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 Group 1, drawn a steerable and deflectable apparatus, Species A1, embodiment drawn to the steerable instrument embodiment of Figures 16-25B, 29, and 30, and Species A2, embodiment drawn to the frangible element embodiment of Figures 43-45, in the reply filed on 7/9/26 is acknowledged.
In lieu of the 7/9/26 amendment cancelling claims, currently all claims appear generic to the elected subject matter and no claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/9/26.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submissions is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities: the incorporation by reference of unpublished US patents and foreign documents. Appropriate correction is required.
The incorporation of essential material in the specification by reference to an unpublished U.S. application, foreign application or patent, or to a publication is improper. Applicant is required to amend the disclosure to include the material incorporated by reference, if the material is relied upon to overcome any objection, rejection, or other requirement imposed by the Office. The amendment must be accompanied by a statement executed by the applicant, or a practitioner representing the applicant, stating that the material being inserted is the material previously incorporated by reference and that the amendment contains no new matter. 37 CFR 1.57(g).
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:
“at least one deflectable tip section” in claim 1;
“a steering section” in claim 1;
“a flexible body section” in claim 1;
“a length compensation section” in claim 1;
“a first portion of a steering wire” in claim 1;
“steering wire guiding portions” in claim 1;
“each first portion of a steering wire and associated steering wire guiding portions”
“a length compensation element” in claim 1;
“a second portion” in claim 1;
“at least one longitudinal guiding element length compensation portion” in claim 3;
“two longitudinal guiding element length compensation portions” in claim 4;
“an inner steering wire guiding portion” in claim 5;
“a square element” in claim 8;
“a deflectable region” in claim 19;
“a steering region” in claim 19;
“a flexible body region” in claim 19;
“one or more steering elements” in claim 19;
“one or more steering element guiding portions” in claim 19;
“at least one longitudinal guiding element” in claim 22;
“a first deflectable region” in claim 27;
“a second deflectable region” in claim 27;
“a deflectable region” in claim 28;
“a steering region” in claim 28;
“a flexible body region” in claim 28; and
“one or more guiding portions” in claim 28.
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 § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 and 19-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 positively recites “at least one deflectable tip section”. Although the claims as filed provide verbatim support therefor, the instant Specification is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “at least one deflectable tip section”, the claim lacks written description. Depending claims 2-9 inherit and do not remedy the lack of written description.
Claim 5 positively recites “an inner steering wire guiding portion”. Although the claims as filed provide verbatim support therefor, the instant Specification is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “an inner steering wire guiding portion”, the claim lacks written description. Depending claims 6-7 inherit and do not remedy the lack of written description.
Claim 19 positively recites “a deflectable region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a deflectable region”, the claim comprises new matter and lacks written description. Depending claims 20-27 inherit and do not remedy the lack of written description comprising new matter.
Claim 19 positively recites “a steering region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a steering region”, the claim comprises new matter and lacks written description. Depending claims 20-27 inherit and do not remedy the lack of written description comprising new matter.
Claim 19 positively recites “a flexible body region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a flexible body region”, the claim comprises new matter and lacks written description. Depending claims 20-27 inherit and do not remedy the lack of written description comprising new matter.
Claim 19 positively recites “one or more steering element guiding portions”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “one or more steering element guiding portions”, the claim comprises new matter and lacks written description. Depending claims 20-27 inherit and do not remedy the lack of written description comprising new matter.
Claim 27 positively recites “a first deflectable region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a first deflectable region”, the claim comprises new matter and lacks written description.
Claim 27 positively recites “a second deflectable region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a second deflectable region”, the claim comprises new matter and lacks written description.
Claim 28 positively recites “a deflectable region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a deflectable region”, the claim comprises new matter and lacks written description. Depending claim 29 inherits and does not remedy the lack of written description comprising new matter.
Claim 28 positively recites “a steering region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a steering region”, the claim comprises new matter and lacks written description. Depending claim 29 inherits and does not remedy the lack of written description comprising new matter.
Claim 28 positively recites “a flexible body region”. The instant disclosure is devoid of any corresponding description thereof, let alone any corresponding description with any specificity to demonstrate possession. In the absence of demonstrated possession comprising sufficient, or any, corresponding specific description of the “a flexible body region”, the claim comprises new matter and lacks written description. Depending claim 29 inherits and does not remedy the lack of written description comprising new matter.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 19-29 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 positively recites “at least one deflectable tip section”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 2-9 inherit and do not remedy the indefiniteness.
Claim 5 positively recites “an inner steering wire guiding portion”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 6-7 inherit and do not remedy the indefiniteness.
Regarding claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 19 positively recites “a deflectable region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 20-27 inherit and do not remedy the indefiniteness.
Claim 19 positively recites “a steering region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 20-27 inherit and do not remedy the indefiniteness.
Claim 19 positively recites “a flexible body region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 20-27 inherit and do not remedy the indefiniteness.
Claim 19 positively recites “one or more steering element guiding portions”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claims 20-27 inherit and do not remedy the indefiniteness.
Claim 22 recites the limitation "the first portion of each steering element" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 positively recites “a first deflectable region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite.
Claim 27 positively recites “a second deflectable region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite.
Claim 28 positively recites “a deflectable region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claim 29 inherits and does not remedy the indefiniteness.
Claim 28 positively recites “a steering region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claim 29 inherits and does not remedy the indefiniteness.
Claim 28 positively recites “a flexible body region”. As per above the instant disclosure is devoid of specific corresponding support therefor and the scope of the claim is indeterminate. One of ordinary skill in light of the Specification would be guessing as to what structure(s), if any, may and/or may not be explicitly, implicitly, inherently, and/or inferentially required and/or excluded from the scope of the claimed invention. Thus, the scope of the claimed invention is indefinite. Depending claim 29 inherits and does not remedy the indefiniteness.
Claim Rejections - 35 USC § 102
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) 1-9 and 19-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Verbeek et al (US 2017/0027607 A1, hereinafter Verbeek.
For claim 1, and particularly as best as understood, Verbeek discloses a cylindrical instrument (Figs 2a-2k) ([0135-0161]), comprising inter alia:
at least a first tube (2202),
a second tube surrounding the first tube (2203), and
a third tube surrounding the second tube (2204),
the instrument having
at least one deflectable tip section (2241),
a steering section (2242,2244),
a flexible body section (2243) between the tip section and the steering section (Fig 2j),
a length compensation section (spaces between 2338), and
one or more steering wires (2338) extending from the steering section to the tip section such that the tip section can be deflected by moving the one or more steering wires in a longitudinal direction of the cylindrical instrument (Figs 2a-2k) ([0135-0161]),
wherein the length compensation section comprises a first portion of a steering wire at least partly surrounded by steering wire guiding portions (Figs 2a-2k) ([0135-0161]),
both each steering wire and associated steering wire guiding portions being portions of at least one of the first tube, the second tube, or the third tube (Figs 2a-2k) ([0135-0161]), and
each first portion of a steering wire and associated steering wire guiding portions being configured as a length compensation element which has a curved configuration which is configured to deform to absorb a length change of a second portion of the steering wire inside the flexible body section due to bending of the flexible body section (Figs 2a-2k) ([0135-0161]).
For claim 2, Verbeek discloses the cylindrical instrument according to claim 1, wherein, the curved configuration is at least one of extending radially outward from a central axis of the instrument, extending radially inward towards the central axis, extending tangentially relative to the central axis, or spiraling about the central axis (Figs 2a-2k) ([0135-0161]).
For claim 3, Verbeek discloses the cylindrical instrument according to claim 1, wherein the steering wire guiding portions comprise at least one longitudinal guiding element length compensation portion (spaces between 2338) alongside the first portion of each steering wire, the at least one longitudinal guiding element length compensation portion being a portion of the same at least one of the first tube, the second tube, or the third tube of which the steering wire is a portion (Figs 2a-2k) ([0135-0161]).
For claim 4, Verbeek discloses the cylindrical instrument according to claim 3, wherein the at least one longitudinal guiding element length compensation portion comprises two longitudinal guiding element length compensation portions along different sides of the first portion of each steering wire (Figs 2a-2k) ([0135-0161]).
For claim 5, Verbeek discloses the cylindrical instrument according to claim 1, wherein, in the length compensation section, steering wire guiding portions associated with one steering wire comprise an inner steering wire guiding portion which is a portion from the first tube and an outer steering wire guiding portion which is a portion from the third tube (Figs 2a-2k) ([0135-0161]).
For claim 6, Verbeek discloses the cylindrical instrument according to claim 5, wherein, in the length compensation section, steering wire guiding portions comprise one or more radially oriented lips (protrusions of 2224) located tangentially adjacent to the steering wire and attached to at least one of the inner steering wire guiding portion or the outer steering wire guiding portion (Figs 2a-2k) ([0135-0161]).
For claim 7, Verbeek discloses the cylindrical instrument according to claim 5, wherein, in the length compensation section, steering wire guiding portions comprise one or more islands (spaces between 2338) which are slidably arranged in at least one steering wire such as to limit tangential movement of the at least one steering wire (Figs 2a-2k) ([0135-0161]).
For claim 8, Verbeek discloses the cylindrical instrument according to claim 1, wherein a square element (30 in Fig 4a) is provided which has a first bar (one 50) and a second bar (other 50 in Fig 4a) both extending in a first direction and a third bar and a fourth bar (both 51 in Fig 4a) both extending in a second direction perpendicular to the first direction, the first and second bars, being slidably connected to apexes of opposite sets of one steering wire and associated steering wire guiding portions in the length compensation section (via 37, 38, 39 in Fig 4a and 5a), the third and fourth bars being slidably connected to apexes of other opposite sets of a steering wire and associated steering wire guiding portions in the length compensation section (Fig 4a and 5a).
For claim 9, Verbeek discloses the cylindrical instrument according to claim 1, wherein portions of one steering wire are located in different ones of the first, second and third tubes in at least two different sections from the at least one deflectable tip section, the steering section, the flexible body sections, and the length compensation section (Figs 2a-2k) ([0135-0161]).
For claim 19, and particularly as best as understood, Verbeek discloses a medical instrument (Figs 2a-2k) ([0135-0161]), comprising inter alia:
a proximal portion (Figs 2a-2k) ([0135-0161]),
a distal portion (Figs 2a-2k) ([0135-0161]), and
a longitudinal axis extending therebetween (Figs 2a-2k) ([0135-0161]);
a first tube (2202) (Figs 2a-2k) ([0135-0161]),
a second tube (2203) surrounding the first tube (Figs 2a-2k) ([0135-0161]), and
a third tube (2204) surrounding the second tube (Figs 2a-2k) ([0135-0161]);
a deflectable region (2241) at the distal portion (Figs 2a-2k) ([0135-0161]),
a steering region (2242,2244) at the proximal portion (Figs 2a-2k) ([0135-0161]), and
a flexible body region (2243) between the deflectable region and the steering region (Figs 2a-2k) ([0135-0161]);
one or more steering elements (2338) extending from the steering region to the deflectable region such that the deflectable region can be deflected by moving the one or more steering elements in a longitudinal direction of the medical instrument (Figs 2a-2k) ([0135-0161]),
wherein the one or more steering elements are portions of the first tube, the second tube, or the third tube (Figs 2a-2k) ([0135-0161]); and
one or more steering element guiding portions, each at least partially surrounding a first portion of a corresponding one of the steering elements (Figs 2a-2k) ([0135-0161]),
wherein the one or more steering element guiding portions are portions of the first tube, the second tube, or the third tube (Figs 2a-2k) ([0135-0161]),
wherein the first portion of the steering element and associated steering element guiding portion have a curved configuration and are configured to deform to absorb a length change of a second portion of the steering element along the flexible body region due to bending of the flexible body region (Figs 2a-2k) ([0135-0161]).
For claim 20, Verbeek discloses the medical instrument of claim 19, wherein the one or more steering elements comprise one or more longitudinal strips cut from a sidewall of the first tube, the second tube, or the third tube (Figs 2a-2k) ([0135-0161]).
For claim 21, Verbeek discloses the medical instrument of claim 19, wherein the curved configuration is at least one of extending radially outward from a central axis of the medical instrument, extending radially inward towards the central axis, extending tangentially relative to the central axis, or spiraling about the central axis (Figs 2a-2k) ([0135-0161]).
For claim 22, Verbeek discloses the medical instrument of claim 19, wherein the steering element guiding portions comprise at least one longitudinal guiding element alongside the first portion of each steering element, the at least one longitudinal guiding element being a portion of the same first tube, second tube, or third tube of which the steering element is a portion (Figs 2a-2k) ([0135-0161]).
For claim 23, Verbeek discloses the medical instrument of claim 22, wherein the at least one longitudinal guiding element comprises two longitudinal guiding elements length extending along different sides of the first portion of each steering element (Figs 2a-2k) ([0135-0161]).
For claim 24, Verbeek discloses the medical instrument of claim 19, wherein: the one or more steering elements are portions of the second tube, and the steering element guiding portions associated with a given steering element comprise an inner steering element guiding portion which is a portion from the first tube and an outer steering element guiding portion which is a portion from the third tube (Figs 2a-2k) ([0135-0161]).
For claim 25, Verbeek discloses the medical instrument of claim 24, wherein the steering element guiding portions comprise one or more radially oriented lips (protrusions of 2224) located tangentially adjacent to the steering element and coupled to at least one of the inner steering element guiding portion or the outer steering element guiding portion (Figs 2a-2k) ([0135-0161]).
For claim 26, Verbeek discloses the medical instrument of claim 24, wherein the one or more steering elements include one or more slidable islands (spaces between 2338) located in a corresponding opening defined by the first portion of a corresponding steering element, and wherein the islands are attached to one or both of the inner steering element guiding portion or the outer steering element guiding portion to limit tangential movement of the one or more steering elements (Figs 2a-2k) ([0135-0161]).
For claim 27, Verbeek discloses the medical instrument of claim 19, wherein the deflectable region is a first deflectable region and the medical instrument comprises a second deflectable region at the distal portion (Figs 2a-2k) ([0135-0161]).
For claim 28, and particularly as best as understood, Verbeek discloses a medical instrument (Figs 2a-2k) ([0135-0161]), comprising inter alia:
a proximal portion (Figs 2a-2k) ([0135-0161]),
a distal portion (Figs 2a-2k) ([0135-0161]), and
a longitudinal axis extending therebetween (Figs 2a-2k) ([0135-0161]);
a first tube (2202),
a second tube (2203) surrounding the first tube (Figs 2a-2k) ([0135-0161]), and
a third tube (2204) surrounding the second tube (Figs 2a-2k) ([0135-0161]);
a deflectable region (2241) at the distal portion (Figs 2a-2k) ([0135-0161]),
a steering region (2242,2244) at the proximal portion (Figs 2a-2k) ([0135-0161]), and
a flexible body region (2243) between the deflectable region and the steering region (Figs 2a-2k) ([0135-0161]);
one or more steering cables (2338) extending from the steering region to the deflectable region such that the deflectable region can be deflected by moving the one or more steering cables in a longitudinal direction of the medical instrument (Figs 2a-2k) ([0135-0161]); and
one or more guiding portions (Figs 2a-2k) ([0135-0161]), each at least partially surrounding a first portion of a corresponding one of the steering cables (Figs 2a-2k) ([0135-0161]),
wherein the one or more guiding portions are portions of the first tube, the second tube, or the third tube (Figs 2a-2k) ([0135-0161]),
wherein the first portion of the steering cable and associated guiding portion have a curved configuration and are configured to deform to absorb a length change of a second portion of the steering cable along the flexible body region due to bending of the flexible body region (Figs 2a-2k) ([0135-0161]).
For claim 29, Verbeek discloses the medical instrument of claim 28, wherein the curved configuration is at least one of extending radially outward from a central axis of the medical instrument, extending radially inward towards the central axis, extending tangentially relative to the central axis, or spiraling about the central axis (Figs 2a-2k) ([0135-0161]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, relating to means for configuring steerable and deflectable multi tube medical instrumentation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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, Charles A. Marmor II can be reached at (571)272-4730. 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.
Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/Primary Examiner, Art Unit 3791