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 .
This office action is in response to applicant’s communication of 9/16/2025. Currently claims 1-10 and 16-19 are elected and rejected below.
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)(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) 1-10 and 16-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Swayze et al. (US 2018/0049795 A1).
Concerning claim 1, Swayze discloses a system for performing a surgical procedure (figures 1-13b), comprising: an endoscope (para [0052]), the endoscope comprising: a catheter attachment (1136 for example); and a control handle (530 for example), the control handle selectively coupled to a portion of the catheter attachment such that inputs received by the control handle effectuate corresponding reactions of a portion of the catheter attachment when the control handle is coupled to the catheter attachment and when the control handle is separated from the catheter attachment (see para [0044], [0046], [0065]-[0069] , [0077] and figures 10-12).
Concerning claim 2 and the catheter attachment includes a catheter housing (510) and a catheter operably coupled to, and extending distally from, a portion of the catheter housing.
Concerning claim 3 and the catheter housing includes a drive mechanism (see para 0047] and 1140 in one example), the drive mechanism disposed within a portion of the catheter housing and configured to effectuate articulation of a distal portion of the catheter.
Concerning claim 4 and the drive mechanism includes a motor (M1-M7), wherein the motor causes the drive mechanism to effectuate articulation of the distal portion of the catheter (see para [0049], [0051]).
Concerning claim 5 and the control handle includes a motor disposed therein, wherein the motor is operably coupled to the drive mechanism when the catheter housing is coupled to the control handle (as in figure 11b for example).
Concerning claim 6 and further comprising a robotic surgical system (560), a portion of the robotic surgical system configured to be selectively coupled to a portion of the catheter housing when the catheter housing is separated from the control handle (530), (see para [0077].
Concerning claim 7 and the catheter housing includes a drive mechanism disposed therein, the drive mechanism selectively couplable to a portion of the robotic surgical system such that when the catheter housing is coupled to the robotic surgical system, the robotic surgical system is operably coupled to the drive mechanism (see para [0077] and figure 11A for example).
Concerning claim 8 and the control handle is in selective communication with the robotic surgical system, wherein inputs received on the control handle are received by the robotic surgical system to cause the robotic surgical system to effectuate a corresponding reaction of the catheter (see para [0044], [0077], [0096]).
Concerning claim 9 and the control handle further includes an inertial measurement unit, wherein movement of the control handle is measured by the inertial measurement unit to effectuate a corresponding reaction of the catheter (see para [0044] and gravity compensated manipulator or the llike and para [0061 and use of inertial sensors).
Concerning claim 10 and the control handle includes a control pad, wherein inputs received on the control pad cause the robotic surgical system to effectuate a corresponding reaction of the catheter (see para [0044] and [0093] and trackpads).
Concerning claim 16 and system for performing surgery (see figures 1-13b), comprising: a catheter housing (510), the catheter housing including a catheter (1136) operably coupled to, and distally extending from, a portion of the catheter housing; a control handle (530), the control handle selectively coupled to a portion of the catheter housing and configured to receive inputs to effectuate reactions of the catheter of the catheter housing; a robotic surgical system (560), a portion of the robotic surgical system configured to be operably coupled to the catheter housing when the catheter housing is separated from the control handle (see para [0044], [0046], [0065]-[0069] , [0077] and figures 10-12). Concerning the control handle is configured to directly control articulation of the distal portion of the catheter when the catheter housing is coupled to the control handle and is configured to remotely control articulation of the distal portion of the catheter when the catheter housing is coupled to the robotic surgical system (see figures 11A-11B and para [0077] and disclosure as discussed above in claim rejections).
Concerning claim 17 and wherein the catheter housing includes a drive mechanism, the drive mechanism disposed within a portion of the catheter housing and configured to effectuate articulation of a distal portion of the catheter (see para 0047] and 1140 in one example),
Concerning claim 18 and the control handle includes a motor (M1-M7), the motor disposed within a portion of the control handle and configured to be operably coupled to the drive mechanism when the catheter housing is coupled to the control handle (see para [0049], [0051]).
Concerning claim 19 and the robotic surgical system includes a motor, the motor disposed within a portion of the robotic surgical system and configured to be operably coupled to the drive mechanism when the catheter housing is coupled to the robotic surgical system (see figure 11A or 10A for examples).
Response to Arguments
Applicant's arguments filed 9/16/2025 have been fully considered but they are not persuasive. Applicant’s argue that there is not a “handle” disclosed and further any handle disclosed does not both receives "inputs received by the control handle effectuate corresponding reactions of a portion of the catheter attachment... and when the control handle is separated from the catheter attachment" (applicant’s remarks at page 7). Examiner disagrees.
Concerning the handle, examiner draws applicant’s attention to not only the rejection above and explicit handle (530) but the prior art language of paragraph [0044] which states
“…[0044] The control system 315 can have a variety of configurations and it can be located adjacent to the patient, e.g., in the operating room, remote from the patient, e.g., in a separate control room, or it can be distributed at two or more locations. For example, a dedicated system control console can be located in the operating room, and a separate console can be located in a remote location. The control system 315 can include components that enable a user to view a surgical site of a patient 312 being operated on by the patient-side portion. 310 and/or to control one or more parts of the patient-side portion 310 (e.g., to perform a surgical procedure at the surgical site 312). In some embodiments, the control system 315 can also include one or more manually-operated input devices, such as a joystick, exoskeletal glove, a powered and gravity-compensated manipulator, or the like. These input devices can control teleoperated motors which, in turn, control the movement of the surgical system, including the robotic arms 320 and tool assemblies 330…”. It is examiners position that whichever Swazye imput device was selected that it would be a type of “handle” in the broadest reasonable reading of the claim term “handle”, as it would be a portion of the device that would be manually manipulated by a user to control the device.
Concerning the “handle” effectuating actions of the catheter attachment with coupled or separated examiner draws applicant to the prior art teachings of Swazye para [0056] which states:
“…[0056] As discussed above, the robotic surgical system can include a wireless communication system that allows one or more parts of the robotic surgical system to communicate wirelessly with another part of the robotic surgical system. For example, a tool assembly can include a first wireless feature that can communicate (e.g., send and/or receive information) wirelessly to a second wireless feature associated with the control system, such as the control system 315 of FIG. 1. The first and second wireless features can communicate regardless of whether the tool assembly is coupled to the robotic arm. As such, information related to the tool assembly, including the end effector, can be communicated to the control system before, during, and/or after the tool assembly is uncoupled and moved away from the robotic arm, such as for coupling to a different robotic arm or for manual use. The information related to the tool assembly can be used under such new circumstances thereby reducing or eliminating the need to re-configure the tool assembly, as well as for keeping track of the location of the tool assembly (e.g., using one or more sensors associated with the tool assembly), as will be described in greater detail below…”.
Examiner is of the position that Swayze would disclose and teach that the “handles” as discussed in para [0044], would be connected a disconnected from the robotic surgical system and catheters connected thereto. Further the handles would communication and effectuate with the robotic surgical system and catheter if connected or not connected via the wireless communication system (as discussed in para [0056]. And further shown in figures 12A-12C for some examples.
Para [0083] discusses some advantages of having the control systems and tools drivers to have wireless communication and control rather than wired as stated:
“…[0083] Many benefits may be realized from the embodiments disclosed herein. For example, wireless communications between a tool driver (or tool assembly) and a control system reduces the number of wires required to interface between a robotic arm and tool driver which improves the reliability the wired interface and improves the reliability of communications between the tool driver and control system. Moreover, a tool driver with wireless communications and a battery for power allows for communications when the tool driver is detached from a robotic arm when being moved from one robotic arm to another or being used manually by a surgeon. Communications between modular components allows for configuration, usage, and calibration information to be exchanged between the modular components which provides for better automation of the operating room and improved data integrity over data recorded manually by surgical staff. Tool drivers with modular adapters improve the flexibility and number of uses a surgical robot may be used which in turn reduces the cost of robotic assisted surgeries…”.
Under these teachings and readings of the Swayze prior art examiner is of the position that “handle” is taught and that the system recieves "inputs received by the control handle effectuate corresponding reactions of a portion of the catheter attachment... and when the control handle is separated from the catheter attachment".
It is recommended that applicant greater amend the claims to distinguish over the prior art of record and any obvious modifications thereof.
Conclusion
THIS ACTION IS MADE FINAL. 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 PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
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, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783