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 Species F, G, and H in the reply filed on 08/10/2026 is acknowledged.
Claims 11 and 13-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/10/2026.
Status of Claims
Claims 1-20 are pending, claims 11 and 13-20 are withdrawn and claims 1-10 and 12 are currently under consideration for patentability under 37 CFR 1.104.
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.
Claim(s) 1, 2, 3, 4, 5, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2005/0272978 to Brunnen et al. (hereinafter “Brunnen”).
Regarding claim 1, Brunnen discloses an articulatable flexible endoscope comprising: an elongated member extending between a distal end and a proximal end (1, Fig. 1, [0086]), wherein the elongated member comprises a bending section (8, Fig. 1B, [0086]) steerable by one or more pull wires (1, Fig. 2B, [0086]), wherein the bending section comprises at least an inner flexure (9”, Fig. 6A, 6B, [0087]) placed inside an outer flexure (9’, Fig. 6A, 6B, [0087]) and wherein the inner flexure is formed with structures to provide structural support for the one or more pull wires upon assembly with the outer flexure (8”, 23, 24, Fig. 2B, 6D, 7C); and a distal tip portion connected to the distal end of the elongate member (18’ Fig. 2B, [0091]).
Regarding claim 2, Brunnen discloses the articulating flexible endoscope of claim 1, and Brunnen further discloses wherein the inner flexure comprises repeated cut pattern at a first predetermined longitudinal pitch (inner tube segment 9” has repeating segments connected by connecting means 11, with each segment having the same longitudinal pitch at edges, Fig. 5a).
Regarding claim 3, Brunnen discloses the articulating flexible endoscope of claim 2, and Brunnen further discloses wherein the outer flexure comprises repeated cut pattern at a second predetermined longitudinal pitch (outer tube segment 9’ has repeating segments connected by connecting means 11, with each segment having the same longitudinal pitch at edges, Fig. 5a).
Regarding claim 4, Brunnen discloses the articulating flexible endoscope of claim 3, and Brunnen further discloses wherein the second predetermined longitudinal pitch is a multiplication of the first predetermined longitudinal pitch (longitudinal pitches at edges of segments of inner tube segment 9” and outer tube segment 9’ are comparable, Fig. 5A, 6A).
Regarding claim 5, Brunnen discloses the articulating flexible endoscope of claim 1, and Brunnen further discloses wherein the structures of the inner flexure comprise circumferential grooves (23, 24, Fig. 6D, [0093]) and protrusions to form one or more lumens upon assembly with the outer flexure (pointed edges at each of grooves 23 and 24 along with grooves themselves create a lumen against wall of outer tube segment 9’, Figs. 2B and 6D).
Regarding claim 12, Brunnen discloses the articulating flexible endoscope of claim 1, and Brunnen further discloses wherein the inner flexure is formed of a plurality of modular components connected via interlocking features (inner tube segment 9” made of modular segments connected via connecting means 11, Fig. 6A).
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.
Claim(s) 6, 7, 8, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2005/0272978 to Brunnen et al. (hereinafter “Brunnen”) and further in view of U.S. Publication No. 2020/0205908 to Julian et al. (hereinafter “Julian”).
Regarding claim 6, Brunnen discloses the articulating flexible endoscope of claim 5, but Brunnen fails to expressly teach wherein the distal tip portion comprises a structure to receive an imaging device, a position sensor, and an illumination device.
However, Julian teaches of an analogous device wherein the distal tip portion (270, Fig. 27B, [0134]) comprises a structure to receive an imaging device (hollow area to receive camera 286, Fig. 27B), a position sensor (hollow area to receive EM sensor 288, Fig. 27B, [0142]), and an illumination device (hollow are to receive illuminators 285, Fig. 27B, [0134]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brunnen to utilize a distal tip portion, as taught by Julian. It would have been advantageous to make the combination for the purpose of providing imaging and illumination ([0134] of Julian).
Regarding claim 7, Brunnen, in view of Julian, teaches the articulating flexible endoscope of claim 6.
Brunnen, in view of Julian, fails to expressly teach wherein the one or more lumens provide structural support to one or more cables connected to the imaging device, the position sensor or the illumination device.
However, Julian further teaches wherein the one or more lumens provide structural support to one or more cables connected to the imaging device, the position sensor or the illumination device (pathways 254 support cables 250 which are connected to EM sensors 288, Fig. 27A, 27B, [0119]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brunnen, in view of Julian, to utilize a lumen, as taught by Julian. It would have been advantageous to make the combination for the purpose of protecting the cables ([0119] of Julian).
Regarding claim 8, Brunnen, in view of Julian, teaches the articulating flexible endoscope of claim 6.
Brunnen, in view of Julian, fails to expressly teach wherein the distal tip portion has one or more chamfered surfaces.
However, Julian further teaches wherein the distal tip portion has one or more chamfered surfaces (distal tip 270 has chamfered/slanted/smoothed surfaces near working channel 284 and ports 282, Fig. 29A).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brunnen, in view of Julian, to utilize a distal tip portion, as taught by Julian. It would have been advantageous to make the combination for the purpose of supporting the tools (Absrtact of Julian).
Regarding claim 9, Brunnen, in view of Julian, teaches the articulating flexible endoscope of claim 8.
Brunnen, in view of Julian, fails to expressly teach wherein the one or more chamfered surfaces are located substantially at a working channel.
However, Julian further teaches wherein the one or more chamfered surfaces are located substantially at a working channel (distal tip 270 has chamfered/slanted/smoothed surfaces near working channel 284, Fig. 29A).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Brunnen, in view of Julian to utilize a surface, as taught by Julian. It would have been advantageous to make the combination for the purpose of supporting the tools (Abstract of Julian).
Regarding claim 10, Brunnen, in view of Julian, teaches the articulating flexible endoscope of claim 8.
Brunnen, in view of Julian, and Brunnen further teaches wherein the distal tip portion has a feature mating with a complementary feature of the bending section thereby providing a rotational alignment and lateral alignment (distal end portion 18’ connects to bendable portion 8 by a connection means 11, Fig. 2B; connecting means 11 are pivots).
Conclusion
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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