CTNF 19/344,552 CTNF 93914 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-7 and 9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kawanishi (U.S. Pub. No. 2023/0018783), hereinafter “Kawanishi.” Regarding claim 1 , Kawanishi discloses an operation lever that is attached to an operation part for operating an insertion part to be inserted into a subject so as to be rotatable about a rotation axis (an operation lever that is attached to an operation portion for operating an insertion portion to be inserted into the body so as to be rotatable about a rotation axis, Abstract, [0002], [0006], [0017], Figs. 3 and 5), the operation lever comprising: an inner surface part that faces a side of the operation part (operation lever has an inner surface facing toward the operation portion, Figs. 3 and 5); an outer surface part that faces a side opposite to the side of the operation part and has a width in a longitudinal direction of the operation part smaller than a width of the inner surface part (operational lever has an outer surface facing a side opposite to the side of the operation portion and has a width in a longitudinal direction of the operation portion smaller than a width of the inner surface due to the chamfer/bevel along the edge of the outer surface of the operation lever, Figs. 3 and 5); and an inclined surface part that is provided between the outer surface part and the inner surface part and is inclined with respect to the outer surface part (operational lever has an inclined surface that is provided between the outer surface and the inner surface of the operational lever formed by the chamfer/bevel along the edge of the outer surface of the operation lever and the inclined surface is inclined with respect to the outer surface of the operation lever, Figs. 3 and 5). Regarding claim 2 , Kawanishi discloses the inclined surface parts are provided on both sides of the outer surface part in the longitudinal direction, respectively (the inclined surface formed by the chamfer/bevel along the edge of the outer surface is provided on both sides of the outer surface part in the longitudinal direction, respectively, Figs. 3 and 5). Regarding claim 3 , Kawanishi discloses the inclined surface part is connected to the outer surface part (operation lever has an inclined surface that is provided along the edge of the outer surface by the chamfer/bevel of the outer surface, Figs. 3 and 5). Regarding claim 4 , Kawanishi discloses a finger hook part that is provided at a position away from the rotation axis and extends in a direction in which the rotation axis extends (operational part has a finger placement portion that is shaped as a hook and is provided at a position away from the rotation axis and extends in a direction in which the rotation axis extends, Figs. 3 and 5); and a shaft-like part that is provided between the rotation axis and the finger hook part and extends in a direction intersecting the rotation axis (operation lever has a shaft/neck that is provided between the rotation axis and the hook shaped finger placement portion and extends in a direction intersecting the rotation axis, Figs. 3 and 5), wherein the inclined surface part is provided on the finger hook part or the shaft-like part (the inclined surface formed by the chamfer/bevel along the edge of the outer surface of the operation lever is provided on the hook shaped finger placement portion of the operation lever, Figs. 3 and 5). Regarding claim 5 , Kawanishi discloses a bent part that is provided between the finger hook part and the shaft-like part (a bent portion is provided between the hook shaped finger placement portion and the shaft/neck of the operation lever, Figs. 3 and 5). Regarding claim 6 , Kawanishi discloses the shaft-like part has a side surface part having a normal component in the longitudinal direction (the shaft/neck of the operation lever has a side surface having a normal component in the longitudinal direction, Figs. 3 and 5), and the inclined surface part is provided on the side surface part (the inclined surface formed by the chamfer/bevel along the edge is provided on the side surface of the operation lever, Figs. 3 and 5). Regarding claim 7 , Kawanishi discloses the side surface part includes a first region provided on a side of the rotation axis (a first region provided on a side of the rotation axis nearest to the rotation point of the operation lever, Figs. 3 and 5), a second region provided on a side of the finger hook part with respect to the first region and having a width in a direction of the rotation axis larger than a width of the first region (a second region provided on a side of the hook shaped finger placement portion with respect to the first region and having a width in a direction of the rotation axis larger than a width of the first region, wherein the side of the hook shaped finger placement portion protrudes beyond the plane of the surface of the neck/shaft of the operation lever, Figs. 3 and 5), and a first change region provided between the first region and the second region and having a width in the direction of the rotation axis larger on a side of the second region than on a side of the first region (a first change region provided between the first region and the second region and having a width in the direction of the rotation axis larger on a side of the second region than on a side of the first region, from the plane of the surface of the neck/shaft of the operation lever there is a transition to the widest protrusion point at the second region, Figs. 3 and 5), and the inclined surface part is provided on the second region or the first change region (the inclined surface formed by the chamfer/bevel is provided on the second and the first change region, Figs. 3 and 5). Regarding claim 9 , Kawanishi discloses the inclined surface part is provided on the finger hook part (the chamfer/bevel is provided on the hook shaped finger placement portion of the operation lever, Figs. 3 and 5) . 07-15 AIA Claim 10 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kawanishi . Regarding claim 10 , Kawanishi discloses a medical device including the insertion part and the operation part (an endoscope includes the insertion portion and the operation portion, Abstract, [0002], [0006], [0017]), comprising: at least one operation lever according to claim 1 (see rejection of claim 1 above) . 07-15 AIA Claim 14 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kawanishi . Regarding claim 14 , Kawanishi discloses an endoscope including the insertion part and the operation part (an endoscope includes the insertion portion and the operation portion, Abstract, [0002], [0006], [0017]) and having an observation window provided on a distal end side of the operation part (distal end of the operation portion includes an image pickup apparatus, [0018]-[0019], [0022]-[0023]), the endoscope comprising: at least one operation lever according to claim 1 (see rejection of claim 1 above) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi as in claim 4 above, and further in view of Altshuler et al. (U.S. Pub. No. 2022/0152353), hereinafter “Altshuler.” Regarding claim 8 , while Kawanishi discloses the outer surface part is provided on the shaft-like part (the outer surface is provided on the neck/shaft portion of the operation lever, Figs. 3 and 5), Kawanishi does not appear to disclose the outer surface part of the shaft-like part includes a third region provided on a side of the rotation axis, a fourth region provided on a side of the finger hook part with respect to the third region and having a width in the longitudinal direction smaller than a width of the third region, and a second change region provided between the third region and the fourth region and having a width in the longitudinal direction smaller on a side of the fourth region than on a side of the third region. However, in the same field of endeavor of levers for medical devices, Altshuler teaches the outer surface part is provided on the shaft-like part (thumb lever has an outer surface provided on the neck/shaft of the thumb lever, Figs. 2, 6A, 7A, and 8-10), and the outer surface part of the shaft-like part includes a third region provided on a side of the rotation axis (a third region of the thumb lever that is closest to the rotation point of the thumb lever at a side of the rotation axis and below the chamfer/bevel along the edge of the outer surface, [0033], Figs. 2, 6A, 7A, and 8-10), a fourth region provided on a side of the finger hook part with respect to the third region and having a width in the longitudinal direction smaller than a width of the third region (a fourth region of the thumb lever provided on a side of a thumb contacting portion of the thumb lever, the thumb contacting portion of the thumb lever being hook shaped, and having a width in the longitudinal direction smaller than the third region of the thumb lever that is closest to the rotation point of the thumb lever due to the chamfer/bevel along the edge of the outer surface of the thumb lever, Figs. 2, 5, 6A, 7A, and 8-10; see also the hook shape of the lever rising radially from the rotation point and extending laterally across the housing, Figs. 1-10), and a second change region provided between the third region and the fourth region and having a width in the longitudinal direction smaller on a side of the fourth region than on a side of the third region (a second change region of the thumb lever provide between the third region and the fourth region and having a width in the longitudinal direction smaller on a side of the fourth region than on a side of the third region formed by the tapering and chamfering/beveling of the thumb lever, Figs. 2, 5, 6A, 7A, and 8-10). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Atshuler’s known technique of applying a tapering and chamfer/bevel along the side of the lever to Kawanishi’s known apparatus of a chamfer/bevel along the side of the lever to achieve the predictable result that softened, curved edges along user control surfaces reduces pinching or poking of the user’s thumb. See, e.g., Dhanotiya et al. (U.S. Pub No. 2023/0404573) at [0045], [0049], and [0054]. See also MPEP 2144.04 IV. B. wherein changes in shape are “a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed [invention is] significant.” 07-21-aia AIA Claim s 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi as in claim 10 above, and further in view of Okada et al. (JP2007151595A), hereinafter “Okada.” Regarding claim 11 , Kawanishi does not appear to disclose the at least one operation lever includes a first operation lever and a second operation lever, and the first operation lever and the second operation lever are disposed to face the operation part. However, in the same field of endeavor of levers for medical devices, Okada teaches the at least one operation lever includes a first operation lever and a second operation lever (a first bending operation lever and a second bending operation lever, [0087], [0089], [0090], Fig. 18), and the first operation lever and the second operation lever are disposed to face the operation part (the first bending operation lever and the second operation lever are disposed to face the bending operation portion, Fig. 18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Okada’s known technique of disposing a first and a second operation lever on the operation portion to Kawanishi’s known apparatus disposing a first operation lever on the operation portion to achieve the predictable result that this improves operability by allowing for one handed operation. See, e.g., Okada, [0096]. Regarding claim 12 , while Kawanishi discloses the first operation lever bends the insertion part in a direction (the bending operation lever bends the insertion portion in a direction, [0024]), Kawanishi does not appear to disclose the first operation lever and the second operation lever bend the insertion part in different directions. However, in the same field of endeavor of levers for medical devices, Okada teaches the first operation lever and the second operation lever bend the insertion part in different directions (the first bending operation lever and the second bending operation lever bend an insertion part in different directions, [0090], Fig. 18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Okada’s known technique of disposing a first and a second operation lever on the operation portion to bend the insertion portion is different directions Kawanishi’s known apparatus disposing a first operation lever on the operation portion to bend the insertion portion to achieve the predictable result that this improves operability by allowing for one handed operation. See, e.g., Okada, [0096] . 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kawanishi in further view of Morimoto (U.S. Pub. No. 2016/0089125), hereinafter “Morimoto.” Regarding claim 13 , Kawanishi discloses an imaging probe including the insertion part and the operation part (an endoscope includes the insertion portion and the operation portion, Abstract, [0002], [0006], [0017]) and having a probe provided on a distal end of the insertion part (distal end of the operation portion includes an image pickup apparatus, [0018]-[0019], [0022]-[0023]), the imaging probe comprising: at least one operation lever according to claim 1 (see rejection of claim 1 above). However, Kawanishi does not appear to disclose an ultrasound probe including the insertion part and the operation part and having a probe provided on a distal end side of the insertion part, the ultrasound probe comprising: at least one operation lever according to claim 1. However, in the same field of endeavor of levers for medical devices, Morimoto teaches an ultrasound probe including the insertion part and the operation part (an ultrasonic endoscope including the insertion part and the operation part, [0055]-[0058]) and having a probe provided on a distal end side of the insertion part (an ultrasonic transducer provided on a distal end side of the insertion part, [0057], [0060], [0062], Figs. 1-2), the ultrasound probe comprising: at least one operation lever (operation lever, [0058], [0072, [0074]-[0075], Figs. 1 and 3-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Morimoto’s known technique of disposing an ultrasonic transducer on the distal end side of the insertion part of an ultrasonic endoscope to Kawanishi’s known apparatus having an imaging apparatus on the distal end of the insertion part of an endoscope to achieve the predictable result that providing an ultrasonic transducer allows for the position of the target site to be confirmed. See, e.g., Morimoto, [0124] . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jurevicius et al. (U.S Pub. No. 2020/0121164) discloses an operation lever with an inner surface, outer surface, and an inclined surface between the inner and outer surfaces. Tah et al. (U.S. Pub. No. 2020/0196834) discloses an operation lever with an inner surface, outer surface, and an inclined surface between the inner and outer surfaces. Konstorum (U.S. Patent No. 8,864,656) discloses an operation lever with an inner surface, outer surface, and an inclined surface between the inner and outer surfaces. Asami et al. (JP2008023064A) discloses a first operation lever and a second operation lever disposed to face the operation part and bend the insertion part in different directions. Akui (U.S. Pub. No. 2021/0127951) discloses a first operation lever and a second operation lever disposed to face the operation part and bend the insertion part in different directions. Kaneko (U.S. Pub. No. 2013/0012781) discloses a first operation lever and a second operation lever disposed to face the operation part and bend the insertion part in different directions. Sasady et al. (U.S. Pub. No. 2017/0065250) discloses a first operation lever and a second operation lever disposed to face the operation part and bend the insertion part in different directions. Dhanotiya (U.S. Pub. No. 2023/0248224) discloses an operation lever with an inner surface and outer surface. Inoue (U.S. Pub. No. 2023/0404368) discloses an operation lever with an inner surface and outer surface. Inoue (U.S. Pub. No. 2023/0404379) discloses an operation lever with an inner surface and outer surface. Inoue et al. (U.S. Pub. No. 2023/0389780A1) discloses an operation lever with an inner surface and outer surface. Sato et al. (U.S. Pub. No. 2017/0086651) discloses an operation lever with an inner surface and outer surface. Morimoto et al. (U.S. Pub. No. 2016/0089124) discloses an ultrasound probe including an insertion part and an operation part and having a probe provided on a distal end side of the insertion part and at least one operation lever. Morimoto et al (U.S. Pub. No. 2016/0089003) discloses an ultrasound probe including an insertion part and an operation part and having a probe provided on a distal end side of the insertion part and at least one operation lever. Morimoto (U.S. Pub. No. 2016/0089004) discloses an ultrasound probe including an insertion part and an operation part and having a probe provided on a distal end side of the insertion part and at least one operation lever. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Johnathan Maynard whose telephone number is (571)272-7977. The examiner can normally be reached 10 AM - 6 PM. 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, Keith Raymond can be reached at 571-270-1790. 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. /Johnathan Maynard/Examiner, Art Unit 3798 Application/Control Number: 19/344,552 Page 2 Art Unit: 3798 Application/Control Number: 19/344,552 Page 3 Art Unit: 3798 Application/Control Number: 19/344,552 Page 4 Art Unit: 3798 Application/Control Number: 19/344,552 Page 5 Art Unit: 3798 Application/Control Number: 19/344,552 Page 6 Art Unit: 3798 Application/Control Number: 19/344,552 Page 7 Art Unit: 3798 Application/Control Number: 19/344,552 Page 8 Art Unit: 3798 Application/Control Number: 19/344,552 Page 9 Art Unit: 3798 Application/Control Number: 19/344,552 Page 10 Art Unit: 3798 Application/Control Number: 19/344,552 Page 11 Art Unit: 3798
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