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 18-28 are pending, claims 2-4 and 15-17 have been cancelled, claims 27-28 have been added, and claims 1, 5-14, and 18-28 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objection has been withdrawn in light of Applicant’s amendments.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/28/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 5-14, and 18-26 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 27-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 27-28, the limitation “bridges offset from each other and bridges not offset from each other” is unclear with respect to the limitation “all said uncut bridges are offset from each other in the longitudinal direction” in claims 1 and 14. It is unclear how the bridges can not be offset from each other if all of the said uncut bridges are offset from each other.
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 18-28 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 Seto (US 2014/0163321) 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), and in which all said uncut bridges are offset from each other in the longitudinal direction of the proximal passive flexible section (see 992, figure 24 | offset relative to…[0212]). Do is silent regarding adjacent cuts in the proximal passive flexible section are unequally spaced, 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.
Seto teaches an endoscope (1, figure 1) with an insertion portion (2, figure 1). The insertion portion has a distal end portion (11, figure 1), a bending portion (12, figure 1), and a flexible tube portion (13, figure 1). The bending portion (12, figure 1) includes a bending tube (20, figure 3) that is formed as a cylindrical member ([0051]). The outer circumference of the bending tube has a plurality of slits (30, figure 2) formed by laser processing, where the slits have a set interval therebetween in the insertion direction (S, figure 3; [0053]). The proximal end region (20c, figure 3) of the bending tube has a slit interval S3 (s3, figure 3) between the slits. The central region (20b, figure 3) has a slit interval S2 (s2, figure 3) between slits. The distal end region (20a, figure 3) has a slit interval S1 (s1, figure 3) between slits. The distal end region has the smallest slit interval and can bend with the smallest bending radius and most easily bends ([0058]). The proximal end region can bend with the second smallest bending radius and more easily bends ([0058]), where the slit interval S3 is shorter than the slit interval S2 but longer than the slit interval S1 (see figure 3; [0061]). The central region less easily bends ([0058]).
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 proximal passive flexible section to have the different slit intervals (s1-s3, figure 3) with the different regions (20a-c, figure 3) in the insertion direction (s, figure 3) as taught by Seto. Doing so would provide a distal end region and a proximal end region that more easily bends than a central region of the proximal passive flexible section ([0058]). It would have been obvious to modify the endoscope to have gradual slot transition zones between the sections as taught by Galperin ([0025]). Doing so would 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 (see s1-s3, figure 3; Seto), a first subzone (20c, figure 3; Seto) in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously increasing spacing (s2 vs. s3, figure 3; Seto | gradual…slot transition zones between sections [0025]; Galperin | interpreted gradual increasing of the slit interval from 20c to 20b, figure 3 of Seto), a second subzone (20a or 20b, figure 3; Seto) in which the main cuts are spaced from each other in the longitudinal direction of the proximal passive flexible section with continuously decreasing spacing (s1 vs. s2, figure 3; Seto | gradual…slot transition zones between sections [0025]; Galperin | interpreted gradual decreasing of the slit interval from 20b to 20a, figure 3 of Seto), and a third subzone (20a or 20b, figure 3; Seto) in which the main cuts are equally spaced from each other in the longitudinal direction of the proximal passive flexible section (see s1 or s2 in 20a or 20b, figure 3; Seto | interpreted there to be main cuts in 20a or 20b of figure 3 of Seto that are equally spaced).
Regarding claim 5, Seto further teaches the first subzone (20c, figure 3; Seto) and the second subzone (see 20b, figure 3) border on each other.
Regarding claim 6, Seto further teaches the third subzone (20b, figure 3; Seto) is arranged between the first subzone (20c, figure 3) and the second subzone (20a, figure 3).
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), and in which all said uncut bridges are offset from each other in the longitudinal direction of the proximal passive flexible section (see 992, figure 24 | offset relative to…[0212]). 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.
Seto teaches an endoscope (1, figure 1) with an insertion portion (2, figure 1). The insertion portion has a distal end portion (11, figure 1), a bending portion (12, figure 1), and a flexible tube portion (13, figure 1). The bending portion (12, figure 1) includes a bending tube (20, figure 3) that is formed as a cylindrical member ([0051]). The outer circumference of the bending tube has a plurality of slits (30, figure 2) formed by laser processing, where the slits have a set interval therebetween in the insertion direction (S, figure 3; [0053]). The proximal end region (20c, figure 3) of the bending tube has a slit interval S3 (s3, figure 3) between the slits. The central region (20b, figure 3) has a slit interval S2 (s2, figure 3) between slits. The distal end region (20a, figure 3) has a slit interval S1 (s1, figure 3) between slits. The distal end region has the smallest slit interval and can bend with the smallest bending radius and most easily bends ([0058]). The proximal end region can bend with the second smallest bending radius and more easily bends ([0058]), where the slit interval S3 is shorter than the slit interval S2 but longer than the slit interval S1 (see figure 3; [0061]). The central region less easily bends ([0058]).
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 use the proximal passive flexible section with different slit intervals (s1-s3, figure 3) with the different regions (20a-c, figure 3) in the insertion direction (s, figure 3) as taught by Seto. Doing so would provide a distal end region and a proximal end region that more easily bends than a central region of the proximal passive flexible section ([0058]). It would have been obvious to modify the method to provide an endoscope with gradual slot transition zones between the sections as taught by Galperin ([0025]). Doing so would prevent abrupt transitions between sections of different slot patterns ([0025]). The modified method would comprise providing a first subzone (20c, figure 3; Seto) 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 (s2 vs. s3, figure 3; Seto | gradual…slot transition zones between sections [0025]; Galperin | interpreted gradual increasing of the slit interval from 20c to 20b, figure 3 of Seto), providing a second subzone (20a or 20b, figure 3; Seto) 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 (s1 vs. s2, figure 3; Seto | gradual…slot transition zones between sections [0025]; Galperin | interpreted gradual decreasing of the slit interval from 20b to 20a, figure 3 of Seto), and providing a third subzone (20a or 20b, figure 3; Seto) 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 (see s1 or s2 in 20a or 20b, figure 3; Seto | interpreted there to be main cuts in 20a or 20b of figure 3 of Seto that are equally spaced).
Regarding claim 18, Seto further teaches the first subzone (20c, figure 3; Seto) and the second subzone (see 20b, figure 3) border on each other.
Regarding claim 19, Seto further teaches the third subzone (20b, figure 3; Seto) is arranged between the first subzone (20c, figure 3) and the second subzone (20a, figure 3).
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 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 (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]).
Regarding claim 27, Do further discloses the first and second subzones each include bridges offset (see 992, figure 24; Do) from each other and bridges not offset from each other in the longitudinal direction of the proximal passive flexible section (positioned to be offset by 45 degrees from sequence to sequence…[0212] | interpreted that there are bridges that are not offset from one another in other sequences in the longitudinal direction).
Regarding claim 28, Do further discloses the first and second subzones each include bridges offset (see 992, figure 24; Do) from each other and bridges not offset from each other in the longitudinal direction of the proximal passive flexible section (positioned to be offset by 45 degrees from sequence to sequence…[0212] | interpreted that there are bridges that are not offset from one another in other sequences in the longitudinal direction).
Conclusion
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
September 19, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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