DETAILED ACTION
Response to Arguments
Applicant’s arguments, see pg. 6, filed 10/2/2025, with respect to the 112(b) rejections of claims 1-12 have been fully considered and are persuasive. The 112(b) rejections of 7/3/2025 has been withdrawn.
Applicant's arguments filed 10/2/2025 in regards to the 102(a)(2) rejection under Hornak have been fully considered but they are not persuasive. Following the Applicant’s further limiting of the key-hold structure in Claims 1, 13 and 14, the Examiner would like to direct the Applicant to the embodiment in Figs. 24-26D of Hornak. Paragraph [0177] describes how adjacent links may be rotated to create a helical oblong or oval like lumen having a first portion 582 and a larger second portion 584. This arrangement anticipates the Applicant’s key-hole design as limited in claims 1, 13, and 14. Further, Element 547a and 547b are described as adjacent links and clearly have closed circumferential structures as seen in Figs. 24 and 26A-D.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication 2024/0252026 to Hornak et al (hereinafter “Hornak”). In regards to claims 1-12, Hornak is closes an endoscopic device comprising:
At least one deflectable shaft segment (Element 103) having a distal end element and proximal end element (Fig. 1 shows both a proximal and distal end), at least one first intermediate element and at least one second intermediate element disposed between the distal end and the proximal end, the at least one first intermediate element and the at least one second intermediate element are directly adjacent and are deflectable with respect to each other (Figs. 24-25B, 547a and 547b, [0177]); wherein the first intermediate element (547a) and the second intermediate element (547b) each have a receiving recess which is closed along a circumference of the at least one first and the at least one second intermediate elements (See Fig. 26A-D) and in which at least one working channel and at least one conductor strand can be arranged (580, [0182]) and wherein the receiving recess has a first portion (582) and a second portion (584), wherein the first portion has a diameter that is smaller than a diameter of the second portion so as to form keyhole-like shape ([0182])
Wherein the deflectable shaft segment includes at least two webs lying opposite each other which integrally connect the at least one first intermediate element and the at least one second intermediate element wherein the at least two webs define an axis of rotation about which the first intermediate element and the second intermediate element are deflectable upon defection of the deflectable shaft (Element 172, Fig. 25A-B)
Wherein the first intermediate element and the second intermediate element are shaped differently from each other and are integrally connected to each other ([0147][0148] [0181])
Wherein, in a non-deflected state of the deflectable shaft segment, the receiving recesses of the at least one first and at least one second intermediate elements are arranged congruently to each other (Fig. 24 shows aligned recesses)
Wherein the receiving recess has a main axis, along which the receiving recess is mirror-symmetrical, and a secondary axis is oriented at least substantially perpendicular to the main axis and along which the receiving recess is not mirror-symmetrical (see annotated fig. 26C below)
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Wherein the receiving recess and the at least two webs are oriented with respect to one another such that, in a non-deflected state of the deflectable shaft segment, the main axis of the receiving recess is at least substantially parallel to the axis of rotation of the at least two webs (Fig. 26 shows recess axis and web axis of rotation are parallel similar to Applicant’s Fig. 2)
Wherein the at least one first intermediate element and the at least one second intermediate element each have at least two guide hooks which lie opposite each other and in which at least one control train for deflecting the deflectable shaft segment can be arranged ([0183]-[0184])
Wherein the guide hooks each have an insertion opening, the insertion opening of the at least one first intermediate element and the insertion opening of the at least one second intermediate element opening out in opposite directions (Fig. 27A, [0183][0184])
Wherein the guide hooks are arranged offset with respect to the at least two webs along a circumference of the at least one first and the at least one second intermediate elements (see elements 675 in Fig. 27A)
Wherein a camera head can be arranged on the distal end element ([0153])
Wherein the proximal end element can be connected to a further shaft segment in at least one of a force-fitting and form-fitting manner (Abstract, [0126] [0128])
An endoscope, in particular a flexible endoscope, and/or endoscopic instrument having at least one endoscopic device as set forth in claim 1 (Abstract, [0097], see rejection of claim 1 above)
An endoscopic device for a flexible endoscope and/or an endoscopic instrument, the endoscopic device comprising: at least one deflectable shaft segment (103) having a distal end element and a proximal end element (Fig. 1 shows both), at least one first intermediate element (574a) and at least one second intermediate element (574b) disposed between the distal end and the proximal end the at least one first intermediate element and the at least one second intermediate element are directly adjacent and are deflectable with respect to each other ([0177]); wherein the first intermediate element and the second intermediate element each have a receiving recess which is closed along a circumference of the at least one first and the at least one second intermediate elements (See Fig. 26A-D) and in which at least one working channel and at least one conductor strand can be arranged (580, [0182])and wherein the receiving recess is mirror-symmetrical about a main axis (see Fig. 26C below) and has an oval shape defined by a first circle (582) and a second circle (584), wherein the first circle has a first radius and the second circle has a second radius greater than the first radius ([0182] describes 584 as larger)
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An endoscopic device for a flexible endoscope and/or an endoscopic instrument, the endoscopic device comprising: at least one deflectable shaft segment (Element 103) having a distal end element and a proximal end element (Fig. 1 shows both), at least one first intermediate element (547a) and at least one second intermediate element (547b) disposed between the distal end and the proximal end the at least one first intermediate element and the at least one second intermediate element are directly adjacent and are deflectable with respect to each other ([0177]); wherein the first intermediate element and the second intermediate element each have a receiving recess which is closed along a circumference of the at least one first and the at least one second intermediate elements (See Fig. 26A-D) and in which at least one working channel and at least one conductor strand can be arranged (580, [0182]) and wherein the receiving recess includes a first portion (582) that is the shape of a circle and a second portion (584) contiguous with the first portion that is an archway, wherein the first portion delimits an area that is larger than an area delimited by the second portion so as to define a keyhole- like shape ([0182] describes 584 as larger)
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 MICHAEL JAMES CAREY whose telephone number is (571)270-7235. The examiner can normally be reached Monday-Friday (8am-5pm).
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/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795