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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 13, 2024 was considered by the examiner. It is noted that the US Publication reference numbers are incorrect (i.e. all missing the first “0” after the slash). The Examiner has corrected these numbers on the returned form.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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
a) “the axial length of the flexible webs of the first living hinge element is different to the length of the flexible webs of the second living hinge element” (claim 6);
b) “the circumferential width of the flexible webs of the first living hinge element is different to the width of the flexible webs of the second living hinge element” (claim 6);
c) “the radial thickness of the flexible webs of the first living hinge element is different to the width of the flexible webs of the second living hinge element” (claim 6);
must be shown or the feature(s) canceled from the claim(s). 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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riojas et al. (US 2019/0133705, hereinafter “Riojas”).
As to claim 1, Riojas discloses a bendable member (defectable tube device 220, e.g. Figs.1,2,7) for an imaging endoscope, said bendable member comprising a series of constructional elements (bend sections 256/276, Figs1A,1B,2A, 300, Fig.7A) arranged longitudinally in series along the bendable member (Figs.1A,1B,2A,7A) and formed integrally (shown integrally formed in Figs.1A,7A) with a plurality of living hinge elements (bend joints 254/274, Fig.2A, and beams between cutouts 302 in Fig.7A) that permit bending between adjacent constructional elements ([0068]), wherein, when the bendable member is straight (e.g. Fig.2B), a first living hinge element of the plurality of living hinge elements has a different bending stiffness to a second living hinge element of the plurality of living hinge elements (taking one of bend joints 254 as the first living hinge element and one of bend joints 274 as the second living hinge element (see Fig.2A), Riojas teaches that different plastic materials can be used to form tubes 222 and 224, and each tube 222/224 can have a different wall thickness ([0067]), both (type of material and thickness) of which will create different bending stiffnesses between bend joints 254 and 274; additionally, taking one of the bend joints 254 (or 274) as the first living hinge element and another of the bend joints 254 (or 274) as the second living hinge element (Fig.2A), Riojas teaches that different cut depths of the cutouts 252/272, Fig.2A, (which affects the width of the bend joints), the axial length of the cutouts 252/272 (which affects the length of the bend joints) can be different ([0066], see for example Fig.5, which shows differing cutout depths), and thus the bending stiffness for the bend joints that differ in dimension will be different from each other, [0089]-[0090]).
As to claim 2, a first set of living hinge elements have a first predetermined bending stiffness, and a second set of living hinge elements have a second predetermined bending stiffness, and wherein the first and second predetermined bending stiffnesses are different (taking bend joints 254 as the first set of living hinge elements and bend joints 274 as the second set of living hinge elements (see Fig.2A), Riojas teaches that different plastic materials can be used to form tubes 222 and 224, and each tube 222/224 can have a different wall thickness ([0067]), both (type of material and thickness) of which will create different bending stiffnesses between the set of bend joints 254 and the set of bend joints 274).
As to claim 3, the bending stiffness of each of the living hinge elements along the length of the bendable member differ from one another (taking one of the bend joints 254 (or 274) as the first living hinge element and another of the bend joints 254 (or 274) as the second living hinge element (Fig.2A), the bending stiffness of each hinge element 254 (or 274) along the length can be made different from one another, with different widths, as shown in Fig.5B, [0089]-[0090]).
As to claim 4, the first living hinge element has at least one dimension which is different to a corresponding dimension of the second living hinge element (Fig.5B, widths are different; additionally, the thicknesses can be different, [0067]).
As to claim 5, the living hinge elements comprise a pair of flexible web portions (each opposing set of bend joints 254/274, Figs.2A,2B, would constitute a pair of flexible web portions).
As to claim 6, at least one of (i), (ii) and (iii) applies:(i) the axial length of the flexible webs of the first living hinge element is different to the length of the flexible webs of the second living hinge element. (ii) the circumferential width of the flexible webs of the first living hinge element is different to the width of the flexible webs of the second living hinge element. (iii) the radial thickness of the flexible webs of the first living hinge element is different to the width of the flexible webs of the second living hinge element (as set forth above with respect to claims 1-4, all of the lengths, widths, and thicknesses of the bend joints 254/274 can be different from each other depending on desired performance characteristics, [0066],[0067]).
As to claim 7, wherein the pitch between adjacent living hinge elements is substantially uniform along the length of the bendable member (substantially uniform pitch as shown in Fig.2A,2B), optionally wherein the pitch between adjacent living hinge elements is in a range of from 1 mm to 20 mm.
As to claim 8, each selected living hinge element is circumferentially angularly offset with respect to an immediately axially adjacent living hinge element by 90 degrees when viewed in a cross-section perpendicular to the axial direction of the bendable member (the bendable member can also be formed of opposing slit pairs 302, Fig.7A, in at least tube 222, each opposing slit pair creating living hinge elements (LH) that are angularly offset by 90 degrees with respect to an immediately axially adjacent pair, [0101], as shown in the annotated figure of Fig.7A below).
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As to claim 9, wherein the constructional elements comprise a body having at least a radially outer surface (RS in annotated figure 1 below), and first and second opposing sidewall surfaces (SW1,SW2 in annotated figure 1 below), and wherein each living hinge element comprises a pair of flexible web portions (FW in annotated figure 1 below) extending parallel to the axial direction of the bendable member from the first sidewall surface of a first constructional element to the second sidewall surface (SW3) of an axially adjacent constructional element, wherein the flexible web portions are disposed to be circumferentially about 180 degrees apart on the sidewall surface of the constructional elements (one FW is 180 degrees from other FW); (additionally, similar features for the constructional elements of section 300 of the bending member (see Figs.7A,7B,7C) are shown in annotated figure 2 below).
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As to claim 11, the bendable member comprises first and second coaxially arranged parts (tubes 222, 224, Figs.2A and 7B are coaxially arranged as shown in Figs. 2B and 7A), each of the coaxially arranged parts of the bendable member being formed from a series of constructional elements (256 in Fig.2A, shown but not numbered in Fig.7A) arranged longitudinally in series along the bendable member and formed integrally with a plurality of living hinge elements (254/274 in Fig.2A, shown but not numbered in Fig.7A)that permit bending between adjacent constructional elements.
As to claim 12, the first coaxially arranged part comprises a sheath portion (tube 222, Figs.2A,7B) comprising a series of sheath ring segments (256, Fig.2A, shown but not numbered in Fig.7B) formed integrally with sheath living hinge elements (254, Fig.2A, shown but not numbered in Fig.7B), the sheath portion being bendable by bending of the sheath living hinge elements ([0068]); and the second coaxially arranged part comprises a spine portion (tube 224, Figs.2A,7B) comprising a series of radially extending spacer segments (267, Fig.2A, shown but not numbered in Fig.7B) formed integrally with spine living hinge elements (274, Fig.2A, shown but not numbered in Fig.7B), the spine portion being bendable by bending of the spine living hinge elements ([0069]); wherein one or both of (i) and (ii) applies: (i) a first sheath living hinge element has a different bending stiffness to a second sheath living hinge element; (ii) a first spine living hinge element has a different bending stiffness to a second spine living hinge element (Riojas teaches that different cut depths of the cutouts 252/272, Fig.2A, (which affects the width of the bend joints), the axial length of the cutouts 252/272 (which affects the length of the bend joints) can be different ([0066], see for example Fig.5, which shows differing cutout depths), and thus the bending stiffness for the bend joints that differ in dimension will be different from each other, [0089]-[0090]).
As to claim 13, Riojas discloses an imaging endoscope comprising:
a hand controller (control handle 350, Figs.10A,10B);
an insertion section (tube 220, Fig.1A,7A,10A) having a proximal end connected to the hand controller (Fig.10A) and a distal end for insertion into a subject ([0003],[0080]), wherein a distal tip assembly (distal most end of tube 220, where lumen 226 exits, Fig.1A, [0058]) is located at the distal end of the insertion section and a steering section (deflectable part 212, Figs.1A,7A,10A) is located adjacent and proximal to the distal tip, said steering section being bendable for steering by operation of the hand controller ([0117]);
wherein at least a part of the insertion section comprises a bendable member (transmission segment 300, Fig.7A,7B), said bendable member comprising a series of constructional elements (not numbered but shown as ring shaped members between slits 302 tubes 222,224, Fig.7A,7B) arranged longitudinally in series along the bendable member (as shown in Fig.7A) and formed integrally (shown integrally formed in Figs.7A) with a plurality of living hinge elements (beams between cutouts 302 in tubes 222,224, Fig.7A,7B) that permit bending between adjacent constructional elements ([0102]), wherein, when the bendable member is straight (e.g. Fig.7A), a first living hinge element of the plurality of living hinge elements has a different bending stiffness to a second living hinge element of the plurality of living hinge elements (taking one living hinges on tube 222 as the first living hinge element and one of living hinges on tube 224 as the second living hinge element (see Fig.7B), Riojas teaches that different plastic materials can be used to form tubes 222 and 224, and each tube 222/224 can have a different wall thickness ([0067]), both (type of material and thickness) of which will create different bending stiffnesses between living hinges).
As to claim 14, the part of the insertion section comprising the bendable member includes the steering section (defectable part 212 and transmission segment 300, Fig.7A).
As to claim 15, the part of the insertion section comprising the bendable member includes a part of the insertion section intermediate the proximal end of the insertion section and the steering section (transmission segment 300 is between the deflectable part 212 and proximal end (hand controller)).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riojas et al. (US 2019/0133705, hereinafter “Riojas”) in view of Swaney et al. (US 2016/0346513, hereinafter “Swaney”).
As to claim 10, Riojas discloses the bendable member as set forth with respect to claim 1 above including a constructional elements (e.g. 256,276, Fig.2A,Fig.7A) comprising a body having at least a radially outer surface (e.g. RS in annotated figures 1 and 2 with respect to claim 9 above), and first and second opposing sidewall surfaces (e.g. SW1,SW2,SW3 in annotated figures 1 and 2 with respect to claim 9 above), but fails to disclose a chamfered wall portion formed between the radially outer surface and at least one of the first and second sidewall surfaces. However, Swaney teaches, in the art of bendable members (e.g. Figs.2A-2D), that inclusion of chamfered/tapered edges of the cutouts (e.g. tapering of wall portion formed between the radially outer surface and the side wall) affects the range of motion permitted between the adjacent bend sections (Swaney: [0051], Figs.3A,3B). One of ordinary skill in the art would also recognize that chamfering/tapering the edges of the cutouts will also provide for less destructive contact between adjacent bend sections by providing mating relatively flat surfaces during contact instead of contact between sharp edges (as exemplified by Fig.2D of Swaney). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided chamfered surfaces on the side walls of Riojas in order to improve bending range (e.g. increased bending range) and decrease the chance of damage when bending the constructional elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references on PTO-892. Of particular relevance are US 2009/0160112 to Ostrovsky which teaches varying length and width of cuts in a bending member (as thus varying the length and width of the uncut (hinge) portions, and thus the bending stiffness of such hinge portions) at different portion of the tube ([0028]) and US 2012/0123395 to Stoy et al. which teaches the same thing as Ostrovsky (see [0055]-[0056], Figs.5A-5F).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P LEUBECKER whose telephone number is (571)272-4769. The examiner can normally be reached Generally, M-F, 5:30-2:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T 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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/JOHN P LEUBECKER/Primary Examiner, Art Unit 3795