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 .
Specification
The disclosure is objected to because of the following informalities:
-The specification states the term “olive shape” eight times. Examiner is interpreting this limitation as “oval shape” and believes the term is a typo.
Appropriate correction is required.
Status of Claims
In the present application, claims 1-20 are currently pending. Claims 1-4 and 8-11 are amended. Claims 12-20 are newly added.
Information Disclosure Statement
The information disclosure statement filed 04/15/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, Cited Document No. 1, which has a Foreign Document Number as: WO2015125334 was not received. However Cited Documents No. 2-3 were received.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1 includes a typo in the limitation “olive shape” in line 16. Examiner is interpreting the limitation as “oval shape.”
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 1-20 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 1 recites the term “gap sets” in line 5. However line 2 previously introduces the term “gap sets.” Therefore it is unclear whether the limitation in line 5 is introducing a new and distinct ‘gap sets’ or merely referencing the previously introduced ‘gap sets’ of line 2. It is suggested to amend line 5 to state, “each group of the plurality of groups within the gap sets.” Appropriate correction is required.
Claim 1 recites the limitation "the length" in line 8. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 1 recites the limitation "the circumference" twice in lines 9 and 11. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 1 recites the limitation "the length" in 8. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 1 recites the limitation “each gap” in line 10. However it is unclear which gap the limitation is referencing because line 10 introduces the second gap portion having two gaps, line 8 introduces the firs gap portion having two gaps, and line 2 introduces gap sets. Appropriate correction is required.
Claim 1 recites the limitation "the circumferential direction" in line 12. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 2 recites the limitation "the positions" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 2 recites the limitation "the each gap" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 3 recites the limitation "the each gap" twice in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 4 recites the limitation "the each gap" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 5 recites the limitation "the destressing incision" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 5 recites the limitation "the arc" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 6 recites the limitation "the center" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 6 recites the limitation "the corresponding circumferential direction" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 7 recites the limitation "the center" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 8 recites the limitation "the circumferential direction" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 8 recites the limitation “a pre-set length” in line 4. However claim 1 line 14, which claim 8 directly depends from also introduces the term “a pre-set length.” Therefore it is unclear whether the limitation in claim 8 is introducing a new and distinct “pre-set length,” or merely referencing the limitation of claim 1. Appropriate correction is required.
Claim 8 recites the limitation "the circumference" in line 6. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 9 recites the limitation "the each gap" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 10 recites the limitation "the axial spacing" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 11-20 all recite the limitation “An endoscope” in line 1. However claims 11-20 either directly or indirect depend from claim 1, which previously introduced ‘an endoscope’ in line 1. Therefore it is unclear whether claim 11-20 are introducing a new and distinct endoscope, similar to a duodenoscope, or merely referencing the same endoscope of claim 1. 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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kiwamu Fujitani (US2016/0287054) hereinafter Fujitani.
Regarding Claim 1, Fujitani discloses a controllable bending mechanism (Fig. 1 insertion portion 11) of an endoscope (abstract), comprising a hollow tube (Fig. 1 insertion portion 11), wherein a plurality of groups of gap sets (Fig. 2 bending portion 22, 23, 24) are disposed on the hollow tube (Fig. 1 insertion portion 11); the plurality of groups of gap sets (Fig. 2 bending portion 22, 23, 24) extend in sequence along an axial direction of the hollow tube (Fig. 1 insertion portion 11);
each group of gap sets (Fig. 2 bending portion 22, 23, 24) comprises a first gap portion (Fig. 2 bending portion 22) and a second gap portion (Fig. 2 bending portion 23),
wherein the first gap portion (Fig. 2 bending portion 22) is distributed in a first circumferential direction of the hollow tube (Fig. 1 insertion portion 11);
the second gap portion (Fig. 2 bending portion 23) is distributed in a second circumferential direction of the hollow tube (Fig. 1 insertion portion 11);
the first gap portion (Fig. 2 bending portion 22) comprises two gaps (Fig. 2 first notches 41U and 41d); the length of each gap is equivalent to 1/2 of that of the circumference (see Fig. 2);
the second gap portion (Fig. 2 bending portion 23) comprises two gaps (Fig. 2 second notches 42U and 42d); the length of each gap is equivalent to 1/2 of that of the circumference (see Fig. 2);
along the circumferential direction of the hollow tube (Fig. 1 insertion portion 11), the two gaps of the first gap portion (Fig. 2 first notches 41U and 41d) and the two gaps of the second gap portion (Fig. 2 second notches 42U and 42d) respectively have a relative position difference of a pre-set length (see length in Fig. 2); and each of the [[gap]] two gaps of the first gap portion (Fig. 2 first notches 41U and 41d) and the two gaps of the second gap portion (Fig. 2 second notches 42U and 42d) has an olive shape (Fig. 2) along [[the]] a length of the each gap.
Regarding Claim 2, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1, wherein each of the [[gap]] two gaps of the first gap portion (Fig. 2 first notches 41U and 41d) and the two gaps of the second gap portion (Fig. 2 second notches 42U and 42d) is bent around an axial center of the axial direction by a preset arc length (see Fig. 6); and the positions where both sides of the each gap are contacted are two parallel lines after being contacted (Fig. 2-3 illustrates 41u/d and 42u/d are parallel).
Regarding Claim 3, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 2, wherein the preset arc length (see Fig. 6) is equal to a width (Fig. 6 l2) of the each gap at a 1/2 length position of the each gap (Fig. 2 second notches 42U and 42d).
Regarding Claim 4, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1, wherein both ends of the each gap are respectively provided with destressing incisions ([0008]) (Fig. 2 first notches 41U and 41d) (Fig. 2 second notches 42U and 42d).
Regarding Claim 5, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1, wherein the destressing incision is a scalloped incision, the arc of the scalloped incision facing outwards ([0008]) (Fig. 2 first notches 41U and 41d) (Fig. 2 second notches 42U and 42d).([0051]).
Regarding Claim 6, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 5, wherein the center of the scalloped incision is located in the corresponding circumferential direction ([0008]) (Fig. 2 first notches 41U and 41d) (Fig. 2 second notches 42U and 42d).([0051])..
Regarding Claim 7, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 6, wherein a portion of the scalloped incision facing towards the center of the scalloped incision is not cut ([0008]) (Fig. 2 first notches 41U and 41d) (Fig. 2 second notches 42U and 42d).([0051]).
Regarding Claim 8, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1, wherein along the circumferential direction of the hollow tube, the two gaps of the first gap portion (Fig. 2 first notches 41U and 41d) and the two gaps of the second gap portion (Fig. 2 second notches 42U and 42d) respectively have a relative position difference of a pre-set length (Fig. 2); specifically, wherein the two gaps of the first gap portion (Fig. 2 first notches 41U and 41d) and the two gaps of the second gap portion (Fig. 2 second notches 42U and 42d) respectively have a relative position difference of 1/4 of the circumference (Fig. 2, [0051-0052]).
Regarding Claim 9, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1,wherein the each gap has a gap width greater than a predetermined gap width value (Fig. 2, [0051-0052]).
Regarding Claim 10, Fujitani discloses the controllable bending mechanism of the endoscope according to claim 1,wherein the axial spacing between the first gap portion (Fig. 2 bending portion 22) and the second gap portion (Fig. 2 bending portion 23) is less than a preset axial spacing value (Fig. 2).
Regarding Claim 11, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 10 (see claim 10 above).
Regarding Claim 12, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 9 (see claim 9 above).
Regarding Claim 13, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 8 (see claim 8 above).
Regarding Claim 14, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 7 (see claim 7 above).
Regarding Claim 15, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 6 (see claim 6 above).
Regarding Claim 16, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 5 (see claim 5 above).
Regarding Claim 17, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 4 (see claim 4 above).
Regarding Claim 18, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 3 (see claim 3 above).
Regarding Claim 19, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 2 (see claim 2 above).
Regarding Claim 20, Fujitani discloses an endoscope (abstract), comprising the controllable bending mechanism of the endoscope according to claim 1 (see claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Anh Minh Do (US2021/0393111); and
Thissen et al. (US2021/0378648).
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
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