The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 12, 2025 has been entered.
Response to Arguments
Examiner acknowledges the receipt of the Applicant’s Amendment dated December 12, 2025. Applicant amended claims 1, 11, and 20. Claims 1-20 are pending.
Applicant's arguments have been considered and are persuasive. Upon further search and consideration, the claims are rejected under 35 U.S.C. 103 as discussed below in view of the new grounds of rejection over Naito et al. (U.S. Publication 2001/0025135).
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.
Claims 1-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (U.S. Publication 2022/0241035, hereinafter “Yamamoto”) and in further views of Onikubo et al. (U.S. Publication 2022/0167837, hereinafter “Onikubo”) and Naito et al. (U.S. Publication 2001/0025135, hereinafter “Naito”).
As to Claim 1 in particular, Yamamoto discloses a method for cleaning an endoscopic instrument of a robotic surgical system, the method comprising:
in response to receiving an input via “automatic cleaning button” in combination with other switches and buttons as described in [0129]-[0131] to effectuate a cleaning of the endoscopic instrument, robotically retracting the endoscopic instrument fully from within a patient; and
robotically moving an elongated shaft of the endoscopic instrument, relative to a longitudinal axis of the endoscopic instrument, from an unarticulated position to an articulated position via wires in [0073]-[0074].
As to claims 1-10 and 20, however Yamamoto does not specifically disclose retraction from within the patient. Onikubo teaches in the analogous field of endoscopy wherein retraction can occur fully prior to cleaning in [0005]. It would have been obvious to one of ordinary skill in the art to provide the method of Yamamoto with full retraction from within the patient prior to cleaning as taught by Onikubo in order to fulfill the same function of cleaning with predictable results.
Additionally Yamamoto does not specifically disclose articulation following retraction fully from within the patient and in response to receiving input. Naito teaches in the analogous field of endoscopy wherein articulation in [0064] and Fig. 1 wherein articulation input via (14) in [0064] can occur independently as well as cleaning in response to an activation button via (15, 16) in [0064]. It would have been obvious to one of ordinary skill in the art at the time of invention wherein the method of Yamamoto in response to receiving input can be provided with both articulation and cleaning steps during operation at any point as desired, including sequentially following retraction, and that cleaning is in response to receiving input as taught by Naito wherein the input means can be performed sequentially in any order.
As to Claim 2 in particular, Yamamoto discloses the method of claim 1, wherein the elongated shaft includes a distal portion, the method further comprising moving the distal portion of the elongated shaft relative to a proximal portion of the elongated shaft via wires in [0073]-[0074].
As to Claim 3 in particular, Yamamoto discloses the method of claim 2, further comprising robotically moving the elongated shaft of the endoscopic instrument after the distal portion of the elongated shaft is withdrawn from a surgical port assembly of lumens shown in Fig. 6A and as shown in Fig. 3C.
As to Claim 4 in particular, Yamamoto discloses the method of claim 2, further comprising receiving an input from a control drive unit (3) in [0129] and Fig. 2B that is configured to support and drive the endoscopic instrument.
As to Claim 5 in particular, Yamamoto discloses the method of claim 2, wherein the endoscopic instrument is an endoscope, and wherein the method includes articulating the distal portion of the elongated shaft to present a distal lens “lens” in [0199]-[0123] of the endoscopic instrument for cleaning.
As to Claim 6 in particular, Yamamoto discloses the method of claim 3, further comprising, in response to receiving an input, robotically moving the distal portion of the elongated shaft from an angled position, relative to the longitudinal axis, to a position that is coaxial with the longitudinal axis via wires in [0073]-[0074].
As to Claim 7 in particular, Yamamoto discloses the method of claim 6, further comprising robotically inserting the endoscopic instrument distally back through the surgical portal assembly and into the patient after the distal portion is moved to the coaxial position via wires in [0073]-[0074].
As to Claim 8 in particular, Yamamoto discloses the method of claim 1, wherein robotically retracting the endoscopic instrument is caused by a receipt of an input signal from a surgeon console “surgeon console unit” in [0073].
As to Claim 9 in particular, Yamamoto discloses the method of claim 2, wherein robotically moving the distal portion of the elongated shaft relative to the proximal portion of the elongated shaft includes pitching the distal portion relative to the proximal portion via wires in [0073]-[0074].
As to Claim 10 in particular, Yamamoto discloses the method of claim 1, wherein robotically retracting the endoscopic instrument includes axially retracting an endoscopic drive unit “actuation unit or motorbox” in [0020] and Fig. 4A of the control drive unit into the control drive unit.
As to Claim 20 in particular, Yamamoto discloses a method for cleaning a distal portion of an endoscope of a robotic surgical system, the method comprising:
in response to receiving an activation signal from an activation button “automatic cleaning button” in combination with other switches and buttons as described in [0129]-[0131], to effectuate a cleaning of the endoscope, robotically:
articulating a distal portion of an elongated shaft of the endoscope relative to a proximal portion of the endoscope via wires in [0073]-[0074], wherein a longitudinal axis of the distal portion is coaxial with a longitudinal axis of the proximal portion;
thereafter, fully retracting the endoscope from within a patient from a protruded position as described in [0120]-[0121] and [0143]-[0144] and from within a surgical port assembly of lumens shown in Fig. 6A such that a distal lens “lens” in [0199]-[0123] of the distal portion of the endoscope is retracted and free from the surgical port assembly as shown in Fig. 6C;
thereafter, articulating the distal portion of the elongated shaft of the endoscope relative to the proximal portion of the endoscope via wires in [0073]-[0074], wherein the longitudinal axis of the distal portion is angled relative to the longitudinal axis of the proximal portion, and wherein the distal portion is oriented to facilitate a cleaning of the distal lens;
thereafter, articulating the distal portion of an elongated shaft of the endoscope relative to the proximal portion of the endoscope, wherein the longitudinal axis of the distal portion is again coaxial with the longitudinal axis of the proximal portion via wires in [0073]-[0074]; and
thereafter, reinserting the endoscope into the patient, through the surgical port assembly as shown in Fig. 6C.
Claims 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto and Onikubo and in further views of Ding et al. (U.S. Publication 2023/0165452, hereinafter “Ding”).
As to Claim 11 in particular, Yamamoto discloses a robotic surgical system comprising:
a control drive unit (3) in [0129] and Fig. 2B;
an endoscope drive unit “actuation unit or motorbox” in [0020] and Fig. 4A;
an endoscopic instrument selectively attachable to the endoscope drive unit via “docking mechanism” in Fig. 4A, the endoscopic instrument defining a longitudinal axis and including an elongated shaft supporting a distal lens “lens” in [0199]-[0123]; and
a control pad coupled to the control drive unit, the control pad including a cleaning button “automatic cleaning button” in combination with other switches and buttons as described in [0129]-[0131], the cleaning button being configured to, in response to an actuation of the cleaning button, cause the elongated shaft to move relative to the longitudinal axis from an insertion position from a protruded position as described in [0120]-[0121] and [0143]-[0144], wherein the distal lens of the endoscopic instrument is located within a patient, to a cleaning position via wires in [0073]-[0074], wherein the distal lens of the endoscopic instrument is fully retracted from within the patient.
As to claims 11-19, however Yamamoto does not specifically disclose retraction from within the patient. Onikubo teaches in the analogous field of endoscopy wherein retraction can occur fully prior to cleaning in [0005]. It would have been obvious to one of ordinary skill in the art to provide the method of Yamamoto with full retraction from within the patient prior to cleaning as taught by Onikubo in order to fulfill the same function of cleaning with predictable results.
However Yamamoto does not specifically disclose retraction from within the patient in response to the actuation of the cleaning button. Ding teaches in the analogous field of endoscopy wherein retraction can occur manually or automatically prior to cleaning in [0033]. It would have been obvious to one of ordinary skill in the art to provide the method of Yamamoto with automatic retraction prior to cleaning as taught by Ding in order to fulfill the same function of cleaning with predictable results.
Additionally Yamamoto does not specifically disclose articulation following retraction fully from within the patient and in response to receiving input. Naito teaches in the analogous field of endoscopy wherein articulation in [0064] and Fig. 1 wherein articulation input via (14) in [0064] can occur independently to any arbitrary cleaning position as well as cleaning in response to an activation button via (15, 16) in [0064]. It would have been obvious to one of ordinary skill in the art at the time of invention wherein the method of Yamamoto in response to receiving input can be provided with both articulation and cleaning steps during operation at any point as desired, including sequentially following retraction, and that cleaning is in response to receiving input as taught by Naito wherein the input means can be performed sequentially in any order.
As to Claim 12 in particular, Yamamoto discloses the robotic surgical system of claim 11, wherein a distal portion of the elongated shaft is movable relative to a proximal portion of the elongated shaft via wires in [0073]-[0074], when a longitudinal axis of the distal portion is angled relative to a longitudinal axis of the proximal portion.
As to Claim 13 in particular, Yamamoto discloses the robotic surgical system of claim 12, wherein the distal portion is coaxial with the proximal position when the elongated shaft is in the insertion position as shown in Fig. 3D.
As to Claim 14 in particular, Yamamoto discloses the robotic surgical system of claim 11, wherein the control pad includes an endoscope translation button that is operably coupled to the endoscope drive unit and configured to cause the endoscope drive unit to axially translate “protrude” in [0120]-[0121] and [0143]-[0144] relative to the control drive unit in response to an actuation of the endoscope translation button.
As to Claim 15 in particular, Yamamoto discloses the robotic surgical system of claim 14, wherein, when the endoscopic instrument is disposed in a retracted position as shown in Fig. 6D upon actuation of the endoscope translation button, the endoscope drive unit is distally advanced out of the control drive unit for advancing the endoscopic instrument through a surgical portal assembly and into a patient as shown in Fig. 6C.
As to Claim 16 in particular, Yamamoto discloses the robotic surgical system of claim 15, wherein the control drive unit further includes a support bar assembly “endoscope holder” in Fig. 4A that supports the surgical portal assembly.
As to Claim 17 in particular, Yamamoto discloses the robotic surgical system of claim 16, wherein the support bar assembly supports the control pad on a first side of the support bar assembly as shown in Fig. 4A.
As to Claim 18 in particular, Yamamoto discloses the robotic surgical system of claim 17, wherein the support bar assembly supports a second control pad “a knob-type switch” in [0057] on a second side of the support bar assembly.
As to Claim 19 in particular, Yamamoto discloses the robotic surgical system of claim 18, wherein the second control pad has a second cleaning button “automatic cleaning button” in combination with other switches and buttons as described in [0129]-[0131] that is actuatable to control the endoscopic instrument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the enclosed 892 form. 20190029770, 20070225566, and 20030073955 are cited to show similar input means for retraction/articulation/movement and cleaning. The prior art should be considered to define the claims over the art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM B CHOU whose telephone number is (571) 270-3367. The examiner can normally be reached on M-F 9 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached on (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOU/
Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795