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 .
Status of Claims
Claims 1, 5-14, and 18-26 are pending, claims 2-4 and 15-17 have been cancelled, and claims 1, 5-14, and 18-26 are currently under consideration for patentability under 37 CFR 1.104.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-26 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.
Although amendments have been made that change the scope of the claims, the Examiner is providing a response to the Applicant's arguments filed 03/06/2026. The arguments have been fully considered but they are not persuasive.
Regarding Applicant’s argument that “this disclosure means that the slot cut pattern…vary from embodiment to embodiment and not that the slot cut pattern…can vary within a single embodiment…Applicant asserts that Yan is not clear and explicit as to the teaching of the slot cut pattern, slot size, slot pitch, etc. varying within a single embodiment” (p. 3-4 of Remarks), the Examiner respectfully disagrees. Yan teaches different levels of flexibility in a first flexible section (114, figure 1) and a second flexible section (132, figure 1) of a tubular drive shaft (100, figure 1), where the different levels of flexibility can be provided by varying the slot cut pattern, slot size, slot pitch, etc. ([0043]). Further, Yan specifically states having different flexibilities within the same tube (distal portion of the tubular shaft is more flexible than the proximal portion [0043]). Throughout the specification, Yan states a flexible shaft can have different degrees of flexibility along the length ([0005]; [0052]).
Regarding Applicant’s argument “Galperin’s disclose….fails to disclose the three subzones with respective three different spacings” (p. 4 of Remarks), the Examiner respectfully disagrees. Galperin teaches three sections (46-47, figure 3) in a frame member ([0025]). Galperin further teaches that there can be more or less than three sections of different slot patterns ([0025]). Further, there can be gradual or intermixed slot transition zones between these sections ([0025]).
Regarding Applicant’s argument “Galperin’s variable spacings are not located…of the shaft” (p. 4 of Remarks), the Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Claim Objections
Claim 1 is objected to because of the following informalities: on line 14, change “and and a first subzone” to “and a first subzone”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-14, and 18-26 are rejected under 35 U.S.C. 103 as being unpatentable over Do (DE 102018127227 A1 using US 2021/0393111 as an English Translation), in view of Yan (US 2022/0339403) and Galperin (US 2010/0331618).
Regarding claim 1, Do discloses an endoscope (1, figure 1) with an insertion tube (2, figure 1) comprising: a distal bending section (A, figure 1); and a proximal passive flexible section (C, figures 1-2) comprising: cuts (98-99, figure 3 | 990-991, figure 24) to allow for bending the proximal passive flexible section, the cuts comprising: main cuts (see 98, figure 3 | 990, figure 24) extending along the circumference of the proximal passive flexible section in an interrupted manner such that uncut bridges (97, figure 5 | 992, figure 24) remain between main cut portions lying on a circumferential line (see figures 3, 5, and 24), and secondary cuts (99, figure 3 | 991, figure 24) adjacent to the main cuts (see figures 3 and 24), wherein the secondary cuts are arranged closer in a longitudinal direction of the proximal passive flexible section to the adjacent main cuts on one side of the secondary cuts than to the adjacent main cuts on the other side of the secondary cuts (98-99, figure 3 | 990-991, figure 24). Do is silent regarding adjacent cuts in the proximal passive flexible section are unequally spaced, and and a first subzone in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously increasing spacing, a second subzone in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously decreasing spacing, and a third subzone in which the main cuts are equally spaced from each other in the longitudinal direction of the proximal passive flexible section.
Yan teaches a flexible tubular drive shaft (100, figure 1) with distal and proximal ends (see figure 1). The proximal portion (110, figure 1) has a first flexible section (114, figure 1) with slot cuts to provide flexible coupling between two sections (110 and 112, figure 1 | [0034]-[0035]). Different levels of flexibility may be provided in the first flexible portion, and the tubular shaft, by varying the slot pitch ([0043] | [0055]).
Galperin teaches an endoscope (10, figure 1) with a shaft (14, figure 1). The shaft comprises a frame member (40, figure 3). The frame member has a general coil shape with different pitches at different sections (see 46-48, figure 3). There can be more or less sections provided and more than one slot can be provided ([0025]). There can be gradual or intermixed slot transition zones between sections ([0025]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the adjacent cuts (and main cuts) to have varying slot/cut pitch ([0043]) as taught by Yan. Doing so would provide different levels of flexibility along the proximal passive flexible section ([0043]). It would have been obvious to modify the endoscope to have different sections (see 46-48, figure 3) and gradual/intermixed slot transition zones between the sections as taught by Galperin ([0025]). Doing so would provide different section with different pitches and prevent abrupt transitions between sections of different slot patterns ([0025]). The modified endoscope would have adjacent cuts in the proximal passive flexible section are unequally spaced (varying…slot pitch [0043]; Yan), and and a first subzone (sections [0025]; Galperin) in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously increasing spacing (different levels of flexibility…slot pitch [0043]; Yan), a second subzone (sections [0025]; Galperin) in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously decreasing spacing (different levels of flexibility…slot pitch [0043]; Yan), and a third subzone (sections [0025]; Galperin) in which the main cuts are equally spaced from each other in the longitudinal direction of the proximal passive flexible section (each section can have equally spaced main cuts, 46-48, figure 3 or transition zones [0025]; Glaperin | different levels of flexibility…slot pitch [0043]; Yan | the main cuts may be equally spaced from each other to create a gradual transition zone).
Regarding claim 5, Galperin further teaches the first subzone and the second subzone border on each other (sections…different slot patterns [0025]; Galperin).
Regarding claim 6, Galperin further teaches the third subzone is arranged between the first subzone and the second subzone (sections…gradual or intermixed slot transition zones between sections [0025]; Galperin).
Regarding claim 7, Do further discloses the main cuts are parallel to each other (see figures 3, 5, and 24; Do).
Regarding claim 8, Do further discloses the secondary cuts are each arranged adjacent to a bridge of the uncut bridges (97, figure 5 | 992, figure 24) between main cut portions lying on the circumferential line (see 99, figure 5 | 991, figure 24).
Regarding claim 9, Do further discloses one secondary cut (see 99, figure 5) is arranged adjacent to each bridge (97, figure 5) in the longitudinal direction of the proximal passive flexible section on one side of the bridge (see figure 5).
Regarding claim 10, Do further discloses two secondary cuts (see 991a-b, figure 24) are arranged adjacent to each bridge (992, figure 24) in the longitudinal direction of the proximal passive flexible section on both sides of the bridge (see figure 24).
Regarding claim 11, Do further discloses the main cuts are wider than the secondary cuts (see figures 5 and 24).
Regarding claim 12, Do further discloses the entire insertion tube including a connecting portion ([0045], see figure 1) of the proximal passive flexible section to a controller (see 3, figure 1), the proximal passive flexible section (C, figure 1), a transition portion (B, figure 1) between the proximal passive flexible section and the bending section (see figure 1), and the bending section is made of a single pipe element (single tubular element [0045]).
Regarding claim 13, Do further discloses the entire insertion tube is cut by laser (laser [0046]).
Regarding claim 14, Do discloses a method of manufacturing an insertion tube (2, figure 1) of an endoscope from a pipe element (single tubular element [0045]), wherein the insertion tube comprises a proximal passive flexible section (C, figures 1-2) and a distal bending section (A, figure 1), the method comprising: providing main cuts (98, figure 3 | 990, figure 24) extending along the circumference of the proximal passive flexible section in an interrupted manner such that uncut bridges (97, figure 5 | 992, figure 24) remain between main cut portions lying on a circumferential line (figures 3, 5, and 24); providing secondary cuts (99, figure 3 | 991, figure 24) in the proximal passive flexible section adjacent to the main cuts (see 98-99, figure 3 | 990-991, figure 24), wherein the secondary cuts are arranged closer in a longitudinal direction of the proximal passive flexible section to the adjacent main cuts on one side of the secondary cuts than to the adjacent main cuts on the other side of the secondary cuts (see 98-99, figure 3 | 990-991, figure 24). Do is silent regarding providing a first subzone in the proximal passive flexible section in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously increasing spacing, providing a second subzone in the proximal passive flexible section in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously decreasing spacing, and providing a third subzone in the proximal passive flexible section in which the main cuts are equally spaced from each other in the longitudinal direction of the proximal passive flexible section.
Yan teaches a flexible tubular drive shaft (100, figure 1) with distal and proximal ends (see figure 1). The proximal portion (110, figure 1) has a first flexible section (114, figure 1) with slot cuts to provide flexible coupling between two sections (110 and 112, figure 1 | [0034]-[0035]). Different levels of flexibility may be provided in the first flexible portion, and the tubular shaft, by varying the slot pitch ([0043] | [0055]).
Galperin teaches an endoscope (10, figure 1) with a shaft (14, figure 1). The shaft comprises a frame member (40, figure 3). The frame member has a general coil shape with different pitches at different sections (see 46-48, figure 3). There can be more or less sections provided and more than one slot can be provided ([0025]). There can be gradual or intermixed slot transition zones between sections ([0025]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method to provide adjacent cuts to have varying slot/cut pitch ([0043]) as taught by Yan. Doing so would provide different levels of flexibility along the proximal passive flexible section ([0043]). It would have been obvious to modify the method to provide an endoscope with different sections (see 46-48, figure 3) and gradual/intermixed slot transition zones between the sections as taught by Galperin ([0025]). Doing so would provide different section with different pitches and prevent abrupt transitions between sections of different slot patterns ([0025]). The modified method would comprise providing a first subzone (sections [0025]; Galperin) in the proximal passive flexible section in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously increasing spacing (different levels of flexibility…slot pitch [0043]; Yan), providing a second subzone (sections [0025]; Galperin) in the proximal passive flexible section in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously decreasing spacing (different levels of flexibility…slot pitch [0043]; Yan), and providing a third subzone (sections [0025]; Galperin) in the proximal passive flexible section in which the main cuts are equally spaced from each other in the longitudinal direction of the proximal passive flexible section (each section can have equally spaced main cuts, 46-48, figure 3 or transition zones [0025]; Glaperin | different levels of flexibility…slot pitch [0043]; Yan | the main cuts may be equally spaced from each other to create a gradual transition zone).
Regarding claim 18, Galperin further teaches the first subzone and the second subzone border on each other (sections…different slot patterns [0025]; Galperin).
Regarding claim 19, Galperin further teaches the third subzone is arranged between the first subzone and the second subzone (sections…gradual or intermixed slot transition zones between sections [0025]; Galperin).
Regarding claim 20, Do further discloses the main cuts are cut parallel to each other (see figures 3, 5, and 24; Do).
Regarding claim 21, Do further discloses the secondary cuts are each cut adjacent to a bridge of the uncut bridges (97, figure 5 | 992, figure 24) between main cut portions lying on the circumferential line (see 99, figure 5 | 991, figure 24).
Regarding claim 22, Do further discloses one secondary cut (see 99, figure 5) is cut adjacent to each bridge (97, figure 5) in the longitudinal direction of the proximal passive flexible section on one side of the bridge (see figure 5).
Regarding claim 23, Do further discloses two secondary cuts (see 991a-b, figure 24) are cut adjacent to each bridge (992, figure 24) in the longitudinal direction of the proximal passive flexible section on both sides of the bridge (see figure 24).
Regarding claim 24, Do further discloses the main cuts are cut wider than the secondary cuts (see figures 5 and 24).
Regarding claim 25, Do further discloses he entire insertion tube including a connecting portion ([0045], see figure 1) of the proximal passive flexible section to a controller (see 3, figure 1), the proximal passive flexible section (C, figure 1), a transition portion (B, figure 1) between the proximal passive flexible section and the bending section (see figure 1), and the bending section (see figure 1) is made of a single said pipe element (single tubular element [0045]).
Regarding claim 26, Do further discloses the entire insertion tube is cut by laser (laser [0046]).
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 PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
April 3, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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