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 .
Notice of Amendment
The Amendment filed 5/5/2026 has been entered. Claims 1, 4-10 are pending in the application with claims 1, 4-10 amended, claim 10 withdrawn, claims 2, 3 cancelled.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.
Claim 9 is 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 9 teaches the limitation “a diameter of which is less than a diameter of the profiled tube and of the tube segment” in Lines 4-5, wherein it’s unclear how the tongue can have a diameter of the profiled tube and tube segment since the tongue forms a portion of the profiled tube and/or tube segment. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (US Patent Application Publication No. 2016/0135666, hereinafter Hashimoto).
In regard to claim 1, Hashimoto discloses a shaft (1, Fig. 1) for an Albarran (the overtube is capable of use with al Albarran), the shaft comprising:
a distal end of the shaft configured to connect to an Albarran lever (the distal end of the shaft is capable of connecting to an Albarran lever since as can be seen in Fig. 1 the pullwires (5, 6) are configured to a deflecting tubular member (9) at a distal end of the overtube);
a proximal end of the shaft configured to connect to a main body with a drive body (the proximal end of the shaft is configured to connect to an endoscope which contains a drive body for articulating the endoscope and overtube);
at least two pull wire guides (3, 4) configured to house at least one pull wire (5, 6), the at least one pull wire being configured to move the Albarran lever by a toggle on the drive body (the pull wire is capable of the claimed function since Hashimoto teaches of pull wires (5, 6) deflecting tubular member (9) due to curving mechanism (105) being operated via control knobs on the endoscope, Par. 49, Fig. 6);
the shaft being configured to mount an optical unit inside the shaft (the shaft houses an endoscope which contains an optical unit (103)), wherein:
the shaft and the at least two pull wire guides are formed in one piece (Fig. 1 illustrate the overtube formed as an integral unit);
the shaft is formed as a profiled tube (2) having the at least two pull wire guides (3, 4) formed as protrusions;
the protrusions are parallel to one another and are parallel to a longitudinal axis of the profiled tube (Figs. 1,3);
the protrusions constitute a cross-sectional widening of the profiled tube (Figs. 1,3);
an outer surface of the profiled tube defines a first circumference (Figs. 1,3); and
the protrusions form part of the outer surface of the profiled tube and project radially outward (Figs. 1,3).
In regard to claim 4, Hashimoto teaches wherein a size, or a radius of curvature, or a shape of at least one of the protrusions corresponds to a size, or a radius of curvature, or a shape of the at least one pull wire (Figs. 2-3, the protrusions are sized to allow pull wires to translate therethrough).
In regard to claim 5, Hashimoto teaches wherein the at least one of the protrusions is configured to enclose the at least one pull wire partially (Figs. 2-3).
In regard to claim 6, Hashimoto teaches wherein a tube segment (via endoscope mounted within a distal end of the profiled tube) is arranged to at least one of a distal end of the profiled tube and at a proximal end of the profiled tube (Fig. 1).
In regard to claim 7, Hashimoto teaches wherein the tube segment is configured concentrically with respect to a longitudinal axis of the profiled tube. and the tube segment has a same radius of curvature as the profiled tube (Figs. 1,3, wherein the radius of curvature of the inner circumference of the overtube (1) corresponds to an outer diameter of the insertion section (101) of the endoscope (100)).
In regard to claim 9, Hashimoto teaches wherein at least one of the proximal end of the profiled tube, the distal end of the profiled tube, and a distal end of the tube segment (distal end of the endoscope), comprises a concentric tongue, a diameter of which is less than a diameter of the profiled tube and of the tube segment (the distal tip of the endoscope has a smaller diameter than the profiled tube since it resides within the profiled tube).
Claims 1 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cawood Jr. et al. (US Patent No. 4,178,920, hereinafter Cawood).
In regard to claim 1, Cawood discloses a shaft (17,32) for an Albarran (Fig. 2), the shaft comprising:
a distal end of the shaft configured to connect to an Albarran lever (via connectable to lever (25), Fig. 2);
a proximal end of the shaft configured to connect to a main body with a drive body (via connectable to handle (16), Fig. 2);
at least two pull wire guides (32,32) configured to house at least one pull wire (28a,28b), the at least one pull wire being configured to move the Albarran lever by a toggle on the drive body (Fig. 2, via operating lever (34));
the shaft being configured to mount an optical unit inside the shaft (via endoscope (11)), wherein:
the shaft and the at least two pull wire guides are formed in one piece (Figs. 2,3 via welded together);
the shaft is formed as a profiled tube (17) having the at least two pull wire guides (32,32) formed as protrusions (Figs. 2,3);
the protrusions are parallel to one another and are parallel to a longitudinal axis of the profiled tube (Figs. 2,3);
the protrusions constitute a cross-sectional widening of the profiled tube (Figs. 2,3);
an outer surface of the profiled tube defines a first circumference (Figs. 2,3); and
the protrusions form part of the outer surface of the profiled tube and project radially outward (Figs. 2,3).
In regard to claim 4, Cawood teaches wherein a size, or a radius of curvature, or a shape of at least one of the protrusions corresponds to a size, or a radius of curvature, or a shape of the at least one pull wire (Figs. 3-4).
In regard to claim 5, Cawood teaches wherein the at least one of the protrusions is configured to enclose the at least one pull wire partially (Figs. 3-4).
In regard to claim 6, Cawood teaches wherein a tube segment (18) is arranged to at least one of a distal end of the profiled tube and at a proximal end of the profiled tube (Fig. 2).
In regard to claim 7, Cawood teaches wherein the tube segment is configured concentrically with respect to a longitudinal axis of the profiled tube. and the tube segment has a same radius of curvature as the profiled tube (an inner diameter of the tube segment has a same radius of curvature as an outer diameter of the profiled tube).
In regard to claim 8, Cawood teaches wherein the tube segment is configured to be welded to the profiled tube (the tube segment (18) and profiled tube (17) are capable of being welded together).
Response to Arguments
Applicant’s arguments with respect to claims 1, 4-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 RYAN N HENDERSON whose telephone number is (571)270-1430. The examiner can normally be reached Monday-Friday 6am-5pm (PST).
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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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/RYAN N HENDERSON/Primary Examiner, Art Unit 3795 May 21, 2026
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