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 Species A from Group 1, sub-species A from Group 2, and sub-species A from Group 3, readable on claims 22-26, 28-29, and 31-33 in the reply filed on 11/13/25 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claim 22 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. There are several limitations in this claim that are unclear and make it difficult to interpret what is required by the invention as claimed:
The limitation of “for the controlled foldable or angularly adjustable holding of an endoscope head or distal head section” the language used to describe the articulation of a distal end is confusing and indefinite in this limitation, does not particularly point out the intended function and attempts to do it in a roundabout way
The limitation of “on an endoscope section proximally upstream of the fold-down mechanism” the use of the terms “proximally” and “upstream” together is redundant and leaves ambiguity as to the scope of the claim language. The examiner suggests amending to recite “disposed proximally of.” This will more distinctly define the position of the endoscope section in relation to the fold-down mechanism.
The limitation of “two axial end faces aligned substantially wedge-shaped with respect to one another” is unclear and indefinite as to what is being structurally limited by this because using a shape to define the alignment of the “axial end faces” in relation to one another leaves ambiguity as to the intended structural relationships of this aspect, moreover, the limitation does not provide sufficient structure for the “axial end faces” aspect to properly discern the scope of the claim language, the examiner suggests amending the language to recite “proximal end surface/face and distal end surface/face.”
The limitation of “a cylinder jacket having a wedge back section at a section of the cylinder jacket having a maximum axial length” is indefinite and the language does not particularly point out a clear structure of the cylinder jacket since wedge back section is not something commonly defined in the art, making it difficult to discern the intended the structure of this portion, other than it is in some way related to a wedge shape. Moreover, the cylinder jacket is described to have a maximum axial length in relation to itself which does not particularly discern the scope of the claim language. The examiner recommends defining the section, in which the wedge back section is present, in relation to other structural aspects that have already been defined.
The limitation of “wherein the through opening in the wedge back section of each segment breaks through the cylinder jacket in a radial direction of the endoscope, thereby forming a longitudinal slot” is indefinite since it is unclear how the opening in each section can break through the cylinder jacket
Claim 26 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. The limitation of “substantially forwardly aligned or stretched position” is unclear and indefinite as to the meets and bounds of the intended structure of the fold-down mechanism, “forwardly aligned” and “stretched” are able to be interpreted in multiple ways, such as the fold-down mechanism being extended or the fold-down mechanism being straightened or part of the fold-down mechanism simply facing the proximal direction, therefore, the claim language should be amended to reflect the intended structure of the invention.
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.
Claim(s) 22-26, 28-29 and 31-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Setty et al. (US 20110196204 A1, hereinafter Setty).
Regarding Claim 22, Setty discloses
An endoscope (endotracheal intubation device 100, FIG. 14, par. 69 discloses imaging unit/ camera) including:
an endoscope shaft (channel element 120, FIG. 1) comprising a distal manually actuable fold-down mechanism (curveable channel portion 128) for the controlled foldable or angularly adjustable holding of an endoscope head or distal head section (distal end 104, FIG. 1) on an endoscope section (rigid channel portion 126) proximally upstream of the fold-down mechanism (depicted in FIG. 1),
the fold-down mechanism having a number of axially successive substantially cylindrical segments (curveable channel elements 130, FIG. 3) which are actively and angularly adjustable relative to one another via at least one common actuating element (articulating means 160, FIG. 8),
wherein the segments each have: two axial end faces aligned substantially wedge-shaped with respect to one another (FIG. 4, par. 57 disclose wedge shaped gaps between each channel element),
a cylinder jacket (retaining lips 142 + overhang structures 144, FIG. 2) having a wedge back section at a section of the cylinder jacket having a maximum axial length (depicted in FIG. 1, 4), and
at least one through opening in a longitudinal direction of the endoscope such that the segments jointly form a working channel (first channel 122, FIG. 1, par. 55 discloses channel elements have openings in longitudinal direction that define first channel),
wherein the through opening in the wedge back section of each segment breaks through the cylinder jacket in a radial direction of the endoscope (par. 60 discloses retaining lips and overhand structure extend outwardly from the first channel, i.e. in a radial direction, as depicted in FIG. 2),
thereby forming a longitudinal slot (gaps 132, FIG. 1-4); and
wherein the wedge back sections of each segment are connected to one another in the longitudinal direction of the endoscope by a flexible or elastic connecting plate (flexible gap cover plate 150, FIG. 3),
which is fixed to an outer side of each segment and covers the respective longitudinal slots (FIG. 3, par. 67 discloses gap cover plate covers at least a portion of the gap or gaps and at least partially shields the first channel),
wherein the connecting plate forms a sliding surface along which medical instruments can be inserted (par. 22 discloses interior wall of first channel that is capable of anchoring tools, par. 24 discloses sensor means mounted within the first channel),
wherein the sliding surface runs continuously in the working channel (depicted in FIG. 6),
wherein the connecting plate also forms hinge sections (retaining bands 154 + hinge portions, FIG. 3), which are located between adjacent segments (depicted in FIG. 3, circled in green below),
that are connected to one another for folding down two respective adjacent segments (par. 67 discloses gap cover plate moves, i.e. folds, relative to positions of curveable channel elements).
PNG
media_image1.png
205
259
media_image1.png
Greyscale
FIG. 3 Marked Up (Setty US 20110196204 A1)
Regarding Claim 23, Setty discloses
The endoscope according to claim 22, wherein the connecting plate at least partially covers the working channel in the wedge back section (FIG. 3, par. 67 discloses gap cover plate covers at least a portion of the gap or gaps and at least partially shields the first channel).
Regarding Claim 24, Setty discloses
The endoscope according to claim 22, wherein the connecting plate includes tab-shaped holding sections (anchor point 152, FIG. 3) for attachment to the segment and to the distal end section of the endoscope section (par. 67 discloses gap cover plate is capable of being attached to the rigid channel portion, i.e. endoscope section, and the channel elements).
Regarding Claim 25, Setty discloses
The endoscope according to claim 22, wherein the connecting plate is resilient at least at the hinge sections (FIG. 8, par. 67 disclose gap cover plate is able to move between different positions, i.e. return to straight position as depicted in FIG. 8).
Regarding Claim 26, Setty discloses
The endoscope according to claim 25, wherein the hinge sections serve as a return element which is configured to return the fold-down mechanism from a folded- down position to a substantially forwardly aligned or stretched position (FIG. 8, par. 67 disclose retaining bands allow for movement of gap cover plate which is able to move between different positions, i.e. return to straight position, via the retaining bands, as depicted in FIG. 8).
Regarding Claim 28, Setty discloses
The endoscope according to claim 22, wherein the connecting plate is tapered at the hinge sections in a circumferential direction (FIG. 3 depicts gap cover plate being narrowed towards hinge portions, circled below in green).
PNG
media_image1.png
205
259
media_image1.png
Greyscale
FIG. 3 Marked Up (Setty US 20110196204 A1)
Regarding Claim 29, Setty discloses
The endoscope according to claim 22, wherein the connecting plate forms a smooth central section (depicted in FIG. 6),
which is continuous in the longitudinal direction of the endoscope and forms the sliding surface (depicted in FIG. 6),
from which tab-shaped fastening regions (anchor point 152) protrude symmetrically on both sides (depicted in FIG. 6),
which tab-shaped fastening regions serve to fasten the segments and are bent towards each other with respect to the central section (FIG. 3, par. 67 disclose gap cover plate is capable of being attached to the rigid channel portion, i.e. endoscope section, and the channel elements for anchoring, FIG. 3 depicts anchor point being bent towards the rigid channel portion, i.e. the anchor point of the rigid channel portion would inherently bend towards the anchor point of the channel element).
Regarding Claim 31, Setty discloses
The endoscope according to claim 22, wherein the fold-down mechanism is configured to hold the endoscope head at the distal end of an endoscope deflector (conductor 172, FIG. 5-6 depict conductor deflecting sensor means 170, i.e. endoscope imager), which is interposed between the fold-down mechanism and the endoscope shaft (depicted in FIG. 5) and is bendable by way of a separate actuating element (FIG. 6, par. 69 discloses conductor can be isolated from other components and from elements of the external environment, same as articulating means, i.e. conductor which is bendable in FIG. 6, can have a separate actuating element to the rest of the components).
Regarding Claim 32, Setty discloses
The endoscope according to claim 31, wherein when the fold-down mechanism is completely folded down, a bending radius of the fold-down mechanism, is smaller than a bending radius of the endoscope deflector when the endoscope deflector is completely bent down (depicted in FIG. 6).
Regarding Claim 33, Setty discloses
The endoscope according to claim 22, further comprising a channel adjustment mechanism configured to increase or decrease a diameter of the working channel (par. 55 discloses openings in channel elements define first channel, i.e. gaps define part of channel, par. 56 discloses gaps change in size during articulation of the device, i.e. channel changes in size during articulation mechanism, i.e. channel adjustment mechanism),
such that the wedge back section of the segments and the connecting plate are configured to be bendable in an open position, a closed position, a radially inward direction, a radially outward direction, or a combination thereof with respect to the longitudinal direction of the endoscope (par. 56 discloses gaps change in size during articulation of the device, par. 57 discloses gaps have wedge shaped portions between elements, i.e. wedge shaped portions articulate/ change in size with gaps; FIG. 4 and 8 depict that wedge portions are present despite bending operation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Anhtuan Nguyen can be reached at (571) 272-4963. 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.
/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795