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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: (First or Second) Deflection Mechanism in claims 1, 3, 11. The broadest reasonable interpretation of a deflection mechanism, based on the description in the disclosure, is a rotatable member and/or articulation wire(s) that directly causes articulation of the distal tip.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: homing feature and speed control feature in claim 10. The broadest reasonable interpretation of a homing feature, based on the description in the disclosure, is a device or interface that upon receiving an input, will straightens the distal tip. The broadest reasonable interpretation of a speed control feature, based on the description in the disclosure, is a device or interface that upon receiving an input, will adjust the speed of the distal tip articulation.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-5, 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikeda et al. (US 20090082621 A1, hereinafter Ikeda).
Regarding Claim 1, Ikeda discloses
A steerable medical device (electric bending endoscope apparatus 1, FIG. 1), comprising:
a handle (elongated insertion portion 13, FIG. 1-2) and an elongate shaft (bending portion 13b, FIG. 1) extending distally from the handle to a distal tip (distal end rigid portion 13a, depicted in FIG. 1-2);
a motor control assembly (bending drive unit 12, FIG. 1-2) disposed within a motor control housing (endoscope holding device 40, FIG. 2-3, par. 23 disclose bending drive unit inside of endoscope holding device) configured to detachably interface with the handle (par. 24 discloses attachment and detachment of insertion portion and bending drive unit at an attaching and detaching region A, depicted in FIG. 1);
wherein the motor control assembly includes a first motor (electric motor 27a, FIG. 3) disposed within the motor control housing (depicted in FIG. 3), a first gear assembly (Drive gear 27aa + reduction gear 29a, FIG. 3) disposed within the motor control housing (depicted in FIG. 3), and a user input mechanism (operation portion 19 + system controller 17, FIG. 2) extending from the motor control housing (FIG. 2, par. 23 discloses operation portion connected to bending drive unit via system controller); and
a first drive axle (rotary shaft 25c + UD clutch 25a, FIG. 3) configured to engage the first gear assembly with a first deflection mechanism (UD drum 35a, FIG. 3) disposed within the handle (FIG. 3, par. 52 disclose drums inside of casing of insertion portion, the first deflection mechanism being configured to deflect the distal tip in a first plane (par. 48 discloses UD components contribute to bending in the vertical direction).
Regarding Claim 2, Ikeda discloses
The steerable medical device of claim 1, wherein the motor control assembly further includes a second motor (electric motor 27b, FIG. 3) disposed within the motor control housing (depicted in FIG. 3) and a second gear assembly (Drive gear 27bb + reduction gear 29b, FIG. 3) disposed within the motor control housing (depicted in FIG. 3).
Regarding Claim 3, Ikeda discloses
The steerable medical device of claim 2, further including a second drive axle (rotary shaft 25c + RL clutch 25b, depicted in FIG. 3) configured to engage the second gear assembly with a second deflection mechanism (UD drum 35b, FIG. 3) disposed within the handle (FIG. 3, par. 52 disclose drums inside of casing of insertion portion), the second deflection mechanism being configured to deflect the distal tip in a second plane different from the first plane (par. 48 discloses RL components contribute to bending in the lateral/ horizontal direction).
Regarding Claim 4, Ikeda discloses
The steerable medical device of claim 3, wherein the first drive axle is coaxial with the second drive axle (depicted in FIG. 3).
Regarding Claim 5, Ikeda discloses
The steerable medical device of claim 3, wherein the first drive axle is parallel with the second drive axle (depicted in FIG. 3).
Regarding Claim 7, Ikeda discloses
The steerable medical device of claim 1, wherein the user input mechanism includes a joystick control (operation stick 19a, FIG. 1) configured to operate the first motor (par. 26 discloses operation portion sends bending operation instruction to system controller, par. 36 discloses motor control part receives signals from the system controller, par. 31 discloses motor control part performs control of motor for bending operation, i.e. via instructions from operation portion).
Regarding Claim 8, Ikeda discloses
The steerable medical device of claim 2, wherein the user input mechanism includes a joystick control (operation stick 19a, FIG. 1) configured to operate the first motor and the second motor (par. 26 discloses operation portion sends bending operation instruction to system controller, par. 36 discloses motor control part receives signals from the system controller, par. 31 discloses motor control part performs control of motor for bending operation, i.e. via instructions from operation portion).
Regarding Claim 9, Ikeda discloses
The steerable medical device of claim 8, wherein the joystick control is configured to operate the first motor and the second motor simultaneously ((par. 26 discloses operation portion sends bending operation instruction to system controller, par. 36 discloses motor control part receives signals from the system controller, par. 31 discloses motor control part performs control of electric motor, which encompasses both motors, for bending operation, i.e. via instructions from operation portion, par. 53 discloses simultaneous transmittal of drive force from both motors).
Regarding Claim 10, Ikeda discloses
The steerable medical device of claim 1, further comprising a homing feature (parallel link 40Ca, FIG. 7) configured to return the distal tip to a home position when activated (par. 70 discloses parallel link is configured to move the endoscope and bending drive unit in a predetermined direction, i.e. capable of returning the distal tip to a home position) and/or a speed control feature (encoder 28, FIG. 1) configured to control speed and/or responsiveness of movement of the distal tip (par. 49 discloses encoder converts operation states such as the respective rotation speeds and rotation amounts of the motors into output data, i.e. capable of resulting in speed control).
Regarding Claim 11, Ikeda discloses
A steerable medical device (electric bending endoscope apparatus 1, FIG. 1), comprising:
a handle (elongated insertion portion 13, FIG. 1-2) and an elongate shaft (bending portion 13b, FIG. 1) extending distally from the handle to a distal tip (distal end rigid portion 13a, depicted in FIG. 1-2);
a motor control assembly (bending drive unit 12, FIG. 1-2) including a motor control housing (endoscope holding device 40, FIG. 2-3) configured to detachably interface with the handle (par. 24 discloses attachment and detachment of insertion portion and bending drive unit at an attaching and detaching region A, depicted in FIG. 1);
wherein the motor control assembly includes:
a user input mechanism (operation portion 19 + system controller 17, FIG. 2) extending from the motor control housing (FIG. 2, par. 23 discloses operation portion connected to bending drive unit via system controller);
a first motor (electric motor 27a, FIG. 3) disposed within the motor control housing (depicted in FIG. 3);
a first gear assembly (Drive gear 27aa + reduction gear 29a, FIG. 3) disposed within the motor control housing (depicted in FIG. 3);
a second motor (electric motor 27b, FIG. 3) disposed within the motor control housing (depicted in FIG. 3); and
a second gear assembly (Drive gear 27bb + reduction gear 29b, FIG. 3) disposed within the motor control housing (depicted in FIG. 3); and
a first drive axle (rotary shaft 25c + UD clutch 25a, FIG. 3) coaxially disposed within a lumen of a second drive axle (rotary shaft 25c + RL clutch 25b, depicted in FIG. 3);
wherein the first drive axle is configured to engage the first gear assembly with a first deflection mechanism (UD drum 35a, FIG. 3) disposed within the handle (FIG. 3, par. 52 disclose drums inside of casing of insertion portion), the first deflection mechanism being configured to deflect the distal tip in a first plane (par. 48 discloses UD components contribute to bending in the vertical direction); and
wherein the second drive axle is configured to engage the second gear assembly with a second deflection mechanism (UD drum 35b, FIG. 3) disposed within the handle (FIG. 3, par. 52 disclose drums inside of casing of insertion portion), the second deflection mechanism being configured to deflect the distal tip in a second plane different from the first plane (par. 48 discloses RL components contribute to bending in the lateral/ horizontal direction).
Regarding Claim 12, Ikeda discloses
The steerable medical device of claim 11, wherein the first drive axle is fixedly secured to the first deflection mechanism (par. 52 discloses drums fixed to rotary shaft).
Regarding Claim 13, Ikeda discloses
The steerable medical device of claim 12, wherein the first drive axle is configured to slidably engage the first gear assembly (par. 24 discloses attachment and detachment carried out via clutch, i.e. clutch is movable/ slidable, par. 31 discloses clutch is an engaging means which engages the reduction gear and is attachable/ detachable, i.e. capable of slidable engagement).
Regarding Claim 14, Ikeda discloses
The steerable medical device of claim 11, wherein the second drive axle is fixedly secured to the second deflection mechanism (par. 52 discloses drums fixed to rotary shaft).
Regarding Claim 15, Ikeda discloses
The steerable medical device of claim 14, wherein the second drive axle is configured to slidably engage the second gear assembly (par. 24 discloses attachment and detachment carried out via clutch, i.e. clutch is movable/ slidable, par. 31 discloses clutch is an engaging means which engages the reduction gear and is attachable/ detachable, i.e. capable of slidable engagement).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 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, 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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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights