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
Claims 11-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/12/2025.
Applicant’s election without traverse of claims 1-10, 15-20 in the reply filed on 11/12/2025 is acknowledged.
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.
Claim(s) 1-6, 8-10, 15-20is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitagawa (US 20120170970 A1).
Regarding claim 1, Kitagawa teaches A bending portion for use with an endoscope, comprising:
a plurality of bending pieces (fig. 2, element 29, [0049], cylindrical part 29), wherein adjacent bending pieces of the plurality of bending pieces are rotatably coupled to each other by at least one coupling fastener (fig. 2, element 32/33, [0051-53], protrusion parts 32 fitted to hole parts 33);
a wire (fig. 2, element 41, [0044], angle wires 41) configured to transmit a traction operating force to a first bending piece included in the plurality of bending pieces; and
a pin (fig. 6, element 34, [0058], wire receiving member 34) located in a first hole (fig. 6, element 38, [0060], opening 38) in the first bending piece,
wherein a first end portion (fig. 6, element 37, [0061], engagement part 37) of the pin protrudes from the first hole past an outer circumference surface of the first bending piece,
wherein a second end portion (fig. 6, element 36, [0060], wire insertion part 36) of the pin protrudes from the first hole past an inner circumference surface of the first bending piece, wherein a third portion of the pin (fig. 6, element 34, the pin is a continuous solid and hence has a middle part between both ends) is between the first end portion and the second end portion, and the third portion of the pin contacts a surface of the first hole,
wherein the first end portion has a first width dimension that is larger than an opening dimension of the first hole (fig. 6, element 37), and
wherein the wire is attached to the second end portion (fig. 6, element 36, [0060], wire insertion part 36).
Regarding claim 2, Kitagawa teaches The bending portion according to claim 1,
wherein the second end portion has a second width dimension that is larger than the opening dimension of the first hole (fig. 19, element 25, [0112-113, 116], the hole 38 is tapered such that the outer side 38f is larger than the inner side 38s).
Regarding claim 3, Kitagawa teaches The bending portion according to claim 1,
wherein the second end portion includes a through-hole in which the wire is located (fig. 6, element 36, [0060], wire insertion part 36).
Regarding claim 4, Kitagawa teaches The bending portion according to claim 3,
wherein the pin extends in a longitudinal direction from a first end surface of the first end portion to a second end surface of the second end portion (fig. 6, element 34, the pin has a longitudinal axis between first and second ends), and
wherein an axis of the through-hole intersects the longitudinal direction of the pin (fig. 6, element 38, the pin enters at an angle normal to the hole).
Regarding claim 5, Kitagawa teaches The bending portion according to claim 1,
wherein the bending portion is configured to be attached to an insertion portion of the endoscope (fig. 1, element 21, [0042], insertion part 21),
wherein the plurality of bending pieces is arranged in a longitudinal direction of the bending portion to form a longitudinally arranged plurality of bending pieces, and the first bending piece is located at a distalmost end of the longitudinally arranged plurality of bending pieces (fig. 2, element 25, [0065], flexible tube unit 25), and
wherein the first bending piece includes a second hole (fig. 9, element 34, [0062], openings 38 are formed in upper, lower, left, and right positions of cylindrical parts) that opposes the first hole across a longitudinal axis of the longitudinally arranged plurality of bending pieces.
Regarding claim 6, Kitagawa teaches The bending portion according to claim 5,
wherein the first bending piece further includes a third hole and a fourth hole (fig. 9, element 34, [0062], openings 38 are formed in upper, lower, left, and right positions of cylindrical parts),
wherein the third hole opposes the fourth hole across the longitudinal axis, and
wherein a first straight line connects a center of the first hole and a center of the second hole, a second straight line connects a center of the third hole and a center of the fourth hole, and the first straight line intersects the second straight line (any two points, i.e. two holes, form a straight line. However, [0062] also indicates an even distribution of holes).
Regarding claim 8, Kitagawa teaches The bending portion according to claim 1,
wherein the wire is inserted through a plurality of guide portions (fig. 3, element 34) respectively arranged at each of the plurality of bending pieces.
Regarding claim 9, Kitagawa teaches The bending portion according to claim 8,
wherein the at least one coupling fastener includes a first coupling fastener (fig. 2, element 32, [0051], protrusion part 32) and a second coupling fastener (fig. 2, element 33, [0052], hole part 33), and
wherein, in each of the plurality of bending pieces, the first coupling fastener and the second coupling fastener are located at positions separated in a circumferential direction from positions of the guide portions (fig. 3, elements 34 do not align with elements 32/33).
Regarding claim 10, Kitagawa teaches An endoscope, comprising:
the bending portion according to claim 1 (fig. 1, element 20, [0042], endoscope 20).
Regarding claim 15, Kitagawa teaches The bending portion according to claim 1,
wherein the first width dimension is in a common orientation with the opening dimension (fig. 6, element 38, the pin enters at an angle normal to the hole).
Regarding claim 16, Kitagawa teaches The endoscope according to claim 10,
wherein the first width dimension is in a common orientation with the opening dimension (fig. 6, element 38, the pin enters at an angle normal to the hole).
Regarding claim 17, Kitagawa teaches The bending portion according to claim 3,
wherein the at least one coupling fastener includes a first coupling fastener(fig. 2, element 32, [0051], protrusion part 32; fig. 2, element 33, [0052], hole part 33) coupling the first bending piece and a second bending piece proximally adjacent to the first bending piece,
wherein an axis of the through-hole intersects a longitudinal direction of the plurality of bending pieces (fig. 3, element 34, wires and through holes run longitudinally within the bending section), and
wherein the pin is disposed at a circumferential position around a center axis of the first bending piece corresponding to a circumferential position of the first coupling fastener (fig. 3, elements 34 do not align with elements 32/33).
Regarding claim 18, Kitagawa teaches The bending portion according to claim 3,
wherein an axis of the through-hole is along a longitudinal direction of the plurality of bending pieces (fig. 3, element 34, wires and through holes run longitudinally within the bending section).
Regarding claim 19, Kitagawa teaches The bending portion according to claim 1,
wherein the at least one coupling fastener includes a first coupling fastener fig. 2, element 32, [0051], protrusion part 32) and a second coupling fastener (fig. 2, element 33, [0052], hole part 33) coupling the first bending piece and a second bending piece, the second bending piece located proximally adjacent to the first bending piece,
wherein the pin includes a first pin and a second pin, the first pin includes a first through-hole in which a first wire is located, the second pin includes a second through-hole in which a second wire is located (fig. 3, element 34, multiple wire receiving members on each joint ring),
wherein the second pin is located in a second hole (fig. 6, element 38, [0060], opening 38) in the first bending piece, the second pin includes:
a first end portion (fig. 6, element 37, [0061], engagement part 37) protruding from the second hole past the outer circumference surface of the first bending piece, a second end portion (fig. 6, element 36, [0060], wire insertion part 36) protruding from the second hole past the inner circumference surface of the first bending piece, a third portion between the first end portion of the second pin and the second end portion of the second pin, and the third portion of the second pin contacts a surface of the second hole, wherein the first end portion of the second pin has a first width dimension that is larger than an opening dimension of the second hole (fig. 6, element 37), wherein a first axis of the first through-hole and a second axis of the second through-hole intersect a longitudinal direction of the plurality of bending pieces (fig. 6, holes are normal to the longitudinal axis of the insertion portion),
wherein the first pin is disposed at a first circumferential position around a center axis of the first bending piece corresponding to a first circumferential position of the first coupling fastener, and
wherein the second pin is disposed at a second circumferential position around the center axis of the first bending piece corresponding to a second circumferential position of the first coupling fastener (fig. 3, elements 34).
Regarding claim 20, Kitagawa teaches The bending portion according to claim 1,
wherein the at least one coupling fastener includes a first coupling fastener (fig. 2, element 32, [0051], protrusion part 32) and a second coupling fastener (fig. 2, element 33, [0052], hole part 33) coupling the first bending piece and a second bending piece, the second bending piece located proximally adjacent to the first bending piece,
wherein the pin includes a first pin, a second pin and a third pin, the first pin includes a first through-hole in which a first wire is located, the second pin includes a second through-hole in which a second wire is located, the third pin includes a third through-hole in which a third wire is located (fig. 3, element 34, multiple wire receiving members on each joint ring),
wherein the second pin and the third pin are each located in a second hole and a third hole (fig. 6, element 38, [0060], opening 38) in the first bending piece,
the second pin and the third pin each include:
a first end portion (fig. 6, element 37, [0061], engagement part 37) of the second pin protruding from the second hole past the outer circumference surface of the first bending piece, a first end portion of the third pin (fig. 6, element 37, [0061], engagement part 37) protruding from the third hole past the outer circumference surface of the first bending piece, a second end portion of the second pin (fig. 6, element 36, [0060], wire insertion part 36) protruding from the second hole past the inner circumference surface of the first bending piece, a second end portion (fig. 6, element 36, [0060], wire insertion part 36) of the third pin protruding from the third hole past the inner circumference surface of the first bending piece, a third portion of the second pin between the first end portion of the second pin and the second end portion of the second pin, and the third portion of the second pin contacts a surface of the second hole, a third portion of the third pin between the first end portion of the third pin and the second end portion of the third pin, and the third portion of the third pin contacts a surface of the third hole, wherein each of the first end portion of the second pin and the first end portion of the third pin have a first width dimension that is larger than each of an opening dimension of the second hole and an opening dimension of the third hole (fig. 6, element 37),
wherein a first axis of the first through-hole and a second axis of the second through-hole intersect a longitudinal direction of the plurality of bending pieces, wherein a third axis of the third through-hole is along the longitudinal direction of the plurality of bending pieces (fig. 6, holes are normal to the longitudinal axis of the insertion portion),
wherein the first pin is disposed at a first circumferential position around a center axis of the first bending piece corresponding to a first circumferential position of the first coupling fastener, and wherein the second pin is disposed at a second circumferential position around the center axis of the first bending piece corresponding to a second circumferential position of the first coupling fastener (fig. 3, elements 34).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitagawa as applied to claim 1 above, and further in view of Kato (US 20180279854 A1).
Regarding claim 7, Kitagawa teaches The bending portion according to claim 1,
Kitagawa does not explicitly teach wherein the plurality of bending pieces is integrally formed from a metal plate with a predetermined thickness.
However, Kato teaches wherein the plurality of bending pieces is integrally formed from a metal plate with a predetermined thickness ([0053], nodal rings 30 made of metal material. Claim is a product by process. The means by which the bending pieces are fabricated carry no patentable weight so long as they are metal).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the rings of Kitagawa to be comprised of metal as taught in Kato in order to weld the device to secure parts together (Kato [0013]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795