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 .
Status of Claims
Claims 1-27 are pending, claims 19-27 have been added, and claims 1-27 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objections and 35 USC 112 Rejections have been withdrawn in light of Applicant’s amendments.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/06/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 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 Objections
Claim 9 is objected to because of the following informalities: “predetermined angle” to “the predetermined angle”. 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 3-5, 8-10, and 13-15 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 3, 8, and 13, the limitation “a predetermined angle” is unclear with respect to “a predetermined bending angle” recited in claims 2, 7, and 12. It is unclear if it is referring to the same feature or a separate feature. Claims 4-5, 9-10 and 14-15 are rejected due to their dependency on claims 3, 8, and 13.
Regarding claims 5, 10, and 15, the limitation “the tension control” and “the traction amount” is unclear. It is unclear which features these limitations are referencing (i.e., first or second wires in independent claims).
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.
Claim(s) 1-3, 5-8, 11-13, and 16-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0117247), in view of Roelle (US 2011/0319815).
Regarding claim 1, Kim discloses a system comprising: an insertion portion (see length of 100, figure 41) comprising a joint (110, figure 41), a first wire (403a, figure 41) fixed to the joint (distal ends of 403a-b are connected to the steerable member 100 [0162], see figure 41), and a second wire (403b, figure 41) fixed on the opposite side of a longitudinal central axis of the joint with respect to the first wire (see location of 403a-b, figures 41-42); an actuator (drive member 160, figure 40) bends the joint by driving the first wire and second wire (see 161-162, figures 40-42); and a processor (180, figure 40; processing…[0167] | also processor P -> surgical apparatus 1, figure 45) that controls the actuator, wherein the processor is configured to: determine a bending angle of the joint (pre-bending and the desired bending motion [0164]); automatically switch to a drive mode between a first drive mode and a second drive mode based on the determined bending angle (control member 180…driven to adjust…[0165] | broadly interpreted the adjustment to the wires to be automatic, see arrows in figure 40), wherein: the first drive mode comprises controlling a first position that controls traction amount or delivery amount of the first wire based on a target position for bending the joint (second motor 162…until predetermined length…[0167]; see figure 42) and controlling a second tension that controls traction amount or delivery amount so that tension of the second wire matches a specified set value (tension force…measured and monitored…first motor 161 will be motionless…maintained under a predetermined tension again [0167]; figure 42), simultaneously; and the second drive mode (when 110 is bent in the opposite direction that what is shown in figure 42) comprises controlling a first tension that controls traction amount or delivery amount so that tension of the first wire matches a specified set value ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped) and controlling a second position that controls traction amount or delivery amount of the second wire based on a target position for bending the joint ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped), simultaneously; and execute the first drive mode or second drive mode that was switched to, when an operation input is acquired (see 901 -> 902 -> P -> 1, figure 45 | see 1, figure 40). Kim is silent regarding an endoscope system comprising: an endoscope comprising the insertion portion; the actuator that is connected to the endoscope; and continuously determine the bending angle of the joint and continuously switch between the first drive mode and second drive mode based on the determined bending angle until the target position and the set value of the tension is reached.
Roelle teaches a robotically driven catheter (6, figure 2b) with control elements (10, figure 2b) and proximal axles (9, figure 2b). The catheter has a shape sensing fiber ([0138]), where the shape information is fed back into the catheter control algorithms in order to achieve improved catheter control ([0215]). Shape sensing data is fed to an estimation of the catheter parameter along with a virtual catheter configuration as well as virtual and actual tendon displacement ([0254]). The instruments measured shape data in combination with commanded shape, commanded tendon displacements, measured tendon displacements, and other available sensor data (i.e., measured tendon tensions) to estimate improved parameters for the instrument model and modify an instruments’ configuration control algorithms ([0254]). An integrated feedback and feedforward controller (figure 57E) is used to modify the individual tendon tension commands or the final tendon displacement commands ([0241]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Kim with the endoscope system (figure 2b) and controller with a control relationship (figures 57 and 59) as taught by Roelle. Doing so would provide improved parameters for the instrument model ([0254]) and modify individual tendon tension commands or final tendon displacement commands ([0241]). The modified system would have an endoscope system (figure 2b; Roelle) comprising: an endoscope (see figure 2b) comprising the insertion portion (see figure 2b); the actuator that is connected to the endoscope (see figure 2b); and continuously determine the bending angle of the joint (instruments measured shape data…[0254]) and continuously switch between the first drive mode and second drive mode (update the catheter mechanics…[0254]; see tendon displacement, figure 59b | modify…individual tendon tension commands or final tendon displacement commands [0241]) based on the determined bending angle ([0254]; see figures 57 and 59) until the target position and the set value of the tension is reached (individual tendon tension commands…final tendon displacement commands [0241]).
Regarding claim 2, Kim and Roelle further disclose controlling the actuator to bend the joint so as to reduce the bending angle and the bending angle is larger than a predetermined bending angle (interpreted as the bending angle is to be reduced), the processor switches the drive mode to the second drive mode (release the second bending actuation wire…until the predetermined length…[0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 3, Kim and Roelle further disclose bending the joint so as to reduce the bending angle and the joint has a second shape in which the bending angle is smaller than a predetermined angle (sensing change in tension force…between the pre-bending and the desired bending motion [0164]; Kim), the processor switches the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 5, Kim further discloses the processor sets a target tension in the tension control lower than the traction amount generated during the position control (see 112b rejection above | tension force…measured…motionless…maintained under a predetermined tension [0167]; Kim | the predetermined tension is interpreted to be lower than the traction amount because the motor stops for the wire until the predetermined tension is reached/maintained).
Regarding claim 6, Kim discloses a processor (180, figure 40; processing…[0167] | also Processor P -> surgical apparatus 1, figure 45) that controls an actuator (drive member 160, figure 40) of a system, the system having an insertion portion (see length of 100, figure 41) with a joint (110, figure 41), and first and second wires (403a-b, figure 41) fixed to both sides of the joint with a central axis in a longitudinal direction of the joint interposed therebetween (see location of 403a-b, figures 41-42), and the actuator bends the joint by driving the first and second wires (see 161-162, figures 40-42), wherein the processor is configured to: determine a bending angle of the joint (pre-bending and the desired bending motion [0164]); automatically switch to a drive mode between a first drive mode and second drive mode based on the determined bending angle (control member 180…driven to adjust…[0165] | broadly interpreted the adjustment to the wires to be automatic, see arrows in figure 40), wherein: the first drive mode comprises controlling a first position that controls traction amount or delivery amount of the first wire based on a target position for bending the joint (second motor 162…until predetermined length…[0167]; see figure 42) and controlling a second tension that controls traction amount or delivery amount so that tension of the second wire matches a specified set value (tension force…measured and monitored…first motor 161 will be motionless…maintained under a predetermined tension again [0167]; figure 42), simultaneously; and the second drive mode (when 110 is bent in the opposite direction than what is shown in figure 42) comprises controlling a first tension that controls traction amount or delivery amount so that tension of the first wire matches a specified set value ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped) and controlling a second position that controls traction amount or delivery amount of the second wire based on a target position for bending the joint ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped), simultaneously; and execute the first drive mode or second drive mode that was switched to, when an operation input is acquired (see 901 -> 902 -> P -> 1, figure 45 | see 1, figure 40). Kim is silent regarding the actuator of an endoscope system, the endoscope system including an endoscope; and continuously determine the bending angle of the joint and continuously switch between the first drive mode and second drive mode based on the determined bending angle until the target position and the set value of the tension is reached.
Roelle teaches a robotically driven catheter (6, figure 2b) with control elements (10, figure 2b) and proximal axles (9, figure 2b). The catheter has a shape sensing fiber ([0138]), where the shape information is fed back into the catheter control algorithms in order to achieve improved catheter control ([0215]). Shape sensing data is fed to an estimation of the catheter parameter along with a virtual catheter configuration as well as virtual and actual tendon displacement ([0254]). The instruments measured shape data in combination with commanded shape, commanded tendon displacements, measured tendon displacements, and other available sensor data (i.e., measured tendon tensions) to estimate improved parameters for the instrument model and modify an instruments’ configuration control algorithms ([0254]). An integrated feedback and feedforward controller (figure 57E) is used to modify the individual tendon tension commands or the final tendon displacement commands ([0241]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify Kim with the endoscope system (figure 2b) and controller with a control relationship (figures 57 and 59) as taught by Roelle. Doing so would provide improved parameters for the instrument model ([0254]) and modify individual tendon tension commands or final tendon displacement commands ([0241]). The modified processor would have the actuator of an endoscope system (see figure 2b; Roelle), the endoscope system including an endoscope (see figure 2b); and continuously determine the bending angle of the joint (instruments measured shape data…[0254]) and continuously switch between the first drive mode and second drive mode (update the catheter mechanics…[0254]; see tendon displacement, figure 59b | modify…individual tendon tension commands or final tendon displacement commands [0241]) based on the determined bending angle ([0254]; see figures 57 and 59) until the target position and the set value of the tension is reached (individual tendon tension commands…final tendon displacement commands [0241]).
Regarding claim 7, Kim and Roelle further disclose bending the joint so as to reduce the bending angle and the bending angle is larger than a predetermined bending angle (interpreted as the bending angle is to be reduced), the processor switches the drive mode to the second drive mode (release the second bending actuation wire…until the predetermined length…[0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 8, Kim and Roelle further disclose bending the joint so as to reduce the bending angle and the joint has a second shape in which the bending angle is smaller than a predetermined angle (sensing change in tension force…between the pre-bending and the desired bending motion [0164]; Kim), the processor switches the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 11, Kim discloses a control method of controlling an system (figure 40), the system including an insertion portion (see length of 100, figure 41) with a joint (110, figure 41), and a first wire (403a, figure 41) and a second wire (403b, figure 41) fixed to both sides of the joint with a central axis in a longitudinal direction of the joint interposed therebetween (see location of 403a-b, figures 41-42), and an actuator (drive member 160, figure 40) bends the joint by driving the first and second wires (see 161-162, figures 40-42), the control method comprising: determining a bending angle of the joint (pre-bending and the desired bending motion [0164]); automatically switching to a drive mode between a first drive mode and a second drive mode based on the determined bending angle (control member 180…driven to adjust…[0165] | broadly interpreted the adjustment to the wires to be automatic, see arrows in figure 40), wherein: the first drive mode comprises controlling a first position that controls traction amount or delivery amount of the first wire based on a target position for bending the joint (second motor 162…until predetermined length…[0167]; see figure 42) and controlling a second tension that controls traction amount or delivery amount so that tension of the second wire matches a specified set value (tension force…measured and monitored…first motor 161 will be motionless…maintained under a predetermined tension again [0167]; figure 42), simultaneously; and the second drive mode (when 110 is bent in the opposite direction that what is shown in figure 42) comprises controlling a first tension that controls traction amount or delivery amount so that tension of the first wire matches a specified set value ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped) and controlling a second position that controls traction amount or delivery amount of the second wire based on a target position for bending the joint ([0167] | when bent in the opposite direction than what is shown in figure 42, the control of the wires would be swapped), simultaneously; and execute the first drive mode or second drive mode that was switched to, when an operation input is acquired (see 901 -> 902 -> P -> 1, figure 45 | see 1, figure 40). Kim is silent regarding an endoscope system; the endoscope system including an endoscope having the insertion portion, the actuator which is connected to the endoscope; and continuously determine the bending angle of the joint and continuously switch between the first drive mode and second drive mode based on the determined bending angle until the target position and the set value of the tension is reached.
Roelle teaches a robotically driven catheter (6, figure 2b) with control elements (10, figure 2b) and proximal axles (9, figure 2b). The catheter has a shape sensing fiber ([0138]), where the shape information is fed back into the catheter control algorithms in order to achieve improved catheter control ([0215]). Shape sensing data is fed to an estimation of the catheter parameter along with a virtual catheter configuration as well as virtual and actual tendon displacement ([0254]). The instruments measured shape data in combination with commanded shape, commanded tendon displacements, measured tendon displacements, and other available sensor data (i.e., measured tendon tensions) to estimate improved parameters for the instrument model and modify an instruments’ configuration control algorithms ([0254]). An integrated feedback and feedforward controller (figure 57E) is used to modify the individual tendon tension commands or the final tendon displacement commands ([0241]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Kim to be used with the endoscope system (figure 2b) and controller with a control relationship (figures 57 and 59) as taught by Roelle. Doing so would provide improved parameters for the instrument model ([0254]) and modify individual tendon tension commands or final tendon displacement commands ([0241]). The modified method would comprise an endoscope system (figure 2b; Roelle); the endoscope system including an endoscope (see figure 2b; Roelle) having the insertion portion (see figure 2b), the actuator which is connected to the endoscope (see figure 2b); and continuously determine the bending angle of the joint (instruments measured shape data…[0254]) and continuously switch between the first drive mode and second drive mode (update the catheter mechanics…[0254]; see tendon displacement, figure 59b | modify…individual tendon tension commands or final tendon displacement commands [0241]) based on the determined bending angle ([0254]; see figures 57 and 59) until the target position and the set value of the tension is reached (individual tendon tension commands…final tendon displacement commands [0241]).
Regarding claim 12, Kim and Roelle further disclose bending the joint so as to reduce the bending angle and the bending angle is larger than a predetermined bending angle (interpreted as the bending angle is to be reduced), switching the drive mode to the second drive mode (release the second bending actuation wire…until the predetermined length…[0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 13, Kim and Roelle further disclose bending the joint so as to reduce the bending angle and the joint has a second shape in which the bending angle is smaller than a predetermined angle (sensing change in tension force…between the pre-bending and the desired bending motion [0164]; Kim), switching the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 16, Kim and Roelle further disclose bending the joint so as to increase the bending angle, the processor switches the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 17, Kim and Roelle further disclose bending the joint so as to increase the bending angle, the processor switches the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 18, Kim and Roelle further discloses bending the joint so as to increase the bending angle, switching the drive mode to the first drive mode ([0167]; Kim | individual tendon tension commands…final tendon displacement commands [0241]; Roelle).
Regarding claim 19, Roelle further teaches the bending angle of the joint is determined based on the operation input (commanded shape…control relationship [0254]; Roelle).
Regarding claim 20, Roelle further teaches the bending angle of the joint is determined based on an operation history of the first and second wire (commanded tendon displacement…control relationship [0254]; Roelle).
Regarding claim 21, Roelle further teaches the bending angle of the joint is determined based on a tension of the first and second wire (measured tendon tensions…control relationship [0254]; Roelle).
Regarding claim 22, Roelle further teaches the bending angle of the joint is determined based on the operation input (commanded shape…control relationship [0254]; Roelle).
Regarding claim 23, Roelle further teaches the bending angle of the joint is determined based on an operation history of the first and second wire (commanded tendon displacement…control relationship [0254]; Roelle).
Regarding claim 24, Roelle further teaches the bending angle of the joint is determined based on a tension of the first and second wire (measured tendon tensions…control relationship [0254]; Roelle).
Regarding claim 25, Roelle further teaches the bending angle of the joint is determined based on an operation input of the first and second wire (commanded tendon displacement…control relationship [0254]; Roelle).
Regarding claim 26, Roelle further teaches the bending angle of the joint is determined based on an operation history of the first and second wire (commanded tendon displacement…control relationship [0254]; Roelle).
Regarding claim 27, Roelle further teaches the bending angle of the joint is determined based on a tension of the first and second wire (measured tendon tensions…control relationship [0254]; Roelle).
Claim(s) 4, 9-10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0117247) and Roelle (US 2011/0319815) as applied to claims 3, 8, and 13 above, and further in view of Umemoto (US 2013/0144275).
Regarding claim 4, 9, and 14, Kim and Roelle disclose all of the features in the current invention as shown above in claims 3, 8, and 13. They are silent regarding the predetermined angle is an angle at which a restoring force for returning the joint to a linear state balances with a frictional force for maintaining a shape of the joint against the restoring force.
Umemoto teaches a medical treatment instrument apparatus (1, figure 1a) with a pair of angle wires (11a and b, figure 1a), a motor (9, figure 1a), and an encoder (14, figure 1a). A control apparatus (4, figure 1a) has a motor control portion (21, figure 1a) that performs control to drive the motor, a motor rotation angle calculation portion (22, figure 1a) that calculates a motor rotation angle based on a detection signal that is outputted from the encoder ([0057]), a pulley rotation angle calculation portion (23, figure 1a), a comparison portion (26a, figure 1a) that compares a change amount of the motor rotation angle and a change amount of the pulley rotation angle ([0059]), an identification portion (26, figure 1a) that identifies a boundary between a range in which it is possible for a restoring force of the bending portion (10, figure 1a) to contribute to bending of the bending portion and a range in which it is not possible for the restoring force to contribute to the bending of the bending portion due to the occurrence of slackness in the wires ([0059]). The motor control portion can recognize a specific bending state position as a specific bending state that the bending portion has reached the boundary under the restoring force, and can change the control method of the motor or the like ([0068]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system/processor/control method with the identification portion (26, figure 1a) and motor control portion (21, figure 2a) to recognize a specific bending state position where the bending portion/insertion portion reached the boundary under the restoring force as taught by Umemoto ([0068]). Doing so would change the control method of the drive device to accommodate for the restoring force boundary ([0068]). The modified system/processor/control method would switch the drive mode when the predetermined angle is an angle at which a restoring force for returning the joint to a linear state balances with a frictional force for maintaining a shape of the joint against the restoring force ([0059] and [0068]; Umemoto).
Regarding claim 10, Kim further discloses the processor sets a target tension in the tension control lower than the traction amount generated during the position control (see 112b rejection above | tension force…measured…motionless…maintained under a predetermined tension [0167]; Kim | the predetermined tension is interpreted to be lower than the traction amount because the motor stops for the wire until the predetermined tension is reached/maintained).
Regarding claim 15, Kim further discloses setting a target tension in the tension control lower than the traction amount generated during the position control (see 112b rejection above | tension force…measured…motionless…maintained under a predetermined tension [0167]; Kim | the predetermined tension is interpreted to be lower than the traction amount because the motor stops for the wire until the predetermined tension is reached/maintained).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
March 5, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795