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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 24, 2025 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
PNG
media_image1.png
417
461
media_image1.png
Greyscale
Claims 1-12 and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (3,203,285).
Schmidt discloses all of the limitations of claim 1, i.e., an instrument for transmitting torque, the instrument comprising:
a torque receiving portion handle e.g., at 17 at a proximal end of the instrument Fig. 1;
a torque delivering portion 12 at a distal end of the instrument;
PNG
media_image2.png
256
223
media_image2.png
Greyscale
a flexible shaft 11 extending between the torque receiving portion and the torque delivering portion, the flexible shaft comprising torque transmitting elements 13 coupled in series along a longitudinal direction of the shaft Fig. 1 such that one of the torque transmitting elements 13 is rotationally fixed and tiltable relative to an adjacent one of the torque transmitting elements Fig. 3, wherein
one of the torque transmitting elements 13 comprises a female coupling feature notches 27 and an adjacent one of the torque transmitting elements comprises a male coupling feature teeth 26matching the female coupling feature Fig. 1 partially shown here,
wherein the one of the torque transmitting elements 13 is coupled to the adjacent one of the torque transmitting elements 13 via the female coupling feature 27 and the male coupling feature 26,
wherein the female coupling feature comprises a notch 27 and the male coupling feature comprises a protrusion 26 sized to fit into the notch Figs. 1-3,
wherein each of the torque transmitting elements 13 comprises a through-hole 29, and wherein the instrument further comprises an elongate alignment member 14 that extends through the through-holes of the torque transmitting elements Fig. 1, and
wherein the alignment member 14 is fixedly attached to both the torque receiving portion e.g., 17 and the torque delivering portion 12 such that the alignment member restricts intimate end engagement transverse movement of the torque transmitting elements along the longitudinal direction of the shaft.
Regarding claim 2, PA (prior art, Schmidt) meets the limitations, i.e., the instrument of claim 1, wherein the notch 168, Dauvin has only flat or concave side walls Fig. 1.
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. 1; and - the protrusion has a constant width or a width narrowing towards a distal end thereof Fig. 1.
Regarding claim 4, PA meets the limitations, i.e., the instrument of claim 1, wherein the protrusion 26 has only flat or convex side walls Fig. 1.
PNG
media_image3.png
381
311
media_image3.png
Greyscale
Regarding claims 5-8, PA meets the limitations, i.e., the instrument of claim 1, wherein the notch 26 extends longitudinally along a notch axis Fig. 1, wherein the notch 27 and the protrusion 26 are configured such that the adjacent one of the torque transmitting elements, having the protrusion coupled to the notch Fig. 1, can be tilted relative to the notch around an axis orthogonal, to the notch axis, Fig. 3; wherein the notch axis is non-parallel to the longitudinal direction of the shaft Fig. 3; the instrument of claim 6, wherein the notch axis is perpendicular to the longitudinal direction of the shaft Fig. 3; the instrument of claim 5, wherein the protrusion 26 extends longitudinally along a protrusion axis and wherein at least one axis chosen from the notch axis Fig. 4 and the protrusion 26 axis extends across a radial center of at least element chosen from the one of the torque transmitting elements 13 and the adjacent one of the torque transmitting elements 13 adjacent 17, Fig. 3.
Regarding claim 9, PA meets the limitations, i.e., the instrument of claim 1, wherein the notch 26 of a torque transmitting element extends non-parallel to the protrusion of the same torque transmitting element Fig. 3.
Regarding claim 10, PA meets the limitations, i.e., wherein the alignment member 14 is made from a spring-elastic material flexible cable, 02:42.
Regarding claim 11, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 14 comprises or consists of a spring wire 02:42.
Regarding claim 12, PA meets the limitations, i.e., the instrument of claim 11, wherein the spring wire is a non-braided wire 02:42, Fig. 1.
Regarding claim 14, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 14 is configured to align the torque transmitting elements in a predefined orientation relative to one another Figs. 1-3.
Regarding claim 15, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 14 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; b) the alignment member 14 is free from a shear force Fig. 2; c) the alignment member is free from a bending moment; and d) the alignment member is free from a tensile force.
Regarding claim 16, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 14 is translationally fixed along at least one direction chosen from the longitudinal direction of the shaft @17, 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 14 is attached to the shaft @ 17.
Regarding claim 18, PA meets the limitations, i.e., the instrument of claim 10, wherein the alignment member 14 extends throughout a through-hole 29 provided in each of the torque receiving portion 17 and the torque delivering portion @16, Fig. 1.
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 @ 32, Fig. 1 being formed in at least one component of the instrument chosen from the torque receiving portion and the torque delivering portion 17, Fig. 1.
Regarding claim 20, PA meets the limitations, i.e., the instrument of claim 19, wherein the at least one recess above 32 fulfils at least one of the following conditions: (i) it is configured as a blind hole Fig. 1; (ii) it is arranged in a radial center of the at least one component 17; (iii) it has an essentially cylindrical shape.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Dauvin et al. (2014/0069240 “Dauvin”).
Schmidt meets all of the limitations of claim 13, as described above, except for disclosing the material for the alignment member.
Dauvin teaches an alignment member for a flexible shaft comprising is a superelastic or pseudoelastic material [0150] shape-retaining.
It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to use a superelastic material as taught by Schmidt to enhance the flexibility and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dauvin et al. (2014/0069240 “Dauvin”) in view of Schmidt.
Dauvin meets all of the limitations of claim 1, i.e., an instrument for transmitting torque, the instrument comprising:
PNG
media_image4.png
294
451
media_image4.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
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,
PNG
media_image5.png
330
428
media_image5.png
Greyscale
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,
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 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_image6.png
140
370
media_image6.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_image7.png
158
228
media_image7.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_image7.png
158
228
media_image7.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_image5.png
330
428
media_image5.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.
Response to Arguments
Applicant's arguments filed October 24, 2025 have been fully considered but they are not persuasive.
Applicant argues that Dauvin fails to disclose for the alignment member to be fixedly attached to the torque receiving and delivering portions. Examiner, respectfully disagrees. Dauvin discloses a tight fitting at the delivery portion 120, Fig. 12. However, Dauvin discloses in the last section of paragraph [0145] that “close conformity of the narrow end 202 of each tapered channel 200 to the outer diameter of the ductile wire 208 acts to impart stiffening or shape-retaining functionality to the casing by blocking radial movement between the link 150 and the ductile wire 208 at the constricted points of the stiffener-receiving passages defined by these narrow ends 202 of the communicating axial channels 200 that collectively form this passage”. As indicated in the interview summary, the limitations from specification, e.g., welding, crimping… are not read into the claims, accordingly although a “fixed” attachment may be met by Dauvin’s arrangement that at least blocks radial movement. However, Schmidt teaches selectively adjusting the flexibility of the alignment member that a modified for selective stiffening of the alignment member, provides an alignment member that is fixed at both ends.
Conclusion
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/
December 27, 2025 Primary Examiner, Art Unit 3723