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 March 3rd, 2026 has been entered. Claims 1, 3-5, 7 have been amended. New Claims 16-22 have been added and Claims 2 and 8 have been cancelled. Claims 1, 3-7, 9-22 are now pending in the application, with claims 12-15 withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner’s 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”. 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 § 103
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 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.
Claim(s) 1, 5-7, 11, 19, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter (US 20150011830 A1, hereinafter Hunter) in view of Belson et al. (US 20020062062 A1, hereinafter Belson).
Regarding Claim 1, Hunter discloses
An endoscope (endoscope 100, FIG. 1) having a proximal end (body section 101) and a distal end (turning section 105) with a steerable distal tip (distal tip module 107, FIG. 1),
the endoscope having a long axis (longitudinal axis 115) between the distal end and the proximal end (depicted in FIG. 6), comprising:
a motor (motor 120) positioned within an interior of the endoscope (depicted in FIG. 2A), the motor comprising an axle (gear assembly 122, FIG. 3A);
a drum (shaft 124, FIG. 2A) connected to the axle such that rotation of the axle causes rotation of the drum about a rotation axis of the drum (par. 38 discloses rotation of gear assembly causes rotation of shaft),
wherein the rotation axis of the drum is parallel to the long axis of the endoscope (par. 65, FIG. 6-7D disclose shaft is coupled to and rotated with output gears of gear assembly which rotate parallel to longitudinal axis, and rotation of shaft is parallel as well; par. 38 discloses rotary to linear transmission); and
a pull wire (control wire 140/141, FIGS. 2A, 3),
such that rotation of the drum causes the pull wire to wind around the drum (par. 65 discloses rotation of shaft causes cable to wrap around shaft).
However, Hunter does not disclose wherein the drum comprises a winding port; and
a pull wire threaded through the winding port of the drum,
Belson teaches an analogous endoscope (200, FIGS. 10-11B) with a steerable distal tip (multiple segments 192, FIG. 8). The endoscope (200) includes an individual motor (204, FIG. 10), used for actuating the segments (192), which includes a rotatable shaft (i.e. axle) rotatably connected to a spool (206, FIG. 10, i.e. drum) with a cable (208, FIG. 10, i.e. pull wire) wound about the spool [0047-0048]. The drum (208) further includes a cable guide (210, FIGS. 11A-11B, i.e. winding port) including a channel (212, FIGS. 11A-11B) through which the cable (208) is threaded and wound [0048].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the drum of Hunter with the cable guide of Belson in order to provide a tool that serves to capture, guide, and anchor the pull wire wound around the drum, while also serving the purpose of reducing the diameter of segments (i.e. modules in the case of Hunter) [Belson – 0048, 0051].
Regarding Claim 5, Hunter, as previously modified by Belson, discloses all of the elements of the current invention disclosed in claim 1, and Hunter further discloses
wherein the endoscope further comprises an electrical interface (body module 162, FIG. 3A) positioned proximal from the motor (depicted in FIG. 3A),
wherein the electrical interface includes electrical contacts for receiving signals from an external device (handle 200 + control panel 220 + display 222, FIG. 3A; par. 60-62 disclose control wires/ cables run through body module and connected to an external endoscope handle and devices connected to it).
Regarding Claim 6, Hunter, as previously modified by Belson, discloses all of the elements of the current invention disclosed in claim 1, and Hunter further discloses
wherein a maximum diameter of the motor is less than 6 mm (par. 63 discloses motor has a diameter of approximately 6 mm, i.e. capable of being less than 6).
Regarding Claim 7, Hunter discloses
An endoscope (endoscope 100, FIG. 1) comprising:
a proximal end (body section 101 + motor module 103) housing a drive system (rotary to linear transmission 126, FIG. 2A);
a distal end (turning section 105) including a steerable distal tip (distal tip module 107, FIG. 1); and
a pull wire (control wire 140/141) having a proximal end (127/ 128), coupled to the drive system (depicted in FIG. 2A), and
a distal end affixed to the steerable distal tip (depicted in FIG. 2A);
wherein the drive system comprises:
a motor (motor 120) positioned within an interior of the endoscope (depicted in FIG. 2A), the motor comprising an axle (gear assembly 122, FIG. 3A);
a drum (shaft 124, FIG. 2A) connected to the axle such that rotation of the axle causes rotation of the drum about a rotation axis of the drum (par. 38 discloses rotation of gear assembly causes rotation of shaft), wherein:
rotation of the drum in a first direction causes the distal tip to bend in a first direction; and rotation of the drum in a second direction cause the distal tip to bend in a second direction (par. 65 discloses rotation of shaft allows for directional control in two orthogonal planes, thereby allowing the tip to deflect in any selected direction, moreover, the rotation of shaft in one direction or another will cause deflection of tip in one direction or another).
However, Hunter does not disclose the proximal end of the pull wire is threaded through a winding port of the drum.
Belson teaches an analogous endoscope (200, FIGS. 10-11B) with a steerable distal tip (multiple segments 192, FIG. 8). The endoscope (200) includes an individual motor (204, FIG. 10), used for actuating the segments (192), which includes a rotatable shaft (i.e. axle) rotatably connected to a spool (206, FIG. 10, i.e. drum) with a cable (208, FIG. 10, i.e. pull wire) wound about the spool [0047-0048]. The drum (208) further includes a cable guide (210, FIGS. 11A-11B, i.e. winding port) including a channel (212, FIGS. 11A-11B) through which the cable (208) is threaded and wound [0048].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the drum of Hunter with the cable guide of Belson in order to provide a tool that serves to capture, guide, and anchor the pull wire wound around the drum, while also serving the purpose of reducing the diameter of segments (i.e. modules in the case of Hunter) [Belson – 0048, 0051].
Regarding Claim 11, Hunter, as previously modified by Belson, discloses all of the elements of the current invention disclosed in claim 7, and Hunter further discloses
wherein a maximum outer diameter of the proximal end and the distal end of the endoscope is less than 6 mm (par. 59 discloses each module, i.e. proximal end module and distal end module, can be about 4mm in diameter).
Regarding Claim 19, Hunter, as previously modified by Belson, discloses all of the elements of the current invention disclosed in claim 1, and Hunter further discloses
the endoscope further comprising:
a mount coupling the first motor to the interior of the endoscope (par. 65 discloses motors can be mounted within endoscope),
the mount having a passthrough (depicted in FIG. 3A);
a second motor (second motor 171, FIG. 3A) positioned within the interior of the distal end of the endoscope (depicted in FIG. 3A; par. 64-65 disclose second motor, as depicted in FIG. 3A, par. 56 discloses motor modules plural, implying each motor can have its own module, i.e. each of the components of the first motor module),
the second motor comprising a second axle (gear assembly 122, FIG. 3A);
a second drum (shaft 124, FIG. 2A) connected to the second axle such that rotation of the second axle causes rotation of the second drum about a second rotation axis of the second drum (par. 38 discloses rotation of gear assembly causes rotation of shaft),
wherein the second rotation axis of the drum is parallel to the long axis of the endoscope (par. 65, FIG. 6-7D disclose shaft is coupled to and rotated with output gears of gear assembly which rotate parallel to longitudinal axis, and rotation of shaft is parallel as well; par. 38 discloses rotary to linear transmission) and
wherein the second drum comprises a second winding port (par. 38, 65 disclose shaft is connected/ attached to the cables and cables are wound around shaft, i.e. cables must be attached within some sort of port on shaft); and
a second pull wire routed past the first motor through the passthrough (depicted in FIGS. 3A, 6),
wherein the second pull wire is threaded through the second winding port of the second drum (FIGS. 2A, 6, par. 65 disclose cables are wound around shaft),
such that rotation of the second drum causes the second pull wire to wind around the second drum (par. 65 discloses rotation of shaft causes cable to wrap around shaft).
Regarding Claim 22, Hunter, as previously modified by Belson, discloses all of the elements of the current invention disclosed in claim 5, and Hunter further discloses
wherein the external device is a video laryngoscope (FIG. 3A, par. 51-53 disclose endoscopic device handle connected to control panel and video device via wires/ cables, i.e. capable of connecting to a video laryngoscope).
Claim(s) 1, 3-5, 7, 9-10, 16-18, 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christensen et al. (US 20230309801 A1, hereinafter Christensen) in view of Tanii et al. (US 5469840 A, hereinafter Tanii).
Regarding Claim 1, Christensen discloses
An endoscope (1, FIG. 1) having a proximal end (handle unit 2) and a distal end with a steerable distal tip (distal tip unit 4, FIG. 2),
the endoscope having a long axis between the distal end and the proximal end (par. 68 discloses rotation of handle wheels will cause rotation of wire drum, par. 69 discloses handle wheel is rotated between directions A and B, acting directly with the rotation of wire drum; Claim 31 discloses longitudinal axis across drum, i.e. direction A to B in FIG. 2),
the endoscope comprising:
a drum (wire drum 8/ 12; par. 72 discloses both wire drums have same configuration and the features) connected to an axle (handle wheels 9, 13) such that rotation of the axle causes rotation of the drum about a rotation axis of the drum (par. 68 discloses rotation of handle wheels will cause rotation of wire drum, par. 70 discloses wire drums and handle wheels will rotate about a common rotational axis),
wherein the rotation axis of the drum is parallel to the long axis of the endoscope (FIG. 2 discloses direction A to B runs parallel to the direction of rotation U to D; Claim 31 discloses longitudinal axis across drum, i.e. direction A to B in FIG. 2, par. 69 discloses handle wheel is rotated between directions A and B, acting directly with the rotation of wire drum in directions U and D; the long axis is being defined as the longitudinal axis across the drum which follows the same path, i.e. direction A to B, as the rotation axis of the drum which allows rotation from directions U to D and FIG. 2 makes it apparent that these axes are parallel. Moreover, this longitudinal axis extends across the drum which is disposed between the distal and proximal ends); and
wherein the drum comprises a winding port (grooves 18, FIG. 3); and
a pull wire (steering wires 6,7 / 10,11) threaded through the winding port of the drum (FIG. 5, par. 80 disclose wires are wound/ guided through grooves),
such that rotation of the drum causes the pull wire to wind around the drum (FIG. 5-7, par. 80 disclose wire is wound up on the drum by turning the drum).
However, Christensen does not disclose a motor positioned within an interior of the endoscope, the motor comprising an axle.
Tanii teaches an analogous endoscope (500/ 501, FIG. 31) having an operation portion (502, FIG. 31, i.e. proximal end) and an insertion portion (503, FIG. 31, i.e. distal end), including a steerable distal tip (warp-enabled portion 505, FIG. 31) which is articulated by a motor (DC driving motor 507, FIG. 31). The motor includes a drive shaft (508, FIG. 32, i.e. axle) which can be connected to and cause rotation of a sprocket 509 (11, i.e. drum) directly resulting in the articulation of the distal tip (505). Moreover, rotation axis of drum (11) is parallel to longitudinal axis of endoscope [FIG. 32].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope of Christensen with the motor of Tanii in order to provide a motorized control system that allows for more fine-tuned and controllable actuation of the distal tip and is adaptable with external motor control devices which allow for automatic regulation of the bending amount and bending speed of the distal tip [Tanii – Col. 30, Ln. 20-45].
Regarding Claim 3, Christensen, as previously modified by Tanii, discloses all of the
elements of the current invention disclosed in claim 1, Christensen further discloses
further comprising an anchoring cylinder (fixation protrusion 19 + circumferential flange portion 14, FIG. 3), wherein the anchoring cylinder comprises an anchoring port (fixation holes 23a, 23b) through which the pull wire is threaded (par. 78 discloses steering wire is led back to and through the fixation hole).
Regarding Claim 4, Christensen, as previously modified by Tanii, discloses all of the
elements of the current invention disclosed in claim 3, Christensen further discloses
wherein the pull wire is anchored to the anchoring cylinder (par. 83 discloses steering wires are fixed to fixation holes).
Regarding Claim 5, Christensen, as previously modified by Tanii, discloses all of the
elements of the current invention disclosed in claim 1, Tanii further teaches
wherein the endoscope further comprises an electrical interface (universal cord 515, FIG. 31) positioned proximal from the motor (depicted in FIG. 31),
wherein the electrical interface includes electrical contacts for receiving signals from an external device (Col. 30, Ln. 1-5 disclose driving motor is electrically connected to a motor control device via signal lines, i.e. electrical contacts, which pass through the universal cord).
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope of Christensen with the electrical interface of Tanii in order to provide an electric connection between the endoscope and external devices which can provide additional functionality to the invention, such as allow for automatic regulation of the bending amount and bending speed of the distal tip [Tanii – Col. 30, Ln. 20-45].
Regarding Claim 7, Christensen discloses
An endoscope (1, FIG. 1) comprising:
a proximal end (handle unit 2) housing a drive system (bending mechanism 5, FIG. 2);
a distal end including a steerable distal tip (distal tip unit 4, FIG. 2); and
a pull wire (steering wires 6,7 / 10,11) having a proximal end, coupled to the drive system, and a distal end affixed to the steerable distal tip (depicted in FIG. 2);
wherein the drive system comprises:
a drum (wire drum 8/ 12; par. 72 discloses both wire drums have same configuration and the features) connected to an axle (handle wheels 9, 13) such that rotation of the axle causes rotation of the drum about a rotation of a rotation axis of the drum that is parallel to a long axis of the endoscope (par. 68 discloses rotation of handle wheels will cause rotation of wire drum, par. 70 discloses wire drums and handle wheels will rotate about a common rotational axis; FIG. 2 discloses direction A to B runs parallel to the direction of rotation U to D; Claim 31 discloses longitudinal axis across drum, i.e. direction A to B in FIG. 2; par. 69 discloses handle wheel is rotated between directions A and B, acting directly with the rotation of wire drum in directions U and D; the long axis is being defined as the longitudinal axis across the drum which follows the same path, i.e. direction A to B, as the rotation axis of the drum which allows rotation from directions U to D and FIG. 2 makes it apparent that these axes are parallel. Moreover, this longitudinal axis extends across the drum which is disposed between the distal and proximal ends), wherein:
the proximal end of the pull wire is threaded through a winding port (grooves 18, FIG. 3) of the drum (FIG. 5, par. 80 disclose wires are wound/ guided through grooves);
rotation of the drum in a first direction causes the distal tip to bend in a first direction (FIG. 2, par. 70 disclose counter-clockwise rotation of handle wheel, i.e. rotation of drum, causes distal tip unit bending in a first direction); and
rotation of the drum in a second direction cause the distal tip to bend in a second direction (FIG. 2, par. 70 discloses counter-clockwise rotation of handle wheel, i.e. rotation of drum, causes distal tip unit bending in a second direction).
However, Christensen does not disclose a motor positioned within an interior of the endoscope, the motor comprising an axle.
Tanii teaches an analogous endoscope (500/ 501, FIG. 31) having an operation portion (502, FIG. 31, i.e. proximal end) and an insertion portion (503, FIG. 31, i.e. distal end), including a steerable distal tip (warp-enabled portion 505, FIG. 31) which is articulated by a motor (DC driving motor 507, FIG. 31). The motor includes a drive shaft (508, FIG. 32, i.e. axle) which can be connected to and cause rotation of a sprocket 509 (11, i.e. drum) directly resulting in the articulation of the distal tip (505). Moreover, rotation axis of drum (11) is parallel to longitudinal axis of endoscope [FIG. 32].
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope of Christensen with the motor of Tanii in order to provide a motorized control system that allows for more fine-tuned and controllable actuation of the distal tip and is adaptable with external motor control devices which allow for automatic regulation of the bending amount and bending speed of the distal tip [Tanii – Col. 30, Ln. 20-45].
Regarding Claim 9, Christensen, as previously modified by Tanii, discloses all of the
elements of the current invention disclosed in claim 7, Christensen further discloses
further comprising: an anchoring cylinder (fixation protrusion 19 + circumferential flange portion 14, FIG. 3) affixed to the endoscope (depicted in FIG. 8),
wherein the proximal end of the pull wire is affixed to the anchoring cylinder (FIG. 8, par. 83 discloses steering wires are fixed to fixation hole),
wherein the anchoring cylinder comprises: an anchoring port (fixation holes 23a, 23b) through which the pull wire is threaded (par. 78 discloses steering wire is led back to and through the fixation hole).
Regarding Claim 10, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 9, Christensen further discloses
The endoscope of claim 9, wherein a diameter of the drum is less than a diameter of the anchoring cylinder (depicted in FIG. 3).
Regarding Claim 16, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 1, Christensen further discloses
wherein the pull wire (steering wires 6,7 / 10,11, FIGS. 5-8) is a first pull wire (steering wires 6/10, FIGS. 5-8),
the endoscope further comprises a second pull wire (steering wires 7/11, FIGS. 5-8) threaded through the winding port of the drum (depicted in FIGS. 5-8).
Regarding Claim 17, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 16, Christensen further discloses
the endoscope further comprising an anchoring cylinder (fixation protrusion 19 + circumferential flange portion 14, FIG. 3),
wherein the anchoring cylinder comprises a first anchoring port (fixation hole 23b, FIG. 3) through which the first pull wire is threaded and a second anchoring port (fixation hole 23a, FIG. 3) through which the second pull wire is threaded (par. 78 discloses second steering wire is led back to and through the fixation hole, i.e. threaded, par. 80 discloses first steering wire is led back to and through the fixation hole, i.e. threaded).
Regarding Claim 18, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 16, Christensen further discloses
wherein the first pull wire and the second pull wire are wound around the drum in different directions (par. 81 discloses first wire wound around drum in counter-clockwise direction and second wire wound in clockwise direction).
Regarding Claim 20, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 1, Christensen further discloses
wherein the winding port allows the pull wire to be threaded between an interior of the drum and an exterior of the drum (depicted in FIGS. 3-8).
Regarding Claim 21, Christensen, as previously modified by Tanii, discloses all of the elements of the current invention disclosed in claim 1, Tanii further discloses
wherein the motor is controlled by an external device (motor control device 516, FIG. 31).
It would have been obvious to one of ordinary skill in the art at the effective filing date of
the invention to provide the endoscope of Christensen with the external device of Tanii in order to provide a control apparatus which can provide additional functionality to the invention, such as allow for automatic regulation of the bending amount and bending speed of the distal tip [Tanii – Col. 30, Ln. 20-45].
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.
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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
Prosecution Insights