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/Restriction
This application contains claims directed to the following patentably distinct species
Fig. 2-13, the valve that rotates along a first axis parallel to a second axis, drawn to claims 3-9, 17-18.
Fig. 14-24, the valve that rotates along a first axis perpendicular to a second axis, drawn to claims 10-14, 19-20.
The species are independent or distinct because the mechanisms are mutually exclusive and cannot be used in combination with each other. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, 1, 2, 15-16 generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: The mechanisms are not likely to be encompassed by a singular search criterium that would encompass the breadth of either invention.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.During a telephone conversation with Richard Dreyer on 9/26/2026 a provisional election was made without traverse to prosecute the invention of I, claims 1-9, 15-18. Affirmation of this election must be made by applicant in replying to this Office action. Claims 10-14, 19-20 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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.
Claim(s) 1-4, 7-9, 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko (EP 4088643 A1).
Regarding claim 1, Ko teaches A suction valve for controlling a fluid flowing through an endoscope that includes a flexible tubular probe extending from a handle body, the endoscope being connectable to a suction source, the suction valve comprising:
a valve housing (fig. 4, unlabeled tube receives the valve element) to be supported by the handle body, the valve housing defining a first opening (fig. 4, element 100, p. 4, para. 1, first conduit 100) and a second opening (fig. 4, element 200, p. 4, para. 1, second conduit 200);
a valve element within the valve housing, the valve element including a sealing portion (fig. 3, element 300, p. 4, para. 1, shaft 300) that is rotatable about a first axis between an open position and a closed position relative to the valve housing (fig. 6, element 304, p. 4, para. 1, curved slide rail 304 rotates the shaft by a preset angle); and
a plunger (fig. 4, element 500, p. 4, para. 3, cap 500) engaging the valve element and being movable relative thereto, the plunger being further movable linearly along a second axis between a home position and a depressed position relative to the valve housing (fig. 4-5, element 500 shows a pressing action), the sealing portion moving from the closed position to the open position in response to the plunger moving from the home position to the depressed position, the sealing portion providing a greater obstruction to fluid communication between the first opening and the second opening when the scaling portion is in the closed position than when the sealing portion is in the open position (p. 4, para. 1, when the pressing unit is depressed, the bump 502 moves in the first slot 401 and the sliding ball 501 slides along the curved slide rail 304 to bring the shaft 300 to rotate by a preset angle, such that the second slot 302 communicates with the second conduit 200.).
Regarding claim 2, Ko teaches The suction valve of claim 1,
wherein the valve element is spaced apart from the first opening when the sealing portion is in the closed position (fig. 4, element 300, valve has a gap between it and the first conduit), the valve element is spaced apart from the second opening when the sealing portion is in the open position (fig. 5, element 302, while the valve element communicates, a space exists between the two), the valve element covers the second opening when the sealing portion is in the closed position, and the valve element uncovers the second opening when the sealing portion is in the open position (fig. 5, element 302, p. 4, para. 1, the shaft 300 to rotate by a preset angle, such that the second slot 302 communicates with the second conduit 200).
Regarding claim 3, Ko teaches The suction valve of claim 1,
wherein the first axis is substantially parallel with the second axis (fig. 4/5, the valve rotates about the central vertical axis, along which the cap is also pressed).
Regarding claim 4, Ko teaches The suction valve of claim 1,
wherein the first axis is collinear with the second axis (fig. 4/5, the valve rotates about the central vertical axis, along which the cap is also pressed).
Regarding claim 7, Ko teaches The suction valve of claim 1,
wherein the plunger includes a helical portion extending through a helical bore defined by the valve element (fig. 6, element 304, 501, p. 4, para. 1, the shaft 300 being provided with a curved slide rail 304, the pressing unit being provided with a sliding ball 501 at a position in contact with the curved slide rail 304,).
Regarding claim 8, Ko teaches The suction valve of claim 1
wherein the plunger defines a vent passageway connecting the first opening in fluid communication with a surrounding atmosphere when the plunger is in the home position (fig. 7, element 504, p. 6, para. 1, Furthermore, a through hole (not shown) is disposed directly above the second opening 302 of the shaft 300. Two third openings 504 are oppositely arranged in the sidewall of the cap 500. When the suction valve is not depressed, a pneumatic pump in the endoscope may suction the ambient air via the third openings 504 and the through hole so as to prevent undesired suctioning of the air inside the patient body.).
Regarding claim 9, Ko teaches The suction valve of claim 1,
wherein the plunger includes a valve plug (fig 8, element 502, p. 6, para. 2, a recessed groove 402 having a size adapted to the bump 502 is provided at the inner sidewall of the holding seat 400), the valve housing includes a valve seat (fig. 6, element 400, p. 4, para. 1, holding seat 400), the valve plug engages the valve seat when the plunger is in the depressed position, and the valve plug is spaced apart from the valve seat when the plunger is in the home position to define a vent passageway connecting the first opening in fluid communication with a surrounding atmosphere (fig. 7, element 504, p. 6, para. 1, Furthermore, a through hole (not shown) is disposed directly above the second opening 302 of the shaft 300. Two third openings 504 are oppositely arranged in the sidewall of the cap 500. When the suction valve is not depressed, a pneumatic pump in the endoscope may suction the ambient air via the third openings 504 and the through hole so as to prevent undesired suctioning of the air inside the patient body).
Regarding claim 15, Ko teaches The suction valve of claim 1,
wherein the first opening is in fluid communication with the suction source when the endoscope is connected to the suction source (p. 4, para. 2, the first conduit 100 is connected to a pneumatic pump of the endoscope), and the second opening is in fluid communication with the flexible tubular probe (fig. 4, para. 2, The second conduit 200 is inserted inside a human body to suction polyps and/or tissue liquids in the human body).
Regarding claim 16, Ko teaches The suction valve of claim 1,
wherein the second opening is in fluid communication with the suction source (p. 4, para. 2, the first conduit 100 is connected to a pneumatic pump of the endoscope) when the endoscope is connected to the suction source, and the first opening is in fluid communication with the flexible tubular probe (fig. 4, para. 2, The second conduit 200 is inserted inside a human body to suction polyps and/or tissue liquids in the human body, the first and second conduits of Ko can be mapped to either of the first or second openings of the instant application).
Regarding claim 17, Ko teaches A suction valve for controlling a fluid flowing through an endoscope that includes a flexible tubular probe extending from a handle body, the endoscope being connectable to a suction source, the suction valve comprising:
a valve housing (fig. 4, unlabeled tube receives the valve element) to be supported by the handle body, the valve housing defining a first opening (fig. 4, element 100, p. 4, para. 1, first conduit 100) and a second opening (fig. 4, element 200, p. 4, para. 1, second conduit 200);
a valve element (fig. 3, element 300, p. 4, para. 1, shaft 300) within the valve housing, the valve element including a sealing portion that is rotatable about a first axis between an open position and a closed position relative to the valve housing (fig. 6, element 304, p. 4, para. 1, curved slide rail 304 rotates the shaft by a preset angle), the valve element defining a bore encircling the first axis; and
a plunger (fig. 4, element 500, p. 4, para. 3, cap 500) extending at least partially through the bore of the valve element, the plunger being movable linearly along a second axis between a home position and a depressed position relative to the valve housing (fig. 4-5, element 500 shows a pressing action), the second axis being substantially parallel with the first axis, the sealing portion rotating about the first axis from the closed position to the open position in response to the plunger moving from the home position to the depressed position, the sealing portion providing a greater obstruction to fluid communication between the first opening and the second opening when the sealing portion is in the closed position than when the sealing portion is in the open position (p. 4, para. 1, when the pressing unit is depressed, the bump 502 moves in the first slot 401 and the sliding ball 501 slides along the curved slide rail 304 to bring the shaft 300 to rotate by a preset angle, such that the second slot 302 communicates with the second conduit 200.).
Regarding claim 18, Ko teaches The suction valve of claim 17,
wherein the plunger includes a helical portion extending through and mating with the bore of the valve element (fig. 6, element 304, 501, p. 4, para. 1, the shaft 300 being provided with a curved slide rail 304, the pressing unit being provided with a sliding ball 501 at a position in contact with the curved slide rail 304,).
Claim Rejections - 35 USC § 103
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 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(s) 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko as applied to claim 1 above, and further in view of Zhou (CN 117297505 B).
Regarding claim 5, Ko teaches The suction valve of claim 1,
Ko does not explicitly teach wherein the plunger includes a gear.
However, Zhou teaches wherein the plunger includes a gear (fig. 7, element 600, p. 10, para. 2, the limiting assembly 600 can also limit the moving path of the valve core 200 by using the matching structure of the baffle plate and the stopper or the matching structure of the gear rack).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve structure of Ko to include a gear as taught in Zhou in order to limit the movement path of the valve core (Ko p. 10, para. 2).
Regarding claim 6, Ko teaches the suction valve of claim 1,
Ko does not explicitly teach wherein the plunger includes a first gear, the valve element includes a second gear, and the first gear meshes with the second gear.
However, Zhou teaches wherein the plunger includes a first gear, the valve element includes a second gear, and the first gear meshes with the second gear (fig. 7, element 600, p. 10, para. 2, the limiting assembly 600 can also limit the moving path of the valve core 200 by using the matching structure of the baffle plate and the stopper or the matching structure of the gear rack).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve structure of Ko to include a gear as taught in Zhou in order to limit the movement path of the valve core (Ko p. 10, para. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-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 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
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