DETAILED ACTION
Applicant's amendments and remarks, filed 9/19/25, are fully acknowledged by the Examiner. Currently, claims 1-6 are pending with claim 12-16 added, and claims 1-5 amended. Applicant's amendment to claims 3-5 has overcome the previously filed 35 USC 112(b) rejection. The following is a complete response to the 9/19/25 communication.
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 .
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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Felder (US 2017/0252096).
Regarding claim 1, Felder teaches a treatment tool comprising:
an insertion tube that is tubular (insertion tube 12), the insertion tube being configured to be at least partly inserted into a body (12 to be inserted into the body):
a distal end part that is provided at a distal end of the insertion tube and that is flexible with respect to the insertion tube (14 flexible via wrist 16);
a shaft that is provided in the distal end part (228) and that includes an outer circumferential surface positioned on a circumference of a circle having a given diameter on a rotation axis on which the distal end part is caused to flex with respect to the insertion tube (the distal end flexes with respect to 12, or 202 in the case of Fig. 6, via 208); and
a pair of transmitters each of which is inserted into the insertion tube and is fixed to the distal end part (226a and c), the pair of transmitters being configured to transmit a drive force that causes the distal end part to flex with respect to the insertion tube (226a and C to rotate 204), each transmitter being arranged along the outer circumferential surface with the shaft being sandwiched between the pair of transmitters (226a and C arranged such that 228 is between the transmitters as in Figs. 6-7) and, on a distal end side with respect to the shaft, the pair of transmitters extending in a state of being separate from each other in a distance smaller than a diameter of the outer circumferential surface of the shaft (226a and con opposite sides of the shaft as in Figs. 6 and 7).
Regarding claim 2, Felder teaches wherein only one shaft is provided (228), and the distal end part is flexible only on the rotation axis with respect to the insertion tube (204 flexible with respect to 228 only in the direction 228 is able to articulate, as in par. [0107] and Fig. 7 with 228 within 208).
Regarding claim 3, Felder teaches wherein a fall stopper for fixing the transmitter to the distal end part is provided at a distal end of the transmitter (par. [0107] cables with enlarged distal ends at the end of the cables, to be fixed to the end effector).
Regarding claim 4, Felder teaches wherein a holder configured to fix the transmitter by being locked in the fall stopper is provided in the distal end part (cable distal ends fixed via attachment mechanism as in par. [0107]).
Regarding claim 5, Felder teaches wherein the distal end part includes a pair of jaws configured to grasp living tissue (210 and 212), and the shaft is provided at least one of the pair of jaws (there is some relation between the shaft and the jaws as part of the same device).
Regarding claim 6, Felder teaches wherein the distal end part is configured to treat living tissue by applying treatment energy to the living tissue (par. [0113]).
Regarding claim 7, Felder teaches wherein an electrode configured to apply high-frequency energy to the living tissue according to a supplied power is provided in the distal end part, the high-frequency energy serving as the treatment energy (par. [0087] RF energy).
Regarding claim 8, Felder teaches wherein a heater configured to generate heat according to a supplied power (electrode for heat as in par. [0087]).
Regarding claim 9, Felder teaches wherein each of the pair of transmitters is formed by a wire (226a-c as cables).
Regarding claim 10, Felder teaches an operation portion configured to cause the pair of transmitters to move according to an operation performed by a user (control system 114 as in par. [0096] to control the device; par. [0105] input from tool housing).
Regarding claim 11, Felder teaches wherein, in a state in which the pair of transmitters are separate from each other approximately in parallel, the pair of transmitters extend toward a distal end of the treatment tool on a distal end side with respect to the shaft (226a and C extend toward a distal end of the treatment tool as in at least Figs. 6 and Fig. 7, while being parallel to each other).
Regarding claim 12, Felder teaches wherein the fall stopper is arranged on the distal end side with respect to the shaft (par. [0107] with the distal ends of 226a, c with fixed attachment to the end effector at the distal end).
Regarding claim 13, Felder teaches wherein the fall stopper is arranged on a distal end side with respect to the holder (enlarged diameters of cables 226a, c arranged distal of the engagement mechanism).
Regarding claim 14, Felder teaches wherein the holder is configured to hold the pair of transmitters (par. [0107]).
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) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Felder in view of Shelton (US 2014/0005662).
Regarding claim 15, Felder is not explicit wherein the holder includes a pair of insertion holes, and wherein each of the pair of insertion holes is configured to hold each of the pair of transmitters.
However, Shelton teaches cable passages 3524 as holes allowing for cables 444, 445, 446, 447 to be held as in Fig. 24 and par. [0238].It would have been obvious to one of ordinary skill in the art to modify Felder with the cable passage structure of Shelton, as detailed structure of securing the transmitters to the device.
Regarding claim 16, Felder is not explicit wherein the pair of insertion holes are spaced apart by a predetermined distance, and wherein the predetermined distance is smaller than the diameter of the outer circumferential surface of the shaft.However, Shelton teaches the insertion holes spaced apart by a predetermined distance (distance determined by the element construction), the distance smaller than the diameter of the outer circumferential surface of the shaft (Fig. 24).It would have been obvious to one of ordinary skill in the art to modify Felder with the cable passage structure of Shelton, as detailed structure of securing the transmitters to the device.
Response to Arguments
Applicant’s arguments, see the remarks, filed 9/19/25, with respect to the rejection(s) of claim(s) 1-11 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of Felder, specifically the shaft. Shelton has also been included as a secondary reference in the dependent claims.
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 BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794