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
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claims 1-11, drawn to a controllable bending medical instrument and details of wire and boss connections therein.
Group II, claims 1, 12-13, drawn to a controllable bending medical instrument having a pulley damper.
Group III, claims 1, 14-15, drawn to a controllable bending medical instrument and details of the rotating disc.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Group I-III lack unity of invention because even though the inventions of these group require the technical feature “a controllable bendable medical instrument, comprising a controllable bendable tube, a traction assembly, and a rotating disc, wherein one end of the traction assembly is fixedly connected to the rotating disc, and the other end of the traction assembly is connected to the controllable bendable tube; the traction assembly is pulled or loosened by rotating the rotating disc to drive the controllable bendable tube in the controllable bendable medical instrument to bend; wherein the rotating disc is provided with adjusting bosses, wherein during assembly of the traction assembly, the tightness of the traction assembly is adjusted by adjusting a winding path of the traction assembly around the adjusting bosses” (as recited in claim 1). This technical feature is not a special technical feature as it does not make a contribution over the prior art. For example, Leong et al. (US 20190350440) discloses a controllable bendable medical instrument, comprising:
a controllable bendable tube (124, Figs 2a,3, para.58), a traction assembly (208,210), and a rotating disc (204), wherein one end of the traction assembly is fixedly connected to the rotating disc (figs 2a-b,8a-b, para. 58,68), and the other end of the traction assembly is connected to the controllable bendable tube (para.0058);
the traction assembly is pulled or loosened by rotating the rotating disc to drive the controllable bendable tube in the controllable bendable medical instrument to bend (para.0058);
wherein the rotating disc is provided with adjusting bosses (800,804, Figs 2, 8, para.78),
wherein during assembly of the traction assembly, the tightness of the traction assembly is adjusted by adjusting a winding path of the traction assembly around the adjusting bosses (para.78).
During a telephone conversation with Applicant’s representative, Yan Zhuang, on 05/26/2026 a provisional election was made without traverse to prosecute the invention of group I, claims 1-11. Affirmation of this election must be made by applicant in replying to this Office action. Claims 12-15 have been withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Objections
Claims 1-11 are objected to because of the following informalities:
Independent claim 1 recites “a controllable bendable medical instrument, comprising a controllable bendable tube, a traction assembly, and a rotating disc, wherein one end of the traction assembly is fixed connected to the rotating disc, and the other end of the traction assembly is connected to the controllable bendable tube; a traction assembly is pulled or loosened by rotating the rotating disc to drive the controllable bendable medical instrument to bend…” is not clear. This limitation should be changed to, for example:
A controllable bendable medical instrument comprising:
a controllable bendable tube;
a traction assembly; and
a rotating disc;
wherein one end of the traction assembly is fixed connected to the rotating disc, and the other end of the traction assembly is connected to the controllable bendable tube; and
a traction assembly is pulled or loosened by rotating the rotating disc to drive the controllable bendable medical instrument to bend,
In addition, after “;” in each claim (for example, claim 2, lines 3,5, claim 3, line 3, and similar issue in other dependent claims) a new paragraph should be used.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-5 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leong et al. (US 20190350440).
Regarding claim 1, Leong discloses a controllable bendable medical instrument (endoscope 102 – figures 1-2b, 8a-8b, paragraph 0029), comprising
a controllable bendable tube (distal end includes a flexible tip 124 – see figure 1, paragraph 0058),
a traction assembly (wires 208, 210 – figures 2B, 8A-8B, paragraph 0058), and
a rotating disc (wheel assembly 204 – see figures 2b, 8a-8b, paragraphs 0063- 0064), wherein one end of the traction assembly is fixedly connected to the rotating disc (one end of wire 208 is fixedly connected to the wheel assembly with wire termination element 209 is seated within wire fixing aperture 818 – paragraph 0069, figures 2b, 8A), and the other end of the traction assembly is connected to the controllable bendable tube (the other end of wire 208 is connected to the distal end with flexible tip 124 – see figures 2A-2B, paragraphs 0066, 0072);
the traction assembly is pulled or loosened by rotating the rotating disc to drive the controllable bendable tube in the controllable bendable medical instrument to bend (wires 208, 210 is pulled/tensioned or loosened by rotating the wheel assembly 204 to drive the distal end with flexible tip to bend – see figures 2A-2B, paragraph 0058) ; wherein the rotating disc is provided with adjusting bosses (control assembly wheel 204 is provided with adjusting parts on control wheel 800 and control wheel 804 – see figures 2A-2B, 8A-8B, paragraph 0078),
wherein during assembly of the traction assembly, the tightness of the traction assembly is adjusted by adjusting a winding path of the traction assembly around the adjusting bosses (see paragraphs 0069, 0078, figures 2B, 8A-8B).
Regarding claim 2, Leong discloses the controllable bendable medical instrument according to claim 1, wherein the rotating disc is provided with a first fixing boss (control assembly wheel is provided with a pull wire termination 209 is seated within the wire fixing aperture 818 – see paragraph 0069), and at least a part of the traction assembly is fixedly mounted to the first fixing boss (at least a part of the wire 208, 210 is fixedly mounted to the pull wire termination 209 – see figures 2A, 8A-8B, paragraphs 0058, 0068-0069).
Regarding claim 3, Leong discloses the controllable bendable medical instrument according to claim 2, wherein the traction assembly comprises a first pull wire (pull wire 208 – paragraph 0069, figure 2A), and the adjusting bosses comprise a first adjusting boss (800 – figure 8A-8B, para. 0068-0069); one end of the first pull wire is fixedly connected to the first fixing boss (one end of pull wire 208 is fixedly connected to the termination element 209 – see paragraphs 0058, 0068-0069), and the other end of the first pull wire is connected to the controllable bendable tube (see figures 2A, 2B, paragraphs 0058,0060, 0072) ; the tightness of the first pull wire is adjusted by adjusting a winding path of the first pull wire around the first adjusting boss (tension of the first wire 208 is adjusted by adjusting a winding path of the pull wire 208 around the adjusting part of wheel 800- figures 8A-8B, paragraphs 0069, 0072).
Regarding claim 4, Leong discloses the controllable bendable medical instrument according to claim 3, wherein the traction assembly further comprises a second pull wire (pull wire 210 – see figures 2A-2B, paragraph 0078); one end of the second pull wire is fixedly connected to the rotating disc, and the other end of the second pull wire is connected to the controllable bendable tube (one of the pull wire 210 is fixedly connected to the control assembly wheel 204 by termination element 211 inserted into wire fixing aperture 856 and the other end of the pull wire 210 is connected to the distal end with flexile tip 214 – see figures 2A-2B, 8A-8B, paragraphs 0058, 0078).
Regarding claim 5, Leong discloses the controllable bendable medical instrument according to claim 4, wherein the rotating disc is provided with a second fixing boss (termination element 211 seated within wire fixing aperture 856 – figures 8A-8B, paragraph 0078), and the adjusting bosses comprise a second adjusting boss (control wheel 804 – figures 8A-8B, paragraphs 0058, 0078); one end of the second pull wire is fixedly connected to the second fixing boss (one of the pull wire 210 is fixedly connected to termination element 211 – figures 8A-8B, paragraphs 0058, 0078); the tightness of the second pull wire is adjusted by adjusting a winding path of the second pull wire around the second adjusting boss (the tightness/tension of pull wire 210 is adjusted by adjusting a winding path of the pull wire 210 around the wheel 804 – see figures 8A-8B, paragraph 0078, 0082).
Regarding claim 9, Leong discloses the controllable bendable medical instrument according to claim 4, wherein the rotating disc further comprises a first steering boss and/or a second steering boss (part of the control wheel 800 or part of control wheel 804 – figures 8A-8B); the first steering boss is configured to change a winding direction of the first pull wire, and the second steering boss is configured to change a winding direction of the second pull wire (part of control wheel 800 is configured to change the winding direction of the first pull wire 208, and the part of control wheel 804 is configured to change a winding direction of the pull wire 210 – see figures 2A-2B, 8A-8B, paragraphs 0069, 0078).
Regarding claim 10, Leong discloses the controllable bendable medical instrument according to claim 9, wherein the rotating disc is formed with a first through hole and a second through hole; the first pull wire passes through the first through hole, and the second pull wire passes through the second through hole (see include, but are not limited to, figures 2a-2b, 8a, 8b, paragraphs 0073, 0069, 0078, wherein the “first through hole and second through hole are read on opening space/gap (near face 828 – see figure 8A) on the control assembly wheel 204 for the pull wires 208/210 to exit/go through to the distal end) .
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Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over
Leong et al. (US 20190350440) as applied to claim 5 and in view of Suh et al. (US 20200000318).
Regarding claim 6, Leong discloses the controllable bendable medical instrument according to claim 5, wherein, wherein the rotating disc further comprises a plurality adjusting bosses (e.g., wheels 800, 804 – see figures 2A-2B, 8A-8B). Leong also discloses wheel boss 226, tensioning pin boss 228, routing posts 230 (figure 2a, paragraphs 0064-0066). However, Leong does not explicitly disclose rotating disc comprises a plurality of the first adjusting bosses and a plurality of the second adjusting bosses.
Suh discloses a driving part comprises a plurality of first adjusting bosses and the second adjusting bosses (driving part 130 comprises a plurality of first idlers and second idlers 140,142,143 on each side of the driving part – see for example, figure 6, paragraphs 0063-0067 . It is noted that Suh discloses a driving spool having a circular shape may be used in a driving part (para. 0006).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leong with the teaching of plurality of first adjusting bosses and a plurality of second adjusting bosses as taught by Suh in order to yield predictable result of preventing cable scratch or to stably actuate a target such as a working tool located at an end of an endoscope – see paragraphs 0062, 0002).
Regarding claim 7, Leong in view of Suh discloses the controllable bendable medical instrument according to claim 6, wherein the first pull wire is wound around one or more of the first adjusting bosses, or the first pull wire is not wound around one or more of the first adjusting bosses (first pull wire 210 is wound around the control wheel 800 – see for example, Leong: figures 2a-2b, 8a, paragraph 0069; or see Suh: figure 6); and the second pull wire is wound around one or more of the second adjusting bosses, or the second pull wire is not wound around one or more of the second adjusting bosses (pull wire 210 is wound around the wheel 804 – see for example, Leong: figures 8b, paragraph 0078, or see Suh: figure 6).
Regarding claim 8, Leong discloses the controllable bendable medical instrument according to claim 5, wherein the first fixing boss, the first adjusting boss, the second fixing boss, and the second adjusting boss are of cylindrical boss structures formed on surfaces of the rotating disc (termination elements 209, 211, and the control wheels 800, 804 are cylindrical structures formed on surfaces of the control assembly 204 – see figures 2a-2b, 8a-8b, paragraphs 0058,0068, 0076). However, Leong does not explicitly disclose the first fixing boss, second fixing boss, first adjusting boss, second adjusting boss are formed on a surface.
Suh discloses first fixing boss, second fixing boss, first adjusting boss, second adjusting boss are formed on a surface (idlers 142, 143, 136, are formed on a surface of the driving part (see for example, figure 6, paragraphs 0063-0067).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Leong with the teachings of bosses are on a surface as further taught by Suh in order to yield predictable result such as to easily see all the bosses or reducing scratch (paragraph 0062).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over
Leong et al. (US 20190350440) in view of Heimberger (US 5888192).
Regarding claim 11, Leong discloses the controllable bendable medical instrument according to claim 10, wherein one end of the first pull wire is first secured to the first fixing boss and then wound around the first adjusting boss and the first steering boss, and finally, the other end of the first pull wire passes through the first through hole and is connected to the controllable bendable tube (pull wire 208 is secured to the first termination element 209 and then wound around different parts of wheel 800 and finally, the other end of pull wire 208 passes through the first open spacing and is connected to the distal end with flexible tip – see figures 2A-2B, 8A-8B, paragraphs 0058, 0069, 0072, 0078). Leong also discloses termination elements 209 and 211 may be secured to pull wires 208 and 210 in any suitable manner (paragraph 0058). However, Leong does not explicitly disclose securing comprises wound around fixing boss.
Heimberger discloses one end of first pull wire is first wound around fixing boss (end of control cable 14 is first wound around and fastened to fastening roller 11 on the disk – see figure 1, col. 2, lines 58-61) and then wound around first adjusting boss and first steering boss (roller 10 – see figure 1, col. 2, lines 58-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leong with the teaching of end of first full wire is wound around first fixing boss as taught by Heimberger in order to yield predictable result of adjusting such as lengthening or shortening of control cable easily (col. 3, lines 10-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hatase et al. (US 20150359420) discloses endoscope with handle part comprises plurality of elements for connecting and adjusting wires to control bendable tube (figures 3-5).
Yu et al. (US 20160270866) discloses articulating flexible endoscopic tool with roll capabilities.
Hillukka et al. (US 20170291008) discloses mapping variable loop catheter handle (see also figure 3).
Wang et al. (US 20210059506) discloses wire fixing structure and endoscope comprising end of cable is wound around fixing boss (figures 4-6).
Yoshinaga et al. (US 20210113064) discloses bending operation mechanism of endoscope (see also figure 3).
Mitsuhashi et al. (US 20230019357) discloses wire is wound around fixing boss (50) – see figure 10.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON PHI HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANH TUAN 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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/AN SON P HUYNH/Primary Examiner, Art Unit 2426
May 27, 2026
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