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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/2/2025 has been entered.
Response to Amendment
Amendments to claims 1-3 of 12/2/2025 acknowledged and entered.
Response to Arguments
Applicant's arguments filed 12/2/2025 have been fully considered but they are not persuasive.
Regarding p. 6, para. 1, applicant posits that the coil pipes of Okaniwa, as exemplified in fig. 4, element 91, do not have a circular cross section. Examiner is not in accordance, as the cross sectional area of the pipe is shown to be circular in a tube shape. Further, Okaniwa describes the pipes as having a diameter on p. 11, para. 4, which is a measure of a circle.
Further, applicant asserts in the same para. the outer peripheral surface of the pipe is not fixed to an inner peripheral surface of a connection cylinder. However, examiner is once again inclined to disagree, as p. 9, para. 6 of Okaniwa recites that the coil pipes are fixed to the base 40 via welding or similar processes. The base 40 acts as a connection portion between active bending portion 11 and passive bending portion 13.
Further, in the same para., applicant asserts that a notch joint is not a “cutout” as recited in the claims, however examiner is not inclined to agree. The cutout of the independent claim 1 is ascribed the limitation “enhancing a rotational freedom degree of the predetermined articulated cylinder”, which a notch joint does accomplish.
Applicant’s arguments with respect to claim(s) 1 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. Particularly in regards to the fixation of the coil at a location of a cutout.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okaniwa (WO 2011136115 A1) in view of Dejima (US 20080051631 A1) and Kitagawa (US 20120170970 A1).
Regarding claim 1, Okaniwa teaches An endoscope comprising:
a first bending section (fig. 1, element 11, p. 6, para. 6, active bending portion) and a second bending section (p. 6, para. 6, passive bending portion on proximal end side of active bending portion) that are bendable and sequentially disposed from a distal tip, wherein the first bending section and the second bending section each include a plurality of articulated cylinders (fig. 4, element 11a/13a, p. 7, para. 6, bending pieces);
a connection cylinder (fig. 4, element 40, p. 10, para. 4, base 40) for connecting the first bending section and the second bending section;
a coil (fig. 4, element 91-94, p. 9, para. 6, coil pipes 94 to 94), having a circular cross section (fig. 4, element 91, circular cross sectional area shown) and wound about a wire (fig. 4, element 21-24, p. 9, para. 4-6, coils are arranged on the outer circumferences of the four bending wires 21 to 24) to be operated for bending the first bending section, the coil further having an outer peripheral surface fixed to an inner peripheral surface of the connection cylinder (p 9, para. 6, coil pipes are fixed to the base 40 by welding or the like), the coil extending in an axial direction of the connection cylinder.
Okaniwa does not explicitly teach a cutout formed at a position where the coil is fixed, the cutout extending in a circumferential direction of a predetermined articulated cylinder, the cutout enhancing a rotational freedom degree of the predetermined articulated cylinder, in the second bending section, to be connected with the connection cylinder and to rotate.
However, Dejima teaches a cutout (fig. 45, element 305,307, [0258], first and second joint rings 305 and 307 have axis parts 310 that join at cutouts formed in semicircular and rectangular shapes) formed at a position of the coil (fig. 54, element 131, [0264], coil tubes 313a0f are disposed at the axis parts 310) in a circumferential direction of a predetermined articulated cylinder, the cutout enhancing a rotational freedom degree of the predetermined articulated cylinder, in the second bending section, to be connected with the connection cylinder and to rotate ([0260]).
However, Kitagawa teaches fixing the coil in a position where a cutout is formed (fig. 11, element 37, [0061], engagement part 37 is fixed to the joint which includes tongue receiving parts 43, which is a cutout in the cylinder).
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 vertebral elements of Okaniwa to include cutout portions as taught in Dejima in order to allow for easier rotation of the vertebral elements in relation to each other ( Dejima[0260]).
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 vertebral elements of Okaniwa to include fix the wire at cutout portions as taught in Kitagawa in order to allow for easier pivoting of the operation wire (Kitagawa [0093]).
Regarding claim 2, Okaniwa in view of Dejima and Kitagawa teaches The endoscope according to claim 1,
Further, Dejima teaches the device wherein the cutout includes a first cutout formed at a position corresponding to the coil at an edge on a connection cylinder side of the predetermined articulated cylinder (fig. 54, element 131, [0264], coil tubes 313a0f are disposed at the axis parts 310).
Regarding claim 3, Okaniwa in view of Dejima and Kitagawa teaches The endoscope according to claim 1,
Further, Dejima teaches the cutout includes a second cutout formed at a position corresponding to the coil at an edge on a predetermined articulated cylinder side of the connection cylinder (fig. 54, element 131, [0264], coil tubes 313a0f are disposed at the axis parts 310).
Regarding claim 4, Okaniwa in view of Dejima and Kitagawa teaches The endoscope according to claim 2,
Further, Dejima teaches the device wherein the cutout includes a second cutout formed at a position corresponding to the coil at an edge on a predetermined articulated cylinder side of the connection cylinder (fig. 54, element 131, [0264], coil tubes 313a0f are disposed at the axis parts 310).
Regarding claim 5, Okaniwa in view of Dejima and Kitagawa teaches The endoscope according to claim 2,
Further, Dejima teaches the device wherein the first cutout has a semicircular shape with a diameter larger than a diameter of the coil (fig. 45, element 305,307, [0258], first and second joint rings 305 and 307 have axis parts 310 that join at cutouts formed in semicircular and rectangular shapes).
Regarding claim 6, Okaniwa in view of Dejima and Kitagawa teaches The endoscope according to claim 3,
Further, Dejima teaches the device wherein the second cutout has a chamfered rectangular shape with a dimension in a circumferential direction of the connection cylinder that is longer than a diameter of the coil member (fig. 45, element 305,307, [0258], first and second joint rings 305 and 307 have axis parts 310 that join at cutouts formed in semicircular and rectangular shapes).
Regarding claim 7, Okinawa in view of Dejima and Kitagawa teaches The endoscope according to claim 1,
Further, Dejima teaches the device wherein the cutout surrounds the coil (fig. 54, element 310, 313, coils 313a-f are disposed within the cutout sections and contained within them).
Regarding claim 8, Okinawa in view of Dejima and Kitagawa teaches The endoscope according to claim 1,
Further, Dejima teaches the device wherein a plane orthogonal to the circumferential direction intersects a center of the cutout and the wire (fig. 54, element 310, 313, an orthogonal plane to the circumferential direction extending in the longitudinal-lateral axes could be drawn to intersect the center of the cutout at axis part 310 and wire 313).
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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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795