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
In the present application, claims 1-20 are currently pending and examined below.
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 4-13, 17, and 19-20 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.
Claim 4 recites the limitation "the distal end" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended to state, “the distal end of the second steering wire.” Appropriate correction is required.
Claim 5 recites the limitation "the distal end" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended to state, “the distal end of the second steering wire.” Appropriate correction is required. Claim 6 is also rejected because of claim 6’s dependency on the rejected base claim, claim 5.
Claim 5 recites the limitation "the proximal end" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended to state, “the proximal end of the second steering wire.” Appropriate correction is required. Claim 6 is also rejected because of claim 6’s dependency on the rejected base claim, claim 5.
Claim 5 recites the limitation "the first steering actuator" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required. Claim 6 is also rejected because of claim 6’s dependency on the rejected base claim, claim 5.
Claim 7 recites the limitation "the distal end" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended to state, “the distal end of the second steering wire.” Appropriate correction is required. Claims 8-13 are also rejected because of claim their direct and indirect dependency on the rejected base claim, claim 7.
Claim 17 recites the limitation "the distal end" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended to state, “the distal end of the second steering wire.” Appropriate correction is required.
Claim 19 recites the limitation "the first steering actuator" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required. Claim 20 is also rejected because of claim 20’s dependency on the rejected base claim, claim 19.
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.
(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 1-3, 5, and 19-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ewers et al. (US2003/0233066 ) hereinafter Ewers.
Regarding Claim 1, Ewers discloses an endoscope (Fig. 2 apparatus 20, [0078]) comprising:
a handle (Fig. 2 handle 21);
a steering actuator (Fig. 2 actuator 27) supported by the handle (Fig. 2 handle 21);
an insertion cord (Fig. 2 overtube 22) extending from the handle (Fig. 2 handle 21) and including a bending section (Fig. 2 overtube 22, [0094]);
a first steering wire (Figs. 3a, 5 tensions wires 36) having a distal end ([0081, 0094]) and a proximal end ([0094]), the distal end ([0094]) being connected to the bending section (Fig. 2 overtube 22, [0094]);
a first rack connector (Fig. 5 pawl 60) arranged at the steering actuator (Fig. 2 actuator 27); and
a first ratchet rack (Fig. 5 rack gear 58) connected to the proximal end ([0094]) of the first steering wire (Figs. 3a, 5 tensions wires 36) and to the first rack connector (Fig. 5 pawl 60), the first ratchet rack (Fig. 5 rack gear 58) being unidirectionally translatable in the first rack connector (Fig. 5 pawl 60) to tension the first steering wire (Figs. 3a, 5 tensions wires 36) ([0094-0095]).
Regarding Claim 2, Ewers discloses the endoscope of claim 1, wherein the first rack connector (Fig. 5 pawl 60) comprises a pawl (Fig. 5 pawl 60) including teeth (Fig. 5 prongs 61/62) configured to engage (Fig. 5 via gear 59) teeth of the first ratchet rack (Fig. 5 teeth of rack gear 58) to effect unidirectionally translation of the first ratchet rack(Fig. 5 teeth of rack gear 58) in the first rack connector (Fig. 5 pawl 60).
Regarding Claim 3, Ewers discloses the endoscope of claim 1, wherein the first rack connector (Fig. 5 pawl 60) comprises a pawl (Fig. 5 pawl 60) and a pawl release (Fig. 5 selector switch 63).
Regarding Claim 5, Ewers discloses the endoscope of claim 1,the endoscope (Fig. 2 apparatus 20, [0078]) further comprising a second steering wire (Figs. 3a, 5 tensions wires 36) having a distal end and a proximal end ([0081, 0094-0095]), the distal end being connected to the bending section (Fig. 2 overtube 22, [0094]) and the proximal end ([0081, 0094-0095]) connected, directly or indirectly, to the first steering actuator (Fig. 2 actuator 27).
Regarding Claim 19, Ewers discloses a method of assembling the endoscope of claim 1 (see claim 1 above), the method comprising:
providing the (Fig. 2 handle 21);
providing the first steering actuator (Fig. 2 actuator 27);
providing the first steering wire (Figs. 3a, 5 tensions wires 36);
providing the ratchet rack (Fig. 5 rack gear 58);
providing the rack connector (Fig. 5 pawl 60);
inserting ([0081, 0094-0095]) the ratchet rack (Fig. 5 rack gear 58) in the rack connector (Fig. 5 pawl 60) at the steering actuator (Fig. 2 actuator 27); and
connecting ([0081, 0094-0095]) the proximal end of the first steering wire (Figs. 3a, 5 tensions wires 36) to the steering actuator (Fig. 2 actuator 27).
20. The method of claim 19, further comprising tensioning the first steering wire by pulling on the ratchet rack.
Regarding Claim 20, Ewers discloses method of claim 19, further comprising tensioning the first steering wire (Figs. 3a, 5 tensions wires 36) by pulling ([0081, 0094-0095]) on the ratchet rack (Fig. 5 rack gear 58).
Claims 1, 4-7, 9-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Shintaro Inoue (US2016/0030121) hereinafter Inoue.
Regarding Claim 1, Inoue discloses an endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) comprising:
a handle (Fig. 1 base case 190);
a steering actuator (Fig. 16 first pinion 450) supported by the handle (Fig. 1 base case);
an insertion cord (Fig. 1 first rigid tube 310, second rigid tube 320, joint portion 350, manual joint portion 370) extending from the handle (Fig. 1 base case) and including a bending section (Fig. 1 manual joint portion 370);
a first steering wire (Figs. 16-20 third wire 253) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) being connected to the bending section (Fig. 1 manual joint portion 370);
a first rack connector (see annotated Fig. 16) arranged at the steering actuator (Fig. 16 first pinion 450); and
a first ratchet rack (Fig. 16 first rack 410) connected to the proximal end ([0126-0129]) of the first steering wire (Figs. 16-20 third wire 253) and to the first rack connector (see annotated Fig. 16), the first ratchet rack (Fig. 16 first rack 410) being unidirectionally translatable in the first rack connector (see annotated Fig. 16) to tension the first steering wire (Figs. 16-20 third wire 253).
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Regarding Claim 4, Inoue discloses the endoscope of claim 1, further comprising:
a second steering actuator (Fig. 16 second pinion 460) supported by the handle (Fig. 1 base case 190);
a second steering wire (Figs. 16-20 fourth wire 254) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) being connected to the bending section (Fig. 1 manual joint portion 370);
a third steering wire (Figs. 16-20 fifth wire 255) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) being connected to the bending section (Fig. 1 manual joint portion 370);
a fourth steering wire (Figs. 16-20 sixth wire 256) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the fourth steering wire Figs. 16-20 sixth wire 256) being connected to the bending section (Fig. 1 manual joint portion 370);
a second rack connector (see annotated Fig. 16) arranged at the steering actuator (Fig. 16 first pinion 450);
a third rack connector (see annotated Fig. 16) arranged at the second steering actuator (Fig. 16 second pinion 460);
a fourth rack connector (see annotated Fig. 16) arranged at the second steering actuator (Fig. 16 second pinion 460);
a second ratchet rack (Figs. 16-20 second rack 420) connected to the proximal end ([0126-0129]) of the second steering wire (Figs. 16-20 fourth wire 254) and to the second rack connector (see annotated Fig. 16), the second ratchet rack (Figs. 16-20 second rack 420) being unidirectionally translatable in the second rack connector (see annotated Fig. 16) to tension the second steering wire (Figs. 16-20 fourth wire 254);
a third ratchet rack (Figs. 16-20 third rack 430) connected to the proximal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) and to the third rack connector (see annotated Fig. 16), the third ratchet rack (Figs. 16-20 third rack 430) being unidirectionally translatable in the third rack connector (see annotated Fig. 16) to tension the third steering wire (Figs. 16-20 fifth wire 255); and
a fourth ratchet rack (Figs. 16-20 fourth rack 440) connected to the proximal end ([0126-0129]) of the fourth steering wire (Figs. 16-20 sixth wire 256) and to the fourth rack connector (see annotated Fig. 16), the fourth ratchet rack (Figs. 16-20 fourth rack 440) being unidirectionally translatable in the fourth rack connector (see annotated Fig. 16) to tension the fourth steering wire (Figs. 16-20 sixth wire 256).
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Regarding Claim 5, Inoue discloses the endoscope of claim 1,the endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) further comprising a second steering wire (Figs. 16-20 fourth wire 254) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) being connected to the bending section (Fig. 1 manual joint portion 370) the proximal end ([0126-0129]) connected, directly or indirectly, to the first steering actuator (Fig. 16 first pinion 450).
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Regarding Claim 6, Inoue discloses the endoscope of claim 5, the endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) further comprising: a second steering actuator (Fig. 16 second pinion 460) supported by the handle (Fig. 1 base case 190);
a third steering wire (Figs. 16-20 fifth wire 255) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) being connected to the bending section (Fig. 1 manual joint portion 370);
a third rack connector (see annotated Fig. 16) arranged at the second steering actuator (Fig. 16 second pinion 460); and
a third ratchet rack (Figs. 16-20 third rack 430) connected to the proximal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) and to the third rack connector (see annotated Fig. 16), the third ratchet rack (Figs. 16-20 third rack 430) being unidirectionally translatable in the third rack connector (see annotated Fig. 16) to tension the third steering wire (Figs. 16-20 fifth wire 255).
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Regarding Claim 7, Inoue discloses the endoscope of claim 1, further comprising:
a second steering wire (Figs. 16-20 fourth wire 254) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) being connected to the bending section (Fig. 1 manual joint portion 370);
a second rack connector (see annotated Fig. 16) arranged at the steering actuator (Fig. 16 first pinion 450); and
a second ratchet rack (Figs. 16-20 second rack 420) connected to the proximal end ([0126-0129]) of the second steering wire (Figs. 16-20 fourth wire 254) and to the second rack connector (see annotated Fig. 16), the second ratchet rack (Figs. 16-20 second rack 420) being unidirectionally translatable in the second rack connector (see annotated Fig. 16) to tension the second steering wire (Figs. 16-20 fourth wire 254).
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Regarding Claim 9, Inoue discloses the endoscope of claim 7, the endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) further comprising:
a second steering actuator (Fig. 16 second pinion 460) supported by the handle (Fig. 1 base case 190);
a third steering wire (Figs. 16-20 fifth wire 255) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) being connected to the bending section (Fig. 1 manual joint portion 370);
a third rack connector (see annotated Fig. 16) arranged at the second steering actuator (Fig. 16 second pinion 460); and
a third ratchet rack (Figs. 16-20 third rack 430) connected to the proximal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) and to the third rack connector (see annotated Fig. 16), the third ratchet rack (Figs. 16-20 third rack 430) being unidirectionally translatable in the third rack connector (see annotated Fig. 16) to tension the third steering wire (Figs. 16-20 fifth wire 255).
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Regarding Claim 10, Inoue discloses the endoscope of claim 9, wherein the third ratchet rack(Figs. 16-20 third rack 430) is inserted in the third rack connector (see annotated Fig. 16).
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Regarding Claim 12, Inoue discloses the endoscope of claim 9, the endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) further comprising:
a fourth steering wire (Figs. 16-20 sixth wire 256) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the fourth steering wire Figs. 16-20 sixth wire 256) being connected to the bending section (Fig. 1 manual joint portion 370);
a fourth rack connector (see annotated Fig. 16) arranged at the second steering actuator (Fig. 16 second pinion 460); and
a fourth ratchet rack (Figs. 16-20 fourth rack 440) connected to the proximal end ([0126-0129]) of the fourth steering wire (Figs. 16-20 sixth wire 256) and to the fourth rack connector (see annotated Fig. 16), the fourth ratchet rack (Figs. 16-20 fourth rack 440) being unidirectionally translatable in the fourth rack connector (see annotated Fig. 16) to tension the fourth steering wire (Figs. 16-20 sixth wire 256).
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Regarding Claim 13, Inoue discloses the endoscope of claim 9, further comprising a fourth steering wire (Figs. 16-20 sixth wire 256) having a distal end ([0126-0129]) connected to the bending section (Fig. 1 manual joint portion 370) and a proximal end ([0126-0129]) attached to the second steering actuator (Fig. 16 second pinion 460).
Regarding Claim 14, Inoue discloses the endoscope of claim 1, the endoscope (Fig. 1 manipulator 10 with 560 manual joint selection switch of Figs.16-20, [0004]) further comprising:
a second steering wire (Figs. 16-20 fourth wire 254) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the second steering wire (Figs. 16-20 fourth wire 254) being connected to the bending section (Fig. 1 manual joint portion 370);
a second steering actuator (Fig. 16 second pinion 460) supported by the handle (Fig. 1 base case 190);
a third steering wire (Figs. 16-20 fifth wire 255) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the third steering wire (Figs. 16-20 fifth wire 255) being connected to the bending section (Fig. 1 manual joint portion 370);
a fourth steering wire (Figs. 16-20 sixth wire 256) having a distal end ([0126-0129]) and a proximal end ([0126-0129]), the distal end ([0126-0129]) of the fourth steering wire Figs. 16-20 sixth wire 256) being connected to the bending section (Fig. 1 manual joint portion 370);
a second rack connector (see annotated Fig. 16) arranged at the steering actuator (Fig. 16 first pinion 450); and
a second ratchet rack (Figs. 16-20 second rack 420) connected to the proximal end ([0126-0129]) of the second steering wire (Figs. 16-20 fourth wire 254) and to the second rack connector (see annotated Fig. 16), the second ratchet rack (Figs. 16-20 second rack 420) being unidirectionally translatable in the second rack connector (see annotated Fig. 16) to tension the second steering wire (Figs. 16-20 fourth wire 254).
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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.
Claims 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ewers in view of Goldenberg et al. (US2015/0297062) hereinafter Goldenberg.
Regarding Claim 15, Ewers discloses a system comprising: the endoscope of claim 1 (see claim 1 above) but is silent at further comprising an imaging sensor; and a video processing apparatus configured to receive a video or image signal from the endoscope.
However Goldenberg, in the same endeavor, teaches an imaging sensor (camera, abstract); and a video processing apparatus (image processor, abstract) configured to receive a video or image signal from the endoscope (abstract).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Ewers with the teaching of Goldenberg to further comprise an imaging sensor; and a video processing apparatus configured to receive a video or image signal from the endoscope for the benefit of “…look[ing] inside a or inspect[ing] a region inside a confined area or specific body cavity or organ” (Goldenberg – [0003]).
Regarding Claim 16, Ewers in view of Goldenberg teaches the system of claim 15, wherein the video processing apparatus (Goldberg – image processor, abstract) comprises a display (Goldberg – Fig. 1 TV or video display monitor 130) and is configured to present video or images with the display, the video or images being based on the video or image signals from the endoscope (Goldberg – endoscope 100).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teaching of Ewers with the teachings of Goldenberg to include video processing apparatus comprises a display and is configured to present video or images with the display, the video or images being based on the video or image signals from the endoscope for the benefit of having the images captures by the endoscope be displayed on a “larger video screen” (Goldenberg – [0004]).
Regarding Claim 18, Ewers in view of Goldenberg teaches the system of claim 15, wherein the first rack connector (Ewers - Fig. 5 pawl 60) comprises a pawl (Ewers - Fig. 5 pawl 60) including teeth (Ewers - Fig. 5 prongs 61/62) configured to engage (Ewers - Fig. 5 via gear 59) teeth of the first ratchet rack (Ewers - Fig. 5 teeth of rack gear 58) to effect unidirectionally translation of the first ratchet rack(Ewers - Fig. 5 teeth of rack gear 58) in the first rack connector (Ewers - Fig. 5 pawl 60).
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Inoue in view of Goldenberg et al. (US2015/0297062) hereinafter Goldenberg.
Regarding Claim 15, Inoue discloses a system comprising: the endoscope of claim 1 (see claim 1 above) but is silent at further comprising an imaging sensor; and a video processing apparatus configured to receive a video or image signal from the endoscope.
However Goldenberg, in the same endeavor, teaches an imaging sensor (camera, abstract); and a video processing apparatus (image processor, abstract) configured to receive a video or image signal from the endoscope (abstract).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Inoue with the teaching of Goldenberg to further comprise an imaging sensor; and a video processing apparatus configured to receive a video or image signal from the endoscope for the benefit of “…look[ing] inside a or inspect[ing] a region inside a confined area or specific body cavity or organ” (Goldenberg – [0003]).
Regarding Claim 17, Inoue in view of Goldenberg teach the system of claim 15, wherein the endoscope further comprises:
a second steering actuator (Inoue – Fig. 16 second pinion 460) supported by the handle (Inoue – Fig. 1 base case 190);
a second steering wire (Inoue – Figs. 16-20 fourth wire 254) having a distal end (Inoue – [0126-0129]) and a proximal end (Inoue – [0126-0129]), the distal end (Inoue – [0126-0129]) of the second steering wire (Figs. 16-20 fourth wire 254) being connected to the bending section (Inoue – Fig. 1 manual joint portion 370);
a third steering wire (Inoue – Figs. 16-20 fifth wire 255) having a distal end (Inoue – [0126-0129]) and a proximal end (Inoue – [0126-0129]), the distal end (Inoue – [0126-0129]) of the third steering wire (Inoue – Figs. 16-20 fifth wire 255) being connected to the bending section (Inoue – Fig. 1 manual joint portion 370);
a fourth steering wire (Inoue – Figs. 16-20 sixth wire 256) having a distal end (Inoue – [0126-0129]) and a proximal end (Inoue – [0126-0129]), the distal end (Inoue – [0126-0129]) of the fourth steering wire (Inoue – Figs. 16-20 sixth wire 256) being connected to the bending section (Inoue – Fig. 1 manual joint portion 370);
a second rack connector (Inoue – see annotated Fig. 16) arranged at the steering actuator (Inoue – Fig. 16 first pinion 450); and
a second ratchet rack (Inoue – Figs. 16-20 second rack 420) connected to the proximal end (Inoue – [0126-0129]) of the second steering wire (Inoue – Figs. 16-20 fourth wire 254) and to the second rack connector (Inoue – see annotated Fig. 16), the second ratchet rack (Inoue – Figs. 16-20 second rack 420) being unidirectionally translatable in the second rack connector (Inoue – see annotated Fig. 16) to tension the second steering wire (Inoue – Figs. 16-20 fourth wire 254).
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Allowable Subject Matter
Claims 8 and 11 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, as well as overcome the cited claim rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Karlsson et al. (US2019/0307979);
Brown et al. (US5158086);
Theodore Kruy (US4207873); and
Pedersen et al. (US2024/0389839).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN ELIZABETH MONAHAN/Examiner, Art Unit 3795
Prosecution Insights