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 11/25/2025 has been entered. Claims 1, 5-9 are pending in the application with claim 1 amended, claims 8, 9 withdrawn, claims 2-4 cancelled.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshitani et al. (WO 2019/013243 A1, hereinafter Yoshitani) using US2020/0100652 as an English equivalent in view of Ailinger et al. (US Patent No. 5,271,381, hereinafter Ailinger).
In regard to claim 1, Yoshitani discloses a flexible tube (3a) for an endoscope (2), the flexible tube comprising:
a flexible-tube base (11, 12) that is tubular and that has flexibility (Fig. 2); and
a polymer cover layer (15) covering the flexible-tube base (Fig. 2),
wherein the flexible-tube base has a spiral tube (11) made of a metal strip and a tubular mesh member (12) covering the spiral tube and made of braided metal wires (Par. 42), and
the flexible tube comprises, between the flexible-tube base and the polymer cover layer, a primer layer including a silane coupling agent (Par. 9),
wherein the silane coupling agent includes an amino silane coupling agent (Par. 9), wherein the polymer cover layer has a two-layer structure (17, 18) composed of an inner layer and an outer layer and a polyurethane elastomer is included at least in the inner layer in contact with the primer layer (Par. 76).
Yoshitani does not expressly teach the tubular mesh member has a porosity of 3% to 6%.
Ailinger teaches an analogous endoscope comprising an insertion tube (31) having a bending section (32). The insertion tube includes a plurality of vertebrae (39) surrounded by a metal braid (72) and, a polymeric jacket (74) and a sheath (76). The metal braid (72) is a relatively heavy braid providing greater torsional stability. The metal braid (72) preferably provides a coverage of 85-100% (Col. 7, Lines 17-27).
Therefore, it would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the tubular mesh member (12) of Yoshitani to provide a coverage in the range of 94-97% as taught by Ailinger since Ailinger teaches the range of coverage can be 85-100% which encompasses the range of 94-97% provides increased torsional stability and adjusting the coverage would merely increase or decrease the degree of torsional stability of the insertion tube. There being no unexpected results in modifying the tubular mesh member of Yoshitani to have a coverage within the range of 85-100% as taught by Ailinger, which encompasses the range of 94-97%.
In regard to claim 5, Yoshitani teaches wherein metal that constitutes the flexible-tube base is stainless steel (Par. 124).
In regard to claim 6, Yoshitani teaches wherein metal that constitutes the flexible-tube base has a passivation film on a surface of the metal (Par.124).
In regard to claim 7, Yoshitani and Ailinger discloses an endoscopic medical device (2) comprising the flexible tube for an endoscope according to claim 1 (see rejection of Claim 1).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 5-7 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.
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/RYAN N HENDERSON/ Primary Examiner, Art Unit 3795 January 20, 2026