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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/23/25 has been entered.
Status of Claims
Claims 1-14 and 18 are rejected. Claims 15-17 are canceled.
Response to Arguments
Claim Objections
The previous claim objection has been withdrawn in view of the amendment.
Claim Rejections - 35 USC § 112
The previous 112b rejection has been withdrawn in view of the amendment.
Double Patenting
The double patenting is maintained until the respective Terminal Disclaimers are filed. The Examiner attempted to call Applicant for the Terminal Disclaimers; however no response was received.
Claim Rejections - 35 USC § 103
Applicant’s arguments, see Remarks, filed 8/23/35, with respect to claims 1-14 and 18 have been fully considered and are persuasive. The 103 rejection of claims 1-14 and 18 has been withdrawn. See the Examiner’s Note section below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a surgical device in claim 1;
input elements in claims 1, 5, 6, 7, and 13; and
output elements in claims 1 and 5-7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For the surgical device in claim 1, the specification recites “the surgical devices may be surgical instruments having end effectors, and/or they may be steerable lumen devices adapted to receive such surgical instruments (or a combination of such surgical instruments and lumen devices)” (page 1), “there is a first surgical device in the form of a steerable lumen device” (page 6), and “the illustrated embodiments show the surgical device as being a surgical instrument” (page 6). Therefore, the Examiner is interpreting the surgical device to be a surgical instrument or steerable lumen device.
For the input elements in claims 1, 5, 6, 7, and 13, the specification recites “linear translatable input elements or pistons of the input subsystem are each associated with a corresponding one of the actuation elements” (page 2) and “the pistons 78 of the racks replacing (and serving as) the input elements 28d” (page 17). Therefore, the Examiner is interpreting the input elements to be pistons.
For the output elements in claims 1 and 5-7, the specification recites “rotating output elements such as shafts, disks or other elements which rotate when the motors in the driver are energized” (page 2) and “output elements 26, which in this embodiment take the form of pins or posts” (page 8). Therefore, the Examiner is interpreting the output elements to be shafts, disks, pins, or posts.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Examiner’s Note
Claims 1-14 and 18 distinguish over the prior art but are still rejected under double patenting.
The following is a statement of reasons for the indication of allowable subject matter:
The scope of removably mounting the surgical device to the drive unit such that each output element in the plurality of output elements is in a drive relationship with a corresponding input element in the plurality of input elements; wherein linear translation of the output element causes linear translation of the corresponding input element in the plurality of input elements along a second axis, the second axis parallel to the first axis, and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft was not found in the prior art alone or in combination with one another to be obvious over the prior art of record. The closest prior art of record is DE 102013007761; however it fails to recite wherein linear translation of the output element causes linear translation of the corresponding input element in the plurality of input elements along a second axis, the second axis parallel to the first axis, and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. US 11497481 in view of Parihar (US 20140305987). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 11497481
Secondary Reference Parihar (US 20140305987)
1
1, 18
Parihar teaches being parallel, a first axis of the output element, and the second axis of the input element ([0183]-the second drive shaft axis SDA-SDA is offset from and parallel or is substantially parallel to the first drive shaft axis FDA-FDA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include being parallel, a first axis of the output element, and the second axis of the input element of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
2
2
Parihar teaches a first axis of the output element and the second axis of the input element ([0183]-the second drive shaft axis SDA-SDA is offset from and parallel or is substantially parallel to the first drive shaft axis FDA-FDA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a first axis of the output element and the second axis of the input element of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
3
1, 3
4
4
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
1, 14
14
15
18
1
Parihar teaches wherein the plurality of actuators comprises a plurality of motors ([0277]-actuators that produce linear motion are called linear motors). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include the motors of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
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Claims 1 and 3-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Comber (US 20130123802)
1
1, 12, 18
Comber teaches a distal end ([0061]-distal end) and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft ([0055]-a linear-to-rotary transmission mechanism 956 converting translation of a linear actuator to rotation of the shaft 944). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a distal end and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft of Comber in order to carry, guide, or otherwise direct the placement of an end effector 408 having any desired observational or interactive function to a desired location within a patient's body for any desired reasons, interventional or otherwise (Comber, [0032]).
3
1, 6
4
7
5
6
6
10
7
11
Claims 2, 8, 10, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802) and further in view of Parihar (US 20140305987). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Parihar (US 20140305987)
2
2
Parihar teaches a first axis of the output element and the second axis of the input element ([0183]-the second drive shaft axis SDA-SDA is offset from and parallel or is substantially parallel to the first drive shaft axis FDA-FDA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a first axis of the output element and the second axis of the input element of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
8
Parihar teaches the method of claim 1, wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft ([0212]-an arcuate cam slot 1078 that is adapted to receive a corresponding portion of a cam pin 1048, axial or linear movement; [0229]-cam pins 2196 positioned to push camming surfaces 2168 on the push rod driver 2163; [0367-368]; [0447-449]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
10
Parihar teaches the method of claim 8, wherein the cam surface is defined by a groove in the shaft ([0367]-cam slot; [0212]; [0368]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the cam surface is defined by a groove in the shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
18
1
Parihar teaches wherein the plurality of actuators comprises a plurality of motors ([0277]-actuators that produce linear motion are called linear motors). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include the motors of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802) and further in view of Parihar (US 20140305987) and further in view of Gerhardt (US 20100324551). See a matching of the claim in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Parihar (US 20140305987)
Secondary Reference Gerhardt (US 20100324551)
9
Gerhardt teaches wherein the cam surface is defined by a collar on the shaft ([0036]-rotating collar 40 is rotatably mounted to the proximal portion 20 of the elongated shaft 18, the cam member 52 includes sloped forward cam surfaces 54 (see FIG. 3F) that engage a pair of earn followers 56, 58 such that the cam followers 56, 58 slide longitudinally in response to rotational motion in the cam member 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the cam surface is defined by a collar on the shaft of Gerhardt in order to articulate an end effector with respect to an axis (Gerhardt, [0002]).
Claims 11-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802) and further in view of Parihar (US 20140305987) and further in view of Aldridge (US 20120241491. See a matching of the claim in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Parihar (US 20140305987)
Secondary Reference Aldridge (US 20120241491)
11
Parihar teaches the method of claim 8, wherein the shaft has a first end ([0212]-a first end effector drive system; [0223]), and wherein the cam surface is a continuous curved surface encircling the shaft ([0368]-each cam slot 11190 can include at least one curved portion and at least linear portion; [0448]-each cam surface 15182 can comprise a sloped or angled surface; [0449]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the shaft has a first end, and wherein the cam surface is a continuous curved surface encircling the shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
Aldridge teaches having at least two apex sections, including a first apex section and a second apex section, the first apex section closer the first end than the second apex end ([1002]-a top apex 30086 and a bottom apex 30088 on the elongate portion 30082; Fig. 414). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include having at least two apex sections, including a first apex section and a second apex section, the first apex section closer the first end than the second apex end of Aldridge in order to manipulate and/or actuate various forms and sizes of end effectors 12 that are operably attached thereto (Aldridge, [0641]).
12
Aldridge teaches wherein the first and second apex sections are separated 180 degrees around the shaft (Aldridge, [1002]-a top apex 30086 and a bottom apex 30088 on the elongate portion 30082, a deformed vertical diameter between the top apex 30086 and the bottom apex 30088; Fig. 414).Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the first and second apex sections are separated 180 degrees around the shaft of Aldridge in order to manipulate and/or actuate various forms and sizes of end effectors 12 that are operably attached thereto (Aldridge, [0641]).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802) and further in view of Dannaher (WO 2014004113). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Comber (US 20130123802)
Secondary Reference Dannaher (WO 2014004113)
13
Dannaher teaches wherein the plurality of inputs are each operatively associated with a linear-to-rotary conversion assembly, wherein said linear-to-rotary conversion assemble includes a shaft and plurality of rack and pinion assemblies ([0180]-the instrument mounting portion 558 comprises a mechanism for causing differential translation of two or more members along the axis of the shaft 538, the rack and pinion gearing mechanism, first pinion gear 614, a first rack gear 618, a second pinion gear 626, a second rack gear 628; [0183]-a third pinion gear 660, rack gear 662), each rack and pinion assembly including a pinion mounted to the shaft ([0180]), and a rack that is engaged with the pinion such that linear translation of the rack produces rotation of the pinion and that includes one of the input elements ([0180]-rotation of the corresponding driven element 564 causes the first pinion gear 614 to rotate, the first rack gear 618 is attached to a first articulation band 622 (FIG. 32) such that linear motion of the first rack gear 618 in a distal direction causes the articulation section 556 of the shaft assembly 538 to articulate in the left direction 620L, the second rack gear 628 is attached to a second articulation band 624 (FIG. 33) such that linear motion of the second rack gear 628 in a distal direction causes the articulation section 556 of the shaft assembly 538 to articulate in the right direction 620R), wherein each rack is positioned relative to its corresponding pinion such that the racks move linearly relative to the shaft ([0180]-motion of the first pinion gear 614 into linear motion of the first rack gear 618 to control the articulation of the articulation section 556 of the shaft assembly 538, linear motion of the second rack gear 628 in a distal direction causes the articulation section 556 of the shaft assembly), the linear motion of each rack being out of phase with that of the other racks such that the collective motion of the racks causes continuous rotation of the shaft ([0180]-motion of the first pinion gear 614 into linear motion of the first rack gear 618 to control the articulation of the articulation section 556 of the shaft assembly 538 in a left direction 620L, motion of the second pinion gear 626 into linear motion of the second rack gear 628 to control the articulation of the articulation section 556 in a right direction 620R, a mechanism for translating rotation of the driven elements 564 into rotational motion about the axis of the shaft 538), and wherein the shaft and the device shaft arranged such that rotation of the shaft results in rotation of the device shaft ([0051]-translating rotation of the driven elements into rotational motion about the axis of the shaft; [0180]-a CW rotation of the shaft assembly 538).Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the conversion assembly includes a shaft and plurality of rack and pinion assemblies, each rack and pinion assembly including a pinion mounted to the shaft, and a rack that is engaged with the pinion such that linear translation of the rack produces rotation of the pinion and that includes one of the input elements, wherein each rack is positioned relative to its corresponding pinion such that the racks move linearly relative to the shaft, the linear motion of each rack being out of phase with that of the other racks such that the collective motion of the racks causes continuous rotation of the shaft, and wherein the shaft and the device shaft arranged such that rotation of the shaft results in rotation of the device shaft of Dannaher in order to provide shaft articulation (Dannaher, [0179]).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12133698 in view of Comber (US 20130123802) and further in view of Dannaher (WO 2014004113) and further in view of Kan (US 20110130782). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12133698
Secondary Reference Parihar (US 20140305987)
Secondary Reference Kan (US 20110130782)
14
Kan teaches wherein each rack and pinion assembly further includes a cam surface disposed on the rack and a follower carried by the pinion ([0012]-a multi-gear pinion gear assembly; [0014]-an eccentrically curved cam surface that travels across a follower surface of the piston when the rotary gear is rotated), the cam surface and follower shaped such that when teeth of the rack and pinion disengage during linear travel of the rack relative to the pinion in a first direction ([0074]-one or more ramped disengagement surfaces are defined by the pawl and/or the tooth and are positioned adjacent that catch surface. The ramped disengagement surface(s) can be linear, curved, or a combination thereof; [0076]-deflect from engaged positions engaging the ratchet drive teeth 45, to disengaged positions deflected from engagement with the ratchet drive teeth; [0010]), contact between the cam and follower cause the relative motion of the rack and pinion to continue in the first direction despite the disengagement of the teeth ([0073]-the catch surfaces are each engaged to maintain the two gears in co-rotation in the first direction). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein each rack and pinion assembly further includes a cam surface disposed on the rack and a follower carried by the pinion, the cam surface and follower shaped such that when teeth of the rack and pinion disengage during linear travel of the rack relative to the pinion in a first direction, contact between the cam and follower cause the relative motion of the rack and pinion to continue in the first direction despite the disengagement of the teeth of Kan in order for advancement mechanisms for medical or other devices using cartridges holding one or more lancets or other items for use or dispensing (Kan, [0002]).
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Claims 1-8, 10, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12274518 in view of Parihar (US 20140305987) in view of Comber (US 20130123802). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12274518
Secondary Reference Parihar (US 20140305987)
Secondary Reference Comber (US 20130123802)
1
1, 2, 4
Parihar teaches an input subsystem carried at the proximal end of the elongate surgical device shaft ([0206]-female socket couplers that are attached to the driven shafts in the surgical end effector; [0214]-a female socket coupler 57 is attached to the proximal end of the firing shaft 1102; [0216]; Fig. 35), removably mounting ([0187]-removably housed), and a first axis of the output element and the second axis of the input element ([0183]-the second drive shaft axis SDA-SDA is offset from and parallel or is substantially parallel to the first drive shaft axis FDA-FDA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include an input subsystem carried at the proximal end of the elongate surgical device shaft, removably mounting, and a first axis of the output element and the second axis of the input element of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
Comber teaches wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft ([0055]-a linear-to-rotary transmission mechanism 956 converting translation of a linear actuator to rotation of the shaft 944). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a distal end and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft of Comber in order to carry, guide, or otherwise direct the placement of an end effector 408 having any desired observational or interactive function to a desired location within a patient's body for any desired reasons, interventional or otherwise (Comber, [0032]).
2
1
Parihar teaches a first axis of the output element and the second axis of the input element ([0183]-the second drive shaft axis SDA-SDA is offset from and parallel or is substantially parallel to the first drive shaft axis FDA-FDA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a first axis of the output element and the second axis of the input element of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
3
6
Parihar teaches removably mounting ([0187]-removably housed). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include removably mounting of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
4
7
5
9
6
10
7
11
8
Parihar teaches the method of claim 1, wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft ([0212]-an arcuate cam slot 1078 that is adapted to receive a corresponding portion of a cam pin 1048, axial or linear movement; [0229]-cam pins 2196 positioned to push camming surfaces 2168 on the push rod driver 2163; [0367-368]; [0447-449]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
10
Parihar teaches the method of claim 8, wherein the cam surface is defined by a groove in the shaft ([0367]-cam slot; [0212]; [0368]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the cam surface is defined by a groove in the shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
18
1
Parihar teaches wherein the plurality of actuators comprises a plurality of motors ([0277]-actuators that produce linear motion are called linear motors). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include the motors of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12274518 in view of Parihar (US 20140305987) in view of Comber (US 20130123802) and further in view of Gerhardt (US 20100324551). See a matching of the claim in the table below:
Claims of the Present Application (17/566973)
Claims of US 12274518
Secondary Reference Parihar (US 20140305987)
Secondary Reference Gerhardt (US 20100324551)
9
Gerhardt teaches wherein the cam surface is defined by a collar on the shaft ([0036]-rotating collar 40 is rotatably mounted to the proximal portion 20 of the elongated shaft 18, the cam member 52 includes sloped forward cam surfaces 54 (see FIG. 3F) that engage a pair of earn followers 56, 58 such that the cam followers 56, 58 slide longitudinally in response to rotational motion in the cam member 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the cam surface is defined by a collar on the shaft of Gerhardt in order to articulate an end effector with respect to an axis (Gerhardt, [0002]).
Claims 11-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12274518 in view of Parihar (US 20140305987) in view of Comber (US 20130123802) and further in view of Aldridge (US 20120241491. See a matching of the claim in the table below:
Claims of the Present Application (17/566973)
Claims of US 12274518
Secondary Reference Parihar (US 20140305987)
Secondary Reference Aldridge (US 20120241491)
11
Parihar teaches the method of claim 8, wherein the shaft has a first end ([0212]-a first end effector drive system; [0223]), and wherein the cam surface is a continuous curved surface encircling the shaft ([0368]-each cam slot 11190 can include at least one curved portion and at least linear portion; [0448]-each cam surface 15182 can comprise a sloped or angled surface; [0449]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the shaft has a first end, and wherein the cam surface is a continuous curved surface encircling the shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
Aldridge teaches having at least two apex sections, including a first apex section and a second apex section, the first apex section closer the first end than the second apex end ([1002]-a top apex 30086 and a bottom apex 30088 on the elongate portion 30082; Fig. 414). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include having at least two apex sections, including a first apex section and a second apex section, the first apex section closer the first end than the second apex end of Aldridge in order to manipulate and/or actuate various forms and sizes of end effectors 12 that are operably attached thereto (Aldridge, [0641]).
12
Aldridge teaches wherein the first and second apex sections are separated 180 degrees around the shaft (Aldridge, [1002]-a top apex 30086 and a bottom apex 30088 on the elongate portion 30082, a deformed vertical diameter between the top apex 30086 and the bottom apex 30088; Fig. 414).Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the first and second apex sections are separated 180 degrees around the shaft of Aldridge in order to manipulate and/or actuate various forms and sizes of end effectors 12 that are operably attached thereto (Aldridge, [0641]).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12274518 in view of Parihar (US 20140305987) in view of Comber (US 20130123802) and further in view of Dannaher (WO 2014004113). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12274518
Secondary Reference Comber (US 20130123802)
Secondary Reference Dannaher (WO 2014004113)
13
Dannaher teaches wherein the plurality of inputs are each operatively associated with a linear-to-rotary conversion assembly, wherein said linear-to-rotary conversion assemble includes a shaft and plurality of rack and pinion assemblies ([0180]-the instrument mounting portion 558 comprises a mechanism for causing differential translation of two or more members along the axis of the shaft 538, the rack and pinion gearing mechanism, first pinion gear 614, a first rack gear 618, a second pinion gear 626, a second rack gear 628; [0183]-a third pinion gear 660, rack gear 662), each rack and pinion assembly including a pinion mounted to the shaft ([0180]), and a rack that is engaged with the pinion such that linear translation of the rack produces rotation of the pinion and that includes one of the input elements ([0180]-rotation of the corresponding driven element 564 causes the first pinion gear 614 to rotate, the first rack gear 618 is attached to a first articulation band 622 (FIG. 32) such that linear motion of the first rack gear 618 in a distal direction causes the articulation section 556 of the shaft assembly 538 to articulate in the left direction 620L, the second rack gear 628 is attached to a second articulation band 624 (FIG. 33) such that linear motion of the second rack gear 628 in a distal direction causes the articulation section 556 of the shaft assembly 538 to articulate in the right direction 620R), wherein each rack is positioned relative to its corresponding pinion such that the racks move linearly relative to the shaft ([0180]-motion of the first pinion gear 614 into linear motion of the first rack gear 618 to control the articulation of the articulation section 556 of the shaft assembly 538, linear motion of the second rack gear 628 in a distal direction causes the articulation section 556 of the shaft assembly), the linear motion of each rack being out of phase with that of the other racks such that the collective motion of the racks causes continuous rotation of the shaft ([0180]-motion of the first pinion gear 614 into linear motion of the first rack gear 618 to control the articulation of the articulation section 556 of the shaft assembly 538 in a left direction 620L, motion of the second pinion gear 626 into linear motion of the second rack gear 628 to control the articulation of the articulation section 556 in a right direction 620R, a mechanism for translating rotation of the driven elements 564 into rotational motion about the axis of the shaft 538), and wherein the shaft and the device shaft arranged such that rotation of the shaft results in rotation of the device shaft ([0051]-translating rotation of the driven elements into rotational motion about the axis of the shaft; [0180]-a CW rotation of the shaft assembly 538).Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the conversion assembly includes a shaft and plurality of rack and pinion assemblies, each rack and pinion assembly including a pinion mounted to the shaft, and a rack that is engaged with the pinion such that linear translation of the rack produces rotation of the pinion and that includes one of the input elements, wherein each rack is positioned relative to its corresponding pinion such that the racks move linearly relative to the shaft, the linear motion of each rack being out of phase with that of the other racks such that the collective motion of the racks causes continuous rotation of the shaft, and wherein the shaft and the device shaft arranged such that rotation of the shaft results in rotation of the device shaft of Dannaher in order to provide shaft articulation (Dannaher, [0179]).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12274518 in view of Parihar (US 20140305987) in view of Comber (US 20130123802) and further in view of Dannaher (WO 2014004113) and further in view of Kan (US 20110130782). See a matching of the claims in the table below:
Claims of the Present Application (17/566973)
Claims of US 12274518
Secondary Reference Parihar (US 20140305987)
Secondary Reference Kan (US 20110130782)
14
Kan teaches wherein each rack and pinion assembly further includes a cam surface disposed on the rack and a follower carried by the pinion ([0012]-a multi-gear pinion gear assembly; [0014]-an eccentrically curved cam surface that travels across a follower surface of the piston when the rotary gear is rotated), the cam surface and follower shaped such that when teeth of the rack and pinion disengage during linear travel of the rack relative to the pinion in a first direction ([0074]-one or more ramped disengagement surfaces are defined by the pawl and/or the tooth and are positioned adjacent that catch surface. The ramped disengagement surface(s) can be linear, curved, or a combination thereof; [0076]-deflect from engaged positions engaging the ratchet drive teeth 45, to disengaged positions deflected from engagement with the ratchet drive teeth; [0010]), contact between the cam and follower cause the relative motion of the rack and pinion to continue in the first direction despite the disengagement of the teeth ([0073]-the catch surfaces are each engaged to maintain the two gears in co-rotation in the first direction). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein each rack and pinion assembly further includes a cam surface disposed on the rack and a follower carried by the pinion, the cam surface and follower shaped such that when teeth of the rack and pinion disengage during linear travel of the rack relative to the pinion in a first direction, contact between the cam and follower cause the relative motion of the rack and pinion to continue in the first direction despite the disengagement of the teeth of Kan in order for advancement mechanisms for medical or other devices using cartridges holding one or more lancets or other items for use or dispensing (Kan, [0002]).
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Claims 1-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of copending Application No. 19/18004 in view of Comber (US 20130123802). See a matching of the claims in the table below:
This is a provisional nonstatutory double patenting rejection.
Claims of the Present Application (17/566973)
Claims of US Application (19/18004)
Secondary Reference Comber (US 20130123802)
1
1, 4, 14, 15
Comber teaches a distal end ([0061]-distal end) and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft ([0055]-a linear-to-rotary transmission mechanism 956 converting translation of a linear actuator to rotation of the shaft 944). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include a distal end and wherein said linear translation of said corresponding input elements causes axial rotation of the elongate surgical device shaft of Comber in order to carry, guide, or otherwise direct the placement of an end effector 408 having any desired observational or interactive function to a desired location within a patient's body for any desired reasons, interventional or otherwise (Comber, [0032]).
2
2, 14, 15
3
1, 6
4
7
5
9
6
10
7
11
Claims 8, 10, and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of copending Application No. 19/18004 in view of Comber (US 20130123802) in view of Parihar (US 20140305987). See a matching of the claims in the table below:
This is a provisional nonstatutory double patenting rejection.
Claims of the Present Application (17/566973)
Claims of US Application (19/18004)
Secondary Reference Parihar (US 20140305987)
8
Parihar teaches the method of claim 1, wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft ([0212]-an arcuate cam slot 1078 that is adapted to receive a corresponding portion of a cam pin 1048, axial or linear movement; [0229]-cam pins 2196 positioned to push camming surfaces 2168 on the push rod driver 2163; [0367-368]; [0447-449]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the conversion assembly includes a shaft having a cam surface, wherein translation of each input element against the cam surface causes rotation of the shaft, and rotation of the shaft results in rotation of the device shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
10
Parihar teaches the method of claim 8, wherein the cam surface is defined by a groove in the shaft ([0367]-cam slot; [0212]; [0368]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of the copending application to include wherein the cam surface is defined by a groove in the shaft of Parihar in order for performing laparoscopic and minimally invasive surgical procedures (Parihar, [0180]).
18
1
Parihar teaches wherein the plurality of actuators comprises a plurality of motors ([0277]-actuators that produce linear motion are called linear motors). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inventio