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 .
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.
Claim 14 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.
Claim 14 recites the limitation "second filler". There is insufficient antecedent basis for this limitation in the claim, as this claim is dependent on claim 1, which does not mention a first filler.
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.
Claims 1-10, and 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Morimoto et al (U.S. Patent Application 2021/0169312, hereinafter “Morimoto”). Regarding claim 1, Morimoto teaches an ultrasonic endoscope comprising:
a distal end portion that is disposed on a distal end side of an insertion part extending along a longitudinal axis direction (figure 3 “distal end portion” 50)
an elevator housing portion (figure 3 element 94a) that is disposed at the distal end portion, that has an opening (figure 3 opening pointed at below with the lower arrow containing elevator housing) on one side in a first direction orthogonal to the longitudinal axis direction, and that houses an elevator (figure 3 element 96) therein
PNG
media_image1.png
500
541
media_image1.png
Greyscale
and a disposition surface (figure 3 pointed at with upper arrow above) that is disposed on a base end side in the longitudinal axis direction with respect to the elevator housing portion, that includes a normal component toward a distal end side in the longitudinal axis direction
and that is provided with a fluid nozzle (figure 3 element 92) and an observation window (figure 3 element 88) disposed thereon
wherein, in a case of being viewed from the one side in the first direction, at least a part of a region of the fluid nozzle is disposed at a position overlapping with a base end side region in which the opening of the elevator housing portion is extended to the base end side in the longitudinal axis direction (figure 10 see region depicted with rectangle below)
PNG
media_image2.png
773
381
media_image2.png
Greyscale
Regarding claim 2, Morimoto teaches an ultrasonic endoscope wherein the observation window is disposed outside the base end side region (figure 10 above see observation window 88 not included within highlighted region).
Regarding claim 3, Morimoto teaches an ultrasonic endoscope wherein wherein the observation window is disposed at a position facing an ejection port side of the fluid nozzle (figure 3 below see pointed towards edge of observation window 88 faces the ejection port side of fluid nozzle 92).
PNG
media_image3.png
500
541
media_image3.png
Greyscale
Regarding claim 4, Morimoto teaches an ultrasonic endoscope wherein the disposition surface is provided with a first illumination window disposed outside the base end side region (figure 10 first illumination window 90A is outside the region highlighted two images above).
Regarding claim 5, Morimoto teaches an ultrasonic endoscope wherein the first illumination window is disposed on an opposite side to a side on which the fluid nozzle is disposed with respect to the observation window (figure 10 see that first illumination window 90a is located on the other side of the fluid nozzle 92 with respect to the observation window 88).
Regarding claim 6, Morimoto teaches an ultrasonic endoscope wherein the disposition surface is provided with a second illumination window of which at least a part of a region is disposed outside the base end side region (figure 10 two images above see second illumination window 90B is outside the highlighted region).
Regarding claim 7, Morimoto teaches an ultrasonic endoscope wherein the second illumination window is disposed on an opposite side to a side on which the observation window is disposed with respect to the fluid nozzle (figure 10 see below that second illumination window 90b is located on the other side of the fluid nozzle 92 with respect to the observation window 88, with the dotted line showing the two sides of the fluid nozzle).
PNG
media_image4.png
773
381
media_image4.png
Greyscale
Regarding claim 8, Morimoto teaches an ultrasonic endoscope wherein the disposition surface includes a first surface region (figure 3 lower circled arrow below) in which the fluid nozzle (figure 3 element 92) is disposed and a second surface region (figure 3 higher circled arrow below) in which the observation window (figure 3 element 60) is disposed, and in a case in which a normal direction of the disposition surface (figure 3 shown with the arrow below) is defined as a height direction, a height of the first surface region is lower than a height of the second surface region (figure 3 see that lower circled region is lower than the upper circled region in reference to the normal direction of the disposition surface as depicted with the upwards arrow).
PNG
media_image5.png
500
541
media_image5.png
Greyscale
Regarding claim 9, Morimoto teaches an ultrasonic endoscope further comprising a cover member (figure 3 outer case cover 72B) that is provided at the distal end portion and that is disposed on one side of the fluid nozzle in the first direction (case is disposed above the fluid nozzle in the first direction, as it composes the furthest edge of the distal end portion in that direction).
Regarding claim 10, Morimoto teaches an ultrasonic endoscope wherein the cover member is made of a material that is the same as a material of the distal end portion (cover member and the distal end portion are one, and so are made of the same material).
Regarding claim 13, Morimoto teaches an ultrasonic endoscope wherein, in a case of being viewed from an ejection port side of the fluid nozzle, an outermost end portion side of the fluid nozzle on the one side in the first direction is formed in an R-shape (figure 3 see opening of the ejection port is rounded, and applicant describes an R-shape as “(curved shape)” in paragraph 85 of their specification).
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.
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.
Claims 11, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto in view of Morimoto et al (U.S. Patent Application Publication 2018/0242832, hereinafter “Morimoto 2018”). Regarding claim 11, Morimoto fails to teach an ultrasonic endoscope wherein the cover member covers an outermost end portion side of the fluid nozzle on the one side in the first direction. Morimoto 2018 teaches an ultrasonic endoscope wherein the cover member covers an outermost end portion side of the fluid nozzle on the one side in the first direction (figure 3 cover member 68 in relation to nozzle 66, with the arrow below depicting the first direction).
PNG
media_image6.png
381
441
media_image6.png
Greyscale
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the ultrasonic endoscope of Morimoto with the cover member configuration of Morimoto 2018 in order to deflect cleaning fluid into the elevator housing portion, allowing for the elevator and treatment tool to be cleaned as well, improving the surgical capability of the device as the tool need not be removed entirely from the endoscope to be cleaned, and can be washed off during an operation.
Regarding claim 15, Morimoto fails to teach an ultrasonic endoscope wherein the disposition surface includes a guide surface that is provided on an opposite side to a side on which the fluid nozzle is provided with respect to the observation window and that guides fluid ejected from the fluid nozzle toward the elevator housing portion. Morimoto 2018 teaches an ultrasonic endoscope wherein the disposition surface includes a guide surface that is provided on an opposite side to a side on which the fluid nozzle is provided with respect to the observation window and that guides fluid ejected from the fluid nozzle toward the elevator housing portion (figure 3 guide surface 68).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the ultrasonic endoscope of Morimoto with the cover member configuration of Morimoto 2018 in order to deflect cleaning fluid into the elevator housing portion, allowing for the elevator and treatment tool to be cleaned as well, improving the surgical capability of the device as the tool need not be removed entirely from the endoscope to be cleaned, and can be washed off during an operation.
Regarding claim 16, Morimoto fails to teach an ultrasonic endoscope wherein a guide groove that guides the fluid guided by the guide surface to an inside of the elevator housing portion is provided at an edge portion of the opening of the elevator housing portion. Morimoto 2018 teaches an ultrasonic endoscope wherein a guide groove (figure 2 surface “S” that makes up a groove containing the elevator housing) that guides the fluid guided by the guide surface to an inside of the elevator housing portion is provided at an edge portion of the opening of the elevator housing portion.
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the ultrasonic endoscope of Morimoto with the cover member and groove surface configuration of Morimoto 2018 in order to deflect cleaning fluid into the elevator housing portion and towards the elevator itself, allowing for the elevator and treatment tool to be cleaned as well, improving the surgical capability of the device as the tool need not be removed entirely from the endoscope to be cleaned, and can be washed off during an operation.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Morimoto in view of Iwaya et al (U.S. Patent Application Publication 2022/0071473, hereinafter “Iwaya”). Regarding claim 12, Morimoto fails to teach an ultrasonic endoscope further comprising a first filler that fills a gap between the fluid nozzle and the cover member. Iwaya teaches an ultrasonic endoscope further comprising a first filler (paragraph 59 details filler layer 80 that fills the gap within the endoscope, and covers a part of the gap pointed to with an arrow in figure 3 below that lies between the cover member and fluid nozzle) that fills a gap between the fluid nozzle (figure 2 element 90) and the cover member (figure 3 cable cover 102).
PNG
media_image7.png
431
641
media_image7.png
Greyscale
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the ultrasonic endoscope of Morimoto with the filler of Iwaya in order to improve heat dissipation within the device as stated in paragraph 59 of Iwaya. Improving heat dissipation ensures that the endoscope does not overheat and either injure the patient during use or damage components of the distal end of the endoscope, rendering the device less useful or even useless.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Morimoto in view of Tanaka et al (U.S. Patent Application 2006/0009681, hereinafter “Tanaka”). Regarding claim 14, Morimoto fails to teach an ultrasonic endoscope further comprising a second filler that fills a level difference formed on one side of the fluid nozzle in the first direction. Tanaka teaches an ultrasonic endoscope further comprising a second filler (figure 12 filler 26) that fills a level difference (filler fills the empty space within the tunnel shaped path 25, and so fills a level difference between both sides of the path) the endoscope which contains a level difference between the formed on one side of the fluid nozzle in the first direction (the nozzle is located on the distal tip, and the filler is located in front of the nozzle in the proximal direction).
It would have been obvious before the effective filing date of the claimed invention to modify the endoscope of Morimoto with the filler of Tanaka in order to make the endoscope body airtight, as described in paragraphs 88 and 90 of Tanaka. An airtight distal end of the endoscope lowers the probability of contamination to the interior of the device during use, as pathogens are unable to enter the device. This improves the ease of the cleaning process of the distal tip, as it does not need to be taken apart to be cleaned inside and out, and reduces the risk of carrying an infection from patient to patient should the second patient be exposed to pathogens from the interior of the endoscope.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAYTON BARKER whose telephone number is (571)272-0912. The examiner can normally be reached 9:00 and 5:00 PM Mondays-Fridays.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAYTON HYUN JIN BARKER/Patent Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights