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 Objections
Claims 4-10 and 14-19 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple cannot depend from any other multiple depend claim. See MPEP § 608.01(n). Accordingly, the claims 4-10 and 14-19 have not been further treated on the merits.
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.
Claim(s) 1-3, 11-13 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. 2021/0316115.
In regard to claim 1, Yang discloses (fig. 3) a method of making an articulable tube, the method comprising:
forming a first hinge portion (338b) in a wall of an elongated tubular member, wherein the first hinge portion comprises a hinge extension (338a) having a first arcuate articulating edge (338);
forming a second hinge portion (340c) in the wall of the tubular member, wherein the second hinge portion comprises a hinge recess (340a) having a second arcuate articulating edge (sidewalls of recess 340a) complementary to the first arcuate articulating edge (338), and
compressing the tubular member along a longitudinal axis of the tubular member such
that the hinge recess receives the hinge extension and the first and second arcuate articulating edges engage to couple the first and second hinge portions together in a snap-fit connection (see paragraph 4, lines 9-10).
In regard to claim 2, wherein the first and second articulating edges are profiled toward a centerline of the tubular member (see profiled surfaces 338 and sides of 340 in fig. 3c).
In regard to claim 3, wherein at least one of the hinge extension or the hinge recess is at least partially circular (see figs. 3a-3c).
In regard to claim 11, discloses an elongated tubular member comprising:
a first hinge portion (338b) formed in a wall of the tubular member, wherein the first hinge portion comprises a hinge extension (338a) having a first arcuate articulating edge 338;
a second hinge portion (340c) formed in the wall of the tubular member, wherein the second hinge portion comprises a hinge recess (340a) having a second arcuate articulating edge (340);
wherein the hinge extension is received in the hinge recess such that the first and second
arcuate articulating edges are engaged to thereby couple the first and second hinge portions together in a snap-fit connection (see paragraph 4, lines 9-10).
In regard to claim 12, wherein the first and second articulating edges are profiled toward a centerline of the tubular member (see profiled surfaces 338 and sides of 340 in fig. 3c).
In regard to claim 13, wherein at least one of the hinge extension or the hinge recess is at least partially circular (see figs. 3a-3c).
In regard to claim 20, discloses a method of making an articulable tube assembly, the method comprising:
forming, with a first cut, a hinge extension (338b) in a wall of an elongated tubular member having a longitudinal axis, wherein the hinge extension has a first articulating surface (338) located at a first axial location along the longitudinal axis;
forming, with a second cut, a hinge recess (340a) in the wall of the tubular member, wherein the hinge recess has a second articulating surface (340) located at a second axial location along the longitudinal axis, wherein the second axial location is longitudinally offset from the first axial location;
urging the hinge extension and the hinge recess toward each other such that first and
second articulating surfaces engage to couple the hinge extension and the hinge recess together in a snap-fit connection (see paragraph 4, lines 9-10), thereby forming an articulable tube with at least one hinge (see fig. 2a);
placing the articulable tube coaxially within or around a second tubular member (see paragraph 12 and paragraph 16); and
coupling the articulable tube and the second tubular member together (see paragraph 4, lines 9-10).
Claim(s) 1-3, 11-13 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. 2021/0316115.
In regard to claim 1, Yang discloses (fig. 3) a method of making an articulable tube, the method comprising:
forming a first hinge portion (338b) in a wall of an elongated tubular member, wherein the first hinge portion comprises a hinge extension (338a) having a first arcuate articulating edge (338);
forming a second hinge portion (340c) in the wall of the tubular member, wherein the second hinge portion comprises a hinge recess (340a) having a second arcuate articulating edge (sidewalls of recess 340a) complementary to the first arcuate articulating edge (338), and
compressing the tubular member along a longitudinal axis of the tubular member such
that the hinge recess receives the hinge extension and the first and second arcuate articulating edges engage to couple the first and second hinge portions together in a snap-fit connection (see paragraph 4, lines 9-10).
In regard to claim 2, wherein the first and second articulating edges are profiled toward a centerline of the tubular member (see profiled surfaces 338 and sides of 340 in fig. 3c).
In regard to claim 3, wherein at least one of the hinge extension or the hinge recess is at least partially circular (see figs. 3a-3c).
In regard to claim 11, discloses an elongated tubular member comprising:
a first hinge portion (338b) formed in a wall of the tubular member, wherein the first hinge portion comprises a hinge extension (338a) having a first arcuate articulating edge 338;
a second hinge portion (340c) formed in the wall of the tubular member, wherein the second hinge portion comprises a hinge recess (340a) having a second arcuate articulating edge (340);
wherein the hinge extension is received in the hinge recess such that the first and second
arcuate articulating edges are engaged to thereby couple the first and second hinge portions together in a snap-fit connection (see paragraph 4, lines 9-10).
In regard to claim 12, wherein the first and second articulating edges are profiled toward a centerline of the tubular member (see profiled surfaces 338 and sides of 340 in fig. 3c).
In regard to claim 13, wherein at least one of the hinge extension or the hinge recess is at least partially circular (see figs. 3a-3c).
In regard to claim 20, discloses a method of making an articulable tube assembly, the method comprising:
forming, with a first cut, a hinge extension (338b) in a wall of an elongated tubular member having a longitudinal axis, wherein the hinge extension has a first articulating surface (338) located at a first axial location along the longitudinal axis;
forming, with a second cut, a hinge recess (340a) in the wall of the tubular member, wherein the hinge recess has a second articulating surface (340) located at a second axial location along the longitudinal axis, wherein the second axial location is longitudinally offset from the first axial location;
urging the hinge extension and the hinge recess toward each other such that first and
second articulating surfaces engage to couple the hinge extension and the hinge recess together in a snap-fit connection (see paragraph 4, lines 9-10), thereby forming an articulable tube with at least one hinge (see fig. 2a);
placing the articulable tube coaxially within or around a second tubular member (see paragraph 12 and paragraph 16); and
coupling the articulable tube and the second tubular member together (see paragraph 4, lines 9-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Konstorum Fenech, Shally and Lander disclose similar articulable tubes with snap-fit connections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679