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 .
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gunther et al. (EP0626604-Cited by the applicant).
Regarding claims 1, 12, 18, Gunther et al. discloses Endoscope (column 1, line 1-2), with: a base body (Ref. 10, column 3, line 39 and Fig. 1) which has an axial through-opening ("interior of the tube", column 2, lines 35-36 and Fig. 1) along a longitudinal axis, so that a partial section of a working channel of the surgical instrument can be formed with the through-opening or can be passed through the through-opening; and a connecting section (Ref. 14, column 3, line 42 and Fig. 1), which is connected to at least one axial end section (Ref. 12, column 3, line 41 and Fig. 1) of the base body, wherein the connecting section is designed for radial engagement with a connecting section of a further articulation member, so that a positive and articulated connection is formed between the articulation member and the base body can be formed between two articulation elements (column 3, lines 43-46 and Fig. 1).
Regarding claim 2, Gunther et al. discloses the connecting portion is designed to be resilient, wherein the positive connection can be established by a resilient deflection in the radial direction. Col.4 lines 9-17, figures 1-4.
Regarding claim 3, Gunther et al. discloses the connecting portion has at least one tab. Col.4 lines 9-17, figures 1-4.
Regarding claim 4, Gunther et al. discloses the at least one-tab projects beyond the base body in a longitudinal direction of the articulating member and is resiliently deflectable in a radial direction. Col.4 lines 9-17, figures 1-4.
Regarding claim 5, Gunther et al. discloses the at least one tab is dome-shaped, where- in the positive and articulated connection can be formed by the tab contacting a tab of a further articulating member, which tab is complementary to the dome-shaped tab. Col.4 lines 9-17, figures 1-4.
Regarding claim 6, Gunther et al. discloses the at least one tab is dome-shaped, wherein the positive and articulated connection can be formed by the tab contacting a tab of a further articulating member, which tab is complementary to the dome-shaped tab. Col.4 lines 3-7, figures 2-3.
Regarding claim 7, Gunther et al. discloses the dome-shaped tab has a convex or concave dome in a radial direction of the base body (Col. 3 lines 52-56, figure 1).
Regarding claim 8, Gunther et al. discloses two tabs are provided on at least one end portion, which are formed opposite one another on a cross section of the end portion and/or mirrored to one another (Col. 3 lines 52-56, figure 1).
Regarding claim 9, Gunther et al. discloses a connecting portion is arranged at each of two end portions which are arranged opposite one another on the base body, so that the articulating member can be connected to a further articulating member at each end portion (Col. 3 lines 52-56, figure 1).
Regarding claim 10, Gunther et al. discloses the tab is designed for articulated engagement with a connecting portion of the further articulating member on a predetermined articulation axis (Col.4 line 41, figure 1).
Regarding claim 11, Gunther et al. discloses the through-opening is designed for the passage and defined accommodation of steering means, in particular, steering cables or steering wires (Col. 4, lines 9-17, figures 1-4).
Regarding claim 13, Gunther et al. discloses connecting portions of adjacent articulating members are arranged offset from one another in a plane, wherein, in a connected state, they are arranged one above the other and engage radially with one another (Col. 4, lines 9-17, figures 1-4).
Regarding claim 14, Gunther et al. discloses the connecting portions each have at least one tab, wherein at least one of the tabs is resiliently deflectable in a radial direction of the base body and in a connected state the tabs are locked together (Col. 4, lines 9-17, figures 1-4).
Regarding claim 15, Gunther et al. discloses the tabs of adjacent articulating members have a complementary shape (Col. 4, lines 9-17, figures 1-4).
Regarding claim 16, Gunther et al. discloses the complimentary shape is a complementary dome shape (Col. 4, lines 9-17, figures 1-4).
Regarding claim 17, Gunther et al. discloses the deflection mechanism is configured for single use (Col. 4, lines 9-17, figures 1-4).
Regarding claim 19, Gunther et al. discloses a connection of two adjacent articulating members is formed by a deformation step following the pushing into one another, wherein contacting connecting regions pushed parallel over one another are deformed complementarily (Col. 4, lines 9-17, figures 1-4).
Regarding claim 20, Gunther et al. discloses at least one connecting portion of each articulating member is designed to be resilient, wherein the connecting portions lock together by a resilient deflection when pushed into one another (Col. 4, lines 9-17, figures 1-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cottone (USPN 2018/0093070-Cited by the applicant), Cottone discloses an articulating member for or in a deflection mechanism at a distal end of a surgical instrument, comprising: a base body having an axial through-opening along a longitudinal axis, so that a sub-portion of a working channel of the surgical instrument can be formed with the through-opening or can be passed through the through opening; and a connecting portion arranged on at least one axial end portion of the base body, wherein the connecting portion is designed for radial engagement with a connecting portion of a further articulating member, so that a positive and articulated connection can be formed between two articulating members. See [0166]-[0179], figure 6.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791
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