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 .
Response to Amendment
The amendment filed 12/29/2025 has been entered. In the present application, claims 1-13 and 15-21 are currently pending. Claim 21 has been newly added. Claim 14 has been canceled. Claims 1-13 and 15-20 are amended.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the independent claims have been amended with new limitations. Independent claim 1 has been amended with the new limitation stating, “An distal portion of a medical device, comprising: an elevator … and a distal tip including a camera, wherein the elevator is pivotable relative to the distal tip, including the camera, when the distal tip is in a fixed position.” Independent claim 19 has been amended with the new limitation stating, “A distal portion of a medical device, comprising: a distal tip, including an imaging device; and an elevator, including: a first segment comprising an axle that is pivotably coupled to the distal tip of the medical device…wherein the elevator is pivotable relative to the distal tip, including the imaging device, when the distal tip is in a fixed position.”
Such newly added limitations change the scope of the claims, renders the previous rejection moot, and requires a new ground of rejection. As such the previous grounds of rejection identified in the non-final office action dated, , have been withdrawn and new grounds of rejection are presented below.
Please see section 35 U.S.C. §102 and 35 U.S.C. §103 below for further explanation.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
Control element, first control element, and second control element, in claims 1, 6, and 16, which have structural support within paragraph [0027] of the specification stating, “Elevator 26 may be pivotable via, e.g., an actuation wire or another control element that extends from handle 12, through shaft 14, to elevator 26;” and paragraph [0037] of the specification stating, “Control element 130 may include, for example, wire(s), cable(s), rod(s), chain(s), string(s), cord(s), or other suitable structures.” Support for such claim limitations are also in paragraphs [0029 and 0071] of the specification.
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
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.
Claims 1-5, 9-10, 12-13, 15-16, and 21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wolfgang et al. (WO2017025434A1) hereinafter Wolfgang [**Please note, [paragraph numbering] are annotated in the English translation.].
Regarding Claim 1, Wolfgang discloses an distal portion (Figs. 1-3, 6-9 endoscope head 1) of a medical device ([001] endoscope), comprising:
an elevator (Figs. 1-3, 6-9 pivotable working channel element 30) having:
a plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) joined together by at least one hinge (Figs. 6-8 rotating element 62, 62’, 62”), wherein a first segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’distal ring member 33, [072-098) is a discrete structure; and
a control element (Figs. 6-8 cable pull 7, Examiner’s Note: As stated above control element is being interpreted as an element similar to a wire or cable. Here Wolfgang teaches a cable pull 7 as a control element.) coupled to at least one segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]), wherein proximal or distal movement ([084-094]) of the control element (Figs. 6-8 cable pull 7) is configured to move ([084-094]) the at least one segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) relative to another of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]); and
a distal tip (Figs. 1-3, 6-9 endoscope head body 11) including a camera (Fig. 1 camera 16), wherein the elevator (Figs. 1-3, 6-9 pivotable working channel element 30) is pivotable relative to (Figs. 6-8) the distal tip (Figs. 1-3, 6-9 endoscope head body 11), including the camera (Fig. 1 camera 16), when the distal tip (Figs. 1-3, 6-9 endoscope head body 11) is in a fixed position.
Regarding Claim 2, Wolfgang discloses the distal portion of claim 1, wherein all of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) are discrete structures.
Regarding Claim 3, Wolfgang discloses the distal portion of claim 1, wherein the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) consists of the first segment and a second segment (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’, distal ring member 33, [072-098]).
Regarding Claim 4, Wolfgang discloses the distal portion claim 1, wherein, in a first configuration (Fig. 1, the absence of the pull on cable 7, [085]), all of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) lie along an approximately straight line (Fig. 1 illustrates pivotable working channel element 30 in a straight light, [075-082]).
Regarding Claim 5, Wolfgang discloses the distal portion of claim 4, wherein the approximately straight line (Fig. 1 illustrates pivotable working channel element 30 in a straight light, [075-082]) is approximately parallel to a longitudinal axis of the medical device (see annotated Fig. 1).
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Regarding Claim 9, Wolfgang discloses the distal portion claim 1, wherein a distalmost segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]), includes a socket (Fig. 1 cable end 71, [079] “The cable end is seated in the distal ring element 33, similar to the first exemplary embodiment.) on an outer surface (Fig. 1 near annotated 71 of distal ring member 33) of the distalmost segment (Figs. 6-8 distal ring member 33), wherein the socket (Fig. 1 cable end 71) is configured to receive a distal end of the control element (Figs. 6-8 cable pull 7).
Regarding Claim 10, Wolfgang discloses the distal portion claim 1, wherein the first segment (Figs. 6-8 distal ring member 33) includes a first distal surface (see annotated Fig. 6), wherein a second segment (Figs. 6-8 vertebral joint ring element 61’) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, distal ring member 33, [072-098) includes a first proximal surface (see annotated Fig. 6) and a second distal surface (see annotated Fig. 6), wherein a third segment (Figs. 6-8 vertebral joint ring element 61) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, distal ring member 33, [072-098) includes a second proximal surface (see annotated Fig. 6), wherein the first distal surface (see annotated Fig. 6) of the first segment (Figs. 6-8 distal ring member 33) and the first proximal surface (see annotated Fig. 6) of the second segment (Figs. 6-8 vertebral joint ring element 61’) are separated by a first angle (see annotated Fig. 6), wherein the second distal surface (see annotated Fig. 6) of the second segment (Figs. 6-8 vertebral joint ring element 61’) and the second proximal surface (see annotated Fig. 6) of the third segment (Figs. 6-8 vertebral joint ring element 61) are separated by a second angle(see annotated Fig. 6), and wherein the second angle (see annotated Fig. 6) differs from the first angle (see annotated Fig. 6).
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Regarding Claim 12, Wolfgang discloses the distal portion claim 1, wherein the at least one hinge(Figs. 6-8 rotating element 62, 62’, 62”) includes a pin or rivet (Figs. 6-8 bearing 63, 63’, 63”).
Regarding Claim 13, Wolfgang discloses the distal portion of claim 1, wherein a distalmost segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, distal ring member 33, [072-098) includes a distally extending protrusion (see annotated Fig. 6), wherein the control element (Figs. 6-8 cable pull 7) is affixed to the distally extending protrusion (see annotated Fig. 6).
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Regarding Claim 15, Wolfgang discloses the distal portion of claim [[14]] 1, wherein at least one of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098) is configured to rotate, while the control element (Figs. 6-8 cable pull 7) moves distally ([084-094]), relative to [[the]] a proximalmost segment ([084-094]) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098) before the proximalmost segment ([084-094]) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098)rotates with respect to the distal tip (Figs. 1-3, 6-9 endoscope head body 11) of the medical device ([001] endoscope).
Regarding Claim 16, Wolfgang discloses a distal portion (Figs. 1-3, 6-9 endoscope head 1) of a medical device ([001] endoscope), comprising:
an elevator (Figs. 1-3, 6-9 pivotable working channel element 30) including a plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098) joined together by at least one hinge (Figs. 6-8 rotating element 62, 62’, 62”); and
a first control element (Figs. 6-8 cable pull 7, Examiner’s Note: As stated above control element is being interpreted as an element similar to a wire or cable. Here Wolfgang teaches a cable pull 7 as a control element.) coupled to only a distalmost segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]), wherein proximal or distal movement ([084-094]) of the first control element (Figs. 6-8 cable pull 7) is configured to move ([084-094]) the distalmost segment (Figs. 6-8 distal ring member 33) of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) relative to another of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]);
Regarding Claim 21, Wolfgang discloses a distal portion of claim 16, wherein the distal portion (Figs. 1-3, 6-9 endoscope head 1) includes a distal tip (Figs. 1-3, 6-9 endoscope head body 11) having an imaging device (Fig. 1 camera 16), wherein the elevator (Figs. 1-3, 6-9 pivotable working channel element 30) is pivotable with respect to the distal tip (Figs. 1-3, 6-9 endoscope head body 11), including the imaging device (Fig. 1 camera 16), while the distal tip (Figs. 1-3, 6-9 endoscope head body 11) is in a fixed position.
Claims 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Masubuchi et al. (US5460168) hereinafter Masubuchi.
Regarding Claim 16, Masubuchi discloses a distal portion (Figs. 20a-23 hard member 71) of a medical device (endoscope, abstract), comprising:
an elevator (Figs. 20a-23 erecting base 74) including a plurality of segments (Figs. 20a-23 illustrate erecting base 74 divided into 3 segments all separated by two hinge portions 89) joined together by at least one hinge (Figs. 20a-23 hinge portions 89) and
a first control element (Fig 20a wire 76, Examiner’s Note: As stated above control element is being interpreted as an element similar to a wire or cable. Here Masubuchi teaches a wire 76 as a control element.) coupled to only a distalmost segment (Fig. 23 near segment of base 74 near reference numeral 90) of the plurality of segments (Figs. 20a-23 illustrate erecting base 74 divided into 3 segments all separated by two hinge portions 89), wherein proximal or distal movement of the first control element (Fig 20a wire 76) is configured to move the distalmost segment (Fig. 23 near segment of base 74 near reference numeral 90) of the plurality of segments (Figs. 20a-23 illustrate erecting base 74 divided into 3 segments all separated by two hinge portions 89) relative to another of the plurality of segments (Figs. 20a-23 illustrate erecting base 74 divided into 3 segments all separated by two hinge portions 89, [col. 20 lines 29-60]);
Regarding Claim 17, Masubuchi discloses the distal portion of claim 16, wherein at least two segments of the plurality of segments (Figs. 20a-23 illustrate erecting base 74 divided into 3 segments all separated by two hinge portions 89) are formed monolithically (Figs. 20a-23) with one another.
Regarding Claim 19, Masubuchi discloses a distal portion (Figs. 20a-23 hard member 71) of a medical device (endoscope, abstract), comprising:
a distal tip (Figs. 20a-23 hard member 71 distal to the groove 81 and is covered by cap 70), including an imaging device (Figs. 56-57 object lens 255 that is under glass cover 43 and Fig. 20a illustrates glass cover 43); and
an elevator (Figs. 20a-23 erecting base 74), including:
a first segment (see annotated Figs. 21/23) comprising an axle (see annotated Fig. 21) that is pivotably coupled (via fixing portion 77) to the distal tip (Figs. 20a-23 hard member 71 distal to the groove 81 and is covered by cap 70) of the medical device (endoscope, abstract);
a second segment (see annotated Figs. 21/23);
a third segment (see annotated Figs. 21/23);
a first hinge (see annotated Fig. 21) between the first segment (see annotated Figs. 21/23) and the second segment (see annotated Figs. 21/23); and
a second hinge (see annotated Fig. 21) between the second segment (see annotated Figs. 21/23) and the third segment (see annotated Figs. 21/23), wherein the first segment (see annotated Figs. 21/23) includes a first distal surface (see annotated Fig. 23), wherein the second segment (see annotated Figs. 21/23) includes a first proximal surface (see annotated Fig. 23) and a second distal surface (see annotated Fig. 23), wherein the third segment (see annotated Figs. 21/23)includes a second proximal surface (see annotated Fig. 23), wherein the first distal surface (see annotated Fig. 23) of the first segment (see annotated Figs. 21/23) and the first proximal surface (see annotated Fig. 23) of the second segment (see annotated Figs. 21/23) are separated by a first angle (see annotated Fig. 23), wherein the second distal surface (see annotated Fig. 23) of the second segment (see annotated Figs. 21/23) and the second proximal surface (see annotated Fig. 23) of the third segment (see annotated Figs. 21/23) are separated by a second angle (see annotated Fig. 23), and wherein the second angle (see annotated Fig. 23) differs from the first angle (see annotated Fig. 23),
wherein the elevator (Figs. 20a-23 erecting base 74)is pivotable relative to the distal tip (Figs. 20a-23 hard member 71 distal to the groove 81 and is covered by cap 70), including the imaging device (Figs. 56-57 object lens 255 that is under glass cover 43 and Fig. 20a illustrates glass cover 43), when the distal tip (Figs. 20a-23 hard member 71 distal to the groove 81 and is covered by cap 70) is in a fixed position.
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Regarding Claim 20, Masubuchi discloses the elevator distal portion of claim 19, wherein the first segment (see annotated Figs. 21/23), the second segment (see annotated Figs. 21/23), and the third segment (see annotated Figs. 21/23) are formed monolithically (Figs. 20a-23) with one another.
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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.
Claims 6-8, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wolfgang in view of Iwasaka et al. (US2012/0238805) hereinafter Iwasaka.
Regarding Claim 6, Wolfgang discloses the distal portion of claim 1, wherein the control element (Wolfgang - Figs. 6-8 cable pull 7) is a first control element (Wolfgang - Figs. 6-8 cable pull 7) but is silent as to further disclose the elevator comprises a second control element coupled to the at least one segment of the plurality of segments, wherein proximal or distal movement of the second control element is configured to move the at least one segment of the plurality of segments relative to another of the plurality of segments.
However Iwasaka, in the same field of endeavor teaches, wherein the elevator further comprising a second control element (Fig. 4 wire 70B) coupled to the at least one segment of the plurality of segments (Fig. 4 joint rings 60, 62), wherein proximal or distal movement of the second control element is configured to move the at least one segment of the plurality of segments (Fig. 4 joint rings 60, 62) relative to another of the plurality of segments (Fig. 4 joint rings 60, 62) ([0056] “On the other hand, each of the operation wires 68, 70A, and 70B is passed through the insertion part 14 and connected with a wire pulling mechanism within the operation part 12. The wire pulling mechanism has a mechanism to pull or loosen each of the operation wires 68, 70A, and 70B in conjunction with a rotating operation of each of the angle knobs 18 and 20 of the operation part 12, and the wire pulling mechanism pulls or loosens each of the operation wires 68, 70A, and 70B so that the bending part 32 bends in accordance with an operation of each of the angle knobs 18 and 20.”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Wolfgang with the teachings of Iwasaka to have the elevator comprises a second control element coupled to the at least one segment of the plurality of segments, wherein proximal or distal movement of the second control element is configured to move the at least one segment of the plurality of segments relative to another of the plurality of segments for the benefit of having the elevator bend in “…a four-directionally, vertically and laterally, bendable structure” (Iwasaka – [0051]).
Regarding Claim 7, Wolfgang in view of teaches the distal portion of claim 6, wherein each of the plurality of segments (Wolfgang - proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) defines a first channel (Wolfgang – [079] “Respective cable pull channels are formed in the ring elements 31, 61, 61', 33. The respective cable pull channels correspond to the cable pull channel in the proximal ring element 31 of the first exemplary embodiment. The cable end is seated in the distal ring element 33, similar to the first exemplary embodiment.”) for receiving the first control element (Wolfgang - Figs. 6-8 cable pull 7).
Wolfgang is silent at explicitly disclosing wherein each of the plurality of segments defines a second channel for receiving the second control element.
However Iwasaka, in the same field of endeavor, teaches wherein each of the plurality of segments (Fig. 4 joint rings 60, 62) defines a second channel ([0052] “Further, lower wire receiving parts 64E and 66E, left wire receiving parts 64F and 66F, and right wire receiving parts 64G and 66G, each of which has a passage hole that an operation wire passes through, are formed so as to project from inner surfaces of each first joint ring 60 and each second joint ring 62, respectively.”) for receiving the second control element (Fig. 4 wire 70B).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Wolfgang with the teachings of Iwasaka to include each of the plurality of segments defines a second channel for receiving the second control element for the benefit of having the elevator bend in “…a four-directionally, vertically and laterally, bendable structure” (Iwasaka – [0051]) by having a guide surface that allows “…pulling of the two operations wires and loosening the other” (Iwasaka [0023-0024]).
Regarding Claim 8, Wolfgang in view of teaches the distal portion of claim 6, wherein the first control element (Wolfgang - Figs. 6-8 cable pull 7) is coupled to a first actuator of a handle of the medical device (Wolfgang – [064] “On the proximal side of the endoscope, the cable 7 is connected to a control element such as a joystick. In the rest position, no force is applied to the cable 7.”), but is silent at explicitly discloses wherein the second control element is coupled to a second actuator of a handle of the medical device, wherein the first actuator is separately actuatable from the second actuator.
However Iwasaka, in the same field of endeavor, teaches wherein the second control element Fig. 4 wire 70B) is coupled to a second actuator (Fig. 1 knob 20, [0056]) of a handle (Fig. 1 operation part 12) of the medical device (Fig. 1 endoscope 10), wherein the first actuator (Fig. 1 knob 18) is separately actuatable from the second actuator (Fig. 1 knob 20).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Wolfgang with the teachings of Iwasaka to include wherein the first control element is coupled to a first actuator of a handle of the medical device (Fig. 1, and wherein the second control element is coupled to a second actuator of a handle of the medical device, wherein the first actuator is separately actuatable from the second actuator for the benefit of controlling the elevator to go into multiple directions (Iwasaka – [0052-0059].
Regarding Claim 11, Wolfgang discloses the distal portion claim 1, wherein each segment of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098) includes a base wall, a first side wall, and a second side wall, wherein the first side wall of each segment defines a channel configured to receive the control element (Wolfgang - Figs. 6-8 cable pull 7 – [079] “Respective cable pull channels are formed in the ring elements 31, 61, 61', 33. The respective cable pull channels correspond to the cable pull channel in the proximal ring element 31 of the first exemplary embodiment. The cable end is seated in the distal ring element 33, similar to the first exemplary embodiment.”), but is silent at explicitly disclosing wherein a width of the first side wall of each segment is greater than a width of the second side wall of each segment.
However Iwasaka, in the same field of endeavor, teaches a width of the first side wall (see annotated Fig. 4)of each segment (Fig. 4 joint rings 60, 62) is greater than a width of the second side wall (see annotated Fig. 4) of each segment (Fig. 4 joint rings 60, 62).
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It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Wolfgang with the teachings of Iwasaka to include wherein a width of the first side wall of each segment is greater than a width of the second side wall of each segment for the benefit of the inside surface of the plurality of segments creating “…cross-section having the shape of an arc having a predetermined central angle” (Iwasaka – [0055]) for the treatment tool to travel along.
Regarding Claim 18, Wolfgang discloses a distal portion of claim 16, wherein each of the plurality of segments (Figs. 6-8 proximal ring element 31, vertebral joint ring element 61, 61’ distal ring member 33, [072-098]) defines a first channel (Wolfgang – [079] “Respective cable pull channels are formed in the ring elements 31, 61, 61', 33. The respective cable pull channels correspond to the cable pull channel in the proximal ring element 31 of the first exemplary embodiment. The cable end is seated in the distal ring element 33, similar to the first exemplary embodiment.”) for receiving the first control element (Wolfgang - Figs. 6-8 cable pull 7).
Wolfgang is silent at explicitly disclosing wherein each of the plurality of segments defines a second channel for receiving the second control element.
However Iwasaka, in the same field of endeavor, teaches wherein each of the plurality of segments (Fig. 4 joint rings 60, 62) defines a second channel ([0052] “Further, lower wire receiving parts 64E and 66E, left wire receiving parts 64F and 66F, and right wire receiving parts 64G and 66G, each of which has a passage hole that an operation wire passes through, are formed so as to project from inner surfaces of each first joint ring 60 and each second joint ring 62, respectively.”) for receiving the second control element (Fig. 4 wire 70B).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Wolfgang with the teachings of Iwasaka to include each of the plurality of segments defines a second channel for receiving the second control element for the benefit of having the elevator bend in “…a four-directionally, vertically and laterally, bendable structure” (Iwasaka – [0051]) by having a guide surface that allows “…pulling of the two operations wires and loosening the other” (Iwasaka [0023-0024]).
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 MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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