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 .
Response to Arguments
The Applicant filed Amendments to the Claims and Remarks on November 27, 2025 in response to the Examiner’s Non-Final Office Action, mailed September 15, 2025.
Amendments to the Claims
At this time, claims 1, 3, and 5-20 are pending, of which claims 6-19 are withdrawn from consideration. Claims 1 and 3 have been amended. Claim 2 is cancelled. The Applicant asserts that no new matter is added. (Remarks, pg. 9). Please note that depending claim 17 currently depends from canceled claim 2 and should be changed.
Claim Rejections
Applicant’s arguments, see Remarks, pg. 9-13, filed November 27, 2025, with respect to the rejections of claims 1-3 under 35 USC § 102(a)(2) and of claims 5 and 10 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of Wang (US 2015/0352728) and Yasunaga et al. (US 2009/0283647, hereinafter referred to as Yasunaga).
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 2015/0352728) (cited previously).
Regarding amended, independent claim 1, Wang discloses a bendable, telescopic, and flexible continuum mechanical structure. Wang further discloses a continuum instrument (flexible continuum mechanical structure 100 in Fig. 3), comprising:
at least one proximal continuum (proximal structure 3, 3’ in Figs. 3, 19) comprising a proximal stop disk (proximal locking disc 11, 11’ in Figs. 3, 19), a proximal base disk (cannulae fixation plate 9, 9’ in Figs. 3, 19) and a plurality of proximal structural backbones (backbones 6 as discussed in [0089]), proximal ends of the plurality of proximal structural backbones passing through the proximal base disk (cannulae fixation plate 9, 9’ in Figs. 3, 19; [0089]: “The backbones 6 are locked onto the distal locking disc 4, pass through the distal spacer discs 5, the cannulae 8 and the proximal spacer discs 10, and are locked onto the proximal locking disc 11. … Pin holes 112 and 92 for connecting with the driving structure are formed in the proximal locking disc 11 and the cannulae fixation plates 9.”) and being fixedly connected to the proximal stop disk ([0089]: “The backbones 6 are locked onto the distal locking disc 4, pass through the distal spacer discs 5, the cannulae 8 and the proximal spacer discs 10, and are locked onto the proximal locking disc 11.”);
at least one distal continuum (distal structure 1 in Fig. 3) comprising a distal stop disk (distal locking disc 4) and a plurality of distal structural backbones (backbones 6 as discussed in [0089]), distal ends of the plurality of distal structural backbones being fixedly connected to the distal stop disk ([0089]: “The backbones 6 are locked onto the distal locking disc 4…”), and the plurality of distal structural backbones being fixedly connected to or integrally formed with the plurality of proximal structural backbones ([0089]: “In this embodiment, the backbones 6 on the distal structure 1 and the corresponding backbones 6 on the proximal structure are the same backbones… The backbones 6 are locked onto the distal locking disc 4, pass through the distal spacer discs 5, the cannulae 8 and the proximal spacer discs 10, and are locked onto the proximal locking disc 11.”);
a drive connection part (driving structure 200’ in Fig. 19) comprising a distal drive connection structure (links 702, 701 with prismatic joint 801 and “a rotary joint (not shown in the figure) arranged between the link 701 and the cannulae fixation plate 9′” in Fig. 19; [0117]) located at a distal side of the proximal stop disk (proximal locking disc 11, 11’ in Figs. 3 and 19) and a proximal drive connection structure (links 703, 702 with rotary joint 802 and “a rotary joint (not shown in the figure) arranged between the link 703 and the proximal locking disc 11′” in Fig. 19; [0117]) located at a proximal side of the proximal stop disk, a distal end of the distal drive connection structure (links 702, 701 with prismatic joint 801 and “a rotary joint (not shown in the figure) arranged between the link 701 and the cannulae fixation plate 9′” in Fig. 19; [0117]) being connected to the proximal base disk (cannulae fixation plate 9, 9’ in Figs. 3, 19), a proximal end of the distal drive connection structure being connected to a distal end of the proximal drive connection structure (The connection structures are joined via link 702 in Fig. 19.) to form a rod-shaped connection node (prismatic joint 801 in Fig. 19), the rod-shaped connection node being configured to at least slide axially through the proximal stop disk ([0054]: “…the driving structure consists of a plurality of links and a prismatic joint and rotary joints which are arranged between the links and between the links and the proximal locking disc, the prismatic joint can drive the proximal structure to do extension and retraction motions, and the rotary joints can drive the proximal structure to do bending motions.”; [0117]: “The prismatic joint is also driven actively and is driven by the motor (not shown in the figure), so as to do extension and retraction motions in the direction pointed out in the figure to drive the first proximal structure 3′ to do extension and retraction motions.”); and
a drive transmission mechanism (motors, as described in [0097]), an output end of the drive transmission mechanism being connected to a proximal end of the proximal drive connection structure (links 703, 702 with rotary joint 802 and “a rotary joint (not shown in the figure) arranged between the link 703 and the proximal locking disc 11′” in Fig. 19; [0117]) to output a planar motion ([0117]: “The prismatic joint is also driven actively and is driven by the motor (not shown in the figure), so as to do extension and retraction motions in the direction pointed out in the figure to drive the first proximal structure 3′ to do extension and retraction motions.”), the output end being configured to drive the rod-shaped connection node (centered at prismatic joint 801 in Fig. 19) by means of the proximal drive connection structure (links 703, 702 with rotary joint 802 and “a rotary joint (not shown in the figure) arranged between the link 703 and the proximal locking disc 11′” in Fig. 19; [0117]) such that the proximal stop disk (proximal locking disc 11, 11’ in Figs. 3 and 19) turns to drive the distal continuum to bend by means of the proximal structural backbones and the distal structural backbones ([0093]: “When the driving structure …is driven by motors or manually to be bent and/or extended and refracted towards any direction, the proximal structure 3 is correspondingly bent, extended and retracted towards any direction. Since the length of the backbones 6 is measurable, estimable or constant, the proximal structure is also correspondingly bent, extended and retracted towards any direction…”; [0117]).
Regarding amended claim 3, Wang discloses that the proximal drive connection structure (links 703, 702 with rotary joint 802 and “a rotary joint (not shown in the figure) arranged between the link 703 and the proximal locking disc 11′” in Fig. 19; [0117]) of the drive connection part (driving structure 200’ in Fig. 19) comprises at least one proximal universal coupling joint (link 703, 702 with prismatic joint 801 in Fig. 19; The Examiner notes that the rotary joints and prismatic joints as discussed in [0115]-[0119] are functionally analogous to universal coupling joints.; [0115]-[0119] discuss these in regards to driving structure 200’ in Fig. 19) or proximal spherical hinge joint, the distal drive connection structure (links 702, 701 with prismatic joint 801 and “a rotary joint (not shown in the figure) arranged between the link 701 and the cannulae fixation plate 9′” in Fig. 19; [0117]) of the drive connection part (driving structure 200’ in Fig. 19) comprises at least one distal universal coupling joint (link 702, 701 with prismatic joint 801 in Fig. 19; The Examiner notes that the rotary joints and prismatic joints as discussed in [0115]-[0119] are functionally analogous to universal coupling joints.) or distal spherical hinge joint, a distal link rod (link 701 in Fig. 19) of the distal universal coupling joint or distal spherical hinge joint being connected to the proximal base disk (cannulae fixation plate 9, 9’ in Figs. 3, 19), a proximal link rod (link 702 in Fig. 19) of the at least one distal universal coupling joint or distal spherical hinge joint being connected to a distal link rod (link 702 in Fig. 19) of the proximal universal coupling joint or proximal spherical hinge joint to form the rod-shaped connection node (centered at prismatic joint 801 in Fig. 19), a proximal link rod (link 703 in Fig. 19) of the proximal universal coupling joint or proximal spherical hinge joint being connected to the output end of the drive transmission mechanism to receive the planar motion ([0117]: “The prismatic joint is also driven actively and is driven by the motor (not shown in the figure), so as to do extension and retraction motions in the direction pointed out in the figure to drive the first proximal structure 3′ to do extension and retraction motions.”); or
the distal drive connection structure (links 702, 701 with prismatic joint 801 and “a rotary joint (not shown in the figure) arranged between the link 701 and the cannulae fixation plate 9′” in Fig. 19; [0117]) of the drive connection part (driving structure 200’ in Fig. 19) comprises at least one distal hinge joint comprising a first link rod and a second link rod hingedly connected to each other, the proximal drive connection structure (links 703, 702 with rotary joint 802 and “a rotary joint (not shown in the figure) arranged between the link 703 and the proximal locking disc 11′” in Fig. 19; [0117]) of the drive connection part (driving structure 200’ in Fig. 19) comprises at least one proximal hinge joint comprising a third link rod and a fourth link rod hingedly connected to each other, a distal end of the first link rod being connected to the proximal base disk (proximal spacer discs 10 in Figs. 1-4B; as discussed in [0091]), a proximal end of the second link rod being connected to a distal end of the third link rod to form the rod-shaped connection node (centered at prismatic joint 801 in Fig. 19), a proximal end of the fourth link rod being connected to the output end of the drive transmission mechanism to receive the planar motion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wang.
Regarding claim 5, Wang discloses that the drive transmission mechanism (motors, as described in [0097]).
Wang is not specific that the drive transmission mechanism comprises a planar link mechanism, which comprises a first connecting rod, a second connecting rod, a third connecting rod, a fourth connecting rod, a fifth connecting rod, a first input shaft, and a second input shaft; and
the first connecting rod is fixedly disposed, and the first input shaft and the second input shaft are rotatably disposed on the first connecting rod; one end of the second connecting rod is fixedly connected to the first input shaft, and the other end of the second connecting rod is hinged to one end of the third connecting rod; one end of the fifth connecting rod is fixedly connected to the second input shaft, and the other end of the fifth connecting rod is hinged to one end of the fourth connecting rod; the other end of the fourth connecting rod is hinged to the other end of the third connecting rod, and the other end of the third connecting rod and the other end of the fourth connecting rod are connected to the input end of the drive connection part.
However, the Examiner notes that paragraphs [0093], [0097], and [0117] of Wang disclose that any of its drive transmission mechanism (motors, as described in [0097]) can be configured to output a planar motion to drive the drive connection part to turn the proximal stop disk. The combinations of “linear motion realized by motors” ([0117]), that the “driving backbones 15 can bend, extend and retract the driving structure towards any direction” ([0117]) and the rotary and prismatic joints’ degrees of freedom would suggest to a person having ordinary skill in the art at the effective filing date of the invention that planar motion is accomplished by the components of Wang. ([0093]; [0097]: “The driving backbones 15 are actuated through the linear motion realized by motors… and the motion combination of the driving backbones 15 can bend, extend and retract the driving structure towards any direction.”; [0117]: “…wherein the rotary joint arranged between the link 703 and the proximal locking disc 11′ is a passive rotary joint, and the other rotary joints are active joints and each are driven by a motor (not shown in the figure) to rotate. Each of the rotary joints can rotate in the direction indicated by the arrow shown in the figure [19], so as to drive the first proximal structure 3′ to do bending motions. The prismatic joint is also driven actively and is driven by the motor (not shown in the figure), so as to do extension and retraction motions in the direction pointed out in the figure to drive the first proximal structure 3′ to do extension and retraction motions.”). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to understand that the Wang components discussed above are of similar endeavor to the instant application’s planar link mechanism and thus can be considered analogous.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Yasunaga et al. (US 2009/0283647, hereinafter referred to as Yasunaga).
Regarding independent claim 20, Wang discloses at least one continuum instrument (flexible continuum mechanical structure 100 in Fig. 3).
Wang is silent to a surgical robot, comprising at least one surgical trolley, at least one positioning arm, and at least one surgical instrument, wherein the at least one surgical instrument comprises at least one continuum instrument according to claim 1 and an end device disposed at a distal end of the continuum instrument; and
the at least one positioning arm is movably disposed on the at least one surgical trolley, and the at least one surgical instrument is disposed at a distal end of the at least one positioning arm.
However, Yasunaga teaches a supporting apparatus for a medical instrument. Yasunaga further teaches a surgical robot (medical instrument supporting apparatus 10 in Figs. 1-3), comprising at least one surgical trolley ([0009], [0072]: “…a medical trolley…”), at least one positioning arm (arm 14 in Fig. 1), and at least one surgical instrument (medical instrument 8 in Fig. 1), wherein the at least one surgical instrument comprises at least one continuum instrument according to claim 1 and an end device disposed at a distal end of the continuum instrument; and
the at least one positioning arm is movably disposed on the at least one surgical trolley, and the at least one surgical instrument is disposed at a distal end of the at least one positioning arm ([0009]: “…the arm being configured to move the support portion in horizontal directions and vertical directions relative to the support column…”).
Yasunaga is in a similar field of endeavor to both the instant application and Wang (surgical instruments). It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the invention disclosed by Wang to include these components, such that the surgical robot taught by Yasunaga is better able to position the surgical instrument for use in surgery.
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 MARY G SCHLUETER whose telephone number is (703)756-4601. The examiner can normally be reached M-F 9:00am-5:30pm EST.
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, Carl Layno can be reached at (571) 272-4949. 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.
/M.G.S./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
Prosecution Insights