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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/13/2022, 06/05/2024, 09/07/2024, and 08/28/2025 are being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species A2 (as shown in Figures 7-16 and 18-19) in the reply filed on 12/01/2025 is acknowledged. The traversal is on the ground(s) that Wang (US PG Pub 2015/0352728 A1) does not teach all the limitations of amended claim 1 and is generic to species 1A and 1B, thereby complying with the requirements of unity of invention. This is not found persuasive because the shared technical features in amended claim 1 are not special technical features because those features are known in the art as evidenced by the anticipation rejection of claim 1 presented below (see Claim Rejections - 35 USC § 102). Instant claim 6 has been withdrawn, but instant claim 5 is also directed to species 1A as shown in Figures 2-6 and 17. The Specification at page 7 discloses claim 5’s language as being associated with Figures 2-4:
Fig. 3 and Fig. 4 respectively show a schematic structural diagram and a top view of the drive transmission mechanism 130 according to some embodiments of the present disclosure. In some embodiments, as shown in Figs. 2-4, the drive transmission mechanism 130may include a planar link mechanism. The planar link mechanism may include a first connecting rod 131, a second connecting rod 132, a third connecting rod 133, a fourth connecting rod 134, a fifth connecting rod 135, a first input shaft 137, and a second input shaft 138. The first connecting rod 131 is fixedly disposed, and the first input shaft 137 and the second input shaft 138 are rotatably disposed on the first connecting rod 131. One end of the second connecting rod 132 is fixedly connected to the first input shaft 137, and the other end of the second connecting rod 132 is hinged to one end of the third connecting rod 133. One end of the fifth connecting rod 135 is fixedly connected to the second input shaft 138, and the other end of the fifth connecting rod 135 is hinged to one end of the fourth connecting rod 134.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/01/2025.
Status of Claims
Claims 1 and 3-20 are currently pending. Claim 2 is canceled. Claims 5-6 are withdrawn as directed to a non-elected invention. As per the amendments filed on 12/01/2025, claim 1 is amended. Therefore, claims 1, 3-4, and 7-20 are under examination.
Priority
The instant application (filed on 12/13/2022) is a national stage of PCT/CN2021/080946 (filed on 03/16/2021), filed under 35 USC 371. Acknowledgment is made of applicant's claim for foreign priority based on applications CN202010618751.5, CN202010617404.0, CN202010618747.9, and CN202010623370.6 filed in the People’s Republic of China on 06/30/2020. Instant claims 1, 3-4, and 7-20 are represented within the listed foreign applications (see attached translations from PE2E Search used by the Examiner to interpret those applications). Therefore, the effective filing date of instant claims 1, 3-4, and 7-20 is 06/30/2020 and all prior art will be examined with respect to this date.
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.
(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, 3-4, and 17-19 are rejected under U.S.C 102(a)(1) and U.S.C 102(a)(2) as being anticipated by Wang (US PG Pub 2015/0352728 A1, see previously cited).
Regarding Claim 1, Wang discloses a continuum instrument ([0002]), comprising:
• at least one proximal continuum (Fig. 10, [0102] - proximal structure of the first continuum, 3, and proximal structure of the second continuum, 19) comprising:
a proximal base disk ([0084] – proximal disc or [0087] locking disc of drive structure),
a first proximal stop disk ([0084] – proximal disc of a first continuum),
a second proximal stop disk ([0084] – proximal disc of a second continuum),
Note any number of proximal continuum structures can be part of the overall proximal structure with locking discs in each continuum ([0084] - “Such flexible continuum mechanical structures can be sequentially and serially connected to form a plurality of continuum mechanical structures, i.e., a plurality of proximal structures and/or a plurality of distal structures can be sequentially and serially connected […] backbones of the second continuum mechanical structure are firstly and fixedly connected with the distal locking disc of the second continuum mechanical structure”)
a plurality of proximal structural backbones (Fig. 10, [0102] – “backbones 6 of the
first continuum mechanical structure plus the number of backbones 20 of the second continuum mechanical structure”), and
a plurality of proximal drive backbones ([0086]),
proximal ends of the plurality of proximal drive backbones being fixedly connected to the second proximal stop disk ([0102] – “Backbones 20 … are fixedly connected onto a proximal locking disc 24 of the second continuum mechanical structure”),
the plurality of proximal drive backbones passing through the first proximal stop disk ([0102] – “Backbones 20 … then sequentially pass through the … the proximal structure 3 of the first continuum mechanical structure (including a proximal locking disc 11 and proximal spacer discs 10 of the first continuum mechanical structure)”),
and distal ends of the plurality of proximal drive backbones being fixedly connected to the proximal base disk ([0081] – all proximal locking disk have fixed backbones fixed: “the diameter of partial or all holes in the proximal locking disc is slightly smaller than the outer diameter of the backbones such that partial or all backbones cannot slide relative to the locking disc”; [0086] – “the diameter of partial or all holes in the locking disc of the driving structure is slightly smaller than the outer diameter of the driving backbones such that partial or all driving backbones cannot slide relative to the locking disc of the driving structure”);
proximal ends of the plurality of proximal structural backbones being fixedly connected to the first proximal stop disk ([0081] – all proximal locking disk have fixed backbones fixed: “the diameter of partial or all holes in the proximal locking disc is slightly smaller than the outer diameter of the backbones such that partial or all backbones cannot slide relative to the locking disc”);
• at least one distal continuum (first distal structure 1 and second distal structure 18) comprising a distal stop disk (distal locking disc 21) and a plurality of distal structural backbones (distal backbones 20),
the plurality of distal structural backbones being connected to or integrally formed with the plurality of proximal structural backbones ([0102] – backbones 20 integrally formed to span the distal to proximal length of the continuum), and
distal ends of the plurality of distal structural backbones being fixedly connected to the distal stop disk (Fig 10, [0102] – “Backbones 20 of the second continuum mechanical structure firstly and fixedly connected with a distal locking disc 21 of the second continuum mechanical structure”); and
• a drive transmission mechanism ([0105] – driving structure);
an output end of the drive transmission mechanism being connected to the second proximal stop disk and for driving the second proximal stop disk to move so as to drive the proximal drive backbones to bend ([0105] - Pin holes 252, pin holes 132 and pin holes 161 used for connecting with the second proximal locking disc 24, the first proximal locking disc 11 and the cannulae fixation plate 9 are respectively formed in the second locking disc of the driving structure 25, the first locking disc of the driving structure 13 and the fixation disc of the driving structure 16; [0106] – enables bending motions),
such that the first proximal stop disk is driven to turn by the bending of the proximal drive backbones ([0097] - bending of backbones caused by motors),
thereby driving the distal continuum to bend by means of the proximal structural backbones and the distal structural backbones ([0097] - bending of backbones caused by motors).
Therefore, Claim 1 is anticipated by Wang.
Regarding Claim 3, Wang anticipates the continuum instrument according to Claim 1, as indicated hereinabove. Wang further discloses:
• wherein the output end of the drive transmission mechanism comprises a sliding pin, the second proximal stop disk comprises a guide hole ([0105] – connection between the driving structure and proximal drive disk: “Pin holes 252, pin holes 132 and pin holes 161 used for connecting with the second proximal locking disc 24, the first proximal locking disc 11 and the cannulae fixation plate 9 are respectively formed in the second locking disc of the driving structure 25, the first locking disc of the driving structure 13 and the fixation disc of the driving structure 16”), and the sliding pin is disposed in the guide hole and is connected to the second proximal stop disk by means of at least one of a cylindrical pair, a moving pair and a rotating pair (Fig. 12-13, [0105] – two cylindrical elements joining forming the drive connection); or
• the output end of the drive transmission mechanism comprises an annular shaft, which is sleeved on the outer periphery of the second proximal stop disk and is connected to the second proximal stop disk by means of at least one of a cylindrical pair, a moving pair and a rotating pair (this limitation is interpreted as pertaining to the non-elected species in claims 5 and 6)
Therefore, Claim 3 is anticipated by Wang.
Regarding Claim 4, Wang anticipates the continuum instrument according to Claim 1, as indicated hereinabove. Wang discloses:
a drive connection part comprising at least one joint the at least one joint including at least one of a cylindrical pair, a moving pair, and a rotating pair (Figs. 12-13, [0105] – two cylindrical elements joining forming the drive connection);
a distal end of the at least one joint being connected to the second proximal stop disk by means of at least one of a cylindrical pair, a moving pair, a rotating pair and fixed connection, and a proximal end of the at least one joint forming an input end ([0105] – connection between the driving structure and proximal drive disk: “Pin holes 252, pin holes 132 and pin holes 161 used for connecting with the second proximal locking disc 24, the first proximal locking disc 11 and the cannulae fixation plate 9 are respectively formed in the second locking disc of the driving structure 25, the first locking disc of the driving structure 13 and the fixation disc of the driving structure 16”).
Therefore, Claim 4 is anticipated by Wang.
Regarding Claim 17, Wang anticipates the continuum instrument according to Claim 1, as indicated hereinabove. Wang further discloses wherein the distal continuum further comprises:
• a distal base disk ([0080] - distal locking and distal spacer discs),
the continuum instrument further comprises a structural backbone guide tube bundle ([0082] – cannulae as the tube bundles) connected between the proximal base disk and the distal base disk ([0082] – “The backbones continuously pass through the cannulae in the connecting structure; one end of the backbones reaches into the distal structure, passes through the distal spacer discs and is fixed on the distal locking disc; and the other end of the backbones reaches into the proximal structure, passes through the proximal spacer discs and is fixed on the proximal locking disc”), and
the proximal structural backbones or the distal structural backbones pass through the proximal base disk and the structural backbone guide tube bundle ([0082] – the backbones pass through the cannulae).
Note any number of proximal continuum structures can be part of the overall proximal structure with locking discs in each continuum ([0084] - “Such flexible continuum mechanical structures can be sequentially and serially connected to form a plurality of continuum mechanical structures, i.e., a plurality of proximal structures and/or a plurality of distal structures can be sequentially and serially connected”).
Therefore, Claim 17 is anticipated by Wang.
Regarding Claim 18, Wang anticipates the continuum instrument according to Claim 17, as indicated hereinabove. Wang further discloses comprising: at least two proximal continua ([0084] - “a plurality of proximal structures […] can be sequentially and serially connected”), at least two distal continua ([0084] - “a plurality of distal structures can be sequentially and serially connected”), at least two structural backbone guide tube bundles ([0082] – plurality of cannula is incorporated), and at least two drive transmission mechanisms ([0088] – “The driving structures can also be serially connected to form a plurality of driving structures to drive the serially connected continuum mechanical structure. For example, when two proximal structures and two distal structures are serially connected to form the continuum mechanical structures, correspondingly, two driving structures can be arranged”), wherein the at least two proximal continua are connected in series or in parallel ([0084]).
Therefore, Claim 18 is anticipated by Wang.
Regarding Claim 19, Wang anticipates the continuum instrument according to Claim 18, as indicated hereinabove. Wang further discloses further comprising:
• a support (Figs. 1-13 – any structure in the proximal or distal sections could be considered as supporting the overall structure, e.g. connecting structure 2),
wherein the proximal base disks of the at least two proximal continua are respectively fixedly connected to or integrally formed with the support ([0084] – “plurality of proximal structures and/or a plurality of distal structures can be sequentially and serially connected”), and
the proximal ends of the at least two structural backbone guide tube bundles are respectively fixedly connected to the proximal base disks of corresponding proximal continua ([0082] – cannulae in connecting structures fixed to multiple fixation plates)
the at least two proximal continua ([0084] – multiple proximal structures) comprise:
a proximal continuum located at a proximal end of the support and a proximal continuum located at a distal end of said support ([0084] - “a plurality of proximal structures […] can be sequentially and serially connected”);
the structural backbone guide tube bundle corresponding to the proximal continuum located at the proximal end of the support passes through the support and a second proximal stop disk ([0082] – plurality of cannula pass through device),
a first proximal stop disk and a proximal base disk of the proximal continuum located at the distal end of the support and converges into one bundle at the same distal base disk together with the structural backbone guide tube bundle corresponding to the proximal continuum located at a distal end of the support (Fig. 1 – the connecting structure 2; [0082-0083]),
-------------------------------------------------- or-----------------------------------------------------
the structural backbone guide tube bundle corresponding to the proximal continuum located at the proximal end of the support passes through the support ([0082] – plurality of cannula pass through device), bypasses the proximal continuum located at the distal end of the support, and converges into one bundle at the same distal base disk together with the structural backbone guide tube bundle corresponding to the proximal continuum located at the distal end of the support (Fig. 1 – the connecting structure 2; [0082-0083])
the distal base disk is fixedly connected to or integrally formed with the support (Figs. 1-13 – any structure in the proximal or distal sections could be considered as supporting the overall structure, including the distal base disk; [0084] – for distal structure combinations);
and the at least two drive transmission mechanisms are respectively disposed at the proximal end and the distal end of the support (Figs. 1-13 – any structure in the drive transmissions section could be considered as supporting the overall structure; [0086-0088] for drive structure connections),
the output end of each of the drive transmission mechanisms is connected to the second proximal stop disk of corresponding proximal continuum to drive the first proximal stop disk of the proximal continuum to turn so as to drive corresponding distal continuum to bend ([0088] – serially attached drive structures are attached to the serially attached proximal and distal continua).
Therefore, Claim 19 is anticipated by Wang.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 7-12 are rejected under U.S.C 103 as being unpatentable over Wang (US PG Pub 2015/0352728 A1, see previously cited) in view of Xu (WO 2018/041203 A1, see “Notice of References Cited”), referred to as Xu ‘203 in this office action. Note a machine translation via PE2E Search was used to interpret the disclosure in Xu ‘203 (see attached copy of the Description translation with line numbers added by the Examiner for the purpose of citing selections within the reference).
Regarding Claim 7, Wang anticipates the continuum instrument according to Claim 3, as indicated hereinabove. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Xu ‘203, in the same field of endeavor of a flexible surgical tool using a continuum structure (page 2, lines 11-28), teaches the drive transmission mechanism comprises a gear and sliding groove mechanism (page 14, lines 7-28 – gears and slide mechanisms discussed), which comprises:
• a first rotatable member (222a) configured to be driven by a first drive member (221a) to rotate (Figs. 17-19, page 14, lines 7-28 – “Each of the driving gears 221a meshes with the first driven ring gear 222a and the second driven ring gear 223a, respectively, and drives the rotation thereof”);
• a moving member (cam 229a) configured to be driven by the first rotatable member to rotate (page 14, lines 29-43 – “When the driving gear 221a drives the first driven ring gear 222a to rotate, the cam 229a that is fastened thereto is rotated”),
a center of rotation of the moving member being offset from a center of rotation of the first rotatable member (Figure 19 – elements 222a and 229a are displaced from each other where the center points would be similarly displaced),
the moving member being provided with a first sliding guide portion (page 14, lines 29-43 – “When the driving gear 221a drives the first driven ring gear 222a to rotate, the cam 229a that is fastened thereto is rotated, so that the roller 228a slides in the cam groove 231a”);
• a second rotatable member (223a) coaxially disposed with the first rotatable member (Figure 18 shows 222a and 223a coaxially disposed) and configured to be driven by a second drive member (221a) to rotate relative to the first rotatable member (Figs. 17-19, page 14, lines 7-28 – “Each of the driving gears 221a meshes with the first driven ring gear 222a and the second driven ring gear 223a, respectively, and drives the rotation thereof”);
the second rotatable member being provided with a second sliding guide portion (227a; page 14, lines 7-28 – “the second driven ring gear 223a, the transmission shaft 226a, and the rotating drive plate 224a are integrally fastened with the support plate 225a. The support plate 225a is rotatably coupled to the cam drive mechanism substrate 236a, and cam 229a is rotatably coupled to the rotary drive plate 224a. The slider 227a is fastened to the push rod 18 232a and axially slidably coupled to the drive shaft 226a and can transmit a rotational movement in the circumferential direction via rotating drive plate 224a”); and
• a sliding assembly slidably connected to the first sliding guide portion and the second sliding guide portion to slide along the first sliding guide portion and the second sliding guide portion (page 14, lines 29-43 and page 15, lines 1-22 – assembly combining the two sliding elements (227a, 228a) to produce the desired movement), the sliding assembly comprising the output end connected to the second proximal stop disk (page 15, lines 24-43 – drive motion produced by the connection between the support plate 152a, the equivalent of the second proximal stop disk, and cam gear substrate 236a, screw 251a and nut 252a, and backbones 102a).
It would have been obvious to a person of ordinary skill in the art to combine the continuum apparatus in Wang (with a generic driving mechanism) with the driving mechanism in Xu ‘203 because Xu ‘203 provides a specific drive mechanism used to produce a distinct type of rotational motion in a continuum instrument. Each element performs the same function separately and would merely need a connection to be made at the level of the second proximal stop disk. This connection could be predictably applied to the continuum instrument in Wang to install the drive mechanism in Xu ‘203.
Therefore, Claim 7 is obvious over Wang in view of Xu ‘203.
Regarding Claim 8, the continuum instrument according to claim 7 is obvious over Wang in view of Xu ‘203. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘203 further teaches the moving member comprises:
• a meshing portion for meshing with the first rotatable member (page 14, lines 7-28 – “The first 13 driven ring gear 222a is tightly coupled to the cam 229a, and the cam 229a is rotatably coupled to 14 the cam gear mechanism substrate 236a”); and
• an inner peripheral surface of the first rotatable member is provided with inner ring teeth,
the meshing portion comprises teeth disposed on an outer peripheral surface of the moving member (page 9, lines 18-43 – a planetary gear mechanism can be used to transmit rotational motion from a gear with teeth on an interior surface to an interior structure with teeth on the outer surface), and
the teeth on the outer peripheral surface of the moving member mesh with the inner ring teeth of the first rotatable member so as to drive the moving member to rotate (page 9, lines 18-43 – a planetary gear mechanism can be used to transmit rotational motion from a gear with teeth on an interior surface to an interior structure with teeth on the outer surface).
Therefore, Claim 8 is obvious over Wang in view of Xu ‘203.
Regarding Claim 9, the continuum instrument according to claim 8 is obvious over Wang in view of Xu ‘203. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘203 further teaches wherein the gear and sliding groove mechanism further comprises a rotating shaft (page 14, lines 29-43 and page 15, lines 1-22 – element 226a), which has a proximal end fixedly connected to the moving member (Fig. 19 – shaft 226a spans the length of the continuum and connects to sliding element 227a, which is attached to the moving member) and a distal end rotatably connected to the second rotatable member (Fig. 19 – shaft 226a spans the length of the continuum and connects to 224a and 223a more distally).
Therefore, Claim 9 is obvious over Wang in view of Xu ‘203.
Regarding Claim 10, the continuum instrument according to claim 7 is obvious over Wang in view of Xu ‘203. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘203 further teaches wherein:
• the first sliding guide portion is a first sliding groove (page 14, lines 7-28 – sliding of slider 227a along the circumferential direction), and
• the second sliding guide portion is a second sliding groove extending in a direction perpendicular to the axis of rotation of the second rotatable member (page 14, lines 7-28 – sliding of slider 227a along the axial direction); and
• the sliding assembly comprises:
- a sliding pin movably disposed in the first sliding groove and the second sliding groove in a penetrating manner (Fig. 19, page 14, lines 7-43 – rollers 228a, push rod 232a, and shaft 226a, which interact with slider 227a along the circumferential and axial axes, are depicted within slider 227a in the cross-section of Fig. 19)
- a distal end of the sliding pin being connected to the second proximal stop disk by means of at least one of a cylindrical pair, a moving pair and a rotating pair (page 15, lines 24-43 – drive motion produced by the connection between the support plate 152a, the equivalent of the second proximal stop disk, and cam gear substrate 236a, screw 251a and nut 252a, and backbones 102a).
Therefore, Claim 10 is obvious over Wang in view of Xu ‘203.
Regarding Claim 11, the continuum instrument according to claim 10 is obvious over Wang in view of Xu ‘203. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘203 further teaches wherein the sliding assembly further comprises:
• a sliding block fixedly connected to the sliding pin (Figure 19, page 14, lines 7-28 - sliding block 227a connected to sliding pin 226a)
the second rotatable member is provided with a sliding rail parallel to the second sliding groove (page 14, lines 7-28 – “A plurality of rollers 228a are fastened to the slider 227a, and the roller 228a is matched with the spiral cam groove 231a on the cam 229a to generate a pushing force in the axial direction of the transmission shaft 226a”), and
the sliding block is slidably disposed on the sliding rail (page 14, lines 7-28 - The slider 227a is fastened to the push rod 232a and axially slidably coupled to the drive shaft 226a).
Therefore, Claim 11 is obvious over Wang in view of Xu ‘203.
Regarding Claim 12, the continuum instrument according to claim 7 is obvious over Wang in view of Xu ‘203. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘203 further teaches wherein:
• the first sliding guide portion is a first sliding rail (Fig. 19, page 14, lines 7-43 – rotating drive plate 224a interacts with shaft 226a along the circumferential axis), and
• the second sliding guide portion is a second sliding rail (Fig. 19, page 14, lines 7-43 – rollers 228a, push rod 232a, and slider 227a interact with shaft 226a along the axial axis), and
• the sliding assembly comprises
a first sliding block (page 14, lines 7-43 - rotating drive plate 224a producing rotational motion), a second sliding block (page 14, lines 7-43 - rollers 228a, push rod 232a, and slider 227a produce the axial motion) and a sliding pin (shaft 226a),
the first sliding block being slidably disposed on the first sliding rail (Fig. 19, page 14, lines 7-43 – rotating drive plate 224a interacts with shaft 226a along the circumferential axis),
the second sliding block being slidably disposed on the second sliding rail (Fig. 19, page 14, lines 7-43 – rollers 228a, push rod 232a, and slider 227a interact with shaft 226a along the axial axis),
one of the first sliding block and the second sliding block being disposed to be movably connected to the sliding pin ((page 14, lines 7-43 - slider 227a, axial movement, is connected to shaft 226a via an intermediate such as ball splines), and
the other of the first sliding block and the second sliding block being disposed to be fixedly connected to the sliding pin (page 14, lines 7-43 - rotating drive plate 224a, rotational or circumferential movement, is connected to shaft 226a).
Therefore, Claim 12 is obvious over Wang in view of Xu ‘203.
Claims 13-16 are rejected under U.S.C 103 as being unpatentable over Wang (US PG Pub 2015/0352728 A1, see previously cited) in view of Xu (WO 2018/041205 A1, see “Notice of References Cited”), referred to as Xu ‘205 in this office action. Note a machine translation via PE2E Search was used to interpret the disclosure in Xu ‘205 (see attached copy of the Description translation with line numbers added by the Examiner for the purpose of citing selections within the reference).
Regarding Claim 13, Wang anticipates the continuum instrument according to Claim 3, as indicated hereinabove. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Xu ‘203, in the same field of endeavor of a flexible surgical tool using a continuum structure (page 2, lines 22-36), teaches wherein the drive transmission mechanism comprises:
• a gear and rack mechanism (gear 221 and rack 222), which comprises:
a first rotatable member configured to be driven by a first drive member to rotate (Fig. 5, page 9, lines 18-32 – driving gears 221 rotated);
a second rotatable member coaxially disposed with the first rotatable member and configured to be driven by a second drive member to rotate relative to the first rotatable member (Fig. 5, page 9, lines 18-32 – driving gears 221 rotating along same axis where at least three gears are visible in Fig. 5);
the second rotatable member being provided with a sliding guide portion (Fig. 5, page 9, lines 18-32 – slider 223 near rotatable member); and
• a moving assembly (Fig. 5, assembly around moving rack 222),
at least a portion of the moving assembly being slidably disposed on the sliding guide portion (Fig. 5, page 9, lines 18-32 - slider 223 is fastened to rack 222),
at least another portion of the moving assembly being disposed to move linearly along with the rotation of the first rotatable member (page 9, lines 18-32 – rack 222 moves linearly with rotational motion of gear 221), and
a distal end of the moving assembly forming the output end and being connected to the second proximal stop disk (Fig. 1 – the rack assembly is positioned on the distal end of the drive transmission mechanism near plate 105; page 8, lines 24-43 and page 9, lines 1-32 – the assembly is fixedly connected to plate 105 and is used to create distal movement in the continuum).
It would have been obvious to a person of ordinary skill in the art to combine the continuum apparatus in Wang (with a generic driving mechanism) with the driving mechanism in Xu ‘205 because Xu ‘205 provides a specific drive mechanism used to produce a distinct type of rotational motion in a continuum instrument. Each element performs the same function separately and would merely need a connection to be made at the level of the second proximal stop disk. This connection could be predictably applied to the continuum instrument in Wang to install the drive mechanism in Xu ‘205.
Therefore, Claim 13 is obvious over Wang in view of Xu ‘205.
Regarding Claim 14, the continuum instrument according to claim 13 is obvious over Wang in view of Xu ‘205. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘205 further teaches wherein the moving assembly comprises a sliding portion and a meshing portion connected to each other (page 9, lines 18-32 -
“The fixed connection plate 24 or the flexible surgical tool front end plate 105 is fixedly connected, the slider 223 is slidably connected to the guide rod 224, the slider 223 is fastened to the rack 222, and the rack 222 and the middle portion of the steering structure bone 226 are fixed”),
the sliding portion being slidably disposed on the sliding guide portion (page 9, lines 18-32 – “the slider 223 is slidably connected to the guide rod 224”) and then guided by the sliding guide portion to slide linearly relative to the second rotatable member (page 9, lines 18-32 – rack 222 meshes and moves linearly with the rotational motion of gear 221 where rack 222 is attached and moves with slider 223), and
the meshing portion being disposed to mesh with the first rotatable member so as to move linearly along with the rotation of the first rotatable member (page 9, lines 18-32 – rack 222 meshes and moves linearly with the rotational motion of gear 221).
Therefore, Claim 14 is obvious over Wang in view of Xu ‘205.
Regarding Claim 15, the continuum instrument according to claim 14 is obvious over Wang in view of Xu ‘205. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘205 further teaches:
• wherein the first rotatable member comprises a meshing gear and a first driven gear coaxially and fixedly connected to each other (page 9, lines 18-32 – rack 222 moves linearly with rotational motion of gear 221),
the meshing gear being located at a distal side of the first driven gear (Fig. 5 – the meshing gear assembly including the rack 222, slider 223, and guide rod 224 are positioned toward the distal direction relative to the driven gear 221); and the meshing portion comprises a rack which meshes with the meshing gear (page 9, lines 18-32 – rack 222 meshes and moves linearly with the rotational motion of gear 221).
Therefore, Claim 15 is obvious over Wang in view of Xu ‘205.
Regarding Claim 16, the continuum instrument according to claim 15 is obvious over Wang in view of Xu ‘205. Wang discloses a drive transmission mechanism where the output end of the drive transmission mechanism is connected to the second proximal stop disk ([0097] – motor causing the backbones to bend, [0105] – driving structure). However, Wang refers to a generic drive transmission mechanism and does not disclose the specific features in the claim language.
Regarding the drive mechanism, Xu ‘205 further teaches wherein the sliding portion comprises:
• a sliding block, the rack is disposed at a proximal end of the sliding block (page 9, lines 18-32 –rack 222 is attached and moves with slider 223),
the sliding guide portion comprises a sliding groove formed in the second rotatable member (page 9, lines 18-32 – rack 222 meshes and moves linearly with rotational motion of gear 221 where the rack 222 is attached and moves with slider 223),
the sliding block being slidably disposed in the sliding groove (page 9, lines 18-32 – rack 222 is attached and moves with slider 223),
a proximal side of the sliding block passing through the sliding groove to be fixedly connected to the rack (page 9, lines 18-32 – rack 222 is attached and moves with slider 223), and
the sliding block comprising the output end connected to the second proximal stop disk (Fig. 1 – the rack assembly is positioned on the distal end of the drive transmission mechanism near plate 105; page 8, lines 24-43 and page 9, lines 1-32 – the assembly is fixedly connected to plate 105 and is used to create distal movement in the continuum).
Therefore, Claim 16 is obvious over Wang in view of Xu ‘205.
Claim 20 is rejected under U.S.C 103 as being unpatentable over Wang (US PG Pub 2015/0352728 A1, see previously cited) in view of Kato (US PG Pub 2019/0105468 A1, see “Notice of References Cited”).
Regarding Claim 20, Wang anticipates the continuum instrument according to Claim 1, as indicated hereinabove. Wang discloses a continuum mechanical structure for medical instrumentation ([0002]), where “In application such as medical surgery or industrial intra-cavity inspection, an extremely small peripheral size is needed for constructing a multi-DOF (degree-of-freedom) and multi-bending-function instrument especially for MIS (minimally invasive surgery)” ([0004]). However, Wang does not disclose a surgical robot:
• comprising at least one surgical trolley,
• 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.
Kato, in the same field of endeavor of a continuum instrument (Fig. 1, [0044]) used for a surgical procedure ([0002]), teaches a continuum robot with bendable segments (Figs. 6-7, [0065-0069]) attached to a positioning cart 4 with a positioning arm ([0044], [0049]) where an end effector is attached to the end of the continuum device ([0050-0052]). Kato further teaches “articulated sheaths generally include one or more channels that extend along the inside of the sheath to allow access to end effectors (the actual working part of a surgical instrument or tool) located at a distal end of the sheath. Control mechanisms located at a proximal end of the sheath are configured to enable remote manipulation of the end effectors via the one or more channels” ([0003]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Wang’s continuum instrument by incorporating the surgical cart and end effector in Kato. This would have been obvious because both Wang and Kato discuss a continuum robot for surgical applications and Kato provides a solution/improvement to implement the continuum robot in Wang into a surgical setting with a cart positioned in the surgical suite and an end effector for carrying out specific surgical functions. Therefore, a person of ordinary skill in the art would be motivated to improve the device of Wang by incorporating the surgical cart and end effector in Kato.
Therefore, Claim 20 is obvious over Wang in view of Kato.
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/Benjamin A. Schmitt/
Examiner
Art Unit 3796
/ALLEN PORTER/Primary Examiner, Art Unit 3796
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