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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/2026 has been entered.
Disposition of Claims
Claims 1 and 3-5 are pending.
Claim 2 is canceled.
Response to Arguments
Applicant’s arguments, see Pages 4-8, filed on 3/19/2026, with respect to the rejections under 35 U.S.C. § 102 of Claim 1 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 Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 25, “the bending sectional tubes” should read “the bending sectional tube.”
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.
(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.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Appl. Publ. No. 2023/0069698 A1 to Hallauer et al. (“Hallauer”).
Regarding claim 1, Hallauer discloses a segmented bending section assembly for a disposable ureteroscope (an endoscope-type or catheter-type medical device 1 includes an insertion tube; Fig. 1, paragraph 0043), comprising:
a bending sectional tube (the insertion tube 2 includes, upstream of distal head 4 a flexible structure, for folding or tip-deflecting 6 according to the disclosure enabling the orienting of the distal head 4 relative to the longitudinal axis L of the insertion tube 2; Fig. 1, paragraph 0045), wherein a plurality of groups of steering notches are formed in a side wall of the bending sectional tube, a first group of steering notches are distributed in an axial direction of the bending sectional tube, a second group of steering notches and the first group of steering notches are provided on the side wall of the bending sectional tube in a staggered manner (the flexible structure 6 includes a tube 15 cut by cutting lines T coming from an energy beam in order to produce rings or tubular vertebrae 16 that nest in one another via a first series of cut-out areas 17m, 17f forming rotation pivots and by a second series of cut-out areas 18m, 18f also forming rotation pivots. The cut-out areas 17m, 17f of the first series extend diametrically opposite relative to the cut-out areas 18, 18f of the second series in order to form a first pivot axis X; Fig. 9-10, paragraph 0047), a plurality of U-shaped limiting grooves arranged in the axial direction of the bending sectional tube are formed in a side wall of a tail portion of the bending sectional tube (the axial and radial blocking system 40 includes a cutout 41 created axially in the proximal tubular vertebra 16p, parallel to its longitudinal axis; Fig. 14-16, paragraph 0072);
elastic tubes (each actuating cable 13 is surrounded by a sheath 13g over at least part of its length; Fig. 14-16, paragraph 0046), wherein the elastic tubes penetrate into the tail portion of the bending sectional tube (Fig. 14, paragraph 0072), an axial end portion of each of the elastic tubes abuts against a bottom wall of a corresponding one of the plurality of U-shaped limiting grooves (the slot 43 is bordered by an axial stop rim 45a for the sheath 13g of the actuating cable 13. The sheath 13g has a distal end 13d intended to press on the axial stop rim 45a; Fig. 15, paragraph 0074), a side wall of each of the elastic tubes abuts against an inside wall of the corresponding one of the plurality of U-shaped limiting grooves (the pressing tab 44 is designed to radially press the sheath 13g against the two stop edges 41a of the cutout 41; Fig. 14-16, paragraph 0073), and an outer diameter of each of the elastic tubes is greater than a width of the corresponding one of the plurality of U-shaped limiting grooves (the width of this cutout between its stop edges 41a is determined in order to allow a partial engagement of the sheath 13g inside the cutout 41; Fig. 14-16, paragraph 0072); each of the elastic tubes is welded to the corresponding one of the plurality of U-shaped limiting grooves (it should be noted that when the sheath 13g is in abutment against the axial stop rim 45a, it is possible to weld the sheath 13g to the proximal tubular vertebra 16p in such a way as to block the translation of the sheath 13g. To this effect, a weld is produced, for example between the distal end 13d of the sheath 13g on one hand and the axial rim 45a and/or the stop edges 41a of the proximal tubular vertebra 16p on the other; Fig. 15, paragraph 0075); and
traction cables (at least one actuating cable 13; Fig. 16, paragraph 0046),
wherein a tube body of the bending sectional tube is internally provided with a plurality of wire-passing channels for the traction cables to pass through (each tab 25 is pushed back inside the tube in order to form a guide eye for the actuating cable 13; Fig. 6, paragraph 0065), and each of the traction cables penetrates through a corresponding one of the elastic tubes and a corresponding one of the plurality of wire-passing channels and then are fixedly connected to a front end of the bending sectional tube which is opposed to the tail portion of the bending sectional tube (at least one actuating cable 13 mounted inside the insertion tube 2 in order to be fixed at the distal head 4; Fig. 2, paragraph 0046), and
wherein each of the plurality of U-shaped limiting grooves is closed at one end thereof by the bottom wall and open at an opposite end thereof in the axial direction of the bending sectional tube (the slot 43 is bordered by an axial stop rim 45a for the sheath 13g of the actuating cable 13; Fig. 15-16, paragraph 0074).
Regarding claim 3, Hallauer discloses a segmented bending section assembly for a disposable ureteroscope according to claim 1. Hallauer further discloses wherein each of the plurality of wire-passing channels comprises a plurality of wire-passing holes, and the plurality of wire-passing holes are formed by punching the side wall of the bending sectional tube toward an inner side of the bending sectional tube (some of the tubular vertebrae 16 include at least one tab 25 cut out of the tube 15 by two parallel cutout lines 25a, while remaining attached to the tube at its ends via attachment zones 25b. Each tab 25 is pushed back inside the tube in order to form a guide eye for the actuating cable 13; Fig. 6, paragraph 0065).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hallauer in view of U.S. Patent Appl. Publ. No. 2024/0407772 A1 to Gafford et al. (“Gafford”).
Regarding claim 4, Hallauer discloses the segmented bending section assembly for a disposable ureteroscope according to claim 1. However, Hallauer does not explicitly disclose wherein a spacing between two adjacent steering notches in a same group gradually increases from the front end of the bending sectional tube to a tail end of the bending sectional tube.
Gafford teaches wherein a spacing between two adjacent steering notches in a same group gradually increases from the one end of the bending sectional tube to the other (a distal section 364 of the insertion shaft portion 360 has the slots 368 arranged with a small pitch, which produces flexibility in that portion. The slot pitch increases toward a proximal section 366, which has a reduced degree of flexibility; Fig. 18, #368, paragraph 0171). Gafford teaches the laser cut slot pattern of a circumferential brickwork pattern helps to reduce the stiffness of the tube while maintaining a neutral axis at the geometric center of the tube, such that the tube can bend omni-directionally (paragraph 0171).
Gafford is considered to be analogous to the claimed invention because it is in the same field of bending tubes for an endoscope. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the bending tube of Hallauer to incorporate the teachings Gafford by including the laser cut slot pattern where the spacing between the notches is gradually increased from one end of the bending sectional tube to the other. Doing so would help to reduce the stiffness of the tube while maintaining a neutral axis at the geometric center of the tube, such that the tube can bend omni-directionally, as recognized by Gafford.
Regarding claim 5, Hallauer discloses the segmented bending section assembly for a disposable ureteroscope according to claim 1. However, Hallauer does not explicitly disclose wherein both ends of each steering notch are provided with flared portions.
Gafford teaches wherein both ends of each steering notch are provided with flared portions (the base of each slot can include a stress relieving cut-out 458 that extends the roots axially, in the direction of the central axis of the tube 450. In the example configuration of FIG. 22, the cut-outs 458 resemble a T-shape. Other shapes, such as circular or elliptical cutouts, can also be used; Fig. 22, #458, paragraph 0185). Gafford teaches that the flared portions help to reduce stress concentrations that might form at the end of each slot (paragraph 0185).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the steering notches of Hallauer to incorporate the teachings Gafford by adding a flared portion to both ends of the steering notch. Doing so would reduce stress concentrations that might forms at the end of each steering notch, as recognized by Gafford.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA G STARKEY whose telephone number is (571)272-3375. The examiner can normally be reached Monday-Friday 8:00-5:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLIVIA GRACE STARKEY/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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