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 .
Response to Amendment
The amendments filed 06 July 2026 are entered. Applicant’s amendments to the claims have overcome each and every objection to the claims and each and every rejection under 35 U.S.C. 112(b) and 35 U.S.C. 102/103 previously applied in the Office Action mailed 08 April 2026.
Claim Rejections - 35 USC § 112
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- 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.
The specification fails to describe the limitation of claim 1 of “slide in contact along one another throughout deflection of the cylindrical instrument until a predetermined maximum operating limit” (emphasis added). While paragraph 0015 and 0230 of the instant specification refer to such portions as sliding along one another in a reduced-play state, there appears to be no reference to the portions remaining in contact with one another during this sliding movement, nor any reference to this contact being held throughout deflection of the instrument until the predetermined maximum operating limit.
Response to Arguments
Applicant’s arguments, see pages 10-14 of applicant's response, filed 06 July 2026, with respect to the rejection of the claims under 35 U.S.C. 102 have been fully considered and are persuasive. The rejection of claims has been withdrawn.
In particular, applicant’s arguments as to the surface configurations of Alvarez and Verbeek teaching away from the limitation of “slide in contact along one another throughout deflection of the cylindrical instrument until a predetermined maximum operating limit” are persuasive as the surfaces of Alvarez prevent motion upon contact (Paragraph 0039 of Alvarez) and the serrated portions of Verbeek similarly prevent sliding upon contact with one another (Paragraphs 0066-0068 of Verbeek).
As a result, the most pertinent prior art of the record fails to disclose and/or fairly suggest, in combination with all other limitations of the claim, “slide in contact along one another throughout deflection of the cylindrical instrument until a predetermined maximum operating limit”. The rejections of claim 1 and its dependents under 35 U.S.C. 102/103 are withdrawn.
As noted previously, the most-pertinent prior art of the record additionally fails to disclose and/or fairly suggest the limitations of claim 5, specifically wherein the convex portion of the movable element has a center point, the movable element extending portion has a height and a curved side facing the first further element and is located on a circle with a radius about the center point, the first further element extending portion has a curved further side which is located on a further circle with a further radius about the center point and in the manufactured state is at a distance from the movable element, wherein the height and distance are equal within manufacturing tolerances.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA ROBERTS whose telephone number is (571)272-7912. The examiner can normally be reached M-F 8:30-4:30 EST.
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/ANNA ROBERTS/ Examiner, Art Unit 3791
