/preferences of the user (see also Fujitani FIG. 2A cam pin 32, cam ring 34, cam groove 35, and frictional surface 36 of cam ring 34; Fujitani paragraph [0044], “the cam pin 32 and the cam groove 35 form a movement adjusting mechanism which relatively move the cam ring 34 and the rotary ring 48 to continuously adjust the press force acting between the elastic member 50 and the frictional surface 36 while deforming the elastic member 50”).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Fujitani (US PGPUB 2013/0150672 – “Fujitani”) in view of Lozman et al. (US PGPUB 2011/0034775 – “Lozman”).
Regarding Claim 6, Fujitani discloses the features of Claim 1, as described above.
Fujitani does not explicitly disclose a groove formed in the bottom of the cylindrical handle and having a shape corresponding to the rotation suppression member.
Lozman is analogous art in the field of endoscopic devices that teaches a groove (Lozman FIG. 5, groove 39 shown in inner cannula 30 and outer cannula 40 that is attached to rotating collar 70) formed in the bottom of the cylindrical handle (Lozman FIG. 5, rotating collar 70 and outer cannula 40) and having a shape corresponding to the rotation suppression member (Lozman FIG. 5, o-ring 80; Lozman paragraph [0042], “o-ring 80. The o-ring(s) seat(s) in the groove 39 and serve(s) the dual functions of providing friction to rotational movement of the inner cannula 30 relative to the outer cannula 40”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Lozman’s o-ring 80 with the endoscope disclosed by Fujitani. A person having ordinary skill in the art would be motivated to combine these prior art elements according to known methods to yield the predictable result of an endoscope device that is protected from and sealed off from the environment found in a surgical site (Lozman paragraph [0042], “o-ring 80. The o-ring(s) seat(s) in the groove 39 and serve(s) the dual functions of… fluid from exiting the surgical site through any gaps between the cannulas”).
Regarding Claim 7, Fujitani discloses the features of Claim 1, as described above.
Fujitani further discloses a contact portion (Examiner-annotated Fujitani FIG. 3 shown below, contact portion contacting torque control member 53) that contacts the rotation suppression member on a side opposite to the bottom in an axial direction of the rotary cylindrical portion (Fujitani FIG. 3, showing contact portion on an opposite side and axially proximate to torque control member 53).
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Fujitani does not explicitly disclose wherein a groove having a shape corresponding to the rotation suppression member is formed in the contact portion.
Lozman is analogous art in the field of endoscopic devices that teaches a groove (Lozman FIG. 5, groove 39 shown in inner cannula 30 and outer cannula 40 that is attached to rotating collar 70) corresponding to the rotation suppression member (Lozman FIG. 5, o-ring 80; Lozman paragraph [0042], “o-ring 80. The o-ring(s) seat(s) in the groove 39 and serve(s) the dual functions of providing friction to rotational movement of the inner cannula 30 relative to the outer cannula 40”) formed in the contact portion (Examiner-annotated Lozman FIG. 5 shown below, contact portion defined by distal section of outer cannula 40).
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine Lozman’s o-ring 80 with the endoscope disclosed by Fujitani. A person having ordinary skill in the art would be motivated to combine these prior art elements according to known methods to yield the predictable result of an endoscope device that is protected from and sealed off from the environment found in a surgical site (Lozman paragraph [0042], “o-ring 80. The o-ring(s) seat(s) in the groove 39 and serve(s) the dual functions of… fluid from exiting the surgical site through any gaps between the cannulas”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes, but is not limited to:
Kusunoki et al. (US Patent 5,529,580 – “Kusunoki”), which teaches in Kusunoki FIG. 12 an o-ring 112 surrounding a rotary tube 108.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIM BOICE whose telephone number is (571)272-6565. The examiner can normally be reached Monday-Friday 9:00am - 5:00pm Eastern.
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 at (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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JIM BOICE
Examiner
Art Unit 3795
/JAMES EDWARD BOICE/Examiner, Art Unit 3795
Prosecution Insights