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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “cone portion” in claim 8 must be shown or the feature(s) canceled from the claim(s). Examiner acknowledges the applicant’s assertion that element “104b” is the cone portion in paragraph 0065 of the applicant’s specification. However, examiner does not believe that the figures show a cone portion. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Incorrect numbering of elements. In paragraph 0067 of the specification, “upper layer 60” should read “upper layer 50.”
Appropriate correction is required.
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.
Claims 1-15 are 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 recites the limitation "the endoscope" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “the endoscope” is being interpreted as “the steerable flexible endoscope.”
Claims 5, 8, and 12 recite the limitation "the lip" in l. 3 of claim 5, l. 4 of claim 8, and l. 3, 5, and 6 of claim 12. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “the lip” is being interpreted as “the elastically deformable lip.”
Claim 7 recites the limitation “at least a portion of the contact surface contacting the friction surface in a compressed state” in lines 3-5. There is insufficient antecedent basis for “the contact surface” in the claim. Examiner notes the “substantially frustoconical contact surface” recited in claim 7. As described in paragraph 0065 of the applicant’s specification and in claim 7, the substantially frustoconical contact surface exists when the elastically deformable lip is in an uncompressed state. However, as seen in Fig. 4b, the elastically deformable lip does not have a substantially frustoconical contact surface in its compressed state. Therefore, it is unknown what contact surface is being referenced in the limitation “at least a portion of the contact surface contacting the friction surface in a compressed state.” For the purposes of examination, “at least a portion of the contact surface contacting the friction surface in a compressed state” is being interpreted as “wherein the elastically deformable lip in a compressed state has a contact surface that contacts the friction surface”
Claim 11 recites the limitation "the toggle plate" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “the toggle plate” is being interpreted as “the brake toggle plate.”
Claims 2-4, 6, 9-10, and 13-15 are rejected as being dependent upon claims previously rejected under 35 USC § 112(b).
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.
Claims 1-9 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Appl. Publ. No. 2001/0037051 A1 to Fujii et al. (“Fujii”).
Regarding claim 1, Fujii discloses a deflection control mechanism for a steerable flexible endoscope (the endoscope 10 is provided with a control body 11; Fig. 1, paragraph 0122), the endoscope having an elongate flexible shaft comprising a steerable section (the distal end of the insertion portion 12 is formed as a steerable bendable portion 12a which can be steered to bend right, left, upward, and downward by controlling a steering device 13 provided on the control body 11; Fig. 1, paragraph 0122) that is deflectable by movement of at least one elongate control element (pulling and extending actions of the first pair of wires 25 and 26 cause the bendable portion 12a to bend right and left; Fig. 2, paragraph 0128), the deflection control mechanism comprising:
a support structure (the control body 11 is provided with a housing 11a to which a substrate 11b is positioned in and fixed. One end … of a rotational shaft (inner body shaft) is fixed to the substrate 11b. The rotational shaft 20 extends as viewed in Fig. 2 through a through hole 11c formed on the housing 11a; Fig. 2, paragraph 0125);
a drive wheel rotatably supported in or on the support structure (the first and second pulleys 24 and 34 are held between the rotational shaft 20 and the cylindrical base 50; Fig. 2, paragraph 0139);
a hand wheel (the L-R angle knob 23 is fixed to the inner control shaft 21; Fig. 2, paragraph 0127) rotationally coupled to the drive wheel (the inner control shaft 21 with a first pulley 24 fixed thereto; Fig. 2, paragraph 0128), wherein the deflection control mechanism is connectable to the at least one elongate control element to effect movement of the at least one elongate control element by rotation of the drive wheel (a first pair of control wires 25 and 26 are fixed to the first pulley … pulling and extending actions of the first pair of wires 25 and 26 cause the bendable portion 12a to bend right and left; Fig. 2, paragraph 0128);
a brake stator element rotationally coupled to the support structure (the axially-movable lock member 46 rotates together with the rotational shaft 20; Fig. 2, paragraph 0135); and
a brake rotor element rotationally coupled to the drive wheel (the axially-immovable lock member 48 rotates together with the inner control shaft 21 when the L-R angle knob 23 is turned; Fig. 2, paragraph 0136), the brake stator element being displaceable relative to the brake rotor element in an axial direction (if the axially-movable lock member 46 moves up and down by rotation of the integral member including the first rotating member 41 and the L-R knob 42, a first friction pad 46b fixed to an upper face of the axially-movable lock member 46 is engaged with and disengages from a second friction pad 48a fixed to an axially-immovable lock member (friction brake member) 48, respectively; Fig. 2,paragraph 0136), wherein a first one of the brake stator and brake rotor elements includes an elastically deformable lip (the first friction pad 46b can be made of a material having a high coefficient of friction such as cork or silicone rubber; Fig. 2, paragraph 0136) and the other one of the brake stator and brake rotor elements includes a friction surface (second friction pad 48a; Fig. 2, paragraph 0136), the elastically deformable lip being arranged for being pressed against the friction surface by axial displacement of the brake stator element relative to the brake rotor element (the first friction pad 46b is brought into pressing contact with the second friction pad 48a by an upward movement of the axially-movable lock member 46; Fig. 2, paragraph 0136).
Regarding claim 2, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses wherein the brake stator element includes the elastically deformable lip (the first friction pad 46b fixed to an upper face of the axially-movable lock member 46) and the brake rotor element comprises the friction surface (a second friction pad 48a fixed to an axially-immovable lock member (friction brake member) 48; Fig. 2, paragraph 0136), and the brake stator element is displaceable (the axially-movable lock member 46; Fig. 2, paragraph 0135) and the brake rotor element is fixed in the axial direction with respect to the support structure (the axially-immovable lock member 48; Fig. 2, paragraph 0136).
Regarding claim 3, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses wherein the friction surface is a substantially planar radial surface (each of the first and second friction pads 46b and 48a is in the shape of a disk; Fig. 2, paragraph 0136).
Regarding claim 4, Fujii discloses the deflection control mechanism according to claim 1. Fujii does not explicitly disclose wherein the first one of the brake stator and brake rotor elements includes a brake pad holder to which a brake pad is attached, the brake pad including the elastically deformable lip in the first embodiment. However, Fujii, in an additional embodiment, discloses wherein the first one of the brake stator and brake rotor elements includes a brake pad holder to which a brake pad is attached (the aforementioned friction pad 154 which is fixed to the axially-movable lock member 153; Fig. 23, paragraph 0244), the brake pad including the elastically deformable lip (the surface of the friction pad 114 (154) which is fixed to the axially-movable lock member 113 (153) had a plurality of radial projections and depressions 114A (154A) formed thereon arranged at equi-angular intervals. This structure gives the friction pad 114 (154) high elasticity in the friction of the thickness thereof; Fig. 26, paragraph 0253). It would have been obvious to one of ordinary skill to modify the brake stator of the first embodiment to the brake stator of the additional embodiment.
Regarding claim 5, Fujii discloses the deflection control mechanism according to claims 1 and 4. Fujii further discloses wherein the brake pad includeis a base portion carrying the elastically deformable lip (the base portion of the friction pad 154; Fig. 26), the lip at its free side forming a contact edge or rim for contacting the friction surface (although the plurality of radial projections and depressions 114A (154A) are formed on the surface of the friction pad 114 (154) which is fixed to the axially-movable lock member 113 (153), the plurality of radial projections and depressions 114A (154A) can be formed on the opposite surface of the friction pad 114 (154), i.e., on the surface of the friction pad 114 (154) which comes into pressing contact with the disk pad 122 (142); paragraph 0254). It would have been obvious to one of ordinary skill to modify the brake stator of the first embodiment to the brake stator of the additional embodiment.
Regarding claim 6, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses wherein the elastically deformable lip is substantially ring-shaped (each of the first and second friction pads 46b and 48a is in the shape of a disk; Fig. 2, paragraph 0136).
Regarding claim 7, Fujii discloses the deflection control mechanism according to claim 1. Fujii does not explicitly disclose wherein the elastically deformable lip in an uncompressed state has a substantially frustoconical contact surface, and at least a section of the contact surface contacting the friction surface in the first embodiment. However, Fujii, in an additional embodiment, discloses wherein the elastically deformable lip in an uncompressed state has a substantially frustoconical contact surface (the radial projections 114A (154A) have a frustoconical shape; Fig. 26), and at least a section of the contact surface contacting the friction surface (although the plurality of radial projections and depressions 114A (154A) are formed on the surface of the friction pad 114 (154) which is fixed to the axially-movable lock member 113 (153), the plurality of radial projections and depressions 114A (154A) can be formed on the opposite surface of the friction pad 114 (154), i.e., on the surface of the friction pad 114 (154) which comes into pressing contact with the disk pad 122 (142); paragraph 0254) in a compressed state (in other words, the friction pad 114 (154) is structured to be compressed easily in the direction of the thickness thereof; Fig. 26, paragraph 0253). It would have been obvious to one of ordinary skill to modify the friction pad of the first embodiment to the friction pad of the additional embodiment.
Regarding claim 8, Fujii discloses the deflection control mechanism according to claims 1 and 7. Fujii further discloses wherein the elastically deformable lip includes a cone portion forming the frustoconical contact surface in the uncompressed state (the radial projections 114A (154A) are cone shaped; Fig. 26), the cone portion being deformable by pressing the lip against the friction surface (in other words, the friction pad 114 (154) is structured to be compressed easily in the direction of the thickness thereof; Fig. 26-27B, paragraph 0253).
Regarding claim 9, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses wherein the elastically deformable lip includes an elastomeric material and/or a composite material (the first friction pad 46b can be made of a material having a high coefficient of friction such as cork or silicone rubber; Fig. 2, paragraph 0136).
Regarding claim 11, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses wherein the deflection control mechanism includes a brake toggle plate co-operating with the first one of the brake stator and brake rotor elements (the U-D lock lever 205A is formed integral with the cylindrical member 251; Fig. 31, paragraph 0274), wherein the first one of the brake stator and brake rotor elements has a wedge structure (the axially-movable lock member 253 is provided, around the hollow cylindrical slide portion 253A, with two high sector portions 253B and two low section portions 253C; Fig. 31, paragraph 0277) and the brake toggle plate has a cam element (the aforementioned pair of cam followers 252 are fixed to the cylindrical portion 251B of the cylindrical member 251 on opposite sides of the cylindrical portion 251B; Fig. 31, paragraph 0274) engaging the wedge structure or vice versa to effect axial displacement of the brake stator element relative to the brake rotor element by rotation of the toggle plate with respect to the first one of the brake stator and brake rotor elements (the large diameter portions 252A of the pair of cam followers 252 are engaged in the pair of cam grooves 355, respectively; Fig. 31, paragraph 0276 and 0279), and wherein the wedge structure comprises a detent structure (the pair of cam grooves 255 are formed below the two low sector portions 253C, respectively; Fig. 31, paragraph 0277).
Regarding claim 12, Fujii discloses the deflection control mechanism according to claims 1 and 11. Fujii further discloses wherein the brake toggle plate has a brake-on rotational position relative to the first one of the brake stator and brake rotor elements in which the lip is pressed at a maximal force to the friction surface (lock position; paragraph 0293), a brake-off rotational position in which the lip is released from the friction surface (unlock position; paragraph 0293), and a pre-determined intermediate position in which the lip is pressed at an intermediate force against the friction surface (according to the third embodiment of the control device of the endoscope, since the amount of movement of the axially-movable lock member 253 between the lock position and the unlock position thereof can be increased, a position between the lock position and the unlock position where the distal end of the endoscope can be half-locked can be freely set within a wide range, so that such a position, can be easily set; paragraph 0293).
Regarding claim 13, Fujii discloses the deflection control mechanism according to claim 1. Fujii further discloses including a further drive wheel rotatably supported in or on the support structure (the steering device 13 is provided at the inner end (the lower end as viewed in Fig. 2) of the outer control shaft 31 with a second pulley 34 that is fixed thereto; Fig. 2, paragraph 0130) and a further hand wheel rotationally coupled to the further drive wheel (the U-D angle knob 33 is fixed to the outer control shaft 31; Fig. 2, paragraph 0130), wherein the deflection control mechanism is connectable to at least one further elongate control element to effect movement of the at least one further elongate control element by rotation of the further drive wheel (pulling and extending actions of the second pair of wires 35 and 36 cause the bendable portion 12a to bend upward and downward. In the present embodiment, the bendable portion 12a bends upward by turning the U-D angle knob 33, which is fixed to the outer control shaft 31, counterclockwise as viewed in Fig. 10, while the bendable portion 12a bends downward by turning the U-D angle knob 33 clockwise as viewed in Fig. 10; Fig. 2, paragraph 0131), and wherein the deflection control mechanism further includes a further brake stator element rotationally coupled to the support structure (the axially-movable member 56 is positioned around the rotational shaft 20; Fig. 2, paragraph 0141) and a further brake rotor element rotationally coupled to the further drive wheel (the axially-immovable lock member 58 is coupled to the metal ring 33e of the U-D angle knob 33 so that the axially-immovable lock member 58 rotates together with the U-D angle knob 33 when the U-D angle knob 33 is turned; Fig. 2, paragraph 0142), the further brake stator element being displaceable relative to the further brake rotor element in an axial direction (if the axially-movable lock member 56 moves up and down by rotation of the integral member including the second rotating member 51 and the U-D lock lever 52, a first friction pad 56b formed integral with the upper end of the axially-movable lock member 56 is engaged with and disengaged from a second friction pad 58a fixed to an axially-immovable lock member (friction brake member) 58, respectively; Fig. 3, paragraph 0142), wherein a first one of the further brake stator and brake rotor elements includes a further elastically deformable lip (the second friction pad 58a can be made of, for example, cork or silicone rubber; Fig. 3, paragraph 0142) and the other one of the further brake stator and brake rotor elements includes a further friction surface (the first friction pad 56b can be made of, for example metal (stainless steel); Fig. 2, paragraph 0142), the further elastically deformable lip being arranged for being pressed against the further friction surface by axial displacement of the further brake stator element relative to the further brake rotor element (if the axially-movable lock member 56 moves up and down by rotation of the integral member including the second rotating member 51 and the U-D lock lever 52, a first friction pad 56b formed integral with the upper end of the axially-movable lock member 56 is engaged with and disengaged from a second friction pad 58a fixed to an axially-immovable lock member (friction brake member) 58, respectively; Fig. 3, paragraph 0142).
Regarding claim 14, Fujii discloses a steerable flexible endoscope (endoscope 10; Fig. 1, paragraph 0122) having an elongate flexible shaft including a steerable section (the distal end of the insertion portion 12 is formed as a steerable bendable portion 12a which can be steered to bend right, left, upward, and downward by controlling a steering device 13 provided on the control body 11; Fig. 1, paragraph 0112) that is deflectable by movement of at least one elongate control element (pulling and extending actions of the first pair of wires 25 and 26 cause the bendable portion 12a to bend right and left; Fig. 2, paragraph 0128), further including the deflection control mechanism in accordance with claim 1 (see rejection of claim 1 above).
Regarding claim 15, Fujii discloses a method for controlling a flexible endoscope, the flexible endoscope (endoscope 10; Fig. 1, paragraph 0122) having an elongate flexible shaft comprising a steerable section (the distal end of the insertion portion 12 is formed as a steerable bendable portion 12a which can be steered to bend right, left, upward, and downward by controlling a steering device 13 provided on the control body 11; Fig. 1, paragraph 0112) that is deflectable by movement of at least one elongate control element (pulling and extending actions of the first pair of wires 25 and 26 cause the bendable portion 12a to bend right and left; Fig. 2, paragraph 0128), wherein the flexible endoscope includes a deflection control mechanism in accordance with claim 1 (see rejection of claim 1 above), wherein the steerable section is deflected by turning the hand wheel (the steering device 13 is provided with an L-R steering device 13LR for bending the bendable portion 12a left and right and a U-D steering device 13UD for bending the bendable potion 12a upward and downward; Fig. 2, paragraph 0124) and the steerable section is held at a given deflection angle by displacing the brake rotor element relative to the brake stator element in the axial direction such that the elastically deformable lip is pressed against the friction surface for frictional coupling of the brake stator and brake rotor elements (if the axially-immovable lock member 48 is locked via the first and second friction pads 46b and 48a, the integral member including the inner control shaft 21 and the L-R angle knob 23 is prohibited from rotating, so that the first pulley 24 is also prohibited from rotating. As a result, the bendable portion 12a is prohibited from bending right and left, so that the bendable portion 12a can be locked to a desired curved shape in a left or right direction; Fig. 2, paragraph 0136).
Claim Rejections - 35 USC § 103
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fujii in view of Chinese Patent Publ. No. 112450856A to Dan et al. (“Dan”).
Regarding claim 10, Fujii discloses the deflection control mechanism according to claim 1. However, Fuji does not explicitly disclose wherein the friction surface exhibits a lubrication coating.
Dan teaches a braking system with a friction surface exhibiting a lubrication coating (the inner friction sheet 702 of plastic material can be coated with lubricating oil to prevent the inner gear ring 5 from jamming when the handwheel 2 rotates; page 5, Fig. 2). Dan teaches the use of lubrication oil for forming a fine-tuning function (page 6).
Dan is considered to be analogous to the claimed invention because it is in the same field of endoscopes with a deflection control mechanism. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the friction surface of Fuji to incorporate the teachings of Dan by adding a lubrication coating. Doing so would help form a fine-tuning function for endoscope deflection, as recognized by Dan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Appl. Publ. No. 2001/0034472 A1 to Fujii et al. teaches a control device with a locking mechanism for an endoscope in the abstract and following descriptive text.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA G STARKEY whose telephone number is (571)272-3375. The examiner can normally be reached Monday-Friday 8:00-5:00 ET.
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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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/OLIVIA GRACE STARKEY/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795