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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 28th, 2025, has been entered.
Response to Amendment
The claims filed on August 29th, 2025, have been entered. Claims 1-13 remain pending in the Application.
Response to Arguments
Applicant’s request to acknowledge the foreign priority to Japanese Patent Application No. 2018-129425, filed July 6th, 2018, and receipt of the certified copy of the priority document has been made.
Applicant's arguments filed August 29th, 2025, have been fully considered but they are not persuasive.
First, Applicant argues that Shelton, IV et al. (Pub. No. 2019/020129) does not disclose “a first actuator that applies an operation reaction force to the operation unit” because the mere provision of a notification in the form of haptic feedback (vibration) does not correspond or suggest providing an operation reaction force as claimed. Examiner respectfully disagrees. The disclosed haptic feedback is a force (vibration) done as a reaction (feedback) to the operation being carried out (positioning and gripping applied by the end effector 7000), and thereby constitutes an operation reaction force as claimed.
Second, Applicant argues that Shelton, IV et al. merely describes an electric motor in [0346] that vibrates the handle 1000 to provide a notification of haptic feedback, and does not disclose a first actuator that applies an operation reaction force. Examiner respectfully disagrees. The electric motor of Shelton, IV et al. is described as “an eccentric element which vibrates the handle 1000 when the end effector 7000 is centered,” where the electric motor is operating as the actuator and provides the haptic feedback when 7000 is moved into the proper position, which is part of the operation.
Third, Applicant argues that Shelton, IV et al. does not disclose “a control unit that…controls a force and a position that are output by the first actuator in an operation of applying the operation reaction force to the operation unit” because the control system 1800 is not specifically described as controlling the electric motor to output vibration, because the vibration is described as being output specifically to the clamping trigger 2610, and because the vibration is unrelated to a reaction force from gripping an object. Examiner respectfully disagrees. Shelton, IV et al. states in [0346] that “in various instances, the feedback comprises haptic feedback and the handle control system 1800 can comprise an electric motor,” which requires 1800 to control the force and position output by the electric motor. When vibration is sent through 1000 by the reaction of the electric motor in 1800, this will apply the force of the electric motor to 2610, as 2610 is shown in FIG. 2 as being directly connected to the body of 1000. Furthermore, the control system 1800 only sends the vibration when 2610 is moved into the proper centered position depicted in FIG. 15, which is distinguished from the articulation shown in FIGs. 16-17 and from the open position shown in FIG. 14, as if 2610 has not been clamped, then the feedback is not sent because 2610 would not be in a state to be withdrawn through a trocar if not both centered and closed. Since the claim language refers to controlling the force output by the first actuator, which is the electric motor providing haptic feedback, the claim does not require any force provided by the gripping action. The only requirement is that the force output by the first actuator is prompted by the gripping action, which is described by Shelton, IV et al. in [0346].
Fourth, Applicant argues that the modification of Shelton, IV et al. in view of Niemeyer (Pub. No. 2005/0027397) does not disclose the medical gripping device is operated in the same hand posture by manipulating a pair of levers with the index finger and the thumb with part of the housing resting on the back of the hand of the operator and with the weight of the medical gripping device being supported on the back of the hand of the operator while the pair of levers are manipulated. Examiner respectfully disagrees. The claim language “the operation unit and the housing are configured such that the weight of the medical gripping device is supported on the back of the hand of the operator while the pair of levers are manipulated by the index finger and the thumb” is a recitation of intended use. The prior art must only disclose an operation unit and housing are capable of being operated in the claimed manner in order to meet this functional limitation. The modification to Shelton, IV et al. was to substitute the pistol grip operation unit for the squeeze levers of Niemeyer, where one squeeze lever would protrude from 1000 in a similar position as 2610 in FIG. 2 while the other squeeze lever would extend outwards from the opposite side of 1000. If 1000 were balanced on the back of an operator’s hand so that 1000 rested in the first web space between the thumb and the index finger, where each lever could be accessed by the thumb and index finger, respectively, then the weight of the modified device would be on the back of the hand.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton, IV et al. (Pub. No. 2019/020129) in view of Niemeyer (Pub. No. 2005/0027397).
Regarding claim 1, Shelton, IV et al. discloses a medical gripping device ([0312] surgical instrument system depicted in FIGs. 1-8) comprising:
an operation unit (2610; FIGs. 3-6; [0326]) that is operated by a first gripping operation of an operator ([0326] an operator pulls 2610 in a first gripping operation);
a first actuator ([0346] an electric motor as part of 1800) that applies an operation reaction force to the operation unit ([0346] the electric motor can apply haptic feedback to the user through vibration of 2610);
a gripping unit (7000; FIG. 1; [0312]) that grips a grip object ([0312] 7000 has jaw assembly 7100 for gripping objects; FIG. 1);
a second actuator (1610; FIGs. 3-6; [0326]) that causes the gripping unit to perform a second gripping operation ([0326] 1610 operates the jaws of 7000, which perform a second, separate gripping operation on a desired object);
a housing (1000 and 2000; FIG. 1; [0312]) that has the gripping unit at a first end (FIG. 1: 7000 is at the distal end of 1000) and the operation unit between the first end and a second end (FIG. 1: 2610 is between the distal and proximal ends of 1000 and 2000), the first actuator and the second actuator being installed in the housing ([0326] 1610 is within 1000 and [0346] the electric motor is part of 1800, which is within 2000); and
a control unit (1800; FIG. 8; [0318]) that controls a force and a position that are output by the second actuator in the second gripping operation of the gripping unit in accordance with the first gripping operation with respect to the operation unit ([0318] 1800 controls the electrical signals which include the force and position applied to 2610 by the operator being sent by 1610 to operate 7000 in the second gripping operation), and controls a force and a position that are output by the first actuator in an operation of applying the operation reaction force to the operation unit in accordance with a reaction from the grip object with respect to the gripping unit ([0318] 1800 controls the electrical signals which include the force and position sent by the electric motor to cause the haptic reaction force applied to 2610)
wherein: the operation unit and the gripping unit are not mechanically connected to each other ([0326] 2610 is not mechanically connected to 7000, as the actuation of 2610 transmits to an electric system controlled by 1800 before going to 7000),
the first actuator and the second actuator are electric actuators ([0326] 1610 is an electric motor and [0346] the haptic feedback actuator is an electric motor), and
the control unit controls the operation unit and the gripping unit, which are not mechanically connected, by transmitting force haptics between the first actuator and the second actuator based on information representing the force and the position output by the first actuator and the force and the position output by the second actuator ([0318] 1800 controls the force and position of both 2610 and 7000 by receiving electrical signals based on the haptic feedback actuator and 1610; [0346]), and applies to the operation unit the operation reaction force corresponding to the reaction force from the grip object when the gripping unit grips the grip object, in response to the operator performing the first gripping operation via the operation unit ([0326] the operator performs the first gripping operation on 2610, which is then transmitted via the electric motor in 1800 to the electric motor 1610, which then causes 7000 to perform the second gripping operation; after 7000 performs the second gripping operation, force haptics are transmitted back to the operator through the electric motor in 1800 and 2610),
the operation unit is configured such that the first gripping operation, by the hand of the operator, corresponds in form to a hand operation for operating tweezers ([0326] an operator squeezes 2610 while also holding 1200, both of which are shown in FIG. 2, in the first gripping operation, which corresponds to the form that an operator could take in operating medical forceps).
Shelton, IV et al. does not disclose the operation unit comprises a pair of levers provided on two sides of the housing to perform the first gripping operation, and the operation unit and the housing are configured such that the pair of levers are operable by an index finger and a thumb of a hand of the operator while part of the housing rests on a back of the hand of the operator between the index finger and the thumb, and the operation unit and the housing are configured such that the weight of the medical gripping device is supported on the back of the hand of the operator while the pair of levers are manipulated by the index finger and the thumb.
Niemeyer teaches in the same field of endeavor of robotic medical gripping devices with haptic feedback (Abstract), and discloses a medical gripping system (FIG. 1) comprising a housing (FIG. 6A: the housing holds all of the arms and other components together), a first actuator ([0062-63] 712, which 699 is mounted on, includes actuators such as electric motors for transmitting the force from squeezing 706 to the end effector to cause an opening/closing of the jaws), and an operation unit (706; [0061]; FIG. 6A) comprising a pair of levers (706) provided on two sides of the housing to perform a first gripping operation (FIG. 6A: 706 are on either side of the housing), and the operation unit and the housing are configured such that the pair of levers are operable by an index finger and a thumb of a hand of the operator to perform a first gripping operation ([0061] an operator grips the outer ends of 706 to cause the first gripping operation, which can be by fingers such as the index finger and thumb) while part of the housing rests on the hand of the operator between the index finger and the thumb (FIG. 6A: the part of the cylindrical housing which 706 sits on is capable of being rested on the hand of the operator while the operation is performed, noting that this is a recitation of intended use and the prior art must only be capable of being positioned in the claimed manner relative to the user’s hand in order to meet the limitation)
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted the operation unit of Shelton, IV et al. (pistol grip) for the operation unit of Niemeyer (squeeze levers) because both gripping units are disclosed as equivalent structures for causing the end effector to move between open and closed positions through the hand of the operator, and substitution of one for the other would have resulted in the predictable result of allowing haptic feedback to be translated back to the hand of the operator when the end effector translates between open and closed positions. As noted in the Response to Arguments above, the substitution would place the levers where one lever takes the place of the pistol grip trigger 2610 and the other lever is on the opposite side of 1000, and by placing the device on the back of the hand of the operator balanced between the thumb and the index finger, the levers can be manipulated by the thumb and the index finger while the weight of the device is rested on the back of the hand of the operator.
Regarding claim 2, Shelton, IV et al. as modified discloses the invention as claimed in claim 1, as discussed above. Shelton et al. does not explicitly disclose a position of a center of gravity of the device in an entirety thereof is set closer than the operation unit to a side of the second end.
However, FIG. 2 of Shelton, IV et al. illustrates that most of the volume of the device, including the entirety of the handle, is proximal to the operation unit 2160, including if a line were drawn down element 1420.
It would have been obvious to one of ordinary skill in the art before the effective filing date to make the center of gravity of the device to be closer to a side of the other end than the operation unit, since most of the volume of the device, and therefore the mass of the device, is proximal to the line drawn down 1420, the center of gravity of the device would be located proximally to 1420, which would place the center of gravity closer to the proximal side than the operation unit 2160. Further, shifting the position of the operation unit to be further from a side of the other end than the center of gravity of the device would not have modified the operation of the device and the particular placement of the operation unit would be an obvious matter of design choice.
Regarding claim 3, Shelton, IV et al. as modified further discloses the gripping unit is disposed at an offset position with respect to a direction of extension in which the housing extends ([0312] 7000 can be articulated about 2300 to be better positioned within the patient, which would place 7000 in an offset position with respect to the rest of 2000).
Regarding claim 4, Shelton, IV et al. as modified discloses the invention as claimed in claim 1, as discussed above. Shelton, IV et al. does not disclose that the second actuator (1610) is installed closer than the first actuator (the electric motor in 1800) to a side of the second end (FIG. 8: 1610 and 1800 end at approximately the same distance from the proximal side of the device).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the second actuator to be installed closer to a side of the proximal end than the first actuator because shifting the position of the second actuator would not have modified the operation of the device, and the particular placement of the second actuator would be an obvious matter of design choice. See MPEP 2144.04 VI. and In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 5, Shelton, IV et al. as modified further discloses, at a location that is closer than the operation unit to a side of the second end, a recess configured to receive the hand of the operator (FIG. 2: a recess in 2600 is proximal to 2610, and is meant to take the hand of an operator).
Regarding claim 6, Shelton, IV et al. as modified further discloses an elastic member ([0332] a torsion spring) that causes an elastic force to be produced, the elastic force causing the operation unit to be restored to an initial position at a time of non-operation ([0332] the torsion spring returns 2610 to its initial position when 2610 is released).
Regarding claim 7, Shelton, IV et al. as modified further discloses the control unit controls, by subtracting the elastic force of the elastic member, the force that is output by the first actuator in the operation of applying the operation reaction force to the operation unit ([0330] 1800 controls the force exerted by sensing how much force is being applied through 7100, which would include accounting for the force being exerted by the torsion spring whenever 2610 is out of position).
Regarding claim 8, Shelton, IV et al. as modified further discloses the control unit adds the force of the first actuator to the elastic force of the elastic member to simulate, at the operation unit, a physical sensation of an elastic member having a spring constant differing from an actual physical spring constant of the elastic member ([0330] the torsion spring force which puts 2610 back into position would be added to the haptic feedback transmitted by the electric motor of 1800 to cause the effect felt by the operator to be greater than if the torsion spring were acting alone, which would feel like an elastic member with a different spring constant).
Regarding claim 9, Shelton, IV et al. as modified further discloses the gripping unit is one of a plurality of different types of gripping units which are selectively mountable to the medical gripping device ([0312] 7000 is replaceable with several different end effectors; FIG. 1), and when the gripping unit has been changed from one type of gripping unit to another type of gripping unit, the control unit performs control based on a parameter that is in accordance with a structure of the gripping unit that has been mounted ([0320] 1800 is operable in different operating modes which correspond to factors such as which end effector has been mounted).
Regarding claim 10, Shelton, IV et al. as modified further discloses the gripping unit is rotatable around a mounting shaft ([0312] 7000 can be rotated around articulation joint 2300 around 2200; FIG. 1).
Regarding claim 11, Shelton, IV et al. as modified by Niemeyer further discloses the pairs of levers of the operation unit have first ends provided in the housing (Niemeyer [0061] 710 go into the housing) and are rotatably connected to a first rotation shaft (Niemeyer 704; FIG. 6A: 704 can rotate around the axis labeled “1”, and 706 rotate about 704) connected to the first actuator (Niemeyer FIG. 6A: 706 rotate when being squeezed by the operator), and second ends that protrude from the housing (Niemeyer FIG. 6A: 710 protrude from 704) and are operable by the index finger and the thumb of the hand of the operator to perform the first gripping operation (Niemeyer [0061] an operator grips the outer ends of 706 to cause the first gripping operation, which is done by fingers which can include the index finger and the thumb), wherein the operation reaction force is applied to the levers and transmitted to the index finger and the thumb of the hand of the operator via the levers (Niemeyer [0061] 699 provides haptic feedback to the operator, who is only gripping at 706, which means 706 have the operation reaction force applied to them and then translate that to the hand of the operator).
Regarding claim 12, Shelton, IV et al. as modified by Niemeyer further discloses the gripping unit includes a pair of gripping members (7110, 7120) that correspond to distal end portions of medical forceps (FIG. 14), wherein distal first ends of the gripping members protrude from the first end of the housing (FIG. 14) and are operable to perform the second gripping operation ([0352] 7110 and 7120 perform the gripping of tissue), wherein second end sides of the gripping members approach and intersect each other (FIG. 14: the proximal ends of 7110 and 7120 intersect each other at 7130), and, at an intersection portion, are rotatably connected to each other by a second rotation shaft (7130; [0352]), wherein the second end sides of the gripping members are connected to the second actuator ([0354] 1610 is used to cause the closing or opening of 7100, where 1610 has a connection to the proximal ends of 7110 and 7120), wherein the distal first ends of the gripping members perform an open-and-closing operation as the second gripping operation according to output of the second actuator in response to the first gripping operation of the levers ([0352] 7110 and 7120 have their distal ends move in reaction to the force transmitted by 1600, which corresponds to the force transmitted by the levers which were added by the substitution of the operation unit of Niemeyer), such that the distal first ends of the gripping members close in the second gripping operation in response to a corresponding operation of the levers in the first gripping operation ([0352] 7100 closes in the tissue gripping operation in response to the squeezing of the levers of Niemeyer’s operation unit in the first gripping operation).
Regarding claim 13, Shelton, IV et al. further discloses the gripping unit includes a pair of gripping members (7110 and 7120; FIGs. 14-15) that correspond to distal end portions of medical forceps (FIGs. 14-15: the distal end portions 7110 and 7120 of 7100).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771