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 1-20 are pending and are currently under consideration for patentability under 37 CFR 1.104.
Claim Objections
Claims 11-12 and 19 are objected to because of the following informalities:
In claim 11, on lines 2-3, change “a second leg” to “the second leg” (i.e., previously recited).
In claim 12, on line 3, change “a second leg” to “the second leg”.
In claim 19, on line 3, change “a second leg” to “the second leg”.
Appropriate correction is required.
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 8 and 10-17 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 claim 8, the limitation “an extension portion” is unclear. It is unclear what feature this is referring to (i.e., from what feature is the extension portion from).
Regarding claim 10, on line 11, the limitation “a first leg of each of the first spring clutch and the second spring clutch” is unclear. A first leg for the first and second spring clutches have previously been recited. It is unclear if another (first) leg for each clutch is being recited. Claims 11-17 are rejected due to their dependency on claim 10.
Regarding claim 10, on lines 12-13, the limitation “a second leg of each of the first spring clutch and the second spring clutch” is unclear. A second leg for the first and second spring clutches have previously been recited. It is unclear if another (second) leg for each clutch is being recited.
Regarding claim 10, on lines 15-16, the limitation “a first leg” is unclear. For similar reasons stated above, it is unclear if another (first) leg is being recited for the first and second spring clutches.
Regarding claim 17, the limitation “the spool is a first knob” is unclear. It is unclear how a spool is a first knob, especially when the first knob has already been previously recited in the claim.
Regarding claim 17, on lines 7 and 11, the limitation “at least one second spring clutch” is unclear. The second spring clutch was previously recited in claim 10. It is unclear if another second spring clutch is being recited.
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) 1-3, 5-8, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maruyama (US 2007/0255102).
Regarding claim 1, Maruyama discloses a medical device (figure 3), comprising: a handle (4, figure 1); and a control device (figure 4), wherein the control device is coupled to the handle (figures 3-4) and includes: a knob (5UD and 5RL, figure 3), wherein the knob is rotatable relative to the handle (freely rotated…[0035]); a control shaft (11 or 12, figure 4; [0041]) extending from the knob; at least one spring clutch (spring engaging arm 18 and 18’, figure 7) including two legs (see 22, figure 7); a spool (17, figure 7 | 17 is integral with the UD tubular drive shaft 12…[0045]; see figure 3); and one or more wires (6U and 6D, figure 4) coupled to the spool, wherein rotation of the knob in a first direction (manually rotated [0048]) causes a first leg (22, figure 7) of the at least one spring clutch to contact a stop surface of the spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the at least one spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the spool to rotate in the first direction (cause 17 to rotate [0048]).
Regarding claim 2, Maruyama further discloses the stop surface is a first stop surface (see surface of 21, figure 7), and wherein rotation of the knob in a second direction (counterclockwise direction of rotation in figure 7) causes a second leg (see second 22, figure 7) of the at least one spring clutch to contact a second stop surface of the spool (see surface of 21, figure 7), causing the at least one spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the spool to rotate in the second direction (cause 17 to rotate [0048]).
Regarding claim 3, Maruyama further discloses the at least one spring clutch includes three legs (see 22, figure 8), and wherein the first leg (see the three lugs 22, figure 8) is disposed between a second leg and a third leg (see the lugs 22, figure 8 | the lug 22 is between two other lugs 22, figure 8).
Regarding claim 5, Maruyama further discloses the at least one spring clutch includes an open portion (see open portion between 22, figure 7) defined between the two legs.
Regarding claim 6, Maruyama further discloses the knob is a first knob (5UD, figure 4), wherein the spool is a first spool (17, figure 7), wherein the control device is a first control device (figure 4), wherein the medical device further comprises a second control device (applied to the other bendable portion control device…5RL [0059] | see figures 3-4) that is coaxial with the first control device (see figures 3-4), and wherein the second control device includes: a second knob (5RL, figure 3 | applied to the other bendable portion control device…5RL [0059]), wherein the second knob is rotatable relative to the handle and the first knob (5RL can be freely rotated [0035]); at least one second spring clutch (spring engaging arm 18 and 18’, figure 7 | [0059]) including two legs (see 22, figure 7); a second spool (17, figure 7 | [0059] | connect to 11, figure 4); and one or more second wires (6R and 6L, figure 4) coupled to the second spool, wherein rotation of the second knob in a second direction (manually rotated [0048] | can be counterclockwise direction) causes a first leg (22, figure 7) of the at least one second spring clutch to contact a second stop surface of the second spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the at least one second spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the second spool to rotate in the second direction (cause 17 to rotate [0048]).
Regarding claim 7, Maruyama further discloses a portion of the first control device is nested within the second control device (first and second control devices are the same [0059]; the first control device may be for R/L bending control and the second control device may be for U/D bending control | see how tubular drive shaft 11 is nested within tubular drive shaft 12, figure 4).
Regarding claim 8, Maruyama further discloses an extension portion (11, figure 4) disposed between the first spool and the second spool.
Regarding claim 18, Maruyama discloses a medical device (figure 3), comprising: a handle (4, figure 1); a device shaft (1, figure 3) extending from the handle; and a control device (see 5UD and 5RL, figure 3 | applied to the other bendable portion control device…5RL [0059] | see figures 3-4), wherein the control device is coupled to the handle (see figure 3) and includes: a first knob (5UD, figure 3) and a second knob (5RL, figure 3), wherein each of the first knob and the second knob is rotatable relative to the handle (freely rotated…[0035]); a first control shaft (12, figure 4) extending from the first knob and a second control shaft (11, figure 4) extending from the second knob; a first spring clutch (spring engaging arm 18 and 18’, figure 7) and a second spring clutch (spring engaging arm 18 and 18’, figure 7 | [0059]), wherein each of the first spring clutch and the second spring clutch includes a first leg and a second leg (see 22, figure 7 | [0059]); a first spool (17, figure 7) and a second spool (17, figure 7 | [0059] | connect to 11, figure 4), wherein each of the first spool and the second spool includes a first stop surface and a second stop surface (see surfaces of 21, figure 7); and a one or more wires coupled to each of the first spool and second spool (see 6, figure 4), wherein rotation of the first knob in a first direction (manually rotated [0048]) causes a first leg (22, figure 7) of the first spring clutch to contact the first stop surface of the first spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the first spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the first spool to rotate in the first direction (cause 17 to rotate [0048]), and wherein rotation of the second knob in a second direction (counterclockwise rotation | manually rotated [0048]) causes a first leg (22, figure 7 | [0059]) of the second spring clutch to contact the first stop surface of the second spool (see surface of 21, figure 7), causing the second spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the second spool to rotate in the second direction (cause 17 to rotate [0048] | [0059]; the second spool would rotate).
Regarding claim 19, Maruyama further discloses each of the first spring clutch and the second spring clutch includes three legs (22, figure 8), and wherein the first leg is disposed between a second leg and a third leg (see the lugs 22, figure 8 | the lug 22 is between two other lugs 22, figure 8).
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, 3-5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Maruyama (US 2007/0255102), in view of Rude (US 5,507,374).
Regarding claim 1, Maruyama discloses a medical device (figure 3), comprising: a handle (4, figure 1); and a control device (figure 4), wherein the control device is coupled to the handle (figures 3-4) and includes: a knob (5UD or 5RL, figure 3), wherein the knob is rotatable relative to the handle (freely rotated…[0035]); a control shaft (11 or 12, figure 4; [0041]), and a spool (9RL or 9UD, figure 4); one or more wires (6, figure 4) coupled to the spool; and a supporting column (10, figure 4). Maruyama is silent regarding the control shaft extending from the knob; at least one spring clutch including two legs; wherein rotation of the knob in a first direction causes a first leg of the at least one spring clutch to contact a stop surface of the spool, causing the at least one spring clutch to loosen and the spool to rotate in the first direction.
Rude teaches a clutch system with a pulley (5, figure 2) with control sectors (33 and 35, figure 2), springs (11, 13, 15, and 17, figure 2) with tangs (19, figure 2), a pawl (23, figure 2) with a ridge (45, figure 3) and edges (47 and 49, figures 3-4), and a housing (37, figure 2) with internal ridges/keys (43, figure 4). Clockwise rotation of the pulley (5, figure 2) causes clockwise rotation of control sectors (33 and 35, figure 2). This loosens the grips of the springs on core portion (7, figure 2) of coreguard (1, figure 2), allowing the springs and pawl (23, figure 2) to follow the rotation of the pulley. The coreguard (1, figure 2) guides the operating cord or chain about the pulley (Col. 2, lines 50-52). Leading edge (47, figures 3-4) of pawl (23, figures 3-4) comes into contact with one of keys (43, figure 4) of the housing (37, figure 4), imparting the same clockwise rotation to the housing. When the control sector (35, figure 2) rotates in the counter-clockwise direction, it comes into contact with tangs (21, figure 2) of the springs (Col. 4, lines 5-9). This causes the springs to loosen and rotate in the counterclockwise direction so long as the control sector (35, figure 2) continues to make contact with the tangs and move in that direction (Col. 4, lines 9-13).
It would have been obvious to modify the device of Maruyama with a pulley (5, figure 2) with control sectors (33 and 35, figure 2), springs (11, 13, 15, and 17, figure 2) with tangs (19, figure 2), a pawl (23, figure 2) with a ridge (45, figure 3) and edges (47 and 49, figures 3-4), and a housing (37, figure 2) with internal ridges/keys (43, figure 4) for each knob as taught by Rude. Doing so would provide clutch control while preventing inadvertent reverse rolling (Col. 2, lines 3-4). The modified device would have the control shaft (see 33 and 35, figure 2; Rude) extending from the knob (5UD or 5 RL, figure 3; Maruyama); at least one spring clutch (pawl 23 and 11, 13, 15, 17, figure 2) including two legs (see 19 and 21, figure 2); wherein rotation of the knob in a first direction (clockwise rotation of pulley; Col. 3, lines 56) causes a first leg (19, figure 4) of the at least one spring clutch to contact a stop surface (see edge 49 of pawl and surface of keys 43, figure 4) of the spool (housing 37, figures 2-4; Rude | 9RL or 9UD, figure 4; Maruyama), causing the at least one spring clutch to loosen (loosen the grip of the springs; Col. 3, lines 57-58) and the spool to rotate in the first direction (imparting the same clockwise rotation to housing 37; Col. 3, lines 61-62).
Regarding claim 3, Rude further teaches the at least one spring clutch (pawl 23 and 11, 13, 15, 17, figure 2; Rude) includes three legs (see 19 and 21, figure 2 and 45, figure 3), and wherein the first leg (19, figure 2) is disposed between (see 19 with relation to 21 and 45 based on figures 2-3 | 19 fits into slot 25, figure 2) a second leg (see 45, figure 3) and a third leg (21, figure 2).
Regarding claim 4, Rude further teaches each of the first leg, the second leg, and the third leg extend radially outward (see 19 and 21, figure 2 and 45, figure 3; Rude | 19, 21, and 45 is outward of 11, 13, 15, and 17, figure 2) relative to an outer circumference of the at least one spring clutch (pawl 23 and 11, 13, 15, 17, figure 2).
Regarding claim 5, Rude further teaches the at least one spring clutch includes an open portion (see open portion between 19 and 21, figure 2; Rude) defined between the two legs.
Regarding claim 9, Rude further teaches the spool includes a first gap (see gaps between keys 43, figure 4; Rude) opposite a second gap (see gaps between keys 43, figure 4 | see how they are opposite of one another), wherein the first leg (19, figure 4) of the at least one spring clutch is disposed within the first gap (see location of 19 in the gap between 43, figure 4), and wherein a second leg (see 21, figure 4) of the at least one spring clutch is disposed within the second gap (see location of 21 in the gap between 43, figure 4).
Claim(s) 4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Maruyama (US 2007/0255102) as applied to claims 3 and 19 above, and in further view of another embodiment of Maruyama (US 2007/0255102).
Regarding claim 4, Maruyama discloses all of the features in the current invention as shown above in claim 3. Maruyama is silent regarding each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the at least one spring clutch.
In another embodiment of Maruyama, a grooved rotational plate (117, figure 9) is provided on an inner peripheral surface thereof with an engaging groove (21, figure 9) is configured to rotated with the knob ([0058]). A seating plate (116, figure 9) is provided on an outer surface thereof with an engaging lug (22, figure 9) that projects radially outward to be freely engageable in the engaging groove (21, figure 9), where the seating plate (116, figure 9) is formed integral with the UD tubular drive shaft (12, figure 4). It is possible that the relative position between the engaging groove (21, figure 9) and the engaging lug (22, figure 9) be reversed in this manner in each of the described embodiments.
It would have been obvious to modify the device to have the legs extend outward as taught in another embodiment of Maruyama ([0058]). Doing so is another alternative way to position the engaging groove (21, figure 9) and the engaging lug/leg (22, figure 9). The modified device would have each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the at least one spring clutch (see location of 22, figure 9).
Regarding claim 20, Maruyama discloses all of the features in the current invention as shown above in claim 19. Maruyama is silent regarding each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the first spring clutch and the second spring clutch, respectively.
In another embodiment of Maruyama, a grooved rotational plate (117, figure 9) is provided on an inner peripheral surface thereof with an engaging groove (21, figure 9) is configured to rotated with the knob ([0058]). A seating plate (116, figure 9) is provided on an outer surface thereof with an engaging lug (22, figure 9) that projects radially outward to be freely engageable in the engaging groove (21, figure 9), where the seating plate (116, figure 9) is formed integral with the UD tubular drive shaft (12, figure 4). It is possible that the relative position between the engaging groove (21, figure 9) and the engaging lug (22, figure 9) be reversed in this manner in each of the described embodiments.
It would have been obvious to modify the device to have the legs extend outward as taught in another embodiment of Maruyama ([0058]). Doing so is another alternative way to position the engaging groove (21, figure 9) and the engaging lug/leg (22, figure 9). The modified device would have each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the first spring clutch and the second spring clutch, respectively (see location of 22, figure 9).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5 of U.S. Patent No. 12,213,648. Although the claims at issue are not identical, they are not patentably distinct from each other because:
* Citations are for Powell (US 12,213,648).
Regarding claim 1, Powell discloses a medical device (claim 1), comprising: a handle (claim 1); and a control device (claim 1), wherein the control device is coupled to the handle (claim 1) and includes: a knob (claim 1), wherein the knob is rotatable relative to the handle (claim 1); a control shaft extending from the knob (claim 1); at least one spring clutch (the first and second spring clutch; claim 1) including two legs (first and second legs; claim 1); a spool (claim 1); and one or more wires coupled to the spool (claim 1), wherein rotation of the knob in a first direction (claim 1) causes a first leg of the at least one spring clutch to contact a stop surface of the spool (the first leg…loosen…first leg…contact a first stop surface; claim 1), causing the at least one spring clutch to loosen (to loosen; claim 1) and the spool to rotate in the first direction (spool to rotate…; claim 1).
Regarding claim 2, Powell further discloses the stop surface is a first stop surface (first stop surface…; claim 1), and wherein rotation of the knob in a second direction (claim 2) causes a second leg of the at least one spring clutch to contact a second stop surface of the spool (second leg…fourth stop surface; claim 1), causing the at least one spring clutch to loosen (loosen; claim 2) and the spool to rotate in the second direction (spool to rotate in the second direction; claim 2).
Regarding claim 3, Powell further discloses the at least one spring clutch includes three legs (each of the first and second spring clutch includes a first leg and a second leg; claim 1 | a total of 4 legs), and wherein the first leg is disposed between a second leg and a third leg (first leg of the first spring clutch to contact a first stop surface...first gap; claim 1; the first leg of the second spring clutch to contract a second stop surface...second gap; claim 1; the second leg of the second spring clutch to contact a third stop surface…second gap; claim 2).
Regarding claim 4, Powell further discloses each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the at least one spring clutch (radially outward…; claim 3).
Regarding claim 5, Powell further discloses the at least one spring clutch includes an open portion defined between the two legs (open portion; claim 5).
Regarding claim 9, Powell further discloses the spool includes a first gap opposite a second gap (first and second gaps…; claim 1), wherein the first leg of the at least one spring clutch is disposed within the first gap (first leg of the first spring clutch…first gap; claim 1), and wherein a second leg of the at least one spring clutch is disposed within the second gap (second leg of the first spring clutch…second gap; claim 2).
Claims 6-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7-8 of U.S. Patent No. 12,213,648 as applied to claim 1 above, and further in view of Maruyama (US 2007/0255102)
Regarding claim 6, Powell further discloses the knob is a first knob (a first control device; claim 1), wherein the spool is a first spool (first control device; claim 1), wherein the control device is a first control device (first control device; claim 1), wherein the medical device further comprises a second control device (second control device; claim 7) that is coaxial with the first control device (coaxial…; claim 7), and wherein the second control device includes: a second knob (claim 7), wherein the second knob is rotatable relative to the handle and the first knob (rotatable relative to…; claim 7); at least one second spring clutch including two legs (at least one third spring clutch including two legs; claim 7); a second spool (claim 7); and one or more second wires coupled to the second spool (claim 7). Powell is silent regarding wherein rotation of the second knob in a second direction causes a first leg of the at least one second spring clutch to contact a second stop surface of the second spool, causing the at least one second spring clutch to loosen and the second spool to rotate in the second direction.
Maruyama teaches a medical device (figure 3), comprising: a handle (4, figure 1); and a control device (figure 4), wherein the control device is coupled to the handle (figures 3-4) and includes: a knob (5UD and 5RL, figure 3), wherein the knob is rotatable relative to the handle (freely rotated…[0035]); a control shaft (11 or 12, figure 4; [0041]) extending from the knob; at least one spring clutch (spring engaging arm 18 and 18’, figure 7) including two legs (see 22, figure 7); a spool (17, figure 7 | 17 is integral with the UD tubular drive shaft 12…[0045]; see figure 3); and one or more wires (6U and 6D, figure 4) coupled to the spool, wherein rotation of the knob in a first direction (manually rotated [0048]) causes a first leg (22, figure 7) of the at least one spring clutch to contact a stop surface of the spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the at least one spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the spool to rotate in the first direction (cause 17 to rotate [0048]). Maruyama further teaches the torque limiting mechanism can also be applied to the other bendable portion control device ([0059]).
It would have been obvious to modify the device of Powell to have the same features in the first control device, like the spring clutch (18 and 18’, figure 7) and spool (17, figure 7) and seating plate (16, figure 7), applied to the second control device (5RL, figure 3) as taught by Maruyama ([0059]). Doing so would provide the torque limiting mechanism for both knobs ([0059]; Maruyama). The modified device would have wherein rotation of the second knob in a second direction (manually rotated [0048]; Maruyama | can be counterclockwise direction) causes a first leg (22, figure 7) of the at least one second spring clutch to contact a second stop surface of the second spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the at least one second spring clutch to loosen (loosen; claim 7 Powell) and the second spool to rotate in the second direction (second spool to rotate; claim 7 of Powell | cause 17 to rotate [0048]; Maruyama, the modified device would have the second spool rotate in the 2nd direction; [0059]).
Regarding claim 7, Powell further discloses a portion of the first control device is nested within the second control device (nested within…; claim 8).
Regarding claim 8, Powell further discloses comprising an extension portion (hollow axle…radial extension; claim 8) disposed between the first spool and the second spool.
Claims 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-13 and 16 of U.S. Patent No. US 12,213,648 in view of Maruyama (US 2007/0255102).
Regarding claim 18, Powell discloses a medical device (claim 12), comprising: a handle (claim 12); a device shaft extending from the handle (claim 12); and a control device (claim 12), wherein the control device is coupled to the handle (claim 12) and includes: a first knob and a second knob (a first knob…a second knob; claim 12), wherein each of the first knob and the second knob is rotatable relative to the handle (rotatable relative to the handle; claim 12); a first control shaft extending from the first knob (claim 12) and a second control shaft extending from the second knob (claim 12); a first spring clutch and a second spring clutch (a first spring clutch…a second spring clutch…a third spring clutch…; claim 12), wherein each of the first spring clutch and the second spring clutch includes a first leg and a second leg (two legs; claim 12); a first spool and a second spool (a first spool…a second spool; claim 12), wherein each of the first spool and the second spool includes a first stop surface (see claim 12 | first or second gap of the second spool; claim 13) and a second stop surface (see claim 12 | first or second gap of the second spool; claim 13); and a one or more wires coupled to each of the first spool and second spool (claim 12), wherein rotation of the first knob in a first direction (rotation of the first knob…; claim 12) causes a first leg of the first spring clutch to contact the first stop surface of the first spool (first leg…contact a first stop surface; claim 12), causing the first spring clutch to loosen and the first spool to rotate in the first direction (first spring clutch to loosen…the first spool to rotate; claim 12). Powell is silent regarding rotation of the second knob in a second direction causes a first leg of the second spring clutch to contact the first stop surface of the second spool, causing the second spring clutch to loosen and the second spool to rotate in the second direction.
Maruyama teaches a medical device (figure 3), comprising: a handle (4, figure 1); and a control device (figure 4), wherein the control device is coupled to the handle (figures 3-4) and includes: a knob (5UD and 5RL, figure 3), wherein the knob is rotatable relative to the handle (freely rotated…[0035]); a control shaft (11 or 12, figure 4; [0041]) extending from the knob; at least one spring clutch (spring engaging arm 18 and 18’, figure 7) including two legs (see 22, figure 7); a spool (17, figure 7 | 17 is integral with the UD tubular drive shaft 12…[0045]; see figure 3); and one or more wires (6U and 6D, figure 4) coupled to the spool, wherein rotation of the knob in a first direction (manually rotated [0048]) causes a first leg (22, figure 7) of the at least one spring clutch to contact a stop surface of the spool (see surface of 21, figure 7 | lug 22 remains engaged in the groove 21…[0047]; cause 17 to rotate…[0048]), causing the at least one spring clutch to loosen (broadly interpreted the spring clutch to be freely rotatable [0047]) and the spool to rotate in the first direction (cause 17 to rotate [0048]). Maruyama further teaches the torque limiting mechanism can also be applied to the other bendable portion control device ([0059]).
It would have been obvious to modify the device of Powell to have the same features in the first control device, like the spring clutch (18 and 18’, figure 7) and spool (17, figure 7) and seating plate (16, figure 7), applied to the second control device (5RL, figure 3) as taught by Maruyama ([0059]). Doing so would provide the torque limiting mechanism for both knobs ([0059]; Maruyama). The modified device would have rotation of the second knob in a second direction (counterclockwise rotation | manually rotated [0048]; Maruyama) causes a first leg (22, figure 7 | [0059]) causes a first leg of the second spring clutch (22, figure 7 | [0059]) to contact the first stop surface of the second spool (see surface of 21, figure 7), causing the second spring clutch to loosen (third spring clutch to loosen; claim 12 of Powell) and the second spool to rotate in the second direction (second spool to rotate; claim 12).
Regarding claim 19, Powell further discloses each of the first spring clutch and the second spring clutch includes three legs (each of the first and second and third spring clutches includes a first leg and a second leg; claim 12 | a total of 6 legs), and wherein the first leg is disposed between a second leg and a third leg (first leg of the first spring clutch to contact a first stop surface…a first leg of the second spring clutch to contact a second stop surface; claim 12 | the additional legs of the first and second spring clutch may be located between or on the other end of the first legs of the first and second spring clutches).
Regarding claim 20, Powell further discloses each of the first leg, the second leg, and the third leg extend radially outward relative to an outer circumference of the first spring clutch and the second spring clutch, respectively (claim 16).
Conclusion
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PAMELA F. WU
Examiner
Art Unit 3795
June 25, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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