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
Claims 1-2, 4-7, 9-13, 15-22, are rejected. Claims 3, 8, 14, are cancelled.
Claim Rejections - 35 USC § 112
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 1-2, 4-7, 9-13, 15-22, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “when the second bending axis is not aligned with the first bending axis, the second bending axis being oriented in a different spatial direction from the first bending axis such that an additional degree of the articulation movement in a bending direction not accessible by movement about the first bending axis alone is provided.”
Based on the recited claim language, it is unclear which element of the endoscopic device the above feature is associated with or providing the above feature.
Appropriate correction is required.
Claims 1-2, 4-7, 9-13, 15-22 are rejected for being dependent on a rejected base claim.
Allowable Subject Matter
Claim 1
The following is an examiner’s statement of reasons for allowable subject matter:
The prior art of record fails to explicitly teach or fairly suggest, alone or in combination, an endoscopic device: wherein the first external guiding element comprises an articulation control mechanism and is individually controlled to bend the elongate member about a second bending axis, and wherein the second bending axis relative to the first bending axis is configurable such that when the second bending axis is aligned with the first bending axis, an extent of movement about the first bending axis is increased, and when the second bending axis is not aligned with the first bending axis, the second bending axis being oriented in a different spatial direction from the first bending axis, an additional degree of the articulation movement in a bending direction not accessible by movement about the first bending axis alone is provided, along with the remaining features of claim 1.
The closest art Walen (US 20210068647) teaches external guiding element, for providing additional degrees of freedom. However, Walen does not teach providing an additional degree of the articulation movement in a bending direction not accessible by the movement about the first bending axis alone.
Another art Alvarez (US 20100280449) teaches outer tube (302), and inner tube (312). However, these tubes are controlled by common wire which could not provide additional degree of the articulation movement in a bending direction not accessible by the movement about the first bending axis alone.
Accordingly, claim 1 is considered to include allowable subject matter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 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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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
06/16/26