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Claims 19-21 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/13/2026.
Applicant’s election without traverse of invention 1 in the reply filed on 4/13/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Claim 11 cancels language directing to which claim it is dependent upon.
For purposes of examination, claim 11 will be examined as though it were dependent upon claim 10.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hatano (US 20200205642 A1) in view of Stanton (US 20130197490 A1).
Regarding claim 1, Hatano teaches A handpiece, for a flexible endoscope or a flexible endoscopic instrument which includes a shaft with a shaft portion which can be angled by means of at least one Bowden cable, the handpiece comprising:
a control element (fig. 2, element 30, [00358], bending operation lever portion 30) for actuating a pull element (fig. 3, element 31-34, [00041], bending operation wires 31-34) ; and
at least one clamping plate (fig. 3, element 50, [0043], coil receiver 50) which has at least one clamping slot (fig. 3, element 51-54, [0046], first to fourth locking portions 51-54) and/or at least one clamping groove for clamping a cable sheath.
Hatano does not explicitly teach at least one Bowden cable.
However, Stanton teaches at least one Bowden cable (fig. 5b, element 290, [0107], Bowden cable 290).
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 control cable of Hatano to be a Bowden cable as taught in Stanton in order to adjust tension of control members via the inner and outer members of the cable (Stanton [0107]).
Regarding claim 2, Hatano in view of Stanton teaches The handpiece set forth in claim 1,
Further, Hatano teaches wherein the clamping plate has at least one transverse wall, which has the at least one clamping slot or the at least one clamping groove (fig. 4, element 50, the receiver 50 is a solid block with walls).
Regarding claim 3, Hatano in view of Stanton teaches The handpiece as set forth in claim 2,
Further, Hatano teaches wherein the at least one transverse wall has at least two clamping slots or clamping groove(fig. 3, element 51-54, [0046], first to fourth locking portions 51-54) for clamping at least two Bowden cable sheaths.
Regarding claim 4, Hatano in view of Stanton teaches The handpiece as set forth in claim 2,
Further, Hatano teaches wherein the clamping plate has at least two transverse walls (fig. 4, element 50, locking portions 51-54 are separated by transverse walls each with at least one clamping slot), each of which has at least one clamping slot or at least one clamping groove, wherein the clamping slots or clamping grooves of the at least two transverse walls are arranged one after another in an axial direction of the Bowden cable sheath of the at least one Bowden cable (axial direction can refer to any direction, as a cable has dimensions in 3 axes. Slots are arranged in parallel along the length of the receiver 50).
Regarding claim 5, Hatano in view of Stanton teaches The handpiece as set forth in claim 4,
Further, Hatano teaches Wherein the at least two transverse walls are interrupted and connected to one another in such a way that they form at least two strips running in the axial direction of the Bowden cable sheath (fig. 4, element 50, separating walls between locking portions are connected to the larger receiver).
Regarding claim 6, Hatano in view of Stanton teaches The handpiece set forth in claim 1,
Further, Hatano teaches wherein the at least one clamping slot or the at least one clamping groove tapers from an opening toward a clamping region (fig. 4, element 55-58, [0048], inward flanges 55-58 form tapering portions).
Regarding claim 7, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches wherein the at least one clamping slot or the at least one clamping groove is designed in a stepped manner (fig. 4, element 55-58, [0048], inward flanges 55-58).
Regarding claim 8, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches wherein the clamping plate has at least two clamping slots or clamping grooves of different widths (fig. 4, element h1-4, [0051], difference between lengths h1-h4).
Regarding claim 9, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches wherein the clamping plate has a plurality of transverse walls (fig. 4, element 50, locking portions 51-54 are separated by transverse walls each with at least one clamping slot), each of which has two pairs of clamping slots or clamping grooves with pairs of different widths (fig. 4, element h1-4, [0051], difference between lengths h1-h4),
wherein, in a first installation position of the clamping plate, the clamping slots or clamping grooves with a first width and, in a second installation position, the clamping slots or clamping grooves with a second width point in a straight line to the control element (fig. 4, element h1-4, [0051], difference between lengths h1-h4).
Regarding claim 10, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches Wherein the at least one clamping slot or the at least one clamping groove has a constriction formed by at least one latching projection (fig. 4, element 55-58, [0048], inward flanges 55-58).
Regarding claim 11, Hatano in view of Stanton teaches The handpiece as set forth in claim,
Wherein the at least one clamping slot or the at least one clamping groove has a constriction formed by at least one latching projection (fig. 4, element 55-58, [0048], inward flanges 55-58); and
wherein at least one of the at least two transverse walls has at least one clamping slot or at least one clamping groove which has a constriction formed by at least one latching projection (fig. 4, element 55-58, [0048], inward flanges 55-58).
Regarding claim 12, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches wherein the handpiece has at least one counter-holder (fig. 4, element 55-58, [0048], inward flanges 55-58) for holding the Bowden cable sheath in the at least one clamping slot or the at least one clamping groove.
Regarding claim 13, Hatano in view of Stanton teaches The handpiece as set forth in claim 12,
Further, Hatano teaches wherein the at least one counter- holder is designed as a further clamping plate (fig. 4, element 55-58, plate-shaped protrusion).
Regarding claim 14, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
wherein the clamping plate has at least one latching hook for holding the Bowden cable sheath in the at least one clamping slot or the at least one clamping groove (fig. 4, element 55-58, [0048], inward flanges 55-58).
Regarding claim 15, Hatano in view of Stanton teaches The handpiece as set forth in claim 1,
Further, Hatano teaches Wherein at least one attachment point of the pull element on the control element is offset from a straight continuation of an axial direction of the at least one Bowden cable sheath in the region of the clamping plate, in such a way that the at least one Bowden cable sheath is preloaded into a clamping region of the at least one clamping slot or of the at least one clamping groove (fig. 4, element h1-4, [0051], difference between lengths h1-h4).
Regarding claim 16, Hatano teaches A flexible endoscope or flexible endoscopic instrument, comprising:
a shaft (fig. 1, element 2, [0022], insertion portion 2) which comprises a shaft portion configured to be angled by means of at least one Bowden cable; and
a handpiece which is arranged at a proximal end of the shaft and has a control element (fig. 2, element 30, [00358], bending operation lever portion 30) which, in order to actuate the at least one Bowden cable, is connected to a pull element of the at least one Bowden cable wherein a Bowden cable sheath of the at least one Bowden cable is non-positively connected to the handpiece (fig. 3, element 51-54, [0046], first to fourth locking portions 51-54).
Hatano does not explicitly teach at least one Bowden cable.
However, Stanton teaches at least one Bowden cable (fig. 5b, element 290, [0107], Bowden cable 290).
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 control cable of Hatano to be a Bowden cable as taught in Stanton in order to adjust tension of control members via the inner and outer members of the cable (Stanton [0107]).
Regarding claim 17, Hatano in view of Stanton teaches The flexible endoscope or flexible endoscopic instrument as set forth in claim 16
Further, Hatano teaches wherein the handpiece has at least one clamping element for clamping the Bowden cable sheath of the at least one Bowden cable (fig. 3, element 51-54, [0046], first to fourth locking portions 51-54).
Regarding claim 18, Hatano in view of Stanton teaches The flexible endoscope or flexible endoscopic instrument as set forth in claim 16,
wherein the Bowden cable sheath of the at least one Bowden cable is clamped in the at least one clamping slot or the at least one clamping groove (fig. 3, element 51-54, [0046], first to fourth locking portions 51-54).
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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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.
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/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
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