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
Claim 45 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention III, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/20/2026. The Examiner has rejoined claim 44 with Invention I and therefore claims 30-44 are pending for examination, while claim 45 remains withdrawn.
Applicant's election with traverse of Invention I in the reply filed on 8/20/2026 is acknowledged. The traversal is on the ground(s) that the shared technical feature is in fact a special feature as Nakao et al does not address the problem of retrieving an elongated foreign object through an elongated passage wherein the foreign object can be positioned parallel to the elongate direction of the housing. This is not found persuasive because as this feature is taught by Alsatie (US 2022/0354515) as detailed bellow and therefore is not considered a special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 32 and 39 is objected to because of the following informalities:
In claim 32, “the first object manipulation tool is arranged to have a distal end of the first objection manipulation tool is positioned alongside the housing” should recite - - the first object manipulation tool is arranged to have a distal end of the first objection manipulation tool [[is]] positioned alongside the housing - - to be grammatically correct.
Applicant is advised that should claim 36 be found allowable, claim 39 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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 30-44 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.
Regarding claims 30 and 32, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 31, “a distal end of the first object manipulation tool” is already introduced and recited in claim 30. Therefore, it is unclear if the distal end referred to in claim 31 is referring to the same distal end in claim 30, or a different end. For examination purposes and as best understood by the Examiner in light of the specification, the Examiner will interpret claim 31 as - - the distal end of the first object manipulation tool - -.
Claim 40 recites the limitation "the loop forming distal end of the first object manipulation tool". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 40, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Claim(s) 33-39, 41-44 is/are rejected as being dependent on, and failing to cure the deficiencies of, their rejected respective parent claims.
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.
(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.
Claim(s) 30-35, 37, 38, 41, 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brady et al (US 2013/0144326).
Brady et al discloses the following limitations:
Claim 30. A device (1) capable of retrieving a foreign object through an elongated passage, the device comprising:
a first object manipulation tool (2);
a second object manipulation tool (3);
an elongated housing (18+19), such as a flexible tube, arranged for accommodating at least part of the first object manipulation tool, and also at least part of the second object manipulation tool (Figs. 81a, 81b),
wherein the first object manipulation tool, and also the second object manipulation tool, is arranged to be partially moved out of the housing at or near a distal end of the housing (Fig. 81a; [0983]); and
the first object manipulation tool is arranged to have a distal end of the first object manipulation tool positioned alongside the housing at a distance (x) (see ‘x’ in annotated figure below) from the distal end of the housing, so that the foreign object can be positioned parallel to an elongation direction of the housing (when an elongated foreign object is positioned through first (2) and second (3) object manipulation tool in Fig. 81a, the foreign object can be positioned parallel to an elongate direction of the housing due to the transverse angle of the first and second object manipulation tool extending substantially perpendicular to the elongate direction.
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Claim 31. The device of claim 30, wherein the first object manipulation tool (2) is arranged to have the distal end of the first object manipulation tool positioned alongside and outside the housing at the distance from the distal end of the housing (see annotated figure from claim 31).
Claim 32. A device (1) capable of retrieving a foreign object through an elongated passage, the device comprising:
a first object manipulation tool (2);
a second object manipulation tool (basket 3 including cables 21);
an elongated housing (18+19), such as a flexible tube, arranged for accommodating at least part of the first object manipulation tool, and also at least part of the second object manipulation tool (Figs. 81a, 81b),
wherein the first object manipulation tool, and also the second object manipulation tool, is arranged to be partially moved out of the housing at or near a distal end of the housing (Fig. 81a; [0983]); and
the first object manipulation tool is arranged to have a distal end of the first object manipulation tool positioned alongside the housing at a distance (x) (see ‘x’ in annotated figure from claim 30) from the distal end of the housing, wherein the housing comprises a slit (28) extending from the distal end of the housing towards a proximal end of the housing, which slit is arranged for having at least part of the first object manipulation tool extending therethrough (Fig. 81a; [0980]).
Claim 33. The device of claim 30, wherein the housing comprises a separator (13) positioned inside the housing, which separator forms two separate compartments (lumen 33 of tube 13 and lumen of mounting section 18 defined the interior surface of mounting section 18 and the exterior surface of tube 13) in the housing, and wherein the first object manipulation tool is positioned in one of the compartments, and the second manipulation tool (cable 21 which is considered an element of the second object manipulation tool is positioned within lumen 33; [0972]) is positioned in another of the compartments (Figs. 81a, 81b).
Claim 34. The device of claim 30, wherein the housing comprises a slit (28) extending from the distal end of the housing towards a proximal end of the housing ([0980]), which slit is arranged for having at least part of the first object manipulation tool extending therethrough and wherein the housing comprises a separator (13) positioned inside the housing, which separator forms two separate compartments (lumen 33 of tube 13 and lumen of mounting section 18 defined the interior surface of mounting section 18 and the exterior surface of tube 13) in the housing, and wherein the first object manipulation tool is positioned in one of the compartments, and the second manipulation tool is positioned in another of the compartments (cable 21 which is considered an element of the second object manipulation tool is positioned within lumen 33; [0972]; Figs. 81a, 81b)
Claim 35. The device of claim 30, wherein the first object manipulation tool comprises a snare (16), with a loop-forming distal end (Fig. 81a).
Claim 37. The device according to claim 30, wherein the second object manipulation tool comprises a snare (30), with a loop-forming distal end (Fig. 81a; [0958]).
Claim 38. The device of claim 37, wherein the loop-forming distal end of the snare of the second object manipulation tool forms a loop which defines an opening (31) that is essentially free of obstructions (Fig. 81a; [0958]).
Claim 41. The device of claim 35, wherein the loop formed by the snare of the first object manipulation tool can be tightened (the snare is considered tightened when pulled against another surface to close the space of the opening as seen in Fig. 81b).
Claim 43. The device of claim 30, wherein the elongated housing is capable of being inserted into a working channel of an endoscopic camera as it is sized for the lumen of a vessel which is a common since to be placed within a working channel of an endoscopic camera.
Claim(s) 30, 31, 33, 35-39, 41-44 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Alsatie (US 2022/0354515).
Alsatie discloses the following limitations:
Claim 30. A device (60) for retrieving a foreign object through an elongated passage (Fig. 3; [0006], [0025]), the device comprising:
a first object manipulation tool (98) ([0020]);
a second object manipulation tool (100) ([0020]);
an elongated housing (108), such as a flexible tube, arranged for accommodating at least part of the first object manipulation tool, and also at least part of the second object manipulation tool ([0019]),
wherein the first object manipulation tool, and preferably also the second object manipulation tool, is arranged to be partially moved out of the housing at or near a distal end of the housing (Fig. 3; [0019]); and
the first object manipulation tool is arranged to have a distal end of the first object manipulation tool positioned alongside the housing at a distance (x) (see annotated figure below for labeled ‘x’) from the distal end of the housing, so that the foreign object can be positioned parallel to an elongation direction of the housing ([0025]).
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Claim 31. The device of claim 30, wherein the first object manipulation tool (98) is arranged to have the distal end of the first object manipulation tool positioned alongside and outside the housing at the distance from the distal end of the housing (see annotated figure from claim 30 above).
Claim 33. The device of claim 30, wherein the housing comprises a separator (wall that separates channels 78 and 80 inside flexible sheath 108) positioned inside the housing, which separator forms two separate compartments (78, 80) in the housing, and wherein the first object manipulation tool (98) is positioned in one of the compartments (78), and the second manipulation tool (100) is positioned in another of the compartments (80) ([0019]).
Claim 35. The device of claim 30, wherein the first object manipulation tool comprises a snare, with a loop-forming distal end (98) ([0020]).
Claim 36. The device of claim 35, wherein the loop-forming distal end of the snare of the first object manipulation tool forms a loop (98) which defines an opening that is essentially free of obstructions (Fig. 3).
Claim 37. The device according to claim 30, wherein the second object manipulation tool comprises a snare, with a loop-forming distal end (100) ([0020]).
Claim 38. The device of claim 37, wherein the loop-forming distal end of the snare of the second object manipulation tool forms a loop (100) which defines an opening that is essentially free of obstructions (Fig. 3).
Claim 39. The device of claim 30, wherein the first object manipulation tool comprises a snare, with a loop-forming distal end (98), wherein the loop-forming distal end of the snare of the first object manipulation tool forms a loop which defines an opening that is essentially free of obstructions (Fig. 3).
Claim 41. The device of claim 35, wherein the loop formed by the snare of the first object manipulation tool can be tightened ([0020]; i.e. manipulate the control members to close the loop).
Claim 42. The device of claim 37, wherein the loop formed by the snare of the second object manipulation tool can be tightened ([0020]; i.e. manipulate the control members to close the loop).
Claim 43. The device of claim 30, wherein the elongated housing is arranged to be inserted into a working channel of an endoscopic camera ([0047]).
Claim 44. An endoscopic assembly (Figs. 1, 3) for retrieving a foreign object through an elongated passage ([006], [0025]), comprising: an endoscopic tool (60) according to claim 30; and an endoscopic camera (42) with an elongated tube and a working channel through said tube ([0017]), wherein the device is arranged to be inserted into the working channel ([0025]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE M SHI whose telephone number is (571)270-5620. The examiner can normally be reached Mon-Thurs, 8-5 EST.
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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/KATHERINE M SHI/Primary Examiner, Art Unit 3771
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