DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Notice of Amendment
The Amendment filed 3/19/2026 has been entered. Claims 21-30 are pending in the application with claims 21 and 27 amended, claims 1-20 cancelled and new claim 31.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 21-31 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Tierney et al. (US Patent No. 6,331,181, hereinafter Tierney).
In regard to claim 21, Tierney discloses a surgical assembly (10, Fig. 1) comprising:
an actuator system (50) including a plurality of wedge-shaped actuator assemblies (58, each assembly comprising a holder (128) having a wedge-shape, Figs. 7A-7E show the wedge-shape of the holder) arranged radially around a longitudinal axis (Fig. 2 shows a plurality of actuator assemblies), wherein the plurality of wedge-shaped actuator assemblies are commonly supported by a single arm (80); and
a first instrument assembly (54, Fig. 4) including a first elongate instrument shaft (102) and a first wedge-shaped transmission mechanism (108, Fig. 6 illustrates the wedge-shape) coupled at a proximal end of the first elongate instrument shaft (102, Fig. 4), wherein a first wedge-shaped face of the first wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped face of a first wedge-shaped actuator assembly of the plurality of wedge-shaped actuator assemblies (Figs. 6, 7A-7E illustrate the holder (128) has a wedge-shaped face to substantially match the wedge-shaped face of the transmission mechanism for detachable connection between the holder and the transmission mechanism),
wherein the first wedge-shaped actuator assembly is movable linearly, relative to the other of the plurality of wedge-shaped actuator assemblies, along a path parallel to the longitudinal axis to linearly translate the first instrument assembly (Fig. 3 illustrates each actuator assembly is movable linearly relative to each other via slider joints (82)).
In regard to claim 22, Tierney teaches wherein the first wedge-shaped actuator assembly includes an outer wall and a pair of side walls extending from opposite ends of the outer wall, the pair of side walls tapering toward each other (Figs. 7A-7E).
In regard to claim 23, Tierney teaches wherein the first wedge-shaped actuator assembly includes a motor (Col. 7, Lines 63-64).
In regard to claim 24, Tierney teaches further comprising:
a linear actuator for moving the first wedge-shaped actuator assembly, the linear actuator including an elongated rail member extending parallel to the longitudinal axis (Figs. 2,2A).
In regard to claim 25, Tierney teaches wherein the first wedge-shaped transmission mechanism includes a plurality of transmission disks (118) detachably connectable to a plurality of actuator disks on the first wedge-shaped actuator assembly (Col. 9, Lines 16-30, Fig. 14C illustrates the detachable connection between the transmission disks and the actuator disks).
In regard to claim 26, Tierney teaches wherein the first elongate instrument shaft is configured for roll motion about an instrument shaft axis (Fig. 2A, Col. 7, Lines 41-54).
In regard to claim 27, Tierney teaches further comprising:
an instrument system (54, 54) including the first instrument assembly (54) a second instrument assembly (54) including a second elongate instrument shaft (102) and a second wedge-shaped transmission mechanism (108, Fig. 4) coupled at a proximal end of the second elongate instrument shaft (Fig. 4), wherein a first wedge-shaped face of the second wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped face of a second wedge-shaped actuator assembly (58) of the plurality of wedge-shaped actuator assemblies (Figs. 6, 7A-7E illustrate the each holder (128) has a wedge-shaped face to substantially match the wedge-shaped face of the corresponding transmission mechanism for detachable connection between the holder and the transmission mechanism).
In regard to claim 28, Tierney teaches wherein the first and second elongate instrument shafts extend parallel to each other (each instrument shaft is capable of being arranged parallel to each other).
In regard to claim 29, Tierney teaches further comprising a guide tube (via trocar sleeve) wherein the first and second elongate instrument shafts extend in a parallel configuration through the guide tube and are translatable relative to the guide tube (Col. 1, Lines 49-52).
In regard to claim 30, Tierney teaches wherein the first instrument assembly includes an imaging device (Col. 6, Lines 20-37).
In regard to claim 31, Tierney teaches wherein the first wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped actuator assembly at a first attachment plane, wherein the first attachment plane is perpendicular to the first elongate instrument shaft when the first wedge-shaped transmission mechanism is connected to the first wedge-shape actuator assembly (Figs. 6, 7A illustrate the holder and transmission mechanism are detachably connected via a plane perpendicular to the instrument shaft, the plane extends vertically along the instrument shaft and also horizontally perpendicular to the elongate shaft).
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 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.
Claims 21-31 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tierney et al. (US Patent No. 6,331,181, hereinafter Tierney) in view of Brock et al. (US Patent Application Publication No. 2002/0087166, hereinafter Brock).
In regard to claim 21, Tierney discloses a surgical assembly (10, Fig. 1) comprising:
an actuator system (50) including a plurality of actuator assemblies (58) arranged radially around a longitudinal axis (Fig. 2 illustrates the plurality of actuator assemblies), wherein the plurality of actuator assemblies are commonly supported by a single arm (80, Figs. 2,3); and
a first instrument assembly (54) including a first elongate instrument shaft and a first transmission mechanism (108, Fig. 2A) coupled at a proximal end of the first elongate instrument shaft (102, Fig. 4), wherein the first transmission mechanism detachably connectable to a first actuator assembly of the plurality of actuator assemblies (Fig. 14C illustrates detachable connection of the first instrument assembly to the actuator assembly),
wherein the first actuator assembly is movable linearly, relative to the other of the plurality of actuator assemblies, along a path parallel to the longitudinal axis to linearly translate the first instrument assembly (Fig. 3 illustrates each actuator assembly is movable linearly relative to each other via slider joints (82)).
Tierney teaches a housing (108) of the first instrument assembly removably mounted to the actuator assembly via holder (128), however Tierney is not being relied upon to teach the plurality of actuator assemblies being wedge-shaped actuator assemblies, the first transmission mechanism being a first wedge-shaped transmission mechanism; wherein a first wedge-shaped face of the first wedge-shaped transmission mechanism detachably connectable to a first wedge-shaped face of a first wedge-shaped actuator assembly of the plurality of wedge-shaped actuator assemblies.
Brock teaches an analogous flexible instrument system (500) in which the flexible instrument (510) comprises an elongate shaft (528) and a mechanically drivable housing (526, i.e. wedge-shaped transmission mechanism) having a wedge-shaped face detachably connectable to a wedge-shaped face of a receiver (506, wedge-shaped receiver). The receiver (506) transmits force to the drivable housing (526) via rotatable blades (606) that engage corresponding slots (606) of the drivable housing (526).
It would’ve been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the first transmission mechanism (108) and holder (128) of Tierney with wedge-shaped faces as taught by Brock as a matter of design choice to engaging a manipulator system with a detachable flexible instrument for transmitting force from the manipulator to the flexible instrument. There being no unexpected results in modifying the first transmission mechanism and holder of Tierney to have wedge-shaped faces as taught by Brock.
In regard to claim 22, Brock teaches wherein the first wedge-shaped actuator assembly includes an outer wall and a pair of side walls extending from opposite ends of the outer wall, the pair of side walls tapering toward each other (Figs. 42, 44, 46, 47 show the side walls tapering towards each other).
In regard to claim 23, Tierney teaches wherein the first wedge-shaped actuator assembly includes a motor (Col. 7, Lines 63-64).
In regard to claim 24, Tierney teaches further comprising:
a linear actuator for moving the first wedge-shaped actuator assembly, the linear actuator including an elongated rail member extending parallel to the longitudinal axis (Figs. 2,2A).
In regard to claim 25, Tierney teaches wherein the first wedge-shaped transmission mechanism includes a plurality of transmission disks (118) detachably connectable to a plurality of actuator disks on the first wedge-shaped actuator assembly (Col. 9, Lines 16-30, Fig. 14C illustrates the detachable connection between the transmission disks and the actuator disks).
In regard to claim 26, Tierney teaches wherein the first elongate instrument shaft is configured for roll motion about an instrument shaft axis (Fig. 2A, Col. 7, Lines 41-54).
In regard to claim 27, Tierney and Brock teaches further comprising:
an instrument system (54, 54) including the first instrument assembly (54) a second instrument assembly (54) including a second elongate instrument shaft (102) and a second wedge-shaped transmission mechanism (108, Brock teaches a face of the transmission mechanism being wedge shaped) coupled at a proximal end of the second elongate instrument shaft (Fig. 2a), wherein a first wedge-shaped face of the second wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped face of a second wedge-shaped actuator assembly (58, Brock teaches a face of the actuator assembly can have a wedge-shape) of the plurality of wedge-shaped actuator assemblies (Fig. 2A).
In regard to claim 28, Tierney teaches wherein the first and second elongate instrument shafts extend parallel to each other (each instrument shaft is capable of being arranged parallel to each other).
In regard to claim 29, Tierney teaches further comprising a guide tube (via trocar sleeve) wherein the first and second elongate instrument shafts extend in a parallel configuration through the guide tube and are translatable relative to the guide tube (Col. 1, Lines 49-52).
In regard to claim 30, Tierney teaches wherein the first instrument assembly includes an imaging device (Col. 6, Lines 20-37).
In regard to claim 31, Brock teaches wherein the first wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped actuator assembly at a first attachment plane, wherein the first attachment plane is perpendicular to the first elongate instrument shaft when the first wedge-shaped transmission mechanism is connected to the first wedge-shape actuator assembly (Figs. 42,43, the plane extends vertically along the instrument shaft and also horizontally perpendicular to the elongate shaft).
Examiner Comments
In order to advance prosecution, the examiner suggests amending Claim 21 with the limitations of Claim 31, however modifying the language to indicate the attachment plane is perpendicular to and intersects a longitudinal axis of the instrument shaft.
Response to Arguments
Applicant's arguments filed 3/19/2026 have been fully considered but they are not persuasive.
Applicant argues:
“Applicant respectfully submits that Tierney does not disclose at least the above-emphasized subject matter of amended claim 21. The Office Action analogizes Tierney's "proximal housing 108" to the "first wedge-shaped transmission mechanism" of claim 21 and analogizes Tierney's "manipulator 58" to the "first wedge-shaped actuator assembly" of claim 21. (Page 3.) Even assuming, without conceding, that the Office Action's analogies are accurate, Tierney does not disclose at least that "a first wedge-shaped face of the first wedge-shaped transmission mechanism is detachably connectable to a first wedge-shaped face of a first wedge-shaped actuator assembly of the plurality of wedge-shaped actuator assemblies," as recited by amended claim 21. (Emphasis added.)”
The examiner disagrees since Figs. 6, 7A-7E illustrate the transmission mechanism (108) of the first instrument and the holder (128) of the manipulator (58) both having substantially similar wedge-shaped faces for detachable connection therebetween.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN N HENDERSON whose telephone number is (571)270-1430. The examiner can normally be reached Monday-Friday 6am-5pm (PST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Antuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795 April 30, 2026
Prosecution Insights