DETAILED ACTION
Response to Arguments
Applicant’s arguments, see page 10, filed on 4/30/2026, with respect to the drawing objections have been fully considered and are persuasive. The previous drawing objections have been withdrawn.
Applicant’s arguments, see page 10, filed on 4/30/2026, with respect to the specification objections have been fully considered and are persuasive. The previous specification objections have been withdrawn.
Applicant's arguments, see pages 10-16, filed on 4/30/2026, with respect to the 35 U.S.C. 103 have been fully considered but they are not persuasive. The response is below.
Regarding the prior art rejections of claims 1-10 and 14 under Birnkrant in view of
Kishi, Barenboym, and Shelton, these rejections are not withdrawn. Applicant argues that none of the references, either individually or combined, teach the claim element “wherein, in a case where compression force exceeding the second threshold value acts between the first member and the second member, the protruding portion comes off from the recess portion, and transmission of the drive force from the drive source to the linear member is cut off.” The Examiner disagrees.
Birnkrant teaches a medical apparatus (Fig. 1-2, Col. 7, line 49) that comprises a base unit (Fig. 1-2, Col. 7, line 51) including a drive source (Fig. 3B, Col. 10, line 14); a bendable unit (Fig. 1-2, Col. 7, line 51); …wherein the bendable unit includes a connection unit (Fig. 4A-4B, Col. 11, lines 3-4) including a first member and a second member (Fig. 4A, Col. 11, lines 4-5).
Although Birnkrant does not teach a protruding portion and recess portion connection unit, the Examiner still ascertains that it would have been obvious to combine the protruding portion and recessed portion connection unit that is disclosed in Kishi with the apparatus disclosed in Birnkrant, as this would constitute a simple substitution of one known connection unit for another known connection unit, which is rendered obvious.
Shelton teaches a powered surgical instrument that cuts of transmission of drive forces from a drive source to a linear member (Paragraph 0185, lines 25-27) when the connection unit separates the first and second members from each other. The Examiner still ascertains that it would have been obvious to combine the teachings of Shelton to the apparatus of Birnkrant, as both references disclose the separation and connection of a first and second member. Incorporating the teachings of Shelton would yield the predictable result of cutting of drive transmission forces between the first and second members, thus rendering this element obvious.
Barenboym teaches a hemostatic clip assembly that allows pulling force at a first threshold value or less or compression force at a second threshold value or less to be transmitted to a linear member (Paragraph 0080, lines 11-13). The Examiner still ascertains that it would have been obvious to combine the teachings of Barenboym to the apparatuses of Birnkrant and Shelton, as doing so would allow limiting the amount of tension and compression forces that the connection unit can withstand to transmit drive forces.
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.
Claims 1-2, 4-10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Birnkrant (U.S. Patent No. 9,107,573) in view of Kishi (WIPO Pub. No. 2013/018927), Barenboym et al. (U.S. PGPub No. 2023/0380843), and Shelton, IV et al. (U.S. PGPub No. 2021/0275053) (all cited previously).
Regarding claim 1, Birnkrant teaches a medical apparatus (Fig. 1-2, Col. 7, line 49) comprising: a base unit (Fig. 1-2, Col. 7, line 51) including a drive source (Fig. 3B, Col. 10, line 14) therein; and a bendable unit (Fig. 1-2, Col. 7, line 51) that is to be detachably attached (Fig. 1-2, Col. 8, lines 10-12) to the base unit and includes a bending portion (Fig. 1-2, Col. 7, lines 54-55) and a bending drive unit (Fig. 3A, Col. 9, lines 5-6) configured to receive drive force from the drive source and bend the bending portion (Col. 9, lines 5-7), the bending drive unit including a linear member (Fig. 3A, Col. 9, lines 10-11) connected to the bending portion (Col. 9, lines 17-20), wherein the bendable unit includes a connection unit (Fig. 4A-4B, Col. 11, lines 3-4) including a first member (Fig. 4A, Col. 11, line 5) and a second member (Fig. 4A, Col. 11, line 4).
Birnkrant does not teach that the bendable unit includes a connection unit including a first member connected to a drive source, and a second member connected to the linear member. Birnkrant also does not teach that the connection unit is a protruding portion that is disposed on one of the first member and the second member and protrudes in a direction intersecting with a length direction of the linear member, and being fitted in a recess portion disposed on the other one of the first member and the second member.
Kishi, however, teaches an operation support device that includes a connection unit (Fig. 16A-16D, paragraph 0131, line 3) with a first member (Fig. 16A, paragraph 0098, line 5) connected to the drive source (Paragraph 0098, lines 4-5), and a second member (Fig. 16A, paragraph 0098, line 3) connected to the linear member (Paragraph 0104, lines 7-8).
Kishi also teaches that the first member and second member are connected by a protruding portion (Fig. 16C, paragraph 0132, line 1) that is disposed on (Fig. 16C) one of the first member and second member and protrudes in a direction intersecting with a length of the linear member (Fig.16A-16D), being fitted in a recess portion (Fig. 16C, paragraph 0132, line 2) disposed on (Fig. 16C) the other one of the first member and the second member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the connection unit includes a first member connected to a drive source, and a second member connected to the linear member. Doing so would ensure that drive forces can be transmitted from the first member to a second member in order to manipulate a manipulated subject (Paragraph 0098, lines 1-3), as recognized by Kishi.
It also would have been obvious to substitute the hook and aperture connection unit that is disclosed in Birnkrant with the recessed portion and protruding portion connection unit that is disclosed in Kishi. The simple substitution of one known connection unit for another type of connection unit would yield the predictable result of connecting the first member to the second member, thus rendering the claim obvious.
Birnkrant also does not teach, wherein, in a case where pulling force at a first threshold value or less acts between the first member and the second member, a state in which the protruding portion is fitted in the recess portion is maintained, and the drive force is transmitted from the drive source to the linear member.
Birnkrant also does not teach, wherein, in a case where pulling force exceeding the first threshold value acts between the first member and the second member, the protruding portion comes off from the recess portion, and transmission of the drive force from the drive source to the linear member is cut off.
Birnkrant also does not teach, wherein in a case where compression force at a second threshold value or less acts between the first member and the second member, the state in which the protruding portion is fitted in the recess is maintained, and the drive force is transmitted from the drive source to the linear member.
Birnkrant also does not teach, wherein, in a case where compression force exceeding the second threshold value acts between the first member and the second member, the protruding portion comes off from the recess portion, and transmission of the drive force from the drive source to the linear member is cut off.
Barenboym, however, teaches a hemostatic clip assembly that allows pulling force at a first threshold value or less or compression force at a second threshold value or less to be transmitted to a linear member (Paragraph 0080, lines 11-13). Barenboym also teaches a hemostatic clip assembly that only allows linear transmission forces to be transmitted up to a predetermined level (Paragraph 0080, lines 11-13).
Shelton, however, teaches a powered surgical instrument that transmits drive force from the drive source to the linear member (Fig. 9, paragraph 0185, lines 12-14) when a connection unit maintains a state in which the first and second members are connected (Fig. 9, paragraph 0185, lines 9-11). Furthermore, Shelton teaches a powered surgical
instrument that cuts of transmission of the drive force from the drive source to the linear
member (Paragraph 0185, lines 25-27) when the connection unit separates the first and
second members from each other (Paragraph 0185, lines 22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Barenboym and Shelton to include that the connection unit uses threshold values of either tension or compression forces to transmit drive forces from the drive unit, and that the connection unit separates in order to cut off transmission of the drive force. Doing so would ensure that there is a limit to the amount of tension and compression forces the connection unit can withstand to transmit drive forces (Paragraph 0080, lines 11-13), as recognized by Barenboym. Doing so would also ensure that the connection unit provides a mechanism to either allow transmission of drive forces, or cut off transmission of drive forces (Paragraph 0185, lines 1-32), as recognized by Shelton.
Regarding claim 2, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 1, which includes the connection unit (Fig. 4A-4B, Col. 11, lines 3-4) between the first member (Fig. 4A, Col. 11, line 5) and the second member (Fig. 4A, Col. 11, line 4). Birnkrant does not teach that the connection unit includes a stopper disposed on at least one of the first member and the second member, and wherein, in a state in which transmission of the drive force from the drive source to the linear member is cut off in the connection unit, the stopper restricts separation of the first member and the second member by engaging with the other one of the first member and the second
member when the bendable unit is detached.
Shelton, however, teaches a powered surgical instrument that includes a connection unit (Fig. 9, paragraph 0185, lines 4-9) that includes a stopper (Fig. 8-12, paragraph 0186, line 6) disposed on at least one of the first member (Fig. 9, paragraph 0185, line 4) and second member (Fig. 9, paragraph 0185, line 1). Shelton also teaches that, in a state in which transmission of the drive force from the drive source to the linear member is cut off in the connection unit (Paragraph 0185, lines 25-27), the stopper restricts separation of the first and second members (Paragraph 0186, lines 6-9) by engaging with the other one of the first and second members (Paragraph 0186, lines 9-10) when the bendable unit is detached (Paragraph 0185, lines 22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Shelton to include a connection unit that includes a stopper disposed on at least one of the first member and the second member, and wherein, in a state in which transmission of the drive force from the drive source to the linear member is cut off, the stopper restricts separation of the first member and the second member. Doing so would ensure that the first and second members don't become completely separated, even when drive force transmission is cut off (Paragraph 0186, lines 6-10), as recognized by Shelton.
Regarding claim 4, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 1, wherein the connection unit (Fig. 4A-4B, Col. 11, lines 3-4) is between the first member (Fig. 4A, Col. 11, line 5) and the second member (Fig. 4A, Col. 11, line 4). Birnkrant does not teach that the connection unit includes an elastic element which is elastically deformable.
Birnkrant also does not teach, wherein, in a case where pulling force at the first threshold value or less acts between the first and second member a state in which the protruding portion is fitted in the recess portion is maintained with elastic force of the elastic element.
Birnkrant also does not teach, wherein, in a case where pulling force exceeding the first threshold value acts between the first member and the second member, the protruding portion is allowed to come off from the recess portion with elastic deformation of the elastic element.
Birnkrant also does not teach, wherein, in a case where compression force at the second threshold value or less acts between the first member and the second member, the state in which the protruding portion is fitted in the recess portion is maintained with elastic force of the elastic element.
Birnkrant also does not teach, wherein, in a case where compression force exceeding the second threshold value acts between the first member and the second member, the protruding portion is allowed to come off from the recess portion with elastic deformation of the elastic element.
Kishi, however, teaches an operation support device with a connection unit (Fig. 16A-16D, paragraph 0131, line 3) that includes an elastic element which is elastically deformable (Paragraph 0109, lines 10-11). Kishi further teaches that the connection between the protruding portion (Fig. 16C, paragraph 0132, line 1) and recess portion
(Fig. 16C, paragraph 0132, line 2) is maintained with elastic force (Paragraph 0151, lines 18-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the connection unit includes an elastic element which is elastically deformable, and that the connection between the protruding portion and recess portion is maintained with elastic force. Doing so would ensure that the protruding portion and the recess portion can easily maintain a connection or disconnect when needed (Paragraph 0151, lines 18-20), as recognized by Kishi.
Furthermore, based on the above rejections of claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include that when drive forces are transmitted from the drive source when pulling force or compression force are at respective threshold values or less, a state in which the protruding portion is fitted in the recess portion is maintained with elastic force of the elastic element, as this is a connection unit as specified in the rejection of claim 1.
It would have also been obvious to include that when pulling force or compression forces exceed respective threshold values, the protruding portion comes off from the recess portion with elastic deformation of the elastic element, and the drive force is no longer transmitted from the drive source, as this is a connection unit as specified in the rejection of claim 1.
Regarding claim 5, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line
49) according to claim 1, that includes the first member (Fig. 4A, Col. 11, line 5) and the
second member (Fig. 4A, Col. 11, line 4). Birnkrant does not teach that the first member
has a space into which the second member is insertable from one side in the length
direction of the linear member. Birnkrant also does not teach in a state in which the
second member is inserted in the space of the first member, the protruding portion is
fitted in the recess portion.
Kishi, however, teaches an operation support device that includes a first member (Fig. 16A, paragraph 0098, line 5) with a space (Paragraph 0128, line 4) into which a second member (Fig. 16A, paragraph 0098, line 3) is insertable from one side (Paragraph 0128, line 3) in the length direction of the linear member (Fig. 16A-16D). Kishi also teaches that in a state in which the second member is inserted in the space of the first member, the protruding portion (Fig. 16C, paragraph 0132, line 1) is fitted in the recess portion (Fig. 16C, paragraph 0132, line 2).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the first member has a space into which the second member is insertable, and when inserted, the protruding portion is fitted in the recess portion. Doing
so would ensure that the first and second members fit securely with one another, and
further provide a tight and secure fit between the protruding portion and recess portion (Paragraph 0128, lines 1-6), as recognized by Kishi.
Regarding claim 6, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line
49) according to claim 5, wherein the first member (Fig. 4A, Col. 11, line 5) includes a
tubular portion (Fig. 4A-4B, Col. 11, lines 46-49) that has a length in the length direction
(Fig. 4A-4B) of the linear member (Fig. 3A, Col. 9, lines 10-11) and forms the space,
wherein the second member (Fig. 4A, Col. 11, line 4) includes an insertion portion (Fig.
4A-4B, Col. 11, lines 46-49) to be inserted into the space (Fig. 4A-4B) in the tubular portion.
Birnkrant does not teach that the protruding portion is disposed on one of an inner
surface of the tubular portion and an outer surface of the insertion portion, or that the
recess portion is disposed in the other one of the inner surface of the tubular portion and
the outer surface of the insertion portion. Kishi, however, teaches an operation support
device wherein a protruding portion (Fig. 16C, paragraph 0132, line 1) is disposed on the
outer surface of the insertion portion (Fig. 16A-16D), and wherein a recess portion (Fig. 16C, paragraph 0132, line 2) is disposed in the other one of the inner surface of the tubular portion (Fig. 16A-16D).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that a protruding portion can be disposed on one of an inner surface of the tubular portion and an outer surface of the insertion portion, and that the recess portion is disposed in the other one of the inner surface of the tubular portion and the outer surface of the insertion portion. Doing so would ensure a tight and secure fit between the protruding portion and recess portion (Paragraph 0128, lines 1-6), as recognized by Kishi.
Regarding claim 7, Birnkrant teaches a medical apparatus (Fig. 1-2, Col. 7, line 49) comprising: a base unit (Fig. 1-2, Col. 7, line 51) including a drive source (Fig. 3B, Col. 10, line 14) therein; and a bendable unit (Fig. 1-2, Col. 7, line 51) that is to be detachably attached (Fig. 1-2, Col. 8, lines 10-12) to the base unit and includes a bending portion (Fig. 1-2, Col. 7, lines 54-55) and a bending drive unit (Fig. 3A, Col. 9, lines 5-6) configured to receive drive force from the drive source and bend the bending portion (Col. 9, lines 5-7), the bending drive unit including a linear member (Fig. 3A, Col. 9, lines 10-11) connected to the bending portion (Col. 9, lines 17-20), wherein the bendable unit includes a connection unit (Fig. 4A-4B, Col. 11, lines 3-4) including a first member (Fig. 4A, Col. 11, line 5) and a second member (Fig. 4A, Col. 11, line 4).
Birnkrant does not teach that the bendable unit includes a connection unit including a first member connected to a drive source, and a second member connected to the linear member. Birnkrant also does not teach that the connection unit comprises: a first protruding portion and a second protruding portion protruding in a direction intersecting with a length direction of the linear member that are disposed on the first member; a third protruding portion and a fourth protruding portion that are disposed on the second member; and the first member and the second member are connected by the first protruding portion engaging with the third protruding portion and the second protruding portion engaging with the fourth protruding portion.
Kishi, however, teaches an operation support device that includes a connection unit (Fig. 16A-16D, paragraph 0131, line 3) with a first member (Fig. 16A, paragraph 0098, line 5) connected to the drive source (Paragraph 0098, lines 4-5), and a second member (Fig. 16A, paragraph 0098, line 3) connected to the linear member (Paragraph 0104, lines 7-8).
Kishi also teaches that the first member and second member are connected by a protruding portion (Fig. 16C, paragraph 0132, line 1) that is disposed on (Fig. 16C) one of the first member and second member and protrudes in a direction intersecting with a length of the linear member (Fig.16A-16D), being fitted in a recess portion (Fig. 16C, paragraph 0132, line 2) disposed on (Fig. 16C) the other one of the first member and the second member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the connection unit includes a first member connected to a drive source, and a second member connected to the linear member. Doing so would ensure that drive forces can be transmitted from the first member to a second member in order to manipulate a manipulated subject (Paragraph 0098, lines 1-3), as recognized by Kishi.
It also would have been obvious to substitute the hook and aperture connection unit that is disclosed in Birnkrant with the recessed portion and protruding portion connection unit that is disclosed in Kishi. The simple substitution of one known connection unit for another type of connection unit would yield the predictable result of connecting the first member to the second member, thus rendering the claim obvious.
Although Kishi does not disclose a connection unit that uses two protrusion portions rather than a protrusion setting within a recess, the examiner finds the mechanisms obvious variants within the field of endeavor. And although Kishi does not disclose two connection units, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
Birnkrant also does not teach, wherein, in a case where pulling force at a first threshold value or less acts between the first member and the second member, a state in which the first protruding portion is engaged with the third protruding portion is maintained, and the drive force is transmitted from the drive source to the linear member.
Birnkrant also does not teach, wherein, in a case where pulling force exceeding the first threshold value acts between the first member and the second member, the first protruding portion comes off from the third protruding portion, and transmission of the drive force from the drive source to the linear member is cut off.
Birnkrant also does not teach, wherein, in a case where compression force at a second threshold value or less acts between the first member and the second member, a state in which the second protruding portion is engaged with the fourth protruding portion is maintained, and the drive force is transmitted from the drive source to the linear member.
Birnkrant also does not teach, wherein, in a case where compression force exceeding the second threshold value acts between the first member and the second member, the second protruding portion comes off from the fourth protruding portion, and transmission of the drive force from the drive source to the linear member is cut off.
Barenboym, however, teaches a hemostatic clip assembly that allows pulling force
at a first threshold value or less or compression force at a second threshold value or less
to be transmitted to a linear member (Paragraph 0080, lines 11-13). Barenboym also teaches a hemostatic clip assembly that only allows linear transmission forces to be transmitted up to a predetermined level (Paragraph 0080, lines 11-13).
Shelton, however, teaches a powered surgical instrument that transmits drive force from the drive source to the linear member (Fig. 9, paragraph 0185, lines 12-14) when a connection unit maintains a state in which the first and second members are connected (Fig. 9, paragraph 0185, lines 9-11). Furthermore, Shelton teaches a powered surgical instrument that cuts of transmission of the drive force from the drive source to the linear member (Paragraph 0185, lines 25-27) when the connection unit separates the first and second members from each other (Paragraph 0185, lines 22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Barenboym and Shelton to include that the connection unit uses threshold values of either tension or compression forces to transmit drive forces from the drive unit, and that the connection unit separates in order to cut off transmission of the drive force. Doing so would ensure that there is a limit to the amount of tension and compression forces the connection unit can withstand to transmit drive forces (Paragraph 0080, lines 11-13), as recognized by Barenboym. Doing so would also ensure that the connection unit provides a mechanism to either allow transmission of drive forces, or cut off transmission of drive forces (Paragraph 0185, lines 1-32), as recognized by Shelton.
Regarding claim 8, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 7, wherein the connection unit (Fig. 4A-4B, Col. 11, lines 3-4) is between the first member (Fig. 4A, Col. 11, line 5) and the second member (Fig. 4A, Col. 11, line 4). Birnkrant does not teach that the connection unit includes an elastic element which is elastically deformable.
Birnkrant also does not teach, wherein, in a case where pulling force at the first threshold value or less acts between the first member and the second member, a state in which the first protruding portion is engaged with the third protruding portion and the second protruding portion is engaged with the fourth protruding portion is maintained with elastic force of the elastic element.
Birnkrant also does not teach, wherein, in a case where pulling force exceeding the first threshold value acts between the first member and the second member, the first protruding portion is allowed to come off from the third protruding portion, and the second protruding portion is allowed to come off from the fourth protruding portion, with elastic deformation of the elastic element.
Birnkrant also does not teach, wherein, in a case where compression force at the second threshold value or less acts between the first member and the second member, a state in which the first protruding portion is engaged with the third protruding portion and the second protruding portion is engaged with the fourth protruding portion is maintained with elastic force of the elastic element.
Birnkrant also does not teach, wherein, in a case where compression force exceeding the second threshold value acts between the first member and the second member, the first protruding portion is allowed to come off from the third protruding portion, and the second protruding portion is allowed to come off from the fourth protruding portion, with elastic deformation of the elastic element.
Kishi, however, teaches an operation support device with a connection unit (Fig.
16A-16D, paragraph 0131, line 3) that includes an elastic element which is elastically deformable (Paragraph 0109, lines 10-11). Kishi further teaches that the connection
between the protruding portion (Fig. 16C, paragraph 0132, line 1) and recess portion
(Fig. 16C, paragraph 0132, line 2) is maintained with elastic force (Paragraph 0151, lines 18-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the connection unit includes an elastic element which is elastically deformable, and that the connection between the protruding portion and recess portion is maintained with elastic force. Doing so would ensure that the protruding portion and the recess portion can easily maintain a connection or disconnect when needed (Paragraph 0151, lines 18-20), as recognized by Kishi.
Furthermore, based on the above rejections of claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include that when drive forces are transmitted from the drive source when pulling force or compression force are at respective threshold values or less, a state in which the first protruding portion is engaged with the third protruding portion and the second protruding portion is engaged with the fourth protruding portion is maintained with elastic force of the elastic element, as this is a connection unit as specified in the rejection of claim 7.
It would have also been obvious to include that when pulling force or compression forces exceed respective threshold values, the first protruding portion is allowed to come off from the third protruding portion, and the second protruding portion is allowed to come off from the fourth protruding portion, with elastic deformation of the elastic element, and the drive force is no longer transmitted from the drive source, as this is a connection unit as specified in the rejection of claim 7.
Regarding claim 9, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 7, that includes the first member (Fig. 4A, Col. 11, line 5) and the second member (Fig. 4A, Col. 11, line 4). Birnkrant does not teach that the first member has a space into which the second member is insertable from one side in the length direction of the linear member. Birnkrant also does not teach in a state in which the second member is inserted in the space of the first member, the first protruding portion is engaged with the third protruding portion, and the second protruding portion is engaged with the fourth protruding portion.
Kishi, however, teaches an operation support device that includes a first member (Fig. 16A, paragraph 0098, line 5) with a space (Paragraph 0128, line 4) into which a second member (Fig. 16A, paragraph 0098, line 3) is insertable from one side (Paragraph 0128, line 3) in the length direction of the linear member (Fig. 16A-16D). Kishi also
teaches that in a state in which the second member is inserted in the space of the first
member, the protruding portion (Fig. 16C, paragraph 0132, line 1) is fitted in the recess
portion (Fig. 16C, paragraph 0132, line 2).
Although Kishi does not disclose a connection unit that uses two protrusion portions rather than a protrusion setting within a recess, the examiner finds the mechanisms obvious variants within the field of endeavor. And although Kishi does not disclose two connection units, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that the first member has a space into which the second member is insertable, and when inserted, the first and third protruding portions are engaged, and the second and fourth protruding portions are engaged. Doing so would ensure that the first and second members fit securely with one another, and further provide a tight and secure fit between the protruding portion and recess portion (Paragraph 0128, lines 1-6), as recognized by Kishi.
Regarding claim 10, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 9, wherein the first member (Fig. 4A, Col. 11, line 5) includes a tubular portion (Fig. 4A-4B, Col. 11, lines 46-49) that has a length in the length direction (Fig. 4A-4B) of the linear member (Fig. 3A, Col. 9, lines 10-11) and forms the space, wherein the second member (Fig. 4A, Col. 11, line 4) includes an insertion portion (Fig. 4A-4B, Col. 11, lines 46-49) to be inserted into the space (Fig. 4A-4B) in the tubular portion.
Birnkrant does not teach that the first protruding portion and the second protruding portion are disposed on an inner surface of the tubular portion, and wherein the third protruding portion and the fourth protruding portion are disposed on an outer surface of the insertion portion.
Kishi, however, teaches an operation support device wherein a protruding portion (Fig. 16C, paragraph 0132, line 1) is disposed on the outer surface of the insertion portion (Fig. 16A-16D), and wherein a recess portion (Fig. 16C, paragraph 0132, line 2) is disposed in the other one of the inner surface of the tubular portion (Fig. 16A-16D).
Although Kishi does not disclose a connection unit that uses two protrusion portions rather than a protrusion setting within a recess, the examiner finds the mechanisms obvious variants within the field of endeavor. And although Kishi does not disclose two connection units, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include that a first and second protruding portion are disposed on an inner surface of the tubular portion, and that a third and fourth protruding portion are disposed on an outer surface of the insertion portion. Doing so would ensure a tight and secure fit between the protruding portion and recess portion (Paragraph 0128, lines 1-6), as recognized by Kishi.
Regarding claim 14, Birnkrant teaches the medical apparatus (Fig. 1-2, Col. 7, line 49) according to claim 1, further comprising: a plurality of drive sources (Fig. 3B, Col. 10, line 14); and a plurality of linear members (Fig. 3A, Col. 9, lines 10-11) configured to bend the bending portion (Fig. 1-2, Col. 7, lines 54-55) by being respectively driven by (Col. 9, lines 5-7) the plurality of drive sources, wherein the connection unit (Fig. 4A-4B, Col. 11, lines 3-4) is disposed for each set of a drive source and a linear member (Fig. 3A, Col. 9, lines 10-11) that includes one drive source (Fig. 3A-3B) of the plurality of drive sources, and one linear member (Fig. 3A-3B) of the plurality of linear members that is to be driven by the corresponding drive source. Birnkrant does not specifically teach a plurality of drive sources. Kishi, however, teaches an operation support device that includes one or more drive sources (Paragraph 0090, lines 2-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Birnkrant to incorporate the teachings of Kishi to include a plurality of drive sources that correlate to a plurality of linear members. Doing so would ensure each linear member is individually and properly controlled, so as to best manipulate the bending portion of the bending unit of said medical apparatus (Paragraph 0090, lines 2-3), as recognized by Kishi.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/H.A.H./Patent Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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