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 1-13, 15 in the reply filed on 4/13/2026 is acknowledged.
Claim 14 stands withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-7, 12, 13, 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boulais (US 20110082337 A1).
Regarding claim 1, Boulais teaches A shaft for a flexible endoscope or for a flexible endoscopic instrument, the shaft comprising:
a first shaft section (fig. 2, element 40, [0024], proximal section 40);
a second shaft section (fig. 2, element 44, [0024], steering section 44) arranged on the distal side of the first shaft section, the second shaft section including at least one pull element (fig. 2, element 140a/b, [0035], control wires 140), the at least one pull element extending inside the second shaft section and operable to angle the second shaft section with respect to the first shaft section ([0036], control wires 140A and 140 B are functionally connected to the control unit, which can effect bending of the distal end 28 by selective movement of the control wires 140A and 140B), and wherein the second shaft section has a support structure (fig. 4, element 96, [0031], elastic sheath 96); and
an adapter (fig. 2, element 60, [0067], proximal cap 60) arranged between a distal end region of the first shaft section and a proximal end region of the support structure.
Regarding claim 2, Boulais teaches The shaft as claimed in claim 1,
wherein the first shaft section can be passively deflected (fig. 3, element 64, [0026], flexible tubular sheath 64), and the support structure of the second shaft section is formed integrally, in particular in one piece (fig. 4, element 96, [0031], elastic sheath 96, elastic sheaths may be formed in any number of integral manners), and includes a plurality of segments (fig. 4, element 100, [0032], joint segment 100) which follow one another in a longitudinal direction of the shaft and are articulated to one another.
Regarding claim 3, Boulais teaches The shaft as claimed in claim 1,
wherein the pull element is a pull element of a Bowden cable ([0037], control wires are Bowden cables), wherein and
a distal end of a sheath of the Bowden cable is fixed in the adapter (fig. 2, element 142, [0035], wires 140 terminate with enlarged heads 142).
Regarding claim 4, Boulais teaches The shaft as claimed in claim 1
wherein the adapter is at least partially annular ([0028] In one embodiment, the caps 56 and 60 are sized and configured such that when the reduced diameter portions 66 and 68 of the caps 56 and 60, respectively, are inserted into the ends of the tubular sheath 64 during assembly, the caps 56 and 60 are retained thereto by a friction fit) with an approximately cylindrical outer surface, wherein a cover tube of the second shaft section in the region of a proximal edge of the approximately cylindrical outer surface is connected by gluing to the adapter and/or the first shaft section ([0028] Alternatively, the ends of the sheath 64 may be coupled to the caps 56 and 60 by heat bonding, adhesive bonding, fasteners, or other techniques known in the art.).
Regarding claim 5, Boulais teaches The shaft as claimed in claim 1
Wherein the adapter has a proximal section which is inserted into a distal end region of a shaft tube of the first shaft section and on the surface of which one or more holding ribs are formed for holding the shaft tube or of which the surface is smooth ([0028] In one embodiment, the caps 56 and 60 are sized and configured such that when the reduced diameter portions 66 and 68 of the caps 56 and 60, respectively, are inserted into the ends of the tubular sheath 64 during assembly, the caps 56 and 60 are retained thereto by a friction fit, a smooth outer surface).
Regarding claim 6, Boulais teaches The shaft as claimed in claim 1
wherein the support structure is made of a first material and the adapter is made of a second material ([0027] In the embodiment shown in FIG. 3, the proximal and distal caps 56 and 60 are tubular members of circular cross-section constructed of any suitable biocompatible material, such as stainless steel or polyurethane, polypropylene, nylon, ABS or other biocompatible plastics.), the second material having a greater modulus of elasticity than the first material ([0031], elastic sheath 96 is described as being comprised of an elastic material, whereas stainless steel is a relatively non-plastic material with high Young’s modulus).
Regarding claim 7, Boulais teaches The shaft as claimed in claim 1
wherein the adapter is connected to a proximal end region of the support structure by means of a latching mechanism which includes at least one latching hook and at least one latching lug cooperating therewith ([0028] Alternatively, the ends of the sheath 64 may be coupled to the caps 56 and 60 by heat bonding, adhesive bonding, fasteners, or other techniques known in the art.).
Regarding claim 12, Boulais teaches The shaft as claimed in claim 1, wherein the shaft further includes a head (fig. 2, element 48, [0024], distal tip 48) arranged distally with respect to the second shaft section, wherein the head has a transverse wall forming at least one insertion opening which is continuous in the longitudinal direction and through which the at least one pull element is guided and held distally on the transverse wall (fig. 4, element 130, [0034], joint section 130), and wherein a part of the insertion opening remaining next to the pull element is at least partially filled by a distal projection of the support structure ([0035], The control wires 140 terminate either at the distal end of the articulation joint 92 or at the distal tip 48.).
Regarding claim 13, Boulais teaches The shaft as claimed in claim 12,
wherein a distal end region of the support structure forms an approximately closed lateral surface with a proximal end region of the head, a cover tube of the second shaft section being connected to the head by gluing in the region of a distal edge of the lateral surface ([0034], Once seated, the distal tip 48 may then be adhesively secured, welded, bonded, or otherwise connected to the distal end of the steering section 44.).
Regarding claim 15, Boulais teaches A flexible endoscope or flexible endoscopic instrument,
wherein the flexible endoscope or the flexible endoscopic instrument includes a shaft according to one of claim 1 ([0049], Alternatively, the device 24 can be configured as a video endoscope with a miniaturized video camera, such as a CCD or CMOS camera).
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) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boulais as applied to claim 7 above, and further in view of Fancher (US 20220151463 A1).
Regarding claim 8, Boulais teaches The shaft as claimed in claim 7,
Boulais does not explicitly teach wherein the latching hook is approximately L-shaped with a longitudinal leg and with a transverse leg directed in the circumferential direction, the latching lug bearing on the transverse leg, and the latching lug and/or the latching hook having a run-on bevel acting in a radial direction.
However, Fancher teaches wherein the latching hook is approximately L-shaped with a longitudinal leg and with a transverse leg directed in the circumferential direction, the latching lug bearing on the transverse leg, and the latching lug and/or the latching hook having a run-on bevel acting in a radial direction ([0369] The latch portion may further include a seat portion 3014. The latching surface may be a curved surface sloping on one side into the u-shaped seat, a U shape being an L shape with an extra leg).
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 connection member of Boulais to be a u-shaped latch portion as taught in Fancher in order to aid in detachably connecting a reusable and disposable portion of the endoscope (Fancher [0013]).
Regarding claim 9, Boulais teaches The shaft as claimed in claim 7,
Boulais does not explicitly teach wherein the latching hook is approximately U-shaped with two longitudinal legs and with a transverse leg directed in the circumferential direction, the at least one latching lug bearing on the transverse leg, and the latching lug and/or the latching hook having a run-on bevel acting in a radial direction.
However, Fancher teaches wherein the latching hook is approximately U-shaped with two longitudinal legs and with a transverse leg directed in the circumferential direction, the at least one latching lug bearing on the transverse leg, and the latching lug and/or the latching hook having a run-on bevel acting in a radial direction ([0369] The latch portion may further include a seat portion 3014. The latching surface may be a curved surface sloping on one side into the u-shaped seat.
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 connection member of Boulais to be a u-shaped latch portion as taught in Fancher in order to aid in detachably connecting a reusable and disposable portion of the endoscope (Fancher [0013]).
Regarding claim 10, Boulais in view of Fancher teaches The shaft as claimed in claim 8,
Further, Boulais teaches wherein the latching lug is formed on a proximal end region of the support structure and the latching hook is formed on a distal side of the adapter ([0028] Alternatively, the ends of the sheath 64 may be coupled to the caps 56 and 60 by heat bonding, adhesive bonding, fasteners, or other techniques known in the art.),
Further, Fancher teaches wherein a proximal side of the transverse leg forms an undercut, against which a distal end face of the latching lug bears ([0013] The lock is actuatable to engage and/or disengage from the single-use shaft assembly. The lock can include a latch having catch mounted on a pivoting and/or deflectable latch arm. The latch can be biased with a biasing member (e.g., spring) into a latching configuration that can hold the reusable hand-piece and single-use shaft assembly together. ).
Regarding claim 11, Boulais teaches The shaft as claimed in claim 7
Boulais does not explicitly teach wherein two approximately L-shaped latching hooks or one approximately U-shaped latching hook and two latching lugs interacting therewith are arranged approximately symmetrically on both sides of the at least one pull element,
However, Fancher teaches wherein two approximately L-shaped latching hooks or one approximately U-shaped latching hook and two latching lugs interacting therewith are arranged approximately symmetrically on both sides of the at least one pull element ([0013] The lock is actuatable to engage and/or disengage from the single-use shaft assembly. The lock can include a latch having catch mounted on a pivoting and/or deflectable latch arm. The latch can be biased with a biasing member (e.g., spring) into a latching configuration that can hold the reusable hand-piece and single-use shaft assembly together. ).
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 connection member of Boulais to be a u-shaped latch portion as taught in Fancher in order to aid in detachably connecting a reusable and disposable portion of the endoscope (Fancher [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.
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 5712707235. 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.
/TIMOTHY TUAN LUU/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights