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 Amendment
The Amendment filed December 10th, 2025 has been entered. Claims 1, 5, 7-6, 16 and 21 have been amended. Claims 3-4 and 17-20 have been cancelled and Claim 24 is newly added. Claims 1-2, 5-16, 21-24 are now pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17, 21-23 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
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: “a motorized drive mechanism operable to drive articulation of the distal sheath portion” in claim 8, “the motorized drive mechanism is further operable to actuate the scope shaft relative to the proximal and distal sheaths.” in claim 9, and “a motorized drive mechanism operable to drive articulation of the sheath articulation section and the scope articulation section and drive actuation of the scope shaft relative to the proximal and distal sheaths.” in claim 15. The stated claim limitation meets the three-prong analysis:
(A) The term “motorized drive mechanism” is a substitute for “means” and is a
generic placeholder since it does not have any specific structural meaning
(B) The term “motorized drive mechanism” is modified by the functional
language “operable to”
(C) The term “motorized drive mechanism” is not modified by sufficient
structure for performing the claimed function within the claims.
The corresponding structure in the disclosure for performing the claimed function of driving articulation of the distal sheath portion/ sheath articulation section and the scope articulation section and/or drive actuation of the scope shaft is a drive mechanism (148) operable to drive insertion (i.e., longitudinal advancement and retraction) and articulation of scope shaft (160) relative to outer sheath (154, par. 86). Therefore, the interpretation of “a motorized drive mechanism” is a mechanism having one or more motors that drives insertion and articulation of scope shaft.
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 § 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.
Claim(s) 1-2, 5-7, 11-12, 14-16, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magno et al. (US 20230371793 A1, hereinafter Magno) in view of Yoshinaga et al. (US 20220202283 A1, hereinafter Yoshinaga).
Regarding Claim 1, Magno discloses
A system (endoscope 100, FIG. 1), comprising:
a proximal sheath (control head 140 + body 142, FIG. 1) having a flexible elongate portion (articulation wire 152 + articulation wire coupling 166, FIGS. 4A-5C),
the flexible elongate portion including a distal end with a first connection member
(first portion 164 + articulation wire coupling 166, FIG. 1) at the distal end of the flexible elongate portion (depicted in FIGS. 4A-5C),
wherein the proximal sheath is configured to be positioned extracorporeally relative
to a patient (FIG. 1, par. 34 disclose control head controls endoscope as insertion tube is inserted into patient, i.e. extracorporeally controls insertion tube),
at least a portion of the flexible elongate portion extending proximally relative to the first
connection member (depicted in FIG. 5A),
such that the first connection member is positioned distally relative to the flexible
elongate portion (depicted in FIGS. 4A-5C);
a distal sheath (insertion tube 198, FIG. 1) having a proximal end with a second connection member (second portion 178 + articulation wire coupling 180, FIGS. 4A-5C) configured to releasably connect with the first connection member (depicted in FIGS. 1-5C),
wherein a distal sheath portion (distal tip 202, FIG. 1) of the distal sheath is configured to be passed through a body wall and into a body cavity of the patient (par. 45 discloses distal tip inserted into a patient),
wherein the distal sheath portion of the distal sheath is configured to articulate relative to a proximal sheath portion (first end 200, FIG. 1) of the distal sheath (par. 51 discloses articulation wires extend between first end to the distal tip, par. 66 discloses articulation of entire insertion tube via control head);
and;
an articulation driver (articulation wire 152 + articulation wire 214, FIG. 5C) coupled
with the distal sheath portion of the distal sheath and operable to drive articulation of the distal sheath portion (par. 51 discloses articulation wire extends from first end to distal tip and manipulates the insertion tube)
the flexible elongate portion being configured to flexibly deform relative to the first connection member while the first connection member is connected with the second connection member (par. 81 discloses connection between articulation wire couplings can transfer forces imposed on the articulation wire to articulate the insertion tube).
However, Magno does not disclose a scope shaft that is slidable through the proximal and distal sheaths to access the body cavity, wherein the scope shaft includes a distal tip section having a lens configured to visualize the body cavity.
Yoshinaga teaches an analogous system (endoscope apparatus 1, FIG. 1) having a proximal sheath (operation portion 12, FIG. 1) and a distal sheath (elongated insertion portion 11, FIG. 1). The proximal sheath (12) including treatment instrument insertion portion (16, FIG. 1) which a baby endoscope (20, i.e. scope shaft, FIG. 1) is insertable through and can slide through the proximal sheath (12) and the distal sheath (11). Moreover, the scope shaft (20) includes a distal tip section (distal end portion 23, FIG. 1) which includes an image pickup unit (i.e. lens) [FIG. 1, 0059].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope of Magno with the baby endoscope of Yoshinaga in order to provide even more detailed observation of a patient/ subject by providing additional imaging and an imaging device capable of bending independently in any direction to show alternate views/ images from the primary imaging device [Yoshinaga – 0003, 0062].
Additionally, the proximal sheath (140+142) of Magno includes an aperture (148, FIG. 1) analogous to the treatment instrument insertion portion (16) of Yoshinaga. Moreover, the aperture (148) of Magno allows tools to be inserted into a working channel which extends through the proximal sheath (142) and the distal sheath (198) [Magno – 0035, 0055].
Regarding Claim 2, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Magno further discloses
The system of claim 1, wherein the distal sheath is flexible (depicted in FIG. 1).
Regarding Claim 5, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Magno further discloses
wherein the articulation driver includes a proximal driver portion (articulation wire 152, FIG. 5C) slidably disposed within the proximal sheath and a distal driver portion (articulation wire 214, FIG. 5C) slidably disposed within the distal sheath (par. 38 discloses proximal articulation wire can extend through proximal sheath, par. 51 discloses distal articulation wire can extend through distal sheath),
wherein the proximal and distal driver portions are configured to releasably connect upon connection of the first and second connection members (par. 65-66 disclose articulation wires connected to each other via respective couplings which allow the wires to be removably attached to one another).
Regarding Claim 6, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 5, and Magno further discloses
wherein the proximal and distal driver portions are configured to releasably connect in response to relative rotation between the first and second connection members (par. 81 discloses connection between articulation wire couplings is contingent upon the transfer of forces between the proximal and distal sheaths, i.e. manipulation of control knob which causes rotation, the couplings connect in regard to this force).
Regarding Claim 7, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Magno further discloses
wherein the distal sheath portion is configured to articulate in first and second planes that intersect one another (par. 37 discloses motion of insertion tube in multiple planes, specifically first and second planes, wherein the second plane can be perpendicular or orthogonal to the first, i.e. intersecting),
wherein the articulation driver comprises a first articulation driver (first control knob 150, FIG. 1) configured to drive articulation of the distal sheath portion in the first plane (par. 37 discloses control head can include multiple control knobs each controlling motion of the insertion tube on different planes),
further comprising a second articulation driver (second control knob 150, FIG. 1) configured to drive articulation of the distal sheath portion in the second plane (par. 37 discloses control head can include multiple control knobs each controlling motion of the insertion tube on different planes).
Regarding Claim 11, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Magno further discloses
wherein the proximal sheath (140+142) are separable from the distal sheath (198) while the distal sheath remains positioned within the body wall (par. 23 discloses the control head can be decoupled for sanitation purposes during procedures, i.e. while insertion portion is in body).
However, Magno does not disclose the scope shaft.
Yoshinaga further teaches the scope shaft (21) are separable from the distal sheath (11) while the distal sheath remains positioned within the body wall (par. 171-173 disclose insertion portion of baby endoscope can be removed from mother endoscope and replaced with a treatment instrument, i.e. during operation).
Regarding Claim 12, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 11, and Magno further discloses
wherein the distal sheath includes an inner seal (polymer coat 210, FIG. 2A) configured to maintain insufflation of the body cavity when the proximal sheath and the scope shaft are separated from the distal sheath (par. 49 discloses polymer coat fluidically seals insertion tube such that any liquid within insertion tube remains and any liquid outside remain outside).
Regarding Claim 14, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Yoshinaga further teaches
The system of claim 1, wherein the scope shaft includes a deflectable distal shaft portion (insertion portion 21, FIG. 1).
Regarding Claim 16, Magno discloses
A system (endoscope 100, FIG. 1), comprising:
(a) a surgical scope (endoscope 100, FIG. 1), including:
(i) a scope base (control head 140, FIG. 1) configured to be positioned extracorporeally relative to a patient (FIG. 1, par. 34 disclose control head controls endoscope as insertion tube is inserted into patient, i.e. extracorporeally controls insertion tube),
(ii) an elongate, tubular scope sheath (body 142, FIG. 1) extending distally from the scope base (depicted in FIG. 1),
(iii) and
(iv) a first connection member (first portion 164, FIG. 1) disposed at a distal end (second end 146, FIG. 1) of the scope sheath (depicted in FIG. 1);
(b) a cannula (insertion tube 198, FIG. 1) configured relative to the patient (par. 34 disclose control head controls endoscope as insertion tube is inserted into patient), including:
(i) an elongate, tubular cannula sheath (shell 204, FIG. 1),
wherein the cannula sheath includes a distal sheath portion (distal tip 202, FIG. 1) configured to be passed through a body wall and into a body cavity of the patient (par. 45 discloses distal tip inserted into patient), and
(ii) a second connection member (second portion 178, FIG. 1) disposed at a proximal end (first end 200, FIG. 1) of the cannula sheath and configured to releasably couple with the first connection member (depicted in FIG. 3A); and
(c) a plurality of articulation drivers (articulation wire 152 + articulation wire 214, FIG. 5C) coupled with the distal sheath portion of the cannula (par. 51 discloses articulation wire extends from first end to distal tip),
wherein the distal sheath portion of the cannula is configured to articulate relative to a proximal sheath portion (first end 200, FIG. 1) of the cannula in response to actuation of the articulation drivers such that the articulation drivers are operable to drive articulation of the distal sheath portion of the cannula (par. 51 discloses articulation wire extends from first end to distal tip and manipulates the insertion tube, par. 81 discloses connection between articulation wire couplings can transfer forces imposed on the articulation wires to articulate the insertion tube).
However, Magno does not disclose a scope shaft actuatable relative to the scope base and slidably disposed within the scope sheath, wherein a distal tip of the scope shaft includes a lens, cannula configured to guide the scope shaft, elongate, tubular cannula sheath configured to slidably receive the scope shaft.
Yoshinaga teaches an analogous system (endoscope apparatus 1, FIG. 1) having a proximal sheath (operation portion 12, FIG. 1) and a distal sheath (elongated insertion portion 11, FIG. 1). The proximal sheath (12) including treatment instrument insertion portion (16, FIG. 1) which a baby endoscope (20, i.e. scope shaft, FIG. 1) is insertable through and can slide through the proximal sheath (12) and the distal sheath (11). Moreover, the scope shaft (20) includes a distal tip section (distal end portion 23, FIG. 1) which includes an image pickup unit (i.e. lens) [FIG. 1, 0059].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope of Magno with the baby endoscope of Yoshinaga in order to provide even more detailed observation of a patient/ subject by providing additional imaging and an imaging device capable of bending independently in any direction to show alternate views/ images from the primary imaging device [Yoshinaga – 0003, 0062].
Additionally, the proximal sheath (140+142) of Magno includes an aperture (148, FIG. 1) analogous to the treatment instrument insertion portion (16) of Yoshinaga. Moreover, the aperture (148) of Magno allows tools to be inserted into a working channel which extends through the proximal sheath (142) and the distal sheath (198) [Magno – 0035, 0055].
Regarding Claim 21, Magno discloses
A system (endoscope 100, FIG. 1), comprising:
(a) a surgical scope (endoscope 100, FIG. 1), including:
(i) a scope base (control head 140, FIG. 1) configured to be positioned extracorporeally relative to a patient (FIG. 1, par. 34 disclose control head controls endoscope as insertion tube is inserted into patient, i.e. extracorporeally controls insertion tube),
(ii) a scope sheath (body 142, FIG. 1) extending distally from the scope base (depicted in FIG. 1),
(iv) a first connection member (first portion 164, FIG. 1) disposed at a distal end (second end 146, FIG. 1) of the scope sheath (depicted in FIG. 1); and
(b) a cannula (insertion tube 198, FIG. 1) configured relative to the patient (par. 34 disclose control head controls endoscope as insertion tube is inserted into patient), including
(i) a cannula sheath (shell 204, FIG. 2),
wherein the cannula sheath includes a distal sheath portion (distal tip 202, FIG. 1) configured to be passed through a body wall and into a body cavity of the patient (par. 45 discloses distal tip inserted into patient),
(ii) a second connection member (second portion 178, FIG. 1) disposed at a proximal end (first end 200, FIG. 1) of the cannula sheath and configured to releasably couple with the first connection member (depicted in FIG. 3A), and
(iii) an articulation driver coupled with the distal sheath portion and operable to drive articulation of the distal sheath portion (par. 51 discloses articulation wire extends from first end to distal tip and manipulates the insertion tube, par. 81 discloses connection between articulation wire couplings can transfer forces imposed on the articulation wires to articulate the insertion tube).
However, Magno does not disclose a scope shaft actuatable relative to the scope base and slidably disposed within the scope sheath, wherein a distal tip of the scope shaft includes a lens, the scope shaft passing through the first connection member, cannula configured to guide the scope shaft, cannula sheath configured to slidably receive the scope shaft, the scope shaft being insertable through the second connection member to enter the cannula sheath.
Yoshinaga teaches an analogous system (endoscope apparatus 1, FIG. 1) having a proximal sheath (operation portion 12, FIG. 1) and a distal sheath (elongated insertion portion 11, FIG. 1). The proximal sheath (12) including treatment instrument insertion portion (16, FIG. 1) which a baby endoscope (20, i.e. scope shaft, FIG. 1) is insertable through and can slide through the proximal sheath (12) and the distal sheath (11). Moreover, the scope shaft (20) includes a distal tip section (distal end portion 23, FIG. 1) which includes an image pickup unit (i.e. lens) [FIG. 1, 0059].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the endoscope of Magno with the baby endoscope of Yoshinaga in order to provide even more detailed observation of a patient/ subject by providing additional imaging and an imaging device capable of bending independently in any direction to show alternate views/ images from the primary imaging device [Yoshinaga – 0003, 0062].
Additionally, the proximal sheath (140+142) of Magno includes an aperture (148, FIG. 1) analogous to the treatment instrument insertion portion (16) of Yoshinaga. Moreover, the aperture (148) of Magno allows tools to be inserted into a working channel which extends through the proximal sheath (142) and the distal sheath (198) [Magno – 0035, 0055].
Regarding Claim 22, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 21, and Magno further discloses
at least a portion of the first connection member extending radially outwardly relative to the distal end of the scope sheath (depicted in FIG. 1).
Regarding Claim 23, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 22, and Magno further discloses
the second connection member including a cup (surface of second portion 178, FIG. 3A) having a lip (threaded surface 194, FIG. 3A),
the first connection member being configured to surround the lip of the cup (depicted in FIG. 3A).
Regarding Claim 24, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 21, and
the cannula sheath further including an articulation joint (distal quick-connect coupling 162, FIG. 1),
the distal sheath portion being operable to articulate at the articulation joint (par. 44 discloses removable tip connects to coupling and forms distal tip with insertion tube, par. 51 discloses articulation wire extends from first end of insertion tube to distal end, i.e. via coupling, par. 81 discloses connection between articulation wire couplings can transfer forces imposed on the articulation wires to articulate the insertion tube).
Claim(s) 8-10, 13, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magno et al. (US 20230371793 A1, hereinafter Magno) in view of Yoshinaga et al. (US 20220202283 A1, hereinafter Yoshinaga) as applied to claim 1 above, and further in view of Rohr et al. (US 20210228289 A1, hereinafter, Rohr).
Regarding Claim 8, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, however, Magno does not disclose further comprising a motorized drive mechanism operable to drive articulation of the distal sheath portion.
further comprising a motorized drive mechanism (robotic medical system 650 - FIG. 7A) operable to drive articulation of the distal sheath portion (par. 50 discloses manipulator assembly uses motors to drive articulation of distal end; par. 77 discloses robotic medical system includes manipulator assembly).
Rohr teaches an analogous system (medical system 100, FIG. 1) comprising a proximal sheath (first flexible tube 510, FIG. 6C) detachably coupled to a distal sheath (airway management device 400 + second flexible tube 520, FIG. 6C) via a connection mechanism (500, FIGS. 6A-6D). The system further comprising a robotic medical system (550, FIG. 6A, i.e. motorized drive mechanism) which includes a manipulator assembly capable of utilizing motors to drive articulation of the distal end of a medical instrument, such as insertion tube (410, i.e. distal sheath portion) [0050, 0077].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the system of Magno, as previously modified by Yoshinaga, with the drive mechanism of Rohr in order to provide the system with a manipulator assembly capable of remotely controlling operation of the medical device and allowing for multiple degrees of flexibility/ rotation for improved actuation of devices during medical procedures [Rohr - 0050].
Additionally, the medical instrument system of Rohr is capable of incorporating a bronchoscope, i.e. endoscope, allowing for an obvious modification [Rohr - 0067].
Regarding Claim 9, Magno, as previously modified by Yoshinaga and further modified by Rohr, discloses all of the elements of the current invention disclosed in claim 8, and Rohr further teaches
wherein the motorized drive mechanism is further operable to actuate the scope shaft relative to the proximal and distal sheaths (par. 55 discloses medical system allows for articulation of medical instrument, par. 67 discloses medical instrument of system may be bronchial, i.e. scope shaft, par. 83 discloses flexible tubes allow passage of bronchial, i.e. articulates relative to tubes).
Regarding Claim 10, Magno, as previously modified by Yoshinaga and further modified by Rohr, discloses all of the elements of the current invention disclosed in claim 8, and Rohr further teaches
The system of claim 8, further comprising a robotic arm (medical system interface 560, FIG. 6A) that presents the motorized drive mechanism (depicted in 6A).
Regarding Claim 13, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, however Magno does not disclose wherein the distal sheath includes an annular flange configured to abut an interior surface of the body wall to position a distal end of the distal sheath at a predetermined depth relative to the body wall.
Rohr teaches an analogous system (medical system 100, FIG. 1) comprising a proximal sheath (first flexible tube 510, FIG. 6C) detachably coupled to a distal sheath (airway management device 400 + second flexible tube 520, FIG. 6C) via a connection mechanism (500, FIGS. 6A-6D). The distal sheath (400) having an inflatable balloon-like structure or cuff (420, FIG. 4, i.e. annular flange) at its distal end which seals the trachea and bronchial tree, thereby mounting the distal sheath within the body of the patient [0076].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the system of Magno, as previously modified by Yoshinaga, with the balloon structure of Rohr in order to prevent air being pumped into the proximal end of the tube from escaping and entering other parts of the body [Rohr - 0076].
Additionally, the system of Magno includes a seal mechanism (polymer coat 210, FIG. 2) which serves an analogous purpose of preventing any fluids from escaping during operation whether that be from within body or via suction channels, therefore, it would be obvious to add additional structures, such as the balloon/cuff of Rohr, to further improve the intended functions of the system [Magno - 0049].
Regarding Claim 15, Magno, as previously modified by Yoshinaga, discloses all of the elements of the current invention disclosed in claim 1, and Yoshinaga further teaches
wherein the distal sheath portion (11) includes a sheath articulation section (bending portion 14, FIG. 1),
wherein the deflectable distal shaft portion includes a scope articulation section (bending portion 24, FIG. 1) operable to articulate a distal tip (distal end portion 23, FIG. 1) of the scope shaft at a location distal to the sheath articulation section (depicted in FIG. 1),
However, Magno, as previously modified by Yoshinaga does not disclose a motorized drive mechanism operable to drive articulation of the sheath articulation section and the scope articulation section and drive actuation of the scope shaft relative to the proximal and distal sheaths.
Rohr teaches an analogous system (medical system 100, FIG. 1) comprising a proximal sheath (first flexible tube 510, FIG. 6C) detachably coupled to a distal sheath (airway management device 400 + second flexible tube 520, FIG. 6C) via a connection mechanism (500, FIGS. 6A-6D). The system further comprising a robotic medical system (550, FIG. 6A, i.e. motorized drive mechanism) which includes a manipulator assembly capable of utilizing motors to drive articulation of the distal end of a medical instrument, such as insertion tube (410, i.e. distal sheath portion) [0050, 0077]. Moreover, the medical system allows for articulation of a bronchial/ bronchoscope, i.e. scope shaft, as the medical instrument, wherein the flexible tubes allow for the passage of the bronchial, i.e. allowing for articulation relative to the tubes/sheaths [0055, 0067, 0083].
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the system of Magno, as previously modified by Yoshinaga, with the drive mechanism of Rohr in order to provide the system with a manipulator assembly capable of remotely controlling operation of the medical device and allowing for multiple degrees of flexibility/ rotation for improved actuation of devices during medical procedures [Rohr - 0050].
Additionally, the medical instrument system of Rohr is capable of incorporating a bronchoscope, i.e. endoscope, allowing for an obvious modification [Rohr - 0067].
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.
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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