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 .
Claim Rejections - 35 USC § 103
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 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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 4, 5, 12, 13, 15-19, 21, 23-27, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Barakat et al (US 20210307850).
Regarding claim 1, Barakat et al (hereafter Barakat) discloses an adjustment device for positioning a uterine manipulator, the adjustment device comprising: a first motor assembly comprising a first housing (carriage, 510, paragraph 0105), an arcuate movement mechanism (505) coupled to the first housing (510) and comprising a support component (505) that defines an arcuate track and that is movable through the first housing along an arcuate path defined by the adjustment device (figure 6, figure 7), and a first motor (paragraph 0105, motor, 121) coupled to the first housing and configured to drive an arcuate motion of the arcuate movement mechanism (paragraph 0105), and a second assembly coupled to the first motor assembly and comprising a second housing (520) that is secured to the support component (505) of the first motor assembly, and a rotational mechanism comprising a device coupling member (520) of the second motor assembly, the device coupling member including a rotational element (525), wherein the rotational element is secured to the second housing and is configured to be secured to the uterine manipulator (530) such that the rotational element and the uterine manipulator, when secured thereto, are movable along the arcuate path and rotatable with respect to the support component (paragraph 0102). Barakat further teaches various motor drivers can control the x, y axis, as well as the rotation and in/out movement of the end effector (paragraph 0100), wherein the motors are enclosed by the remote machine (paragraph 0038) too manipulate the end effector based on user instructions. Therefore, it would have been obvious to one with ordinary skill in the art at the time of the invention to specifically include a second motor coupled to the second housing and configured to drive a rotational motion of the rotational mechanism, as taught by Barakat, in order to adjust the x, y, and z axes of the end effector by a controller based on user instructions.
Regarding claim 2, Barakat teaches all of the limitations set forth in claim 1, wherein the adjustment device is configured to be fixedly attached to a positioning arm (535) of a uterine positioning system (figure 5).
Regarding claim 4, Barakat teaches all of the limitations set forth in claim 1, further comprising internal electronics (110) that are configured to effect wireless or wired communication with a remote controller (paragraph 0004).
Regarding claim 5, Barakat teaches all of the limitations set forth in claim 1, further comprising a remote control unit (120) that is configured to power and control one or more movement mechanisms of the adjustment device (paragraph 0039).
Regarding claim 12, Barakat teaches all of the limitations set forth in claim 1, further comprising a translation assembly that is coupled to and causes linear movement of the support component (figures 11A-11C).
Regarding claim 13, Barakat teaches all of the limitations set forth in claim 1, wherein the adjustment device is configured to maintain rotation of a shaft of the uterine manipulator around a reference point as the support component moves along the arcuate path, wherein the reference point is located at a patient's cervix (paragraph 0046, this limitation is a functional limitation. As long as the prior art is capable of performing the recited functions, the prior art meets the limitations. The uterine manipulator can be located at a patients cervix to meet the limitations.)
Regarding claim 15, Barakat teaches all of the limitations set forth in claim 1, wherein the adjustment device is configured such that rotation of the uterine manipulator by the rotational element is maintained about a reference point (paragraph 0046, this limitation is a functional limitation. As long as the prior art is capable of performing the recited functions, the prior art meets the limitations).
Regarding claim 16, Barakat teaches all of the limitations set forth in claim 15, wherein the reference point is located at a patient's cervix, and wherein an axis of the second motor intersects the reference point (paragraph 0046, this limitation is a functional limitation. As long as the prior art is capable of performing the recited functions, the prior art meets the limitations. The device or patient can be positioned such that the modified second motor can intersect the arbitrary reference point).
Regarding claim 17, Barakat teaches a positioning system comprising: a positioning arm (535); and an adjustment device supported on the positioning arm for positioning a uterine manipulator (530), the adjustment device comprising: a first motor assembly comprising a first housing (carriage, 510, paragraph 0105), an arcuate movement mechanism (505) coupled to the first housing (510) and comprising a support component (505) that defines an arcuate track and that is movable through the first housing along an arcuate path defined by the adjustment device (figure 6, figure 7), and a first motor (paragraph 0105, motor) coupled to the first housing and configured to drive an arcuate motion of the arcuate movement mechanism (paragraph 0105), and a second assembly coupled to the first motor assembly and comprising a second housing (520) that is secured to the support component (505) of the first motor assembly, and a rotational mechanism comprising a device coupling member (520) of the second motor assembly, the device coupling member including a rotational element (525), wherein the rotational element is secured to the second housing and is configured to be secured to the uterine manipulator (530) such that the rotational element and the uterine manipulator, when secured thereto, are movable along the arcuate path and rotatable with respect to the support component (paragraph 0102). Barakat further teaches various motor drivers can control the x, y axis, as well as the rotation and in/out movement of the end effector (paragraph 0100), wherein the motors are enclosed by the remote machine (paragraph 0038) too manipulate the end effector based on user instructions. Therefore, it would have been obvious to one with ordinary skill in the art at the time of the invention to specifically include a second motor coupled to the second housing and configured to drive a rotational motion of the rotational mechanism, as taught by Barakat, in order to adjust the x, y, and z axes of the end effector by a controller based on user instructions.
Regarding claim 18, Barakat teaches a positioning system of claim 17, wherein the positioning arm defines a global position of the adjustment device and wherein the adjustment device defines a local position of the uterine manipulator (paragraph 0004).
Regarding claim 19, Barakat teaches a positioning system of claim 17, further comprising: a remote controller (120); and a control box (110) that communicates with the remote controller (paragraph 0033, 0035).
Regarding claim 21, Barakat teaches a positioning system of claim 1, wherein the second motor assembly would be mounted to a support base (515) of the support component at an opening in the support base (figure 5).
Regarding claim 23, Barakat teaches a positioning system of claim 21, wherein the rotational mechanism further comprises a connecting rod (lead screw, spline shaft, figure 10) extending from the second housing through the opening in the support base to the device coupling member (paragraph 0106).
Regarding claim 24, Barakat teaches a positioning system of claim 23, wherein the connecting rod is rotationally drivable by the second motor, and wherein the device coupling member is fixedly attached to and surrounds the connecting rod such that rotation of the connecting rod causes rotation of the device coupling member (paragraph 0106, figure 10).
Regarding claim 25, Barakat teaches a positioning system of claim 1, wherein the rotational element of the device coupling member comprises a support arm (515 or spline shaft, paragraph 0106) of the device coupling member.
Regarding claim 26, Barakat teaches a positioning system of claim 25, wherein the support arm is oriented at an acute angle (y) with respect to an axis of the second motor to cause a shaft of the uterine manipulator to intersect a reference point located at a patient's cervix. (paragraph 0046, this limitation is a functional limitation. As long as the prior art is capable of performing the recited functions, the prior art meets the limitations. The device or patient can be positioned such that the modified second motor can have an axis that intersects the arbitrary reference point)
Regarding claim 27, Barakat teaches a positioning system of claim 1, wherein the first motor assembly comprises an intermediate motor assembly, wherein the second motor assembly comprises an upper motor assembly, wherein Barakat further teaches an additional motor assembly that is operable to effect a horizontal linear motion of the uterine manipulator (paragraph 0100). Therefore, it would have been further obvious to one with ordinary skill in the art at the time of the invention to include a lower motor assembly to effect horizontal linear motion of the uterine manipulator in order to move the end effector translationally along both the X and Y axes.
Regarding claim 29, Barakat teaches a positioning system of claim 1, wherein Barakat teaches enclosing the motors (paragraph 0038). Therefore, it would have been obvious to one with ordinary skill in the art at the time of the invention to make the first motor is located within the first housing, and the second motor is located within the second housing, since it has been held that rearranging the essential working parts of an invention involves routine skill in the art.
Allowable Subject Matter
Claims 22 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art (see above) teaches all of the limitations set forth in claims 21 and 27, however no reference could be found that teaches or suggests the combination of claims 21 and 27, respectively, wherein the claimed device coupling member includes a stopping element, and wherein the support base includes two positional stoppers that are located oppositely with respect to an axis of the second motor such that the stopping element is configured to abut a positional stopper when the device coupling member reaches a certain degree of rotation to limit a rotational extent of the device coupling member or the claimed lower motor assembly is fixedly attached to a positioning arm of a uterine positioning system, wherein the intermediate motor assembly is fixedly attached to the lower motor assembly, and wherein the upper motor assembly is fixedly attached to the intermediate motor assembly, since there is no teaching, suggestion, or motivation to produce the claimed invention.
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 ANH TIEU DANG whose telephone number is (571)270-3221. The examiner can normally be reached Monday-Thursday (9am-4pm 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, Darwin Erezo can be reached at (571) 272-4695. 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.
/ANH T DANG/Primary Examiner, Art Unit 3771
Prosecution Insights