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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-10, in the reply filed on 27 April 2026 is acknowledged. Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/group, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daniels et al. (US 2013/0226184; hereinafter “Daniels”).
Regarding claim 1, Daniels discloses a flexible instrument comprising: a first end and second end portion opposite the first end portion (e.g. Fig. 1, first and second end being opposite ends of the device); and a shaft extending from the first end portion to the second portion along a central longitudinal axis (e.g. Fig. 1, #6), the shaft including: a first and second helical segment extending from the first end portion to the second end portion along a first and second helical path about the central longitudinal axis (e.g. 1, #10/12; Fig. 5, etc.), wherein the first helical segment includes a first plurality of contact surfaces and the second helical segment includes a second plurality of contact surfaces such that when a torque is applied to the shaft, the first plurality of contact surfaces or the second plurality of contact surfaces bears against the other of the first plurality of contact surfaces or the second plurality of contact surfaces (e.g. ¶¶ 94, 154-160, ).
Regarding claim 2, Daniels discloses the first helical segment includes a protrusion extending from the first helical segment (e.g. Fig. 4C, 56C).
Regarding claim 3, Daniels discloses the second helical segment defines a recess on a face of the second helical segment configured to receive the protrusion of the first helical segment (e.g. Fig. 4C, 46E).
Regarding claim 4, Daniels discloses the first plurality of contact surfaces further comprises a plurality of protrusions extending from the first helical segment, wherein the plurality of protrusions is spaced apart from each other along a length of the first helical segment (e.g. Fig. 4C – where the protrusions are spaced apart as shown, extending through the length).
Regarding claim 5, Daniels discloses the plurality of protrusions extends from the first helical segment in parallel directions (e.g. Fig. 4G; 5).
Regarding claim 6, Daniels discloses the second plurality of contact surfaces further comprise a plurality of recesses on a face of the second helical segment, the plurality of recesses spaced apart from each other along a length of the second helical segment (e.g. ¶¶ 126-128).
Regarding claim 8, Daniels discloses the shaft is perforated defining gaps between the first helical segment and the second helical segment (e.g. Fig. 5 & 5C; #86/70).
Regarding claim 9, Daniels discloses the first end portion, the shaft, and the second end portion are monolithic (e.g. ¶¶ 13, 1647, etc.).
Allowable Subject Matter
Claims 7 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
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