Office Action Predictor
Last updated: April 15, 2026
Application No. 18/037,609

ENDOSCOPE WITH A BENDING SECTION HAVING A CUT-OUT FOR A WORKING CHANNEL

Non-Final OA §103§112
Filed
May 18, 2023
Examiner
BOLER, RYNAE E
Art Unit
3795
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ambu A/S
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 11m
To Grant
67%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
300 granted / 485 resolved
-8.1% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
34 currently pending
Career history
519
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 485 resolved cases

Office Action

§103 §112
CTNF 18/037,609 CTNF 88249 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 14 is objected to because of the following informalities: “a four” in the second line of the claim should be changed to --a fourth --. Appropriate correction is required. 07-29-01 AIA Claim 16 is objected to because of the following informalities: “a four” in the second line of the claim should be changed to --a fourth --. Appropriate correction is required. 07-29-01 AIA Claim 23 is objected to because of the following informalities: “a four” in the fifteenth line of the claim should be changed to --a fourth --. Appropriate correction is required. Drawings 06-36 AIA 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 “suction device”, the “outlet opening”, and the “monitor” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA 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. 07-30-05 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. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Such claim limitation(s) is/are: “image capture means” in claim 25 . 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. The specification discloses “image capturing means such as a miniature video camera” (see par. [0052] of the published specification). 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 § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 24-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. New claim 24 recites, in pertinent part, “a suction device, the handle of the endoscope comprising an outlet opening connectable to the suction device”. However, nowhere in the specification, as originally filed, is there a description of a suction device. The only mention of a suction device is in claim 24. Additionally, there is no description of anything analogous to a suction device, like a vacuum or aspirating device. Moreover, the drawings neither illustrate a suction device nor the handle of the endoscope comprising an outlet opening connectable to the suction device, as now claimed. Accordingly, the claims fail to comply with the written description requirement (see MPEP §2163). Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 10-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boulais et al. (US 2005/0131279 A1) in view of Mitchell et al. (US 2012/0238952 A1) in view of Olson et al. (US 2007/0208224 A1) . Regarding claim 10, Boulais discloses an endoscope (Figs. 1C-1D) comprising: a handle (Figs. 5F-5H; par. [0128]); a shaft (656; Fig. 8; par. [0163]) connected to the handle and comprising a bending section (654/1200; Figs. 8 and 23P; par. [0163] and [0203]), the bending section (1200) comprising segments (1202; Fig. 23P; par. [0203]) including a proximal end segment (proximal-most 1202; Fig. 23P), a distal end segment (distal most 1202; Fig. 23) and intermediate segments (1202; Fig. 23P) between the proximal end segment (proximal-most 1202; Fig. 23P) and the distal end segment distal most 1202; Fig. 23), the segments interconnected by hinge members (sloped sections of 1208 “form a hinge”; see par. [0203]), the bending section (1200) further comprising an outer periphery (outer periphery of 1200) and an inner lumen (1212; Fig. 23N); and a working channel tube (par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip) defining at least a part of a working channel (452; Fig. 6B; par. [0143]), the working channel tube extending from the handle through the shaft (par. [0132]; Figs. 5F-5G), wherein the inner lumen (1212; Fig. 23N) of the bending section (1200) has a radially outwardly extending working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202). Boulais does not specifically disclose that the radially outwardly extending working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202) accommodates the working channel tube. Mitchell teaches an analogous endoscope wherein a radially outwardly extending working channel tube cut-out portion (Figs. 6-7 – unlabeled cut-out portions in 38) accommodates a working channel tube (44 or 46; Figs. 6-7; par. [0016] and [0027]). It would have been obvious to one having ordinary skill in the art to place the working channel tube of Boulais within the working channel tube cut-out portion in order to arrange the tubes within the shaft and limit, or otherwise minimize, their movement within the inner lumen when the endoscope is articulated thereby preventing twisting and/or tangling of the tubes. However, Boulais does not specifically disclose a depth of the working channel tube cut-out portion measured from a central axis of the bending section to a radially outwardmost point on a periphery of the working channel tube cut-out portion, the depth g radually increasing along the bending section so that the working channel tube is positioned closer to the outer periphery in the distal end segment than in the proximal end segment. Olson teaches an analogous device wherein the shaft wall (160) has varying thickness (Fig. 4; par. [0023]) to alter the flexibility of the shaft such that the region where the shaft wall is thinner is more flexible that then the region where the shaft wall is thicker (par. [0023]). Olson teaches that the flexibility of shaft at the proximal end is less than the flexibility of the shaft at the distal end (par. [0024]). Olson teaches that the flexibility profile of the shaft allows the endoscope to be navigated to and within certain body cavities, and to perform particular procedures (par. [0024]). It would have been obvious to one having ordinary skill in the art to modify the shaft of Boulais to make the shaft wall thickness gradually decrease from the proximal end to the distal end such that the bending section is more flexible at distal end than at its proximal end. Such flexibility profile of the shaft allows the endoscope to be navigated to and within certain body cavities, and to perform particular procedures, as taught by Olson. Modified Boulais provides a configuration wherein a depth of the working channel tube cut-out portion measured from a central axis of the bending section (central axis of 1200; Fig. 23P) to a radially outwardmost point on a periphery of the working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portion in 1202), the depth gradually increasing along the bending section (Olson: Fig. 4; par. [0023]) so that the working channel tube is positioned closer to the outer periphery in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4) than in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4). Regarding claim 11, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the working channel tube (connected to 452; par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip; Figs. 6B and 23N-23P) is arranged closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) than in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4). Regarding claim 12, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 11, wherein the working channel tube (connected to 452; par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip; Figs. 6B and 23N-23P) gradually transitions from the position closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) to a position further away from the central axis of the bending section in the distal end segment (due to the thicker shaft wall; see Olson: Fig. 4). Regarding claim 13, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 12, wherein the bending section (1200; Fig. 23P) has a length, and wherein the working channel tube (connected to 452; par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip; Figs. 6B and 23N-23P) gradually transitions, along the entire length, from the position closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) to the position further away from the central axis of the bending section in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4). Regarding claim 14, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the bending section (1200; Fig. 23P) further comprises a first (1210; Fig. 23N: par. [0203]), a second (1210; Fig. 23N: par. [0203]), a third (1210; Fig. 23N: par. [0203]), and a four (1210; Fig. 23N: par. [0203]) steering wire lumen, and wherein the working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202) extends between the first and the second steering wire lumens (Fig. 23N – any cutout portion between two steering wire lumens; Mitchell: Figs. 6-7). Regarding claim 15, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 14, wherein the endoscope further comprises: a distal tip unit (400; Figs. 6A-6D) extending from the bending section (1200), and a wire tube (par. [0155] – cable) including electrical wires (par. [0155] – typically, 10-14 wires) extending from the handle to the distal tip unit (par. [0155] and [0111]). Boulais teaches that the working channel lumen (406/452; Figs. 6A-6B) is diametrically opposed to the imaging lumen (410/458; Figs. 6A-6B; par. [0138] and [0143]), but does not specifically disclose wherein the inner lumen of the bending section further comprises a radially outwardly extending wire tube cut-out portion accommodating the wire tube, and wherein the wire tube cut-out portion extends between the second and the third steering wire lumens or between the third and the fourth steering wire lumens or between the fourth and the first steering wire lumens. As discussed above, Mitchell teaches a variety of tubes (44-48; Figs. 6-7) that are accommodated in tube cut-out portions (see Figs. 6-7; par. [0027]). It would have been obvious to one having ordinary skill in the art to place the wire tube of Boulais within a tube cut-out portion in order to arrange the tubes within the shaft and limit, or otherwise minimize, their movement within the inner lumen when the endoscope is articulated thereby preventing twisting and/or tangling of the tubes. Such modification provides a configuration wherein the wire tube cut-out portion extends between the second and the third steering wire lumens or between the third (1210; Fig. 23N – at the 9 o’clock position; par. [0203]) and the fourth (1210; Fig. 23N – at the 12 o’clock position; par. [0203]) steering wire lumens or between the fourth and the first steering wire lumens, as that position is diametrically opposed to the position of the working channel lumen. Regarding claim 16, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the bending section (1200; Fig. 23P) further comprises a first (1210; Fig. 23N: par. [0203]), a second (1210; Fig. 23N: par. [0203]), a third (1210; Fig. 23N: par. [0203]), and a four (1210; Fig. 23N: par. [0203]) steering wire lumen, wherein the working channel tube (par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip; Mitchell: 44 or 46) is arranged closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) than in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4), and wherein the working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202) extends between the first and the second steering wire lumens (Fig. 23N – any cutout portion between two steering wire lumens; Mitchell: Figs. 6-7), wherein the endoscope comprises additional tubes accommodated within the inner lumen (par. [0159]; Mitchell: par. [0027]). Regarding claim 17, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 16, wherein the additional tubes include a wire tube (par. [0155] – cable), a waterjet tube (par. [0159] - for lens washing), a rinsing tube (par. [0159]; 454), and an insufflation tube (par. [0159] – for insufflation). Regarding claim 18, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 17, wherein the endoscope further comprises a distal tip unit (400; Figs. 6A-6D) extending from the bending section (1200). Boulais teaches that the working channel lumen (406/452; Figs. 6A-6B) is diametrically opposed to the imaging lumen (410/458; Figs. 6A-6B; par. [0138] and [0143]), but does not specifically disclose wherein the inner lumen of the bending section further comprises a radially outwardly extending wire tube cut-out portion accommodating the wire tube, and wherein the wire tube cut-out portion extends between the second and the third steering wire lumens or between the third and the fourth steering wire lumens or between the fourth and the first steering wire lumens. As discussed above, Mitchell teaches a variety of tubes (44-48; Figs. 6-7) that are accommodated in tube cut-out portions (see Figs. 6-7; par. [0027]). It would have been obvious to one having ordinary skill in the art to place the wire tube of Boulais within a tube cut-out portion in order to arrange the tubes within the shaft and limit, or otherwise minimize, their movement within the inner lumen when the endoscope is articulated thereby preventing twisting and/or tangling of the tubes. Such modification provides a configuration wherein the wire tube cut-out portion extends between the second and the third steering wire lumens or between the third (1210; Fig. 23N – at the 9 o’clock position; par. [0203]) and the fourth (1210; Fig. 23N – at the 12 o’clock position; par. [0203]) steering wire lumens or between the fourth and the first steering wire lumens, as that position is diametrically opposed to the position of the working channel lumen. Regarding claim 19, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the intermediate segments (1202) include a first intermediate segment (1202b; Fig. 23P) located adjacent the distal end segment (1202a; Fig. 23P) and a second intermediate segment (1202c; Fig. 23P) located adjacent the first intermediate segment (1202b; Fig. 23P), wherein the depth of working channel tube cut-out portion into a material of the bending section is greater in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4) than the first intermediate segment (due to the first intermediate segment being proximal of the distal end segment; see Olson: Fig. 4), and wherein the depth of the working channel tube cut-out portion into the material of the bending section is greater in the first intermediate segment than in the second intermediate segment (thinner shaft wall at the first intermediate segment due to the first intermediate segment being distal the second intermediate segment; see Olson: Fig. 4). Regarding claim 20, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the endoscope includes steering wire lumens (1210; Fig. 23N) circumferentially distributed in the bending section (1200; Fig. 23P), wherein the working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202) is formed in an area between two of the steering wire lumens (Fig. 23N). Regarding claim 21, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 20, wherein the bending section (1200; Fig. 32P) has an outer periphery, wherein a thickness, in a radial direction, of the bending section between the radially outwardmost point on the periphery of the working channel tube cut-out portion and the outer periphery of the bending section gradually decreases toward the distal end segment of the bending section (Olson: Fig. 4; par. [0023] – the thickness of the shaft wall is thinner at the distal end and gradually increase toward the proximal end). Regarding claim 22, Boulais in view of Mitchell in view of Olson disclose the endoscope of claim 10, wherein the inner lumen of the bending section has a four-leaf-clover cross sectional shape (Fig. 23N) and the working channel tube cut-out portion is formed by one of the leafs (Fig. 23N; Mitchell: Figs. 6-7). Regarding claim 23, Boulais discloses an endoscope (Figs. 1C-1D) comprising: a handle (Figs. 5F-5H; par. [0128]); a shaft (656; Fig. 8; par. [0163]) connected to the handle and comprising a bending section (654/1200; Figs. 8 and 23P; par. [0163] and [0203]), the bending section (1200) comprising segments (1202; Fig. 23P; par. [0203]) including a proximal end segment (proximal-most 1202; Fig. 23P), a distal end segment (distal most 1202; Fig. 23) and intermediate segments (1202; Fig. 23P) between the proximal end segment (proximal-most 1202; Fig. 23P) and the distal end segment distal most 1202; Fig. 23), the segments interconnected by hinge members (sloped sections of 1208 “form a hinge”; see par. [0203]), the bending section (1200) further comprising an outer periphery (outer periphery of 1200) and an inner lumen (1212; Fig. 23N); and a working channel tube (par. [0159] – “tube[s] for the…working channel…secured to corresponding lumen in the distal tip) defining at least a part of a working channel (452; Fig. 6B; par. [0143]), the working channel tube extending from the handle through the shaft (par. [0132]; Figs. 5F-5G), wherein the inner lumen (1212; Fig. 23N) of the bending section (1200) has a radially outwardly extending working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202), wherein the bending section (1200; Fig. 23P) further comprises a first (1210; Fig. 23N – at the 3 o’clock position; par. [0203]), a second (1210; Fig. 23N – at the 6 o’clock position; par. [0203]), a third (1210; Fig. 23N – at the 9 o’clock position; par. [0203]), and a four (1210; Fig. 23N – at the 12 o’clock position; par. [0203]) steering wire lumen, the first steering wire lumen (1210; Fig. 23N – at the 3 o’clock position; par. [0203]) positioned between the second steering wire lumen (1210; Fig. 23N – at the 6 o’clock position; par. [0203]) and the fourth steering wire lumen (1210; Fig. 23N – at the 12 o’clock position; par. [0203]), the second steering wire lumen (1210; Fig. 23N – at the 6 o’clock position; par. [0203]) positioned between the first steering wire lumen (1210; Fig. 23N – at the 3 o’clock position; par. [0203]) and the third steering wire lumen (1210; Fig. 23N – at the 9 o’clock position; par. [0203]), and the third steering wire lumen (1210; Fig. 23N – at the 9 o’clock position; par. [0203]) positioned between the second steering wire lumen (1210; Fig. 23N – at the 6 o’clock position; par. [0203]) and the fourth steering wire lumen (1210; Fig. 23N – at the 12 o’clock position; par. [0203]), and wherein the endoscope comprises additional tubes accommodated within the inner lumen (par. [0159]). Boulais does not specifically disclose that the radially outwardly extending working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portions in 1202) accommodates the working channel tube, and wherein the working channel tube cut-out portion extends between the first and the second steering wire lumens. Mitchell teaches an analogous endoscope wherein a radially outwardly extending working channel tube cut-out portion (Figs. 6-7 – unlabeled cut-out portions in 38) accommodates a working channel tube (44 or 46; Figs. 6-7; par. [0016] and [0027]). Mitchell also teaches that the working channel tube cut-out portion (Figs. 6-7 – unlabeled cut-out portions in 38) extends between the first (Fig. 6 – at the 3 o’clock position) and the second steering wire lumens (Fig. 6 – at the 6 o’clock position) to hold the working channel tube (46). It would have been obvious to one having ordinary skill in the art to place the working channel tube of Boulais within the working channel tube cut-out portion in order to arrange the tubes within the shaft and limit, or otherwise minimize, their movement within the inner lumen when the endoscope is articulated thereby preventing twisting and/or tangling of the tubes. However, Boulais does not specifically disclose a depth of the working channel tube cut-out portion measured from a central axis of the bending section to a radially outwardmost point on a periphery of the working channel tube cut-out portion, the depth gradually increasing along the bending section so that the working channel tube is positioned closer to the outer periphery in the distal end segment than in the proximal end segment, and wherein the working channel tube is arranged closer to the central axis of the bending section in the proximal end segment than in the distal end segment. Olson teaches an analogous device wherein the shaft wall (160) has varying thickness (Fig. 4; par. [0023]) to alter the flexibility of the shaft such that the region where the shaft wall is thinner is more flexible that then the region where the shaft wall is thicker (par. [0023]). Olson teaches that the flexibility of shaft at the proximal end is less than the flexibility of the shaft at the distal end (par. [0024]). Olson teaches that the flexibility profile of the shaft allows the endoscope to be navigated to and within certain body cavities, and to perform particular procedures (par. [0024]). It would have been obvious to one having ordinary skill in the art to modify the shaft of Boulais to make the shaft wall thickness gradually decrease from the proximal end to the distal end such that the bending section is more flexible at distal end than at its proximal end. Such flexibility profile of the shaft allows the endoscope to be navigated to and within certain body cavities, and to perform particular procedures, as taught by Olson. Modified Boulais provides a configuration wherein a depth of the working channel tube cut-out portion measured from a central axis of the bending section (central axis of 1200; Fig. 23P) to a radially outwardmost point on a periphery of the working channel tube cut-out portion (Fig. 23N – unlabeled cut-out portion in 1202), the depth gradually increasing along the bending section (Olson: Fig. 4; par. [0023]) so that the working channel tube is positioned closer to the outer periphery in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4) than in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4), and wherein the working channel tube is arranged closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) than in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4). Regarding claim 24, Boulais in view of Mitchell in view of Olson disclose a system comprising an endoscope according to claim 10 and a suction device (within 50; par. [0062]; Figs. 1C-1D), the handle of the endoscope comprising an outlet opening connectable to the suction device (Figs. 1C-1D – universal connector of 20 connecting to 50). Regarding claim 25, Boulais in view of Mitchell in view of Olson disclose the system of claim 24, wherein the endoscope further comprises a distal tip unit (400; Figs. 6A-6D) extending from the bending section (1200) and an image capturing means (490; Fig. 6C; par. [0144]) arranged at the distal tip unit (400), and wherein the system further comprises a monitor (Figs. 1C-D) configured to show an image captured by the image capturing means. Regarding claim 26, Boulais in view of Mitchell in view of Olson disclose the system of claim 25, wherein the working channel tube is arranged closer to the central axis of the bending section in the proximal end segment (due to the thicker shaft wall; see Olson: Fig. 4) than in the distal end segment (due to the thinner shaft wall; see Olson: Fig. 4) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Macnamara et al. US 2007/0233040 A1 Flexible Endoscope with Variable… Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RYNAE E BOLER/Examiner, Art Unit 3795 /ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 12/20/25 Application/Control Number: 18/037,609 Page 2 Art Unit: 3795 Application/Control Number: 18/037,609 Page 3 Art Unit: 3795 Application/Control Number: 18/037,609 Page 4 Art Unit: 3795 Application/Control Number: 18/037,609 Page 5 Art Unit: 3795 Application/Control Number: 18/037,609 Page 6 Art Unit: 3795 Application/Control Number: 18/037,609 Page 7 Art Unit: 3795 Application/Control Number: 18/037,609 Page 8 Art Unit: 3795 Application/Control Number: 18/037,609 Page 9 Art Unit: 3795 Application/Control Number: 18/037,609 Page 10 Art Unit: 3795 Application/Control Number: 18/037,609 Page 11 Art Unit: 3795 Application/Control Number: 18/037,609 Page 12 Art Unit: 3795 Application/Control Number: 18/037,609 Page 13 Art Unit: 3795 Application/Control Number: 18/037,609 Page 14 Art Unit: 3795 Application/Control Number: 18/037,609 Page 15 Art Unit: 3795 Application/Control Number: 18/037,609 Page 16 Art Unit: 3795 Application/Control Number: 18/037,609 Page 17 Art Unit: 3795 Application/Control Number: 18/037,609 Page 18 Art Unit: 3795 Application/Control Number: 18/037,609 Page 19 Art Unit: 3795 Application/Control Number: 18/037,609 Page 20 Art Unit: 3795
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Prosecution Timeline

May 18, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §103, §112
Apr 03, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
67%
With Interview (+4.8%)
3y 11m
Median Time to Grant
Low
PTA Risk
Based on 485 resolved cases by this examiner. Grant probability derived from career allow rate.

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