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 Amendment filed June 8th, 2026 has been entered. Claims 1 has been amended. Claim 2 has been cancelled. Claims 1, 3-13 are now pending in the application, with claims 6-8 and 12-13 withdrawn. The previous 35 USC 112 (b) rejections of claim 1 are withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
In response to arguments that Christensen (EP 4306034 A1) does not disclose “wherein the pressing part is configured to be movable in a direction orthogonal to a rotary shaft of the rotation operating part” the examiner respectfully disagrees. As detailed below, the pressing part of Christensen is interpreted by the examiner as being a combination of the brake activator (32) and the brake part (34/36) since the two work together in order to carry out the required braking function, specifically, the brake activator (32) activates braking or locking, which engages contact between the brake part (34/36) and respective operation units (24/28) having the engaging part (26/30) [0080]. Essentially, both the brake activator (32) and the brake part (34/36) carry out the required function together and act conjointly as the pressing part. Therefore, the brake activator can read on the limitation of the pressing part being movable in an orthogonal direction, since it is a part of the pressing part and has the ability to be rotatable in an anticlockwise direction via its lever portion, i.e. making it rotatable in a direction orthogonal to the axial direction [0092].
The examiner is maintaining the rejection with Christensen (EP 4306034 A1) under 35 U.S.C. 102(a)(2), however, the examiner has updated the rejection to provide more clarity and rationale.
Examiner Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
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.
Claim(s) 1-5, 9-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Christensen (EP 4306034 A1, using US 20240016369 A1 as an English equivalent).
Regarding Claim 1, Christensen discloses
An endoscope (2, FIG. 1) comprising:
a rotation operating part (wire drums 44/46, FIG. 3) that is rotatably provided on an endoscope operation unit (endoscope handle 4, FIG. 1) and that moves a bending operation wire (steering wires of wire drums 44/46, FIG. 3) forward and backward by being rotationally operated (par. 84 discloses rotations of manually operable elements leads to rotation of drums which leads to pulling movement of steering wires);
an engaging part (manually operable element 26/ 30, FIG. 2) that frictionally engages with the rotation operating part (par. 84 discloses manually operable element frictionally engaged to wire drum via snap connection); and
a pressing part (brake activator 32 + brake part 34/36, FIG. 2-3) that is movable between a braking position in which the pressing part comes into contact with the engaging part (FIG. 9, par. 88 disclose frictional engagement of respective engagement surfaces in brake-on position) and
a non-braking position in which the pressing part is positioned on a distal side with respect to the engaging part from the braking position (FIG. 8, par. 88 disclose no frictional engagement of respective engagement surfaces in brake-off position),
wherein the pressing part is configured to be movable in a direction orthogonal to a rotary shaft of the rotation operating part (par. 87 discloses shaft portion of wire drum, par. 92 discloses brake activator is rotatable in an anticlockwise direction via its lever portion, therefore, the brake activator would be rotatable in a direction orthogonal to the axial direction, i.e. direction of shaft portion, as depicted in FIG. 14, which indicates that the brake activator would be rotatable in a direction orthogonal to a shaft of the wire drum which would extend in the longitudinal direction),
wherein the rotation operating part and the engaging part are integrally rotatable in a case where the pressing part is positioned at the non-braking position (par. 82 discloses manually operable elements freely rotatable in brake-off position, par. 84 discloses wire drums rotate in relation to manually operable elements) and
the rotation operating part and the engaging part are rotatable relative to each other in a case where the pressing part is positioned at the braking position (par. 82 discloses rotation of manually operable elements restricted in brake-on position, par. 84 discloses wire drums rotate in relation to manually operable elements).
Regarding Claim 3, Christensen discloses
The endoscope according to claim 1, wherein the non-braking position is a position at which the pressing part is separated from the engaging part (FIG. 8, par. 88 disclose no frictional engagement of respective engagement surfaces in brake-off position).
Regarding Claim 4, Christensen discloses
The endoscope according to claim 1, wherein the engaging part and the rotation operating part are frictionally engaged with each other by a friction material (par. 84 discloses manually operable element frictionally engaged to wire drum via snap connection, par. 35 discloses manually operable elements made of polymer or plastic material).
Regarding Claim 5, Christensen discloses
The endoscope according to claim 4, wherein the friction material is made of an elastic member (par. 35 discloses manually operable elements made of polymer or plastic material, i.e. elastic).
Regarding Claim 9, Christensen discloses
The endoscope according to claim 1, wherein the pressing part and the engaging part are frictionally engaged with each other in a case where the pressing part is positioned at the braking position (FIG. 9, par. 88 disclose frictional engagement of respective engagement surfaces in brake-on position).
Regarding Claim 10, Christensen discloses
The endoscope according to claim 9, wherein the pressing part and the engaging part are frictionally engaged with each other by a friction material (coil spring 80, FIG. 10, 17, par. 89 disclose frictional engagement of respective engagement surfaces via coil spring).
Regarding Claim 11, Christensen discloses
The endoscope according to claim 9, wherein in a case where the pressing part is positioned at the braking position (par. 88 discloses brake-on position),
a frictional force generated between the engaging part and the rotation operating part is defined as a first frictional force (par. 84 discloses manually operable element frictionally engaged to wire drum via snap connection), and
a frictional force generated between the pressing part and the engaging part is defined as a second frictional force (FIG. 9, par. 88 disclose frictional engagement of respective engagement surfaces),
the first frictional force is smaller than the second frictional force (par. 84 discloses snap connection between engaging element and drum, which are two rotatable elements, whereas par. 88 discloses a coil spring forcibly pressing rotationally stationary brake parts against rotationally movable manually operable elements, i.e. generating a larger frictional force).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Christensen et al. (US 20230148844 A1, hereinafter Christensen).
Regarding Claim 1, Christensen discloses
An endoscope (endoscope 1, FIG. 1) comprising:
a rotation operating part (steering control element 6a, FIGS. 2-4) that is rotatably provided on an endoscope operation unit (proximal endoscope handle 2, FIG. 1) and that moves a bending operation wire (steering wires 12a, FIG. 2) forward and backward by being rotationally operated (par. 53-54 disclose rotation of steering control element causes pulling or loosening of wires to control bending section);
an engaging part (cam surface unit 19a, FIGS. 3-4) that frictionally engages with the rotation operating part (FIGS. 3-4, par. 56 disclose the friction fit assembly is accommodated in the steering control element, par. 60-61 disclose cam surface unit is apart of friction fit assembly and is frictionally engaged by friction discs); and
a pressing part (cam 20a, FIGS. 3-4) that is movable between a braking position in which the pressing part comes into contact with the engaging part (depicted in FIG. 4) and
a non-braking position in which the pressing part is positioned on a distal side with respect to the engaging part from the braking position (depicted in FIG. 3),
wherein the pressing part is configured to be movable in a direction orthogonal to a rotary shaft (central shaft 8, FIGS. 2-4) of the rotation operating part (par. 62 discloses when the braking control element is rotated, the cam is moved in a circumferential direction, i.e. around shaft),
wherein the rotation operating part and the engaging part are integrally rotatable in a case where the pressing part is positioned at the non-braking position (par. 52 discloses steering control element rotatably supported by central shaft, par. 56 discloses friction fit assembly, which includes the cam surface unit, is accommodated within the steering control element, i.e. integrally rotatable) and
the rotation operating part and the engaging part are rotatable relative to each other in a case where the pressing part is positioned at the braking position (par. 52 discloses steering control element rotatably supported by central shaft, par. 56 discloses friction fit assembly, which includes the cam surface unit, is accommodated within the steering control element, par. 64-65 disclose steering control element and friction fit assembly/ cam surface unit are rotated relative to each other during braking).
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.
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.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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