DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments filed 06/26/2026 have been fully considered but are not persuasive or are moot in view of a new grounds of rejection.
Applicant argues, “Larkin does not disclose linear movement of a drive output mechanism relative to the engagement face”.
Examiner respectfully disagrees. A first embodiment of Larkin discloses
wherein an instrument manipulator (Fig. 24B: 2420), in a state without an instrument mounted at the instrument manipulator (fig. 24B: no instrument mounted to instrument manipulator 2420), comprises:
an exterior engagement face (Fig. 24B: top surface of 2420 where disks 2422 sit on top of would be interpreted as an exterior (i.e. outside) facing surface) accessible (fig. 24B) and configured to removably engage (fig. 24A-fig. 24B) with an instrument ([0268]: instrument manipulator 2420 removably mates with instrument 2402; fig. 24A-24B; fig. 25A: once the instrument is mounted, the instrument may removably engage with the instrument manipulator);
a drive output mechanism (actuator disks 2422) connected to (fig. 24A and fig. 24B: when 2402 and 2420 combine, the actuator disks 2422 will be connected to the top surface of 2420; fig. 25A; [0268-0269]) and protruding (fig. 24B) from the engagement face (fig. 24B) and
movable relative to the engagement face ([0268-0269]: each disk 2422 is turned by an associated rotating servomotor actuator 2426)
the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state ([0268]: driven input mechanism are interface disks 2410, which removably engage with part of the drive output mechanism i.e. the actuator disks 2422) of the instrument (fig. 24A: interface disks 2410 are part of instrument 2402) at the manipulating system (fig. 25A; [0268-0269]) so as to transfer motion to the driven input mechanism via movement of the drive output mechanism relative to the engagement face
([0267-0269]: the mating between interface disks 2410 and the actuation disks 2422 imparts motion which controls a degree of freedom of the instrument and would do so relative to the engagement face);
an actuator (Fig. 25A: combination of actuator 2510 and actuator assembly 2504; [0268-0269]: actuator also includes servomotor actuator 2426 which cause rotation of disks 2422); and
a linkage mechanism ([0269]: mount that connects actuator assembly 2504 to the actuator 2510) operably coupling the actuator to the drive output mechanism ([0268-0269]: connecting actuator 2510 to actuator assembly 2504 allows the drive output mechanism i.e. the actuator disks 2510 to be coupled),
wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism [0267-0269] so as to move the drive output mechanism relative to the engagement face ([0268]: actuator disks 2422 move; fig. 24A-24B: actuator disks 2422 move relative to the engagement face i.e. relative to the top surface of 2420 where the actuator disks 2422 sit on; [0267, 0269]).
Larkin fails to disclose
a drive output mechanism connected to and protruding from the engagement face and movable linearly relative to the engagement face,
the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state of the instrument at the manipulating system so as to transfer motion to the driven input mechanism via linear movement of the drive output mechanism relative to the engagement face;
wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism so as to move the drive output mechanism linearly relative to the engagement face.
Another embodiment of Larkin teaches an instrument (fig. 23: 2306a; [0262]) comprising of transmission mechanism (2306a), wherein the transmission mechanism is mechanically and removably coupled to an actuator mechanism (2312; [0262]) and may include various mechanical components [0262], including one to impart linear motion ([0262]: cables would impart linear motion) to transfer mechanical force from an interface to a controlled element [0262].
Larkin further teaches that each actuator assembly may include an actuator component [0264], such as one to drive linear motion ([0264]: motor-driven cable and linear motor would drive linear motion).
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the instrument manipulating system taught by the first embodiment of Larkin, to provide a drive output mechanism connected to and protruding from the engagement face and movable linearly relative to the engagement face, the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state of the instrument at the manipulating system so as to transfer motion to the driven input mechanism via linear movement of the drive output mechanism relative to the engagement face; wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism so as to move the drive output mechanism linearly relative to the engagement face, taught by the second embodiment of Larkin, because the drive output mechanism may include various mechanical components, including one to impart linear motion.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 2-24 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Larkin et al. (US 2008/0065105) in view of another embodiment of Larkin.
In re claim 2, Larkin discloses an instrument manipulating system (Fig. 25A: assembly 2516) comprising:
a manipulator arm (2514);
an instrument manipulator (Fig. 24B: 2420) at a distal end (fig. 25A: right side of arm 2514) of the manipulator arm (fig. 25A),
wherein the instrument manipulator is removably engageable with an instrument ([0268]: instrument manipulator 2420 removably mates with instrument 2402; fig. 24A-24B) so as to removably mount the instrument at the instrument manipulating system (fig. 25A: instrument 2502a is removably mounted at the instrument manipulator system 2516 by mounting with the instrument manipulator; [0069])
wherein the instrument manipulator, in a state without an instrument mounted at the instrument manipulator (fig. 24B: no instrument mounted to instrument manipulator 2420), comprises:
an exterior engagement face (Fig. 24B: top surface of 2420 where disks 2422 sit on top of would be interpreted as an exterior (i.e. outside) facing surface) accessible (fig. 24B) and configured to removably engage (fig. 24A-fig. 24B) with the instrument (fig. 25A: once the instrument is mounted, the instrument may removably engage with the instrument manipulator);
a drive output mechanism (actuator disks 2422) connected to (fig. 24A and fig. 24B: when 2402 and 2420 combine, the actuator disks 2422 will be connected to the top surface of 2420; fig. 25A; [0268-0269]) and protruding (fig. 24B) from the engagement face (fig. 24B) and
movable relative to the engagement face ([0268-0269]: each disk 2422 is turned by an associated rotating servomotor actuator 2426)
the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state ([0268]: driven input mechanism are interface disks 2410, which removably engage with part of the drive output mechanism i.e. the actuator disks 2422) of the instrument (fig. 24A: interface disks 2410 are part of instrument 2402) at the manipulating system (fig. 25A; [0268-0269]) so as to transfer motion to the driven input mechanism via movement of the drive output mechanism relative to the engagement face
([0267-0269]: the mating between interface disks 2410 and the actuation disks 2422 imparts motion which controls a degree of freedom of the instrument and would do so relative to the engagement face);
an actuator (Fig. 25A: combination of actuator 2510 and actuator assembly 2504; [0268-0269]: actuator also includes servomotor actuator 2426 which cause rotation of disks 2422); and
a linkage mechanism ([0269]: mount that connects actuator assembly 2504 to the actuator 2510) operably coupling the actuator to the drive output mechanism ([0268-0269]: connecting actuator 2510 to actuator assembly 2504 allows the drive output mechanism i.e. the actuator disks 2510 to be coupled),
wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism [0267-0269] so as to move the drive output mechanism relative to the engagement face ([0268]: actuator disks 2422 move; fig. 24A-24B: actuator disks 2422 move relative to the engagement face i.e. relative to the top surface of 2420 where the actuator disks 2422 sit on; [0267, 0269]).
Larkin fails to disclose
a drive output mechanism connected to and protruding from the engagement face and movable linearly relative to the engagement face,
the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state of the instrument at the manipulating system so as to transfer motion to the driven input mechanism via linear movement of the drive output mechanism relative to the engagement face;
wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism so as to move the drive output mechanism linearly relative to the engagement face.
Another embodiment of Larkin teaches an instrument (fig. 23: 2306a; [0262]) comprising of transmission mechanism (2306a), wherein the transmission mechanism is mechanically and removably coupled to an actuator mechanism (2312; [0262]) and may include various mechanical components [0262], including one to impart linear motion ([0262]: cables would impart linear motion) to transfer mechanical force from an interface to a controlled element [0262].
Larkin further teaches that each actuator assembly may include an actuator component [0264], such as one to drive linear motion ([0264]: motor-driven cable and linear motor would drive linear motion).
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the instrument manipulating system taught by the first embodiment of Larkin, to provide a drive output mechanism connected to and protruding from the engagement face and movable linearly relative to the engagement face, the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state of the instrument at the manipulating system so as to transfer motion to the driven input mechanism via linear movement of the drive output mechanism relative to the engagement face; wherein the linkage mechanism is configured to transfer motion generated by the actuator to the drive output mechanism so as to move the drive output mechanism linearly relative to the engagement face, as taught by the second embodiment of Larkin, because the drive output mechanism may include various mechanical components, including one to impart linear motion.
In re claim 3, Larkin teaches wherein: the linkage mechanism comprises a linkage member (2504; [0269]), a threaded member ([0269]: servocontrolled lead screw), and a sliding member ([0269]: nut is a sliding member) operably coupling the linkage member to the threaded member ([0269]: the nut operably couples the linkage member to the threaded member since the nut sliding along the lead screw would convert the rotational motion of actuator assembly 2504 to linear motion of linear actuator 2510), rotation of the threaded member imparting motion to the linkage member [0268, 0269].
In re claim 4, Larkin teaches wherein: the actuator is operably coupled to the threaded member to drive rotary motion of the threaded member [0268-0269], the rotary motion of the threaded member driving the linear motion of the drive output mechanism ([0268-0269]: rotary motion of the threaded lead screw controls the linear motion of the body tube 2506 and the actuator disks 2422 are turned by an associated rotating servomotor actuator 2426; [0264]: each actuator may have a linear motor to independently move the instrument and guide tube).
In re claim 5, Larkin teaches wherein: the actuator is configured to generate rotary motion (Fig. 24B and Fig. 25A: servomotor actuator 2426 is part of actuator assembly 2504; [0268]: servomotor actuator 2426 rotates), and the linkage mechanism is configured to convert the rotary motion of the actuator to the linear motion of the drive output mechanism [0269].
In re claim 6, Larkin teaches wherein the manipulator arm comprises a plurality of links [0250] coupled together by one or more joints [0250], wherein the instrument manipulator is coupled to a distal end (fig. 25A: bottom portion of 2504) of a distal link (fig. 25A: combination of 2504 and 2510) of the plurality of links of the manipulator arm (Fig. 25B).
In re claim 7, Larkin teaches further comprising: the instrument mounted to the instrument manipulator (Fig. 25A).
In re claim 8, Larkin teaches wherein the instrument comprises
an elongate shaft (body tube 2406),
an end effector coupled to the elongate shaft ([0267]: distal end of body tube 2406 can include an end effector), and
a movable element ([0267]: cables that run through body tube 0267 move to control the distal end of the instrument)
extending through the elongate shaft [0267] and
operably coupled to the driven input mechanism ([0267]: cables are coupled to disks 2410 and transmit roll torques on the disks to body tube 2406) and to the end effector ([0267]: cables are controlled to the distal end of the instrument which can consist of an end effector) such that motion of the driven input mechanism drives motion of the end effector ([0267]: cables transmit roll torques on disks 2410 which are associated with a degree of freedom such as an end effector grip).
In re claim 9, Larkin teaches wherein: the instrument manipulator comprises:
a second drive output mechanism ([0274]: some of the disks 2422 can be replaced with other mechanical components such as levers; [0291]: various combinations for the instrument and instrument components can be made)
protruding from the engagement face (Fig. 24B: levers can protrude out instead of disks 2422) and
configured to removably engage ([0267-0268]: second driven input mechanism would be the corresponding input 2410 associated with the levers and would be removably engageable; fig. 24A-24B) with a corresponding second driven input mechanism of the instrument in the mounted state of the instrument (fig. 24A: levers 2410 would be part of instrument 2402) at the instrument manipulator (fig. 25A; [0267]) such that motion of the second drive output mechanism imparts motion to the second driven input mechanism ([0267, 0274]: a second driven input mechanism would be the corresponding input 2410 associated with the levers of the second drive output mechanism and would impart motion);
a second actuator (Fig. 25A: combination of linear actuator 2510 and actuator assembly 2504 corresponding with the second drive output mechanism; [0269]); and
a second linkage mechanism operably coupling the second actuator to the second output mechanism and configured to transfer motion generated by the second actuator to the second drive output mechanism ([0267-0269]: similar to the linkage mechanism in claim 2 above but would correspond to the second actuator and second drive output mechanism relating to levers instead of disks).
In re claim 10, Larkin teaches wherein: the drive output mechanism is drivable independently of the second drive output mechanism ([0267-0268]: each of the disk 2422 is turned by an associated rotating servomotor actuator 2426, so if some of the disks 2422 were levers to be part of the second drive output mechanism, then each of the levers would correspond to its own actuator 2426 and each of the disks 2422 corresponding to the first drive output mechanism will be driven by its own actuator 2426).
In re claim 11, regarding the limitations “a teleoperable surgical system comprising…”, Larkin discloses a teleoperable surgical system [0044].
Regarding the limitations “…a manipulator arm comprising a plurality of links at a distal end coupled together by one or more joints; and an instrument manipulator coupled to one of the plurality of links of the manipulator arm ”, see claim 6 above.
Regarding the limitations,
“…an instrument manipulator…configured to removably mount an instrument to the instrument manipulator
the instrument manipulator, in a state without an instrument mounted at the instrument manipulator, comprising:
wherein the engagement face is configured to removably engage with an instrument so as to mount the instrument at the instrument manipulator,
a drive output mechanism
connected to and protruding from the engagement face and
movable linearly relative to the engagement face,
the drive output mechanism configured to removably engage with a corresponding driven input mechanism of the instrument in a mounted state,
an actuator, and
a linkage mechanism …operably coupling the actuator to the drive output mechanism,
wherein the linkage mechanism is configured to transfer motion generated by the actuator to move the drive output mechanism linearly relative to the engagement face”,
see claim 2 above.
Regarding the limitations,
“the instrument manipulator, in a state without an instrument mounted at the instrument manipulator, comprising:
a housing;
an exterior engagement face coupled to the housing,
wherein the engagement face is accessible and configured to removably engage with an instrument so as to mount the instrument at the instrument manipulator,
the instrument manipulator comprising: … a linkage mechanism
in the housing and
operably coupling the actuator to the drive output mechanism,”
Larkin teaches
the instrument manipulator comprising:
a housing (fig. 2B: combinations of surfaces 2428 and 2432; [0268]);
an exterior engagement face (see in re claim 2 above) coupled to the housing (fig. 24B),
wherein the engagement face is accessible and configured to removably engage with an instrument so as to mount the instrument at the instrument manipulator (see in re claim 2 above),
the instrument manipulator comprising: a linkage mechanism in the housing (fig. 25A: when the instrument manipulator is mounted, it comprises the linkage mechanism in the housing since the housing includes the mount that connects actuator assembly to the linear actuator; [0269]).
In re claim 12, regarding the limitations “wherein: in the mounted state of the instrument at the instrument manipulator, the linear motion of the drive output mechanism imparts motion to the driven input mechanism of the instrument”, see claim 2 above.
In re claim 13, Larkin teaches further comprising: the instrument removably mounted to the engagement face of the instrument manipulator (Fig. 25A; [0269]).
In re claim 14, Larkin teaches wherein: the instrument comprises an end effector ([0052]: each instrument has an end effector) operably coupled to the driven input mechanism such that motion of the driven input mechanism imparts motion to the end effector ([0267]: disk 2410 may be associated with the end effector’s grip).
In re claim 15, regarding the limitations “wherein: the instrument further comprises:
an elongate shaft coupled to the end effector; and
a movable element
extending through the elongate shaft and
operably coupled to the driven input mechanism and to the end effector to transfer motion from the driven input mechanism to the end effector”,
see claim 8 above.
In re claim 16, regarding the limitations “wherein: the linkage mechanism comprises a linkage member, a threaded member, and a sliding member operably coupling the linkage member to the threaded member, rotation of the threaded member imparting motion to the linkage member”, see claim 3 above.
In re claim 17, regarding the limitations “wherein: the actuator is operably coupled to the threaded member to drive rotary motion of the threaded member, the rotary motion of the threaded member driving the linear motion of the drive output mechanism”, see claim 4 above.
In re claim 18, regarding the limitations “wherein: the actuator is configured to generate rotary motion, and the linkage mechanism is configured to convert the rotary motion of the actuator to the linear motion of the drive output mechanism”, see claim 5 above.
In re claim 19, regarding the limitations “wherein: the instrument manipulator comprises:
a second drive output mechanism
protruding from the engagement face and
configured to removably engage with a corresponding second driven input mechanism of the instrument in the mounted state of the instrument at the instrument manipulator such that motion of the second drive output mechanism imparts motion to the second driven input mechanism;
a second actuator; and
a second linkage mechanism
operably coupling the second actuator to the second output mechanism and
configured to transfer motion generated by the second actuator to the second drive output mechanism”,
see claim 9 above.
In re claim 20, regarding the limitations “wherein: the drive output mechanism is drivable independently of the second drive output mechanism”, see claim 10 above.
In re claim 21, Larkin teaches further comprising an insertion drive mechanism ([0270-0271]: drive mechanism that moves manipulator arm 2514; fig. 25B)
operably coupled to the instrument manipulator (fig. 25B) and
configured to impart translational movement to the instrument manipulator ([0271]: manipulator arm can move; [0285]: instruments may be linearly extended; [0291]) and
thereby drive insertion of the instrument in the mounted state of the instrument to the instrument manipulator ([0271]: linear movement of the manipulator arm would drive insertion of the instrument in the mounted stated to the instrument manipulator).
In re claim 22, Larkin teaches wherein the engagement face of the instrument manipulator is an external face (fig. 24B: top of 2420 is an external face i.e. exposed to the exterior) coupled to a housing (fig. 24A: exterior portion of 2402 comprising 2410, 2404, and mount that connects actuator assembly to the linear actuator; [0269]) enclosing the actuator (fig. 24A) and linkage mechanism (fig. 24A; fig. 25A).
In re claim 23, regarding the limitations, “further comprising an insertion drive mechanism
operably coupled to the instrument manipulator and
configured to impart translational movement to the instrument manipulator and
thereby drive insertion of the instrument in the mounted state of the instrument to the instrument manipulator”,
see in re claim 21 above.
In re claim 24, regarding the limitations, “wherein the engagement face of the instrument manipulator is an external face coupled to the housing enclosing the actuator and linkage mechanism”, see in re claim 22 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached on (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796