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 .
Election/Restrictions
Newly submitted claims 22 and 24 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: new claim 22 requires a surface roughness of the second surface area is greater than a surface roughness of the first surface area, not found in the previously examined claims 1 and 20. New claim 24 requires a second intermediate braking position, not found in previously examined claims 1 and 20. Meanwhile, previously examined claim 1 requires a flat surface between the first shoulder and the second shoulder, not found in new claims 22 and 24. Previously examined claim 20 requires the braking control comprising a spring arm formed by a slit in a wall of the braking control the spring arm connected at both ends thereof to the wall, not found in new claims 22 and 24.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 22 and 24 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Status of Claims
It is noted that Applicant filed a first amendment on 10/27/2025 amending claims 1, 6, 17, and 20, cancelled claims 4, 5, and 7, and added new dependent claims 22-24. Applicant then filed a supplemental amendment on 10/29/2025 further amending claims 22 and 24 to be independent claims. Claims 1-3, 6, and 8-24 are pending, claims 22 and 24 are withdrawn from consideration, and claism 1-3, 6, 8-21 and 23 are currently under consideration for patentability under 37 CFR 1.104
Foreign Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copies have been received.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spring arm formed by a slit in the wall of the braking control (claim 20) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. To be clear, the language of the claim indicates the slit in the wall of the braking control forms the spring arm (a spring arm formed by a slit in a wall vs. a spring arm being formed in a slit in a wall).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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(s) 1-3, 6, 8 12-17, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomberg (U.S. 2025/0000344) in view of Hoshino (U.S. 2012/0277535).
With respect to claim 1, Tomberg et al. teaches an endoscope (10) comprising:
a handle (20);
an insertion cord (30) extending from the handle and comprising an insertion tube, a bending section (31) and a distal tip unit (32);
a steering mechanism comprising a steering control (23) and a steering wire (37), the steering control being rotatable around a control axis, and the steering wire connecting the steering control with the bending section to bend the bending section when a user manually rotates the steering control; and
a braking mechanism configured to brake the steering mechanism, the braking mechanism comprising:
a braking control (24) operable to receive a braking input by the user;
a friction element (114c) which is axially translatable in an axial direction defined by the control axis to engage or disengage with the steering mechanism (para [0071],FIG. 4A,B); and
a cam pairing having a cam surface unit (133) forming a cam surface and a cam (132) contacting the cam surface in the axial direction, the cam being connected to or integrally formed with the braking control or the friction element, the cam surface unit being connected to or integrally formed with the other of the braking control element or the friction element (FIG. 6A,B for example), wherein the cam surface comprises a first ramp section, a second ramp section, and an intermediate section (para [0079] for example) arranged between the first ramp section and the second ramp section and forming a tactile structure forms a recess between the first ramp section and the second ramp section (para [0043]-[0044]) defining an intermediate braking position, wherein rotation of the braking control causes the cam to slide along the cam surface to transform the braking input into an axial translation of the friction element (para [0043]-[0044]), and
wherein the first ramp section translates the friction element from a first braking position to the intermediate braking position, and the second ramp section translates the friction element from the intermediate braking position to a second braking position (para [0044]).
That is, Tomberg teaches an example of an intermediate braking mechanism in paragraphs [0043]-[0044] and further teaches the braking mechanism of 24/114c may be provided with one or more intermediate positions having intermediate frictional coupling (para [0079]). It would be obvious to one of ordinary skill that the intermediate braking mechanism discussed in paragraphs [0043]-[0044] could be used to achieve the intermediate positions discussed in paragraph [0079].
However, Tomberg does not teach specifics of the cam surface.
With respect to claim 1, Hoshino teaches an analogous cam surface wherein an intermediate section forms a first shoulder or step adjacent to the first ramp section, a second shoulder or step adjacent to the second ramp section, and an intermediate flat surface arranged between the first shoulder or step and the second shoulder or step (FIG. 6).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Tomberg to utilize the structure of the cam surface of Hoshino in order to provide a means of converting torque into a force in the axis direction (para [0084] of Hoshino).
With respect to claim 2, Tomberg et al. teaches the braking control is rotatable around the control axis, the cam surface extends in a circumferential direction and the first ramp section and the second ramp section extend in the circumferential direction and in the axial direction (para [0070] FIG. 6A,B for example).
With respect to claim 3, Tomberg teaches at least two, preferably three, cam surfaces are provided (a multiplicity, para [0070]), which are dimensioned and arranged to form a circle around the control axis (FIG. 3).
With respect to claim 6, Hoshino teaches the first shoulder or step preferably has a steeper inclination than the second shoulder or step (FIG. 6).
With respect to claim 8, Hoshino teaches the cam surface further comprises a first flat surface at a position corresponding to the first braking position and/ or a second flat surface at a position corresponding to the second braking position (FIG. 6).
With respect to claim 9, Hoshino teaches the first ramp section comprises a first inclination angle, the second ramp section comprises a second inclination angle, and the first inclination angle and the second inclination angle differ by at most +/- 5 degrees (FIG. 6).
With respect to claim 10, Hoshino teaches a reference line extending along and from the first ramp section is tangential to the second ramp section at a location where the second ramp section connects with the intermediate section (FIG. 6).
With respect to claim 11, Hoshino teaches the first ramp section comprises a first inclination angle, the second ramp section comprises a second inclination angle, and the second inclination angle is less than the first inclination angle (FIG. 6).
With respect to claim 12, Tomberg teaches the cam is non-rotatably connected to the braking control or formed integrally with the braking control (para [0073]).
With respect to claim 13, Tomberg teaches the cam is non-rotatably connected to the braking control or formed integrally with the braking control on an inner axial or circumferential surface thereof (FIG. 6A,B, para [0073]).
With respect to claim 14, Tomberg teaches the cam has a contact edge which tapers in a direction towards the cam surface unit (132, FIG. 3).
With respect to claim 15 Tomberg teaches a pressurizing element (115) is provided which supports a spring element on one axial side and the frictional element on another axial side, and wherein the pressurizing element forms a stop surface acting in a direction opposite to the spring element and adapted to contact a rim portion of the steering control element (FIG. 3 for example).
With respect to claim 16, Tomberg teaches the braking control and the cam surface unit engage with each other via a circumferential stopping structure including a circumferentially extending stopper groove providing two circumferential stopper surfaces and an axially extending stopper pin which are slidable with respect to each other in the axial direction and in the circumferential direction (111, 112, FIG. 3 for example).
With respect to claim 17, Tomberg teaches a second steering mechanism comprising a second steering control (22) rotatable around the control axis, and a second steering wire (38) connecting the bending section with the second steering control to bend the bending section in the second direction when the user manually rotates the second steering control;
a second braking mechanism configured to brake the second steering mechanism and comprising:
a second braking control (42) operable to receive a second braking input by the user and being rotatable around the control axis;
a second friction element (104c) which is axially translatable in the axial direction to engage or disengage with the second steering mechanism; and
a second cam pairing having a second cam surface unit (123) forming a ramp section and a second cam (122) contacting the ramp surface of the second cam surface unit in the axial direction to transform the second braking input into an axial translation of the second friction element, the second cam being connected to the second braking control or the second friction element, the second cam surface unit being connected to the other of the second braking control or the second friction element (para [0043]-[0044]); and
a click interface formed by the second braking control and a portion of the handle, the click interface including a click recess or click protrusion as a clicking structure, which is formed at the second braking control or the portion of the endoscope handle, and a spring arm, which is formed at the other of the second braking control or the portion of the endoscope handle, wherein the spring arm is configured to engage with the clicking structure to define an intermediate braking position of the second braking mechanism and to resiliently bend away from the clicking structure (para [0043]-[0044], [0076]), and
wherein the ramp section translates the friction element from a first braking position to the intermediate braking position of the second braking mechanism and from the intermediate braking position to a second braking position (para [0043]-[0044]).
With respect to claim 21, Tomberg teaches a visualization system comprising an endoscope according to claim 1 or an endoscope according to claim 20, and a monitor (M) connectable to the endoscope (para [0057]).
With respect to claim 23, Tomberg teaches a spring configured to preload the cam in an axial direction against the cam surface (para [0071], [0084]).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomberg (U.S. 2025/0000344) in view of Hoshino (U.S. 2012/0277535) as applied to claim 1 above and further in view of Maruyama (U.S. 2007/0255103).
With respect to claim 18, Tomberg teaches the second braking control has a plate-like base portion, which forms the second cam surface or the second cam facing towards one side (42, FIG. 4B).
However, Tomberg does not teach a spring arm
With respect to claim 18, Maruyama teaches a spring arm facing towards an opposing side (FIG. 8,9).
With respect to claim 19, Maruyama teaches the spring arm is formed from the base portion of the second braking control in the manner of a bridge formed between two longitudinal slits (FIG. 8,9).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Tomberg to utilize the spring arm of Maruyama because Tomberg teaches a haptic feedback and Maruyama teaches a detailed example of such a structure.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomberg (U.S. 2025/0000344) in view of Maruyama (U.S. 2007/0255103).
With respect to claim 20, Tomberg teaches an endoscope comprising:
a handle (20);
an insertion cord (30) extending from the handle and comprising an insertion tube, a bending section (31) and a distal tip unit (32);
a steering mechanism comprising a steering control (22) and a steering wire (37), the steering control being rotatable around a control axis, and the steering wire connecting the steering control with the bending section to bend the bending section when a user manually rotates the steering control; and
a braking mechanism configured to brake the steering mechanism, the braking mechanism comprising:
a braking control (42) operable to receive a braking input by the user;
a friction element (104c) which is axially translatable in an axial direction defined by the control axis to engage or disengage with the steering mechanism;
a cam pairing having a cam surface unit (123) forming a ramp section and a cam (122) contacting the ramp section of the cam surface unit in the axial direction to transform the braking input into an axial translation of the friction element, the cam being connected to the braking control or the friction element, the cam surface unit being connected to the other of the braking control or the friction element; and
a click interface formed by the braking control and a portion of the handle, the click interface including a click recess or click protrusion as a clicking structure, which is formed at the portion of the handle, and a spring arm, (para [0043]-[0044])
wherein the spring arm is configured to engage with the clicking structure to define an intermediate braking position and to resiliently bend away from the clicking structure (para [0043]-[0044]), and
wherein the ramp section translates the friction element from a first braking position to the intermediate braking position and from the intermediate braking position to a second braking position (para [0043]-[0044], see also para [0076]).
However, Tomberg does not teach a spring arm
With respect to claim 20, Maruyama teaches a spring arm formed by a slit in a wall fo the braking control, the spring arm connected at both ends thereof to the wall (FIG. 8,9).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Tomberg to utilize the spring arm of Maruyama because Tomberg teaches a haptic feedback and Maruyama teaches a detailed example of such a structure.
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Tomberg already teaches means of converting torque into force in the axis direction, this is not persuasive. As set forth above, paragraph [0079] of Tomberg teaches “one or more intermediate positions having intermediate frictional coupling may be provided” but does not disclose the specific structure or means. Hoshino does disclose a specific structure and/or means of providing an intermediate position. Therefore the rejection is maintained.
In response to Applicant’s argument that the intermediate cam surface of Hoshino is not flat, this is not persuasive. Flat is “having a relatively smooth or even surface,” (merriam-webster.com). It is noted that “flat” is not inherently “level” or “horizontal.” Therefore the rejection is maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799