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 .
Response to Amendment
The Amendment filed June 5th, 2026 has been entered. No claims have been amended. Claims 1-22 are pending in the application, with claim 17 withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 and 18-22 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.
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 10 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 10 recites the limitations "the first cam structure" and "the second cam structure" in their first appearances. There is insufficient antecedent basis for this limitation in the claim.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-8, 15-16, 18, 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fancher et al. (AU 2021382738 A1, hereinafter Fancher, using US 20230309796 A1 as an English equivalent).
Regarding Claim 1, Fancher discloses
An endoscope (endoscope assembly 100, FIG. 1) comprising:
a handle or interface (reusable hand-piece 200, FIG. 1),
the handle or interface having a housing (articulation brake outer housing 312 + articulation brake inner housing 307, FIG. 11);
an insertion cord (insertion tube 401, FIG. 1) extending from the housing and comprising an insertion tube (insertion tube 401, FIG. 1),
a bending section and a distal tip (distal end 407, FIG. 30; par. 201 discloses bendable distal shaft section of insertion tube);
a first steering wheel (up-down articulation knob 313 + left-right articulation knob 314, FIG. 11) rotatably supported at or by the housing (depicted in FIGS. 1, 11);
a first supporting rod (brake shafts 301, FIG. 11) having a longitudinal axis (rotation axis 350, FIGS. 2-3); and
a first braking mechanism (brake assembly 300, FIG. 11) comprising:
a first brake actuator (up-down articulation brake lever 305, FIGS. 12-14),
the first brake actuator being configured to receive a braking input by a user and to rotate about the longitudinal axis responsive to the braking input (par. 221 discloses brake lever rotates relative to brake housing/ brake assembly, i.e. rotation axis, to cause resistance/ braking of articulation knob);
a first braking cone portion (angled articulation brake friction disc 311, FIG. 11) including a first truncated cone braking surface (angled surface 351, FIG. 11) non-rotatably connected to the housing (depicted in FIG. 11),
a second braking cone portion (up-down articulation brake caliper 310, FIGS. 14, 20) including a second truncated cone braking surface (FIG. 17 depicts truncated conical surface of brake caliper) non-rotatably connected to the first brake actuator (FIG. 14, 17, par. 200, 229 disclose brake lever and brake inner housing are connected, par. 229 discloses the brake inner housing engages the brake caliper via an articulation hub and pins),
wherein the first truncated cone braking surface and/or the second truncated cone braking surface is/are axially translatable responsive to rotation of the first brake actuator to press the first truncated cone braking surface against the second truncated cone braking surface to brake the first steering wheel with respect to the housing (par. 221 discloses rotation of brake lever causes the articulation brake caliper to move towards and contact, i.e. press against, the angled surface of the articulation brake friction disc in order to brake the up-down articulation knob).
Regarding Claim 4, Fancher discloses
The endoscope of claim 1,
wherein the first brake actuator including a first cam structure (surface structure 900, FIG. 16) having a first cam surface (surface 900, FIG. 16),
the first braking cone portion including a second cam structure (surface structure 902, FIG. 16) having a second cam surface (surface 902, FIG. 16, par. 222 discloses braking interaction between inner housing and friction disc, i.e. the parts are connected),
the first cam surface contacting the second cam surface such that rotation of the first brake actuator axially translates the first braking cone portion (par. 229 discloses surfaces are configured to mate such that rotation of brake lever causes rotation of brake inner housing relative to the hand-piece, i.e. via friction disc, since par. 222 discloses braking interaction between inner housing and friction disc).
Regarding Claim 5, Fancher discloses
The endoscope of claim 4, wherein the first braking mechanism further comprises a first biasing element (articulation brake spring 309, FIG. 11) configured to bias the first cam structure toward the second cam structure (FIG. 11, par. 221 disclose articulation brake spring forces brake caliper towards friction disc, i.e. first structure towards the second).
Regarding Claim 6, Fancher discloses
The endoscope of claim 5, wherein the first biasing element is arranged between the first brake actuator and the first braking cone portion or between the second braking cone portion and the first steering wheel (depicted in FIG. 14).
Regarding Claim 7, Fancher discloses
The endoscope of claim 6, wherein the first biasing element is supported radially inside the first braking cone portion at a side opposite to the first truncated cone braking surface or radially inside the second braking cone element at a side opposite to the second truncated cone braking surface (depicted in FIG. 11, 20).
Regarding Claim 8, Fancher discloses
The endoscope of claim 4, wherein the first braking cone portion and/ or the second braking cone portion is elastically deformable at least in a radial direction (FIG. 11, par. 221 discloses compression of brake caliper in radial direction).
Regarding Claim 15, Fancher discloses
The endoscope of claim 1, wherein the second braking cone portion is formed integrally with the first steering wheel or is provided as a separate part arranged between the first steering wheel and the first braking cone portion (FIG. 11, par. 219 disclose brake caliper positioned within brake knob).
Regarding Claim 16, Fancher discloses
The endoscope of claim 1, wherein the first braking cone portion and/ or the second braking cone portion (310) includes a carrier element and a friction cone stacked onto each other (FIG. 17 discloses rectangular portion, i.e. carrier element, of brake caliper and cone portion, i.e. friction cone, of brake caliper are stacked onto each other).
Regarding Claim 18, Fancher discloses
A visualization system comprising:
the endoscope of claim 1 (see claim 1 rejection above); and
a monitor (monitor 5404, FIG. 54) connectable to the endoscope (par. 14, 299 disclose monitor connectable to endoscope).
Regarding Claim 22, Fancher discloses
The endoscope of claim 1,
wherein the first truncated cone braking surface comprises a truncated cone shape (depicted in FIG. 11), and
wherein the second truncated cone braking surface comprises a truncated cone shape (depicted in FIG. 17).
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.
Claim(s) 2-3, 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fancher et al. (AU 2021382738 A1, hereinafter Fancher, using US 20230309796 A1 as an English equivalent) as applied to claim 1 above, and further in view of Tomberg (US 20250000344 A1).
Regarding Claim 2, Fancher discloses all of the elements of the current invention disclosed in claim 1, however, Fancher does not disclose wherein an angle of the first truncated cone braking surface and/or the second truncated cone braking surface, with respect to the longitudinal axis, is between 8 and 30 degrees.
Tomberg teaches an analogous endoscope (flexible endoscope 10) having a handpiece (20, i.e. handle/ housing) with a braking mechanism, for a hand wheel (22/23, i.e. steering wheel) [0066, FIG. 3]. The braking mechanism having a first brake actuator (brake lever 42, FIG. 4a), a first braking cone portion (brake pad 104, FIG. 4a) including a first truncated cone braking surface (cone portion 104b + contact surface 104c, FIG. 4a) non-rotatably connected to the housing (par. 69 discloses brake pad is attached non-rotatably). The cone portion (104b, i.e. the first truncated cone braking surface) has an inclination, with respect to a radial direction, of 20 degrees.
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the truncated cone braking surface of Fancher with the inclination of Tomberg in order to provide an optimized braking surface which is adapted to the structural limitations of surrounding structures, allowing for smooth increases and decreases in braking torque [Tomberg - 0039].
Regarding Claim 3, Fancher discloses all of the elements of the current invention disclosed in claim 1, however, Fancher does not disclose wherein an angle of the first truncated cone braking surface and/or the second truncated cone braking surface, with respect to the longitudinal axis, is between 8 and 30 degrees.
Tomberg teaches an analogous endoscope (flexible endoscope 10) having a handpiece (20, i.e. handle/ housing) with a braking mechanism, for a hand wheel (22/23, i.e. steering wheel) [0066, FIG. 3]. The braking mechanism having a first brake actuator (brake lever 42, FIG. 4a), a first braking cone portion (brake pad 104, FIG. 4a) including a first truncated cone braking surface (cone portion 104b + contact surface 104c, FIG. 4a) non-rotatably connected to the housing (par. 69 discloses brake pad is attached non-rotatably). The cone portion (104b, i.e. the first truncated cone braking surface) has an inclination, with respect to a radial direction, of 20 degrees.
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the truncated cone braking surface of Fancher with the inclination of Tomberg in order to provide an optimized braking surface which is adapted to the structural limitations of surrounding structures, allowing for smooth increases and decreases in braking torque [Tomberg - 0039].
Regarding claim 9, Fancher discloses all of the elements of the current invention disclosed in claim 1, and Fancher further discloses wherein the first brake actuator comprises the second braking cone portion (depicted in FIG. 15).
However, Fancher does not disclose wherein the first braking cone portion forms at least one circumferential slit and the first brake actuator forms at least one first hook extending through the at least one circumferential slit.
Tomberg teaches an analogous endoscope (flexible endoscope 10) having a handpiece (20, i.e. handle/ housing) with a braking mechanism, for a hand wheel (22/23, i.e. steering wheel) [0066, FIG. 3]. The braking mechanism having a first brake actuator (brake lever 42, FIG. 4a), a first braking cone portion (brake pad 104, FIG. 4a) including a first truncated cone braking surface (cone portion 104b + contact surface 104c, FIG. 4a) non-rotatably connected to the housing (par. 69 discloses brake pad is attached non-rotatably). The brake pad (104) is attached to a brake pad holder (103, FIG. 6a, 6b) which forms sloped notches (123, i.e. circumferential slits) which co-operate with respective cam elements (cam elements 122, i.e. first hooks) of a brake toggle plate (102, FIG. 6a, 6b) which is coupled to the brake lever [FIG. 6a, 6b; 0066-0067].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the brake mechanism of Fancher with the slit and hook elements of Tomberg in order to improve braking capabilities by providing respective elements that connect the cone braking portion with the brake actuator and better limit axial movement [Tomberg - 0067].
Regarding Claim 10, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 9, and Tomberg further teaches
wherein the at least one first hook comprises a free end portion (depicted in modified FIG. 6b below, circled in red),
wherein the free end portion forms the first cam structure (FIG. 4b, 6b, par.
85 disclose brake toggle plate formed of cam elements), and
wherein a surface of the first braking cone portion opposite to the first brake actuator
forms the second cam structure (depicted in FIG. 6b).
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Modified FIG. 6b (US 20250000344 A1)
Regarding Claim 11, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 9, and Tomberg further teaches wherein the first braking cone portion and/ or the second braking cone portion forms axially extending slits (FIG. 5a, 5b depict slits in brake pad, as depicted in Modified FIG. 5b below).
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Modified FIG. 5b (US 20250000344 A1)
Regarding Claim 12, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 9, and Tomberg further teaches
wherein the first braking cone portion and/ or the second braking cone portion comprises a rim and slits (FIG. 5a, 5b disclose rim and slits in brake pad, as depicted in Modified FIG. 5b-A below),
the slits extending from the rim to provide elastic deformability to the first braking cone portion and/ or the second braking cone portion (par. 82-84 disclose inner section of cone portion is bent/ conical to allow for outward protrusion/ elasticity).
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Modified FIG. 5b (US 20250000344 A1)
Regarding claim 13, Fancher discloses all of the elements of the current invention disclosed in claim 1, and Fancher further discloses wherein the first brake actuator comprises the second braking cone portion (depicted in FIG. 15).
However, Fancher does not disclose wherein the first braking cone portion or the second braking cone portion comprises an amorphous plastic material, and wherein the other of the first braking cone portion or the second braking cone comprises a semi-crystalline plastic material.
Tomberg teaches an analogous endoscope (flexible endoscope 10) having a handpiece (20, i.e. handle/ housing) with a braking mechanism, for a hand wheel (22/23, i.e. steering wheel) [0066, FIG. 3]. The braking mechanism having a first brake actuator (brake lever 42, FIG. 4a), a first braking cone portion (brake pad 104, FIG. 4a) including a first truncated cone braking surface (cone portion 104b + contact surface 104c, FIG. 4a) non-rotatably connected to the housing (par. 69 discloses brake pad is attached non-rotatably). The brake pad (104) makes contact with a friction surface (105a, i.e. second truncated braking surface) of a hand wheel base plate (105, i.e. second braking portion) upon turning of the brake lever [FIG. 4b, 0074, 0082]. An elastically deformable lip of cone portion can be made of polyurethane, a typically amorphous plastic material and the material of the friction surface is chosen with the material of lip and controlling friction in consideration, i.e. semi-crystalline plastic material would remain consistent with lip and allow for good friction properties for contact with lip [0041-0042].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope of Fancher with the materials of Tomberg in order to modify the components of the brake mechanism to be able to provide specific elastic and frictional properties as required for a specific application and to be resistant to the mechanical, chemical and thermal conditions of medical sterilization processes [Tomberg - 0041].
Regarding Claim 14, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 13, and Tomberg further teaches
wherein the first braking cone portion or the second braking cone portion consists essentially of the amorphous plastic material (par. 41 discloses elastically deformable lip of cone portion can be made of polyurethane, a typically amorphous plastic material), and
wherein the other of the first braking cone portion or the second braking cone consists essentially of the semi-crystalline plastic material (par. 42 discloses material of friction surface chosen with material of lip and controlling friction in consideration, i.e. semi-crystalline plastic material would remain consistent with lip and allow for good friction properties for contact with lip).
Claim(s) 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fancher et al. (AU 2021382738 A1, hereinafter Fancher, using US 20230309796 A1 as an English equivalent) in view of Tomberg (US 20250000344 A1).
Regarding Claim 19, Fancher discloses
An endoscope (endoscope assembly 100, FIG. 1) comprising:
a handle or interface (reusable hand-piece 200, FIG. 1),
the handle or interface having a housing (articulation brake outer housing 312 + articulation brake inner housing 307, FIG. 11);
an insertion cord (insertion tube 401, FIG. 1) extending from the housing and comprising an insertion tube (insertion tube 401, FIG. 1),
a bending section and a distal tip (distal end 407, FIG. 30; par. 201 discloses bendable distal shaft section of insertion tube);
a first steering wheel (up-down articulation knob 313 + left-right articulation knob 314, FIG. 11) rotatably supported at or by the housing (depicted in FIGS. 1, 11);
a first supporting rod (brake shafts 301, FIG. 11) having a longitudinal axis (rotation axis 350, FIGS. 2-3); and
a first braking mechanism (brake assembly 300, FIG. 11) comprising:
a first brake actuator (up-down articulation brake lever 305, FIGS. 12-14),
the first brake actuator including a second braking cone portion (up-down articulation brake caliper 310, FIGS. 14, 20) including a second truncated cone braking surface (FIG. 17 depicts truncated conical surface of brake caliper) non-rotatably connected to the first brake actuator (FIG. 14, 17, par. 200, 229 disclose brake lever and brake inner housing are connected, par. 229 discloses the brake inner housing engages the brake caliper via an articulation hub and pins),
a first cam structure (surface structure 900, FIG. 16) having a first cam surface (surface 900, FIG. 16),
the first brake actuator being configured to receive a braking input by a user and to rotate about the longitudinal axis responsive to the braking input (par. 221 discloses brake lever rotates relative to brake housing/ brake assembly, i.e. rotation axis, to cause resistance/ braking of articulation knob);
a first braking cone portion (angled articulation brake friction disc 311, FIG. 11) including a first truncated cone braking surface (angled surface 351, FIG. 11) non-rotatably connected to the housing (depicted in FIG. 11),
the first braking cone portion including a second cam structure (surface structure 902, FIG. 16) having a second cam surface (surface 902, FIG. 16, par. 222 discloses braking interaction between inner housing and friction disc, i.e. the parts are connected),
wherein the first truncated cone braking surface and/or the second truncated cone braking surface is/are axially translatable responsive to rotation of the first brake actuator to press the first truncated cone braking surface against the second truncated cone braking surface to brake the first steering wheel with respect to the housing (par. 221 discloses rotation of brake lever causes the articulation brake caliper to move towards and contact, i.e. press against, the angled surface of the articulation brake friction disc in order to brake the up-down articulation knob),
wherein rotation of the first brake actuator causes the first cam surface to contact the second cam surface to axially translate the first braking cone portion (par. 229 discloses surfaces are configured to mate such that rotation of brake lever causes rotation of brake inner housing relative to the hand-piece, i.e. via friction disc, since par. 222 discloses braking interaction between inner housing and friction disc).
However, Fancher does not disclose wherein an angle of the second truncated cone braking surface, with respect to the longitudinal axis, is between 8 and 30 degrees.
Tomberg teaches an analogous endoscope (flexible endoscope 10) having a handpiece (20, i.e. handle/ housing) with a braking mechanism, for a hand wheel (22/23, i.e. steering wheel) [0066, FIG. 3]. The braking mechanism having a first brake actuator (brake lever 42, FIG. 4a), a braking cone portion (brake pad 104, FIG. 4a) including a truncated cone braking surface (cone portion 104b + contact surface 104c, FIG. 4a) non-rotatably connected to the housing (par. 69 discloses brake pad is attached non-rotatably). The cone portion (104b, i.e. the truncated cone braking surface) has an inclination, with respect to a radial direction, of 20 degrees.
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the truncated cone braking surface of Fancher with the inclination of Tomberg in order to provide an optimized braking surface which is adapted to the structural limitations of surrounding structures, allowing for smooth increases and decreases in braking torque [Tomberg - 0039].
Regarding claim 20, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 19, and Tomberg further teaches
wherein the first braking cone portion (104b) forms at least one circumferential slit (sloped notches 123) and the first brake actuator (42) forms at least one first hook (cam elements 122) extending through the at least one circumferential slit (par. 67 discloses sloped notches of disk portion co-operate with respective came elements of brake toggle plate).
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the brake mechanism of Fancher with the slit and hook elements of Tomberg in order to improve braking capabilities by providing respective elements that connect the cone braking portion with the brake actuator and better limit axial movement [Tomberg - 0067].
Regarding Claim 21, Fancher, as previously modified by Tomberg, teaches all of the elements of the current invention disclosed in claim 19, and Fancher further discloses
wherein the first truncated cone braking surface comprises a truncated cone shape (depicted in FIG. 11), and
wherein the second truncated cone braking surface comprises a truncated cone shape (depicted in FIG. 17).
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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights