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 .
Election/Restrictions
Following applicant’s amendment to claim 4 in the claims filed on February 3, 2026, the examiner has agreed to rejoin claim 4.
Claim Interpretation
Claim 1, 26 and 27 have been amended to include the limitation “wherein the deflectable section is movable through the opening for the stabilizer”. This limitation appears to be directed to the embodiments illustrated in applicant’s Figs. 79, 80, 83A, 83B, 84A, 84B and 87E, all embodiments that were non-elected in the restriction requirement filed March 29, 2024. Although not shown in Fig. 21 or any other figures, for the purpose of examination, the examiner will be interpreting this limitation as the stabilizer 148 in Fig. 21 capable of looping back around the tip 108 so that tip 108 is movable through the opening of stabilizer 148.
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 4 is 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 4 recites the term "the control" in line 9. There is insufficient antecedent basis for this term in the claim.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4, dependent on claim 1, comprises the limitation “wherein the lumen extends through the deflectable section and the camera” which appears to contradict the limitation of claim 1 “a tip comprising a camera”.
Claim 1 recites the feature “a tip comprising a camera”, which appears to be directed to applicant’s embodiment of Figs. 16-18, where the tip 108 is shown as a tubular structure housing or comprising camera 114, separate from body 106. Claim 4 is dependent on claim 1 and the limitation “wherein the lumen extends through the deflectable section and the camera” does not appear to be illustrated in Fig. 16-18, as it does not appear that lumen 107 would pass through the camera 114.
Claim 4 appears to be directed to applicant’s embodiment of Figs. 23-26, where the tip 108 is synonymous to the body 106 in Figs. 16-18, and the camera 114 is synonymous to the tip 108 in Figs. 16-18. However, since claim 4 is dependent on claim 1, this interpretation would contradict the “tip comprising a camera” limitation of claim 1, as the tip 108 in applicant’s Fig. 25 does not comprise the camera 114. For the purpose of examination, the examiner is interpreting “wherein the lumen extends through the deflectable section and the camera” as “wherein the lumen extends through the deflectable section” to reflect the structure of applicant’s Fig. 16-18. Should the applicant make amendment to claims 1 and/or 4 to reflect the structure of applicant’s Figs. 23-26, examiner may reinterpret Oskin.
Claims 1, 2, 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Oskin et al.
(US2013/0190561) in view of Chu (US2017/0296271).
Regarding claim 1, Oskin discloses an access device comprising: a tube (elongated member 3); a
deflectable section (deflection of the distal portion 5 [0050]); a tip comprising a camera (Fig. 9A: distal
tip 9 comprises an image sensor 7 at distal end); a handle (handle assembly 2); and an electronics
module (Fig. 5: control module 24 and connector 17’), wherein the deflectable section has a first
configuration and a second configuration, wherein when the deflectable section is in the first
configuration, the deflectable section is straight, wherein when the deflectable section is in the second
configuration, the deflectable section has a curve (steering mechanism 11 including first actuator 14
and second actuator 15 configure to control deflection of distal portion 5 between substantially linear
configuration and curved configuration [0050]), wherein the electronics module is removably
connectable to an exterior of the handle (handle end 27 of connector 17’ includes first structure 28 to attach and detach from handle assembly 2 [0060]). Although Oskin discloses a stabilizer (working
channel may allow for the passage of instruments [0004]; medical instrument such as a snare may be
delivered into the patient’s body [0044]) passing through a working channel, Oskin does not further
describe the details of the instrument.
In the same field of endeavor, Chu discloses an access device (insertion device 200) comprising
a tube (Fig. 3: shaft 204); a deflectable section (insertion device 200 may include steering mechanism
for deflecting shaft 204 [0038], suggesting shaft 204 comprises a deflectable section), wherein the
deflectable section has a first configuration and second configuration (since shaft 204 is capable of
deflecting, the shaft 204 may be in a straight configuration or a bent configuration); a tip comprising a
camera (shaft 204 may comprise electronic components such as a camera [0039]); a handle (handle
202); and a stabilizer (Fig. 1 & 2: medical device 100 comprising end effector 104 [0032]), wherein the
stabilizer has a stabilizer first position and a stabilizer second position (at least a portion of end effector
104 is movable relative to a working channel 210 of insertion device 200 between an extended state
and a retracted state [0030]), wherein when the stabilizer is in the stabilizer first position, the stabilizer
is in a retracted configuration inside the access device and proximal a distal terminal end of the tip (Figs.
5 and 11: end effector 104 in first position, the retracted state in which at least end effector 104 is
positioned within working channel 210, proximally of distal end 208 of shaft 204 [0041]), wherein
when the stabilizer is in the stabilizer second position, the stabilizer is in an expanded configuration outside the access device and distal the distal terminal end of the tip (Figs. 4 and 13: end effector 104 in
a second position, the extended state, in which at least end effector 104 extends through working
channel 210 distally of distal end 208 of shaft 204, and is expanded outside shaft 204, as seen in Fig. 4
[0041]), wherein when the stabilizer is in the expanded configuration, the stabilizer defines an opening
(Fig. 4 & 13: end effector 104 may be basket 304, basket 404 or snare 502 [0031], in the instance
where end effector 104 is basket 304 [0043], there are openings between the legs 308 of basket 304 when in the expanded configuration), wherein when the stabilizer is in the expanded configuration, the entire opening is outside of the of the access device (as illustrated in Fig. 3 & 4, when in the expanded position, openings between the legs 308 are outside of the shaft 204), wherein when the stabilizer is in the expanded configuration, the opening is wider than the tip (Fig. 4: end effector 104 comprises the opening that appears wider than the distal end 208 of shaft 204). Oskin, modified to include the stabilizer of Chu, teaches wherein the deflectable section is movable through the opening of the stabilizer (the endoscope of Oskin, modified to include the end effector 104 of Chu passing through working channel 59 of Oskin, teaches wherein the distal portion 5 of Oskin is capable of moving through the opening of end effector 104 of Chu in a case wherein end effector 104 and elongated control member 102 is pushed distally enough and actuated backwards for the distal portion 5 to pass through the end effector 104). Since Oskin does not provide the details of the snare, it would have been obvious to one of ordinary skill in the art to have used any snare known in the endoscope art, such as the one taught by Chu, as the snare used in Oskin to manipulate and resect tissue.
Regarding claim 2, Oskin, modified by Chu, discloses the access device of claim 1. Oskin further
discloses wherein the handle comprises a control, wherein the deflectable section is movable from the
first configuration to the second configuration via the control, wherein the deflectable section is
movable from the second configuration to the first configuration via the control (steering mechanism 11
including first actuator 14 and second actuator 15 configure to control deflection of distal portion 5
between substantially linear configuration and curved configuration [0050]). Chu further teaches
wherein when the stabilizer is in the expanded configuration, the opening is wider than a maximum
width of a distal end of the access device proximal the stabilizer (Fig. 4 & 13: opening between legs 408
of end effector 104 is wider than the distal end 208 of shaft 204).
Regarding claim 35, Oskin, modified by Chu, discloses access device of claim 1. Chu further
teaches wherein when the stabilizer is in the expanded configuration, a distal terminal end of the access
device comprises the stabilizer (when the end effector 104 of Chu, analogous to applicant’s stabilizer,
is in the expanded configuration, while passing through the access device of Oskin, a distal terminal
end of the access device of Oskin comprises the end effector 104 of Chu, as the expanded end effector
104 of Chu would be outside and distal the working channel of Oskin).
Regarding claim 36, Oskin, modified by Chu, discloses the access device of claim 35. Chu further
teaches wherein when the stabilizer is in the retracted configuration, the distal terminal end of the
access device comprises the distal terminal end of the tip (when the end effector 104 of Chu, analogous
to applicant’s stabilizer, is in the retracted configuration, while within the access device of Oskin, a
distal terminal end of the access device of Oskin comprises the distal terminal end of the tip of the
access device of Oskin, as the retracted end effector 104 of Chu would be within the working channel
of Oskin).
Claims 4 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Oskin et al.
(US2013/0190561) in view of Chu (US2017/0296271) and Nielsen (US2024/0138658).
Regarding claim 4, Oskin, modified by Chu, discloses the access device of claim 1. Oskin further discloses wherein the handle comprises a connector on the exterior of the handle (Fig. 5: handle end 27 [0060]), and wherein the electronics module is removably connectable to the connector (connector 17’ may be fixedly attached to control module 24 and readily detachable from handle assembly 2 [0060]), wherein the electronics module is reusable (connector 17’ may be reusable, control module 24 strong suggests reusability [0060]), wherein the tube, the deflectable section, and/or the camera are disposable (medical device 1 may be disposable [0045], and technically any device may be disposable or single-use), wherein the deflectable section and/or the camera are movable in a first direction and in a second direction via the control, wherein the first direction is opposite the second direction (steering mechanism 11 including first actuator 14 and second actuator 15 configure to control deflection of distal portion 5 between substantially linear configuration and curved configuration [0050], actuator 14 is used for the up-down direction [0069], actuator 15 is used for the left-right direction [0072]), wherein the tube comprises a lumen, wherein the lumen extends through the deflectable section and the camera (working channel 59 extends through the elongated member 3, distal portion 5 [0088]), and wherein the tube, the deflectable section, and the camera comprise an endoscope (Fig. 1: elongated member 3, distal portion 5, distal tip 9 and image sensor 7 form the medical device 1).
Although Oskin discloses the control module comprising imaging electronics to process and transfer signals received from the camera system, suggesting a power source within the control module, Oskin fails to explicitly disclose wherein the control module comprises a battery.
In the same field of endeavor, Nielsen teaches a substantially similar device comprising a tube
(insertion tube 120), a camera (image sensor 112 [0092]), a handle (handle 118) and an electronics
module, wherein the electronics module is removably connectable to an exterior of the handle (Fig. 2-
3B: auxiliary component 150 comprises various electronic components [0078]; auxiliary component 150 is detached from the main device part [0080]), wherein when the electronics module is removably
connected the exterior of the handle (auxiliary component 150 is detached from the main device part
[0080]), and wherein the camera is powerable by a battery in the electronics module (auxiliary housing
may enclose elements of the auxiliary component such as the device processing unit and the device wireless communication module and the battery [0042], auxiliary component 150 may further comprise a battery 160 [0096], the battery 160 may be adapted to power the image sensor 112 [0100]). Since Oskin fails to disclose the source of power within the endoscope and control module, in view of Nielsen, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the battery, as taught by Nielsen, to the control module of Oskin to provide electrical power to the device.
Regarding claim 23, Oskin, modified by Chu, discloses the access device of claim 1. While Oskin
discloses the handle comprising a connector (17’) to connect to the control module, Oskin fails to
disclose the specific details in which the connector connects the control module to the handle.
In the same field of endeavor, Nielsen teaches a substantially similar device comprising a tube
(insertion tube 120), a camera (image sensor 112 [0092]), a handle (handle 118) and an electronics
module, wherein the electronics module is removably connectable to an exterior of the handle (Fig. 2-
3B: auxiliary component 150 comprises various electronic components [0078]; auxiliary component
150 is detached from the main device part [0080]). Nielsen further teaches wherein the exterior of the
handle comprises a first connector and a second connector (Fig. 3A: main terminals 132 and main
primary engagement member 142), wherein the electronics module is removably connectable to the
first connector and to the second connector (auxiliary component 150 connects to the main terminal
132 and main primary engagement member 142 through auxiliary terminals 172 and auxiliary primary
engagement member 182 [0083-0086]), wherein the first connector comprises an electrical connector
(Fig. 3A: main terminals 132 electrically connects to the light emitter and the image sensor [0083]), and wherein the second connector comprises a clip (auxiliary primary engagement member 182 can be
a protrusion that engages with main primary engagement member 142, a recess or vice versa [0086]),
wherein the handle comprises a handle tongue and a handle groove (Fig. 3a: handle tongue is the
primary surface 146 protruding from the main surface 140 [0087], handle groove is the main primary
engagement member 142 which can be a recess [0086]), wherein the electronics module comprises an
electronics module tongue and an electronics module groove (Fig. 3b: electronics module groove is the
auxiliary terminals 172 in a recessed surface of the auxiliary component 150, electronics module
tongue is the auxiliary primary engagement member 182 which is a protrusion), wherein when the
electronics module is removably connected to the exterior of the handle, the handle tongue is in the
electronics module groove, wherein when the electronics module is removably connected to the
exterior of the handle, the electronics module tongue is in the handle groove, wherein when the
electronics module is attached or removed from the handle, the handle tongue is configured to slide in
the electronics module groove, and wherein when the electronics module is attached to or removed
from the handle, the electronics module tongue is configured to slide in the handle groove (Fig. 3a & 3b:
auxiliary component 150 appears to slide downwardly onto main device part 110 so the primary surface 146 with main terminals 132 engages with the recessed surface of the auxiliary terminals 172,
the auxiliary primary engagement member 182 slides into the main primary engagement member
142). Since Oskin fails to the disclose the details of the connector to connect the handle to the control
module, it would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have used any known connection arrangement for detachable modules,
including the one taught by Nielsen, to electrically and mechanically connect the control module of
Oskin to the handle of Oskin.
Claims 26, 3, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Oskin in view
of Gorringe (US2021/0353132) and Chu.
Regarding claim 26, Oskin discloses an access device comprising: a tube (elongated member 3);
a deflectable section (deflection of the distal portion 5 [0050]); a camera (Fig. 3: image sensor 7); a tip
(tip 9 [0047]); and a handle comprising a two-way ratchet system having a control (first and second
actuators 14 and 15), a first pulley (second gear 223), a first gear having first teeth (first gear 222), a
second pulley (fourth gear, in similar arrangement to second gear 223 [0080]), a second gear having
second teeth (third gear, in similar arrangement to first gear 222), wherein the deflectable section is
movable from a first configuration to a second configuration, wherein the deflectable section is movable
from the first configuration to the second configuration via the control, wherein the deflectable section
is movable from the second configuration to the first configuration via the control, wherein when the
deflectable section is in the first configuration, the deflectable section is straight, wherein when the
deflectable section is in the second configuration, the deflectable section has a curve (steering
mechanism 11 including first actuator 14 and second actuator 15 configure to control deflection of
distal portion 5 between first substantially linear configuration and a second curved configuration
[0050]). Although Oskin briefly mentions a lock mechanism for each of the first actuator and the second to lock the elongated member in a desired linear or deflected position [0076], Oskin fails to disclose the
specific details of the lock systems and therefore fails to disclose a first catch releasably engageable with
the first teeth and a second catch engageable with the second teeth and thus also fails to disclose
wherein when the first catch is engaged with a tooth of the first teeth, the control is prevented from
rotating in a first direction, and wherein when the second catch is engaged with a tooth of the second
teeth, the control is prevented from rotating in a second direction opposite the first direction. In the
same field of endeavor, Gorringe teaches an access device comprising: a tube (shaft 110); a deflectable
section (Fig. 6: distal region 111 that can be deflected [0048]); a camera (image sensor 174); and a handle (handle 114) comprising a control (lever 118), a pulley (Fig. 7: cam 150 with groove 151 for
tensioning lines), a gear having teeth (engagement surface 168 can include a friction enhancing
member such as gear or teeth [0069 & 0071]) and a catch releasably engageable with the first teeth
(Fig. 5, 5, 9A-9B: engagement surface 166 of stopper 144 also includes complementary interlocking
member such as teeth to interlock with the teeth of the engagement surface 168 [0071]). Since Oskin
fails to disclose the details to the lock mechanism for each actuator, it would have been obvious to one
of ordinary skill in the art before the effective filing date of the claimed application to have used any
locking mechanism known in the endoscope art, including the one taught by Gorringe, as the locking
mechanisms to lock the control member and control wires of Oskin to hold the deflectable distal portion
in a desired position.
Although Oskin discloses a stabilizer (working channel may allow for the passage of
instruments [0004]; medical instrument such as a snare may be delivered into the patient’s body
[0044]) passing through a working channel, Oskin does not further describe the details of the instrument
or snare.
In the same field of endeavor, Chu discloses an access device (insertion device 200) comprising
a tube (Fig. 3: shaft 204); a deflectable section (insertion device 200 may include steering mechanism
for deflecting shaft 204 [0038], suggesting shaft 204 comprises a deflectable section), wherein the
deflectable section has a first configuration and second configuration (since shaft 204 is capable of
deflecting, the shaft 204 may be in a straight configuration or a bent configuration); a tip comprising a
camera (shaft 204 may comprise electronic components such as a camera [0039]); a handle (handle
202); and a stabilizer (Fig. 1 & 2: medical device 100 comprising end effector 104 [0032]), wherein the stabilizer has a stabilizer first position and a stabilizer second position (at least a portion of end effector 104 is movable relative to a working channel 210 of insertion device 200 between an extended state and a retracted state [0030]), wherein when the stabilizer is in the stabilizer first position, the stabilizer is in a retracted configuration inside the access device and proximal a distal terminal end of the tip (Figs. 5 and 11: end effector 104 in first position, the retracted state in which at least end effector 104 is positioned within working channel 210, proximally of distal end 208 of shaft 204 [0041]), wherein when the stabilizer is in the stabilizer second position, the stabilizer is in an expanded configuration and defines an opening outside the access device and distal the distal terminal end of the tip (Figs. 4 and 13: end effector 104 in a second position, the extended state, in which at least end effector 104 extends through working channel 210 distally of distal end 208 of shaft 204, and is expanded outside shaft 204, as seen in Fig. 4 [0041], openings are formed between the legs 408, 508 of the end effector, as seen in Fig. 13 and 15). Oskin, modified by Gorringe and Chu, teaches wherein the deflectable section is movable through the opening of the stabilizer (the endoscope of Oskin, modified to include the end effector 104 of Chu passing through the working channel 59 of Oskin, teaches wherein the distal portion 5 of Oskin is capable of moving through the opening of the end effector 104 of Chu in a case wherein end effector and elongated control member 102 is pushed distally enough and actuated backwards for the distal portion 5 to pass through the end effector 104). Since Oskin does not provide the details of the snare, it would have been obvious to one of ordinary skill in the art to have used any snare known in the endoscope art, such as the one taught by Chu, as the snare used in Oskin to manipulate and resect tissue.
Regarding claim 3, Oskin, modified by Gorringe and Chu, discloses the access device of claim 26.
Oskin further discloses the access device comprising a module, wherein the module is removably
connectable to the handle, wherein the module comprises an electronics module (connector 17’ may be
fixedly attached to control module 24 and readily detachable from handle assembly 2 [0060]). Oskin,
modified by Chu, further teaches wherein when the stabilizer is in the retracted configuration, a distal
terminal end of the access device comprises the distal terminal end of the tip (when the end effector
104 of Chu, analogous to applicant’s stabilizer, is in the retracted configuration, while within the
access device of Oskin, a distal terminal end of the access device of Oskin comprises the distal
terminal end of the tip of the access device of Oskin, as the retracted end effector 104 of Chu would
be within the working channel of Oskin), wherein when the stabilizer is in the expanded configuration,
the distal terminal end of the access device comprises the portion halfway between the first end and the
second end, wherein when the stabilizer is in the expanded configuration, the first end and the second
end are outside the access device and distal the distal terminal end of the tip (Annotated Fig. 4 & 10: when the end effector 104 of Chu, analogous to applicant’s stabilizer, is in the expanded
configuration, while passing through the access device of Oskin, the distal terminal end of the access
device of Oskin would comprise the portion halfway between the first end and the second end, and
the first end, the second end and the halfway portion are outside the access device and distal the
distal terminal end of the tip). Oskin further teaches wherein the first pulley and the second pulley have
the same axis of rotation (fourth gear has a similar arrangement as second gear 223, it appears that
the structure of the first gear and second gear mirrors that of the third gear and fourth gear across a
longitudinal plane of the access device [0079-0080], thus the fourth gear and the second gear share
the same axis of rotation).
Regarding claim 37, Oskin, modified by Gorringe and Chu, discloses the access device of claim 26. Chu further teaches wherein when the stabilizer is in the expanded configuration, a surface of the first end faces away from the access device, a surface of the second end faces away from the access device, and a surface of the portion halfway between the first end and the second end faces away from the access device (See annotated Fig. 10 below)
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Claims 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Meglan et al. (US2022/0202276) in view of Chu.
Regarding claim 27, Meglan discloses an access device comprising: a tube (probe 46 may be an elongated tube [0024]); an actuator (pull wires 14); a deflectable section (deflectable vertebra column 12); a camera (camera 30); a tip (distal tip 16), wherein the deflectable section is movable from a first configuration to a second configuration ,wherein when the deflectable section is in the first configuration, the deflectable section is straight, wherein when the deflectable section is in the second configuration, the deflectable section has a curve (Fig. 2: straight vertebra column 12; Fig. 13A: bent vertebra column 12), wherein the deflectable section comprises a hinge, a first segment having a first segment surface, a second segment having a second segment surface, and a gap between the first segment surface and the second segment surface (Annotated Fig. 9: hinge comprises a first segment surface and a second segment surface with a gap in between), wherein the first segment is rotatable relative to the second segment about the hinge, wherein the second segment is rotatable relative to the first segment about the hinge (Fig. 13A: first segment and second segment rotate relative to each other about the hinge), and wherein when the deflectable section is straight, the actuator is in the gap between the first segment surface and the second segment surface (Annotated Fig. 9: vertebra column 12 is straight and pull wire 14 is in the gap between the first segment surface and the second segment surface).
While Meglan discloses suitable tools capable of extending through a working channel within the tube and deflectable section (working channel 20 for hosting external tools [0039]), Meglan fails to disclose wherein the tool is a stabilizer. In the same field of endeavor, Chu teaches an access device (insertion device 200) comprising a tube (Fig. 3: shaft 204); a deflectable section (insertion device 200 may include steering mechanism for deflecting shaft 204 [0038], suggesting shaft 204 comprises a deflectable section), wherein the deflectable section has a first configuration and second configuration (since shaft 204 is capable of deflecting, the shaft 204 may be in a straight configuration or a bent configuration); a tip comprising a camera (shaft 204 may comprise electronic components such as a camera [0039]); a handle (handle 202). Chu further teaches the access device comprising a stabilizer (Fig. 1 & 2: medical device 100 comprising end effector 104 [0032]), wherein the stabilizer has a stabilizer first position and a stabilizer second position (at least a portion of end effector 104 is movable relative to a working channel 210 of insertion device 200 between an extended state and a retracted state [0030]), wherein when the stabilizer is in the stabilizer first position, the stabilizer is in a retracted configuration inside the access device and proximal a distal most opening of the access device (Figs. 5 and 11: end effector 104 in first position, the retracted state in which at least end effector 104 is positioned within working channel 210, proximally of distal end 208 of shaft 204 [0041]), wherein when the stabilizer is in the stabilizer second position, the stabilizer is in an expanded configuration and defines an opening outside the access device and distal the distal most opening of the access device (Figs. 4 and 13: end effector 104 in a second position, the extended state, in which at least end effector 104 extends through working channel 210 distally of distal end 208 of shaft 204, and is expanded outside shaft 204, as seen in Fig. 4 [0041], openings are formed between the legs 408, 508 of the end effector, as seen in Fig. 13 and 15). Meglan, modified to include the stabilizer of Chu, teaches wherein the deflectable section is movable through the opening of the stabilizer (the endoscope of Meglan, modified to include the end effector 104 of Chu passing through the working channel 20 of Meglan, teaches wherein the distal tip 6 of Meglan is capable of moving through the opening of the end effector 104 of Chu in a case wherein the end effector and elongated control member 102 is pushed distally enough and actuated backwards for the distal tip 6 to pass through the end effector 104). Since Meglan does not provide the details of the various tool capable of extending through the working channel, it would have been obvious to one of ordinary skill in the art to have used any tool known in the endoscope art, including the snare taught by Chu, as the tool used in Meglan to manipulate and resect tissue.
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Regarding claim 28, Meglan, modified by Chu, discloses the access device of claim 27. Meglan further discloses wherein more of the actuator is in the gap when the deflectable section is straight than when the deflectable section has the curve (Annotated Fig. 13A: less of the pull wire 14 appears in the gap when the vertebra column 12 is deflected, as the gap’s angle is decreased when the vertebra column 12 is deflected).
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Response to Arguments
Applicant's arguments filed February 3, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, 26 and 27, applicant has argued that Chu does not teach “wherein the deflectable section is movable through the opening of the stabilizer.” The examiner respectfully disagrees. The limitation “wherein the deflectable section is movable through the opening of the stabilizer” does not add structure to the claimed invention and does not require that the prior art explicitly show or disclose wherein the deflectable section is moved through the opening of the stabilizer. If the deflectable section of the prior art is capable of moving through the opening of the stabilizer, the prior art would read on this limitation. Thus, the shaft 204 of Chu, which is deflectable [0038], is capable of demonstrating this function. As seen in Chu’s Fig. 3 and 4, the end effector 104 and elongate control member 102 may be pushed further distally than as shown, where if sufficient length of the elongate control member 102 were extended past the distal end 208, the shaft 204 or distal end 208 can be moved relative to the end effector to pass through an opening of the end effector 104. Applying the end effector 104 and elongate control member 102 of Chu to the device of Oskin or Meglan, both of which comprise a deflectable section, would teach “wherein the deflectable section is movable through the opening of the stabilizer”. For the reasons stated above, the arguments were not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI-TING SONG whose telephone number is (571)272-5771. The examiner can normally be reached 8-5.
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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/LI-TING SONG/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
3/5/26