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
Applicant’s election without traverse of claims 16-20 in the reply filed on 12/23/2025 is acknowledged.
Claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/23/2025.
Drawings
The drawings are objected to because Figures 3-4 and 6-9 are greyscale images. Since the subject matter of these figures would be properly conveyed in black and white line drawings replacement black and white line drawings are required. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko (US 10,687,695 B2) in view of Patterson (US 5,249,818).
Claim 16: Kaneko discloses a method for manufacturing an articulating joint of a medical device, comprising: laser cutting a tubular member to form the articulating joint including a plurality of links (Col. 1, Lines 36-45; Col. 3, Lines 16-28) wherein each of the links (2,3 of Figure 4) extends from a proximal end to a distal end, the proximal end of each of the plurality of links including a proximal engaging feature (3a of Figure 1) and the distal end of each of the plurality of links including a distal engaging feature (feature of 3 that is the same as 2a in Figure 1; Col. 3, Lines 16-28), the proximal engaging feature of one of the links configured to movably engage the distal engaging feature of an adjacent one of the links to form a hinge (combination of 2a and 3a of Figure 1) via which adjacent links are rotatable relative to one another and the articulating joint is movable between a straight configuration and a bent configuration (Col. 3, Lines 36-42), the proximal and distal engaging features including partial bevels (2c,3c of Figures 2 and 3) corresponding to one another and extending therealong to prevent adjacent links from separating from one another (Col. 3 Line 62 to Col. 4, Line 5).
While Kaneko discloses a portion of the limitations recited in claim 1, Kaneko fails to disclose that the laser cutting is performed using a four-axis laser cutter including a laser movable along three axes and the tubular member rotatable about a longitudinal axis thereof.
However, Patterson teaches that it is known in the art to cut tubes using a laser (cutting beam generator of Figure 5) and to manipulate the relative position of the tube using a rotator (cnc rotator of Figure 5, axis-1) and CNC device (CNC Axial Translator of Figure 5, at least axis-2-4). The examiner notes that CNC devices are known to be capable of movement in three axis, X, Y, and Z.
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Patterson with that of Kaneko in order to provide a method that included cutting the tube of Kaneko using a 4-axis laser cutter such as that of Patterson because it is prima facie obvious to combine prior art elements by known methods in order to achieve predictable results (MPEP 2143(A)).
Claim 17: Kaneko as modified above by Patterson further discloses that the laser cuts the tubular member to define the hinge between adjacent links (combination of 2a and 3a of Figure 1), one of the proximal and distal engaging features including a pair of rounded tabs extending from diametrically opposing portions of a corresponding one of a proximal edge and a distal edge of each of the plurality of links and another one of the proximal and distal engaging features including a correspondingly sized and shaped pair of rounded indentations extending through a wall of each of the plurality of links along a corresponding one of the proximal and distal edges thereof (3a and 2a of Figure 1).
Claim 17: Kaneko as modified above by Patterson further discloses that the laser extends perpendicular relative to the longitudinal axis along a portion of the tubular member to cut a straight edge along corresponding portions of the proximal and distal engaging features (see edge 3 of Figure 2).
Claim 19: Kaneko as modified above by Patterson further discloses that the laser that the laser cuts a bevel along opposing sides of the rounded tabs and the indentations, an angle of the bevel determined via a distance of the laser from a longitudinal axis of the tubular member and a rotation of the tubular member (2c, 3c of Figure 3).
Claim 19: Kaneko as modified above by Patterson further discloses that the laser cuts out portions of the tubular member to define the proximal and distal edges of each of the links so that the proximal edge of each of the links tapers toward the proximal engaging feature and the distal edge of each of the links tapers toward the distal engaging feature so that there is sufficient space between adjacent links for the adjacent links to be rotated relative to one another (as depicted in Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L VAUGHAN whose telephone number is (571)270-5704. The examiner can normally be reached Mon-Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON L VAUGHAN/Primary Examiner, Art Unit 3726