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 .
Election/Restrictions
Claims 5-12, 16-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/9/2026. Applicant elects the invention I) reading on claims 1-20 and further elects species A.a.i. reading on claims 1-4, 13-15, and 35.
Applicant traverses the restriction between Apparatus and Method (page 11). For further clarification, the apparatus tensioning mechanism can also be interpreted as the steering mechanism which operates in a completely different manner to reducing slack. In addition to the provided reasons, the method process can be performed by hand, i.e. providing tension to pull wires, either directly or indirectly.
Applicant also traverses the species restriction (page 12) on the basis that the numerous multiple different variations of the tensioning mechanism imposes no serious search burden and that the species relate to the same structural and functional concept, adding that the “search would involve the same terminology”. This is not deemed persuasive since each variant imposes different structural restrictions requiring different structures/terms to search, i.e. springs, knobs, levers, pins, shuttles, ratchets, buttons, wedges, etc. Each term provides potentially numerous variations along with differing supporting structures which increases the already serious search burden and therefore applicant’s arguments are found to be not persuasive.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Tensioning mechanism in claim 1 and 35;
Rotatable strain relief in claim 4;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-4, 13, 15, 35 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Chikama US5,167,221.
Chikama discloses for claim 1, “An endoscope (embodiment of fig 6 with corresponding superseding embodiments, e.g. figs 2 and 5) comprising:
a handpiece housing (body 2; fig 1, 2, 6);
an elongate flexible shaft (flexible insertion tube 3 with connecting member 10c; fig 1, 6) extending from the handpiece housing;
a pull wire (pair of wires 30; fig 2, 6) extending from the handpiece housing into the elongate flexible shaft;
a control knob (knob 22; fig 1, 2, 6) connected to the handpiece housing to tension the pull wire and induce bending of the elongate flexible shaft (5:16-24); and
a tensioning mechanism (adjustment ring 40; fig 6) configured to adjust tension in the pull wire to remove slack between the elongate flexible shaft and the control knob (6:30-7:2 describes rotation of the ring to extend and contract the position of the tube 3 with respect to the body 2)”.
Chikama discloses for claim 2, “The endoscope of claim 1, wherein the tensioning mechanism is configured to adjust a position of the elongate flexible shaft relative to the handpiece housing to indirectly adjust tension in the pull wire (6:30-7:2 describes rotation of the ring to extend and contract the position of the tube 3 with respect to the body 2)”.
Chikama discloses for claim 3, “The endoscope of claim 2, wherein the tensioning mechanism comprises a rotatable hub (adjustment ring 40; fig 6) positioned around the elongate flexible shaft that is configured to induce axial translation of the elongate flexible shaft (6:30-7:2 describes rotation of the ring to extend and contract the position of the tube 3 with respect to the body 2)”.
Chikama discloses for claim 4, “The endoscope of claim 3, wherein the rotatable hub is positioned outside of the handpiece housing and is connected to a rotatable strain relief (lock nut 50; fig 6; 7:3-11 describes lock nut 50 as abutting and therefore connected to the rotatable hub providing physical support from further displacement as the claimed strain relief) positioned around the elongate flexible shaft”.
Chikama discloses for claim 13, “The endoscope of claim 2, further comprising a locking mechanism (lock nut 50; fig 6; 7:3-11 describes the locking function of the nut) to maintain the elongate flexible shaft in a distal position after the tensioning mechanism has been engaged”.
Chikama discloses for claim 15, “The endoscope of claim 1, wherein the control knob (knob 22; fig 1) is part of an actuation mechanism connected to the pull wire to pull on the pull wire independently of the tensioning mechanism (5:16-24 describe the knob function for steering)”.
Chikama discloses for claim 35, “An apparatus for removing slack of a bending wire in an endoscope, the apparatus comprising:
an elongate flexible shaft (flexible insertion tube 3 with connecting member 10c; fig 1, 6);
a pull wire (pair of wires 30; fig 2, 6) extending into the elongate flexible shaft; and
a tensioning mechanism (adjustment ring 40; fig 6) configured to adjust tension in the pull wire to remove slack in the elongate flexible shaft without inducing bending of the elongate flexible shaft (6:30-7:2 describes rotation of the ring to extend and contract the position of the tube 3 with respect to the body 2)”.
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose or fairly suggest either singly or in combination the claimed endoscope comprising, inter alia, “a release mechanism configured to actuate the tensioning mechanism when the endoscope is removed from a packaging component, wherein the release mechanism comprises a tether attached to the tensioning mechanism to activate the tensioning mechanism”. Chikama as the closest prior art does not disclose or suggest a release mechanism in the form of a tether, and no secondary reference has been deemed to provide a sufficient teaching with motivation to modify Chikama in such a manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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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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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
05/31/26
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