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 .
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.
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 10 and 11 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.
As to claim 10, recitation of “the linkage arm is coupled to the rotatable member at a second connection, wherein the second connection is at a different location than the first connection” conflicts with the recitation of claim 9 which recites “the linkage arm is coupled to the rotatable member at the [first] connection”.
Dependent claims inherit those defects.
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, 12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamazaki (US 2016/0353975).
As to claim 1, Hamazaki discloses an actuation mechanism for a medical device, the actuation mechanism comprising:
a rotatable member (63,33,34, Figs.2,3, [0042]) configured to rotate about a rotational axis (rotates around axis C, Figs.2,3); and
a spring (67, Fig.3, [0045]), coupled directly or indirectly to the rotatable member (Fig.3),
wherein the spring is configured to move from a first configuration (Fig.5) to a second configuration (Fig.4), wherein, in the first configuration, a longitudinal axis of the spring (X4, Fig.5) has a first angle with respect to a lever arm (X6, Fig.5) of the rotatable member (angle between X4 and X6), and wherein, in the second configuration, a longitudinal axis of the spring (X1, Fig.4) has a second angle with respect to the lever arm (X3, Fig.4) of the rotatable member (angle between X1 and X3).
As to claim 2, further comprising a plunger (66, Fig.3) coupled to the rotatable member at a connection (coupled at 66a, Fig.3, [0046]), wherein a portion of the plunger extends through a lumen of the spring (distal portion of plunger 66 extends within spring lumen, Fig.3).
As to claim 3, further comprising an anchor (65, Fig.3), wherein a distal end of the spring is coupled to the anchor (spring coupled at flange 65b, Fig.3), and wherein the plunger extends through and is movable relative to the anchor (distal end of plunger 66 extends through and is movable relative to the anchor 65, Figs.3,4, [0048]).
As to claim 4, wherein the plunger includes a protrusion (flange 66b, Fig.3), and wherein a proximal end of the spring engages with the protrusion (Fig.3).
As to claim 5, wherein the first angle is smaller than the second angle (as clearly shown by difference in angle from Figs.5 and 4), and wherein a first torque exerted by the spring on the rotatable member in the first configuration is smaller than a second torque exerted by the spring on the rotatable member in the second configuration ([0053]-[0054]).
As to claim 6, wherein, in a relaxed configuration of the actuation mechanism, a longitudinal axis of the spring is approximately coaxial with the lever arm of the rotatable member (Fig.3, spring longitudinal axis and lever arm axis, both J, are coaxaial).
As to claim 7, wherein the rotatable member includes a pulley (63,33,34 constitutes a pulley, Figs.2,3) and wherein the actuation mechanism further includes a wire, cable, chain, or belt coupled to the pulley (chain 34 and wire 35, Fig.2, constitute all of a wire, cable chain or belt).
As to claim 8, wherein the actuation mechanism further includes a linkage arm (cylinder 65, Fig.3) coupled to the rotatable member (coupled to 63 via shaft 66), wherein the linkage arm is coupled to a control wire (cylinder 65 is coupled to a control wire 35, Fig.1, via shaft 66, rotatably body 63,33,34, and chain 32, Fig.2,3).
As to claim 9, further comprising a plunger (shaft 66, Fig.3) coupled to the rotatable member at a connection (coupled at 66a, Fig.3, [0046]), wherein a portion of the plunger extends through a lumen of the spring (distal portion of pluger 66 extends through spring lumen, Fig.3), and wherein the linkage arm is coupled to the rotatable member at the connection (cylinder 65 is coupled to the rotatable member 63 at connection 66a via shaft 66).
As to claim 12, wherein the spring is a coil spring, a leaf spring, or a hinge spring (67 is a coil spring, Fig.3, [0048]).
As to claim 14, wherein the rotatable member is coupled to a lever or a knob (coupled to bending operation members 22 (knobs or levers), [0028], Fig.1).
As to claim 15, wherein a torque exerted by the spring on the rotatable member in the second configuration decreases an amount of force required for an operator to actuate the rotatable member ([0063]-[0066]).
As to claim 16, Hamazaki discloses an actuation mechanism for a medical device, the actuation mechanism comprising:
a rotatable member (63,33,34, Figs.2,3, [0042]) configured to rotate about a rotational axis (rotates around axis C, Figs.2,3); and
a spring (67, Fig.3, [0045]) configured to exert a force on the rotatable member (biasing force, [0041]);
wherein the spring is configured to move from a first configuration (Fig.5) to a second configuration (Fig.4); wherein, in the first configuration, the spring exerts a force along a first force vector, such that a first lever arm between the first force vector and the rotational axis has a first length (note length of force vector X5, indicated about of force of the lever arm in this configuration, Fig.5); wherein, in the second configuration, the spring exerts a force along a second force vector, such that a second lever arm between the second force vector and the rotational axis has a second length, and wherein the first length is smaller than the second length (in configuration of Fig.4, the force vector X2 is greater than, and thus longer than, force vector X5 in Fig.5).
As to claim 17, further comprising a plunger (66, Fig.3), wherein the plunger is coupled to the rotatable member (coupled at 66a, Fig.3, [0046]), and wherein the plunger extends through a lumen of the spring (distal portion of plunger 66 extends within spring lumen, Fig.3).
As to claim 18, wherein a distal end of the plunger extends through an anchor (distal end of plunger 66 extends through and is movable relative to the anchor 65, Figs.3,4, [0048]), and wherein a distal end of the spring is coupled to the anchor (distal end of spring 67 engages flange 66b of anchor 65, Fig.3).
As to claim 19, Hamazaki discloses an actuation mechanism for a medical device, the actuation mechanism comprising:
a rotatable member (63,33,34, Figs.2,3, [0042]) configured to rotate about a rotational axis (rotates around axis C, Figs.2,3);
a plunger (66, Fig.3) coupled to the rotatable member at a connection (coupled to rotatable member at 66a, Fig.3, [0046]);
a spring (67, Fig.3, [0045]), wherein a portion of the plunger extends through a lumen of the spring (distal portion of plunger 66 extends within spring lumen, Fig.3).; and
an anchor (65, Fig.3) coupled to a distal end of the spring (spring coupled at flange 65b, Fig.3);
wherein, as the rotatable member rotates about the rotational axis, the connection follows an arcuate or circular path around the rotational axis (as seen in Figs.4 and 5, connection 66a arcuately rotates with gear 63).
As to claim 20, wherein, as the rotatable member rotates about the rotational axis, a distance between a force vector of the spring and the rotational axis changes (note force vector of spring (vector along axis J) goes through rotational axis in Fig.3, force vector of spring X4 in Fig.5 is slightly removed from rotational axis, and force vector of spring X1 in Fig.4 is almost at a maximal distance from rotational axis).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamazaki (US 2016/0353975).
As to claim 13, Hamazaki discloses that, while only a first bending operation mechanism (30, Figs.2,3, e.g. left/right bending) is shown and described with respect to the biasing mechanism (68, Fig.3) ([0032]), a second bending operation mechanism for bending in the other direction (e.g. up/down) is disposed adjacent the first bending operation mechanism. This would provide for a second rotatable member (the first one being described with respect to claim 1 above). Although it would follow that the biasing mechanism (68) that is applied to the first bending operation mechanism as a bend assist device ([0040]) would implicitly duplicated for the second bending operation mechanism, Hamazaki fails to explicitly state this. However, given the beneficial results ([0063]-[0066]) obtained with use of the biasing mechanism on the first bending operation mechanism for one direction (e.g. left/right bending), 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 a second biasing mechanism (68) to the second bending operation mechanism to provide the predictable result of reducing the amount of force required to actuate the bending mechanism ([0054]-[0056]). In using a second biasing mechanism, the actuation mechanism would include a second spring that functions as set forth with respect to claim 1 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See reference cited on the PTO-892.
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