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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are finally rejected under 35 U.S.C. 103 as being unpatentable over Dauvin et al. (2014/0069240 “Dauvin”) in view of Schmidt (3,203,285).
Dauvin meets all of the limitations of claim 1, i.e., an instrument for transmitting torque, the instrument comprising:
PNG
media_image1.png
294
451
media_image1.png
Greyscale
a torque receiving portion 16 at a proximal end of the instrument e.g., Fig. 2;
a torque delivering portion 120 at a distal end of the instrument;
a flexible shaft extending between the torque receiving portion and the torque delivering portion, the flexible shaft comprising torque transmitting elements 150 coupled in series along a longitudinal direction of the shaft Fig. 12A such that one of the torque transmitting elements is rotationally fixed and tiltable relative to an adjacent one of the torque transmitting elements, wherein
PNG
media_image2.png
330
428
media_image2.png
Greyscale
one of the torque transmitting elements 150 comprises a female coupling feature 168 and an adjacent one of the torque transmitting elements comprises a male coupling feature 162 matching the female coupling feature,
wherein the one of the torque transmitting elements 150 is coupled to the adjacent one of the torque transmitting elements 150 via the female coupling feature 162 and the male coupling feature 168,
PNG
media_image4.png
168
170
media_image4.png
Greyscale
wherein the female coupling feature comprises a notch 168 and the male coupling feature comprises a protrusion 162 sized to fit into the notch Figs. 12, C, wherein a bottom surface of the notch 168, annotated Fig. 14C is flat or concave, Fig. 14C and extends along a width of the female coupling feature Figs. 12B, 14A, and a free end annotated of the protrusion 162 is convex or concave and extends along a width of the male coupling feature Figs. 12A, 14A,
wherein each of the torque transmitting elements 150 comprises a through-hole 200, and wherein the instrument further comprises an elongate alignment member 208 extending through the through-holes of the torque transmitting elements,
wherein the alignment member 200 is fixedly attached to the torque receiving portion @150a and the torque delivering portion @150b, 120, i.e., no kinking or radial movement last nine lines of [0153], except for the alignment member to be fixed at both ends such that the alignment member restricts intimate end engagement transverse movement of the torque transmitting elements along the longitudinal direction of the shaft.
PNG
media_image7.png
140
370
media_image7.png
Greyscale
Schmidt teaches a flexible shaft tool comprising a fixable shaft 14 having both ends fixed with an tension adjusting means to selectively adjust the rigidity of the handle. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the torque receiving portion of the tool of Dauvin with the tensioning means as taught by Schmidt to adapt the tool such that the tension and rigidity of the handle can be selectively adjusted.
PNG
media_image3.png
158
228
media_image3.png
Greyscale
Regarding claim 2, PA (prior art, Dauvin modified by Schmidt) meets the limitations, i.e., the instrument of claim 1, wherein the notch 168 has only flat or concave side walls.
Regarding claim 3, PA meets the limitations, i.e., the instrument of claim 1, wherein at least one of the following conditions holds: - the notch has a constant width or a narrowing width starting from an outer surface of the torque transmitting element comprising the notch Fig. 14C; and - the protrusion has a constant width or a width narrowing towards a distal end thereof Fig. 14C.
PNG
media_image8.png
182
270
media_image8.png
Greyscale
[AltContent: connector][AltContent: textbox (NOTCH AXIS)]Regarding claim 4, PA meets the limitations, i.e., the instrument of claim 1, wherein the protrusion 162 has only flat or convex side walls Fig. 14C.
PNG
media_image3.png
158
228
media_image3.png
Greyscale
[AltContent: connector][AltContent: textbox (PROTRUSION AXIS)]Regarding claims 5-8, PA meets the limitations, i.e., the instrument of claim 1, wherein the notch 168 extends longitudinally along a notch axis annotated Fig. 14D, wherein the notch 168 and the protrusion 162 are configured such that the adjacent one of the torque transmitting elements, having the protrusion coupled to the notch Fig. 12A, can be tilted relative to the notch around an axis orthogonal, to the notch axis, i.e., perpendicular; wherein the notch axis is non-parallel to the longitudinal direction of the shaft annotated above; the instrument of claim 6, wherein the notch axis is perpendicular to the longitudinal direction of the shaft; the instrument of claim 5, wherein the protrusion 162 extends longitudinally along a protrusion axis and wherein at least one axis chosen from the notch axis annotated above and the protrusion axis extends across a radial center of at least element chosen from the one of the torque transmitting elements 150 and the adjacent one of the torque transmitting elements Fig. 12A, Dauvin.
Regarding claim 9, PA meets the limitations, i.e., the instrument of claim 1, wherein the notch 168 of a torque transmitting element extends non-parallel to the protrusion of the same torque transmitting element Fig. 12A, Dauvin.
PNG
media_image2.png
330
428
media_image2.png
Greyscale
Regarding claim 10, PA meets the limitations, i.e., wherein the alignment member is made from a spring-elastic material shape retaining ductile wire [0153].
Regarding claim 11, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 208 comprises or consists of a spring wire [0153].
Regarding claim 12, PA meets the limitations, i.e., the instrument of claim 11, wherein the spring wire is a non-braided wire [0153], Fig. 12C, Dauvin.
Regarding claim 13, PA meets the limitations, i.e., the instrument of claim 10, wherein the spring-elastic material is a superelastic or pseudoelastic material [0150] shape-retaining, Dauvin.
Regarding claim 14, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 208 is configured to align the torque transmitting elements in a predefined orientation relative to one another Fig. 12C, Dauvin.
Regarding claim 15, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 208 is configured to, when the torque transmitting elements are in the predefined orientation relative to one another, fulfil at least one of the following criteria: a) the alignment member is in a state of a lowest elastic potential energy straight shaft (not shown); b) the alignment member 208 is free from a shear force; c) the alignment member is free from a bending moment; and d) the alignment member is free from a tensile force Fig. 11 with 208, Dauvin.
Regarding claim 16, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 208 is translationally fixed along at least one direction chosen from the longitudinal direction of the shaft Fig. 12C, closed ends, a first longitudinal axis of the torque delivering portion and a second longitudinal axis of the torque receiving portion.
Regarding claim 17, PA meets the limitations, i.e., the instrument of claim 16, wherein the alignment member 208 is attached to the shaft @ 120, Fig. 12C, Dauvin.
Regarding claim 18, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 208 extends throughout a through-hole 200 provided in each of the torque receiving portion 150 and the torque delivering portion at least partially 150b, Fig. 12C, Dauvin.
Regarding claim 19, PA meets the limitations, i.e., the instrument of claim 1, comprising at least one recess facing the shaft, the at least one recess at least partially defined by channel 200 @ 150b being formed in at least one component of the instrument chosen from the torque receiving portion and the torque delivering portion 120, Fig. 12C, Dauvin.
Regarding claim 20, PA meets the limitations, i.e., the instrument of claim 19, wherein the at least one recess 200 fulfils at least one of the following conditions: (i) it is configured as a blind hole Fig. 12C; (ii) it is arranged in a radial center of the at least one component Fig. 12C; (iii) it has an essentially cylindrical shape Fig. 12C, receiving ductile cylindrical wire, Dauvin.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Response to Arguments
Applicant's arguments filed May 12, 2026 have been fully considered but they are not persuasive.
Applicant argues that neither Schmidt nor Dauvin modified by Schmidt discloses the newly recited limitation of "wherein a bottom surface of the notch is flat or concave and extends along a width of the female coupling feature, and a free end of the protrusion is convex or concave and extends along a width of the male coupling feature". Applicant’s argument regarding the anticipation rejections of claims over Schmidt, is persuasive and as indicated above said rejection is withdrawn.
The argument however, is not persuasive with regards to the obviousness rejections of claims over the combination of Dauvin and Schmidt. For this rejection, Applicant first asserts that the rounded female recesses 168 and the rounded male ears 162 of Dauvin disclose, respectively, the "notch" and "protrusion" limitations of independent claim 1. Applicant argues that Dauvin fails to disclose, as best shown in FIG. 14A, that the pair of recesses 168 and the pair of ears 162 extend along a width of the respective "female coupling feature" and "male coupling feature." Examiner, respectfully disagrees.
PNG
media_image10.png
169
192
media_image10.png
Greyscale
PNG
media_image11.png
294
455
media_image11.png
Greyscale
It is noted that Figs. 14A through 14C are directed to the embodiment of Fig. 12A, as noted in paragraph [0111]. The embodiment of Fig. 12A/ Fig. 14C is shown here. Each link 150 as shown in Fig. 12A, similar to the instant application, e.g., Figs. 3b, 4b or 5, defines both the male coupling 162 and the female coupling 168. Claims as now amended recite for
“wherein the female coupling feature comprises a notch and the male coupling feature comprises a protrusion sized to fit into the notch, wherein a bottom surface of the notch is flat or concave and extends along a width of the female coupling feature, and a free end of the protrusion is convex or concave and extends along a width of the male coupling feature”, which is met by Dauvin. Dauvin in Fig. 14C, discloses a female coupling 168 comprising a notch annotated and the male coupling discloses a protrusion annotated sized to fit into the notch as shown in Fig. 12A.
Further, a bottom surface of the notch is flat or concave, Fig. 14C and extends along a width of the female coupling feature Figs. 12A and 12B. Also, a free end of the protrusion annotated is convex or concave and extends along a width of the male coupling feature Figs. 12A, 14A and 14D.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hadi Shakeri/
August 14, 2026 Primary Examiner, Art Unit 3723
Prosecution Insights