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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 in the reply filed on 7/18/2025 is acknowledged. Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/18/2025.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 recites “a rotation restricted portion is provided in the separator” it is unclear whether the “rotation restricted portion” provided in the separator is the same or different from the “restricting portion” formed in the separator (claim 1), clarification is required. If “a rotation restricted portion is provided in the separator” is different from the “restricting portion” formed in the separator (claim 1) it is unclear how the recited rotation restricted portion relates to the previously recited restricting portion, clarification is required. Claims 3-7 directly or indirectly depend from the claim 2 and are also rejected to for the reasons stated above regarding claim 2. For the purposes of examination, “rotation restricted portion” and “restricting portion” have been interpreted to be different elements of the separator.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0296040 to Haraguchi et al. (herein Haraguchi) (cited by applicant).
In reference to at least claim 1
Haraguchi discloses a surgical instrument holding device (e.g. Figs. 1-2, 28 — adapter component set, i.e. surgical instrument holding device; par. [0001] — an adapter component set suitable to be used as a device for connecting a medical instrument; par. [0041] — the adapter component set 28 is a component set which includes the timing pulley 27 and rotatably attaches the surgical instrument 12 to the robot arm 11) an adapter (e.g. 47) from which a surgical instrument is detachable (e.g. abstract — an adapter holds the medical instrument; par. [0051]; par. [0076] — the adapter 47 which the surgical instrument 12 is capable of being attached to) and that is provided with a restricted portion (e.g. female claw part 47b is the “restricted portion”); a separator (e.g. 46) from which the adapter is detachable (e.g. abstract — a separator 46 has a hollow cylinder shape for inserting the adapter therein; par. [0051]; par. [0056] — the adapter 47 being inserted in the separator 46; Par. [0067]; Par. [0069]); a holding body (e.g. the timing pulley 27, i.e. holding body) from which the separator is detachable (e.g. par. [0051]; par. [0064] — the timing pulley 27 has a male engagement part 27a on the inlet side thereof. The separator 46 has a female engagement part 46a to be engaged with the male engagement part 27a when the separator 46 is inserted into the timing pulley 27); and a driving body (e.g. 25 — rotation motor, i.e. driving body) configured to support the holding body in a rotatable manner and apply a driving force to the holding body (Par. [0038] — the rotation motor 25 generates a rotational force (torque), and transmits the rotational force to the timing pulley 27, i.e. holding body, via the timing belt 26), wherein the adapter is provided with a tubular portion through which the surgical instrument penetrates (e.g. Figs. 2,4,6B,7B adapter 47 has a tubular portion through which a surgical instrument 12 penetrates; par. [0051]; par. [0076] — the adapter 47 which the surgical instrument 12 is capable of being attached to), the separator is provided with an insertion portion into which the tubular portion is inserted (e.g. Figs. 2,4,6B,7B separator 46 is provided with an insertion portion into which the tubular portion of adapter 47 is inserted; par. [0011]- a separator having a shape of a hollow cylinder into which the adapter is inserted, par. [0076] — the adapter 47 which the surgical instrument 12 is capable of being attached to, and is inserted in the hole of the hollow cylinder of the separator 46), the surgical instrument is held by the holding body via the adapter and the separator (e.g. Figs. 2,6A-B,7A-B adapter 47 and separator 46 hold the surgical instrument; par. [0010] - an adapter for holding the medical instrument; par. [0058] - the surgical instrument 12, is inserted into the inside of the separator 46 from the inlet side to the outlet side); a restricting portion is formed in the separator (e.g. 46b), and the restricting portion engages with the restricted portion of the adapter (e.g. par. [0066] - has a female engagement part 47b on the inlet side thereof. The separator 46 has a male engagement part 46b to be engaged with the female engagement part 47b when the adapter 47 is inserted into the separator.) to restrict rotation of the adapter in a circumferential direction of the tubular portion (e.g. par. [0079] - the female engagement part 47b and the male engagement part 46b as engagement parts are provided in order to join the separator 46 and the adapter 47 to transmit a rotational force and to fix, i.e. restrict rotation, the surgical instrument 12.)
In reference to at least claim 2
Haraguchi discloses wherein: a rotation restricted portion is provided in the separator (e.g. 46a), a rotation restricting portion is formed in the holding body (e.g. 27a), and the rotation restricting portion engages with the rotation restricted portion (e.g. par. [0064]- the male engagement part 27a when the separator 46 is inserted into the timing pulley 27.; par. [0065] - the timing pulley 27 and the separator 46 are joined by the engagement of the male engagement part 27a and the female engagement part 46a.) to restrict rotation of the separator in a circumferential direction of the insertion portion (e.g. par. [0080] - the timing pulley 27 included in the rotation mechanism of the robot arm 11, the male engagement part 27a and the female engagement part 46a are provided as engagement parts to transmit the rotational force; since the engagement parts transmit the rotational force the engagement parts are also capable of restricting rotation in a circumferential direction of the insertion portion).
In reference to at least claims 7-8
Haraguchi discloses an insertion and extraction opening that opens in a radial direction is formed in the insertion portion (e.g. par. [0076] — the adapter 47 which the surgical instrument 12 is capable of being attached to, and is inserted in the hole, i.e. insertion and extraction opening, of the hollow cylinder of the separator 46, the hole provided opens in a radial direction, see annotated figure below), and the surgical instrument that is attached to the adapter is inserted or extracted through the insertion and extraction opening (e.g. par. [0076] — the adapter 47 which the surgical instrument 12 is capable of being attached to, and is inserted in the hole of the hollow cylinder of the separator 46).
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In reference to at least claim 9
Haraguchi discloses a surgery assisting device (e.g. par. [0028] - a robot arm in a robot system, i.e. a surgery assisting device) comprising the surgical instrument holding device according to claim 1 (see rejection of claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0305997 to Ago et al. which discloses a stopper and adaptor. US 2022/0401181 to Nishihara which discloses a surgical instrument holding device and surgery assisting device. US 2022/0387021 to Nishihara which discloses a surgical instrument holding device and surgery assisting device.
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/JENNIFER L GHAND/Examiner, Art Unit 3796
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