DETAILED ACTION
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.
Claim Objections
Claim 19 is objected to because of the following informalities: line 2 should be amended to -pump fluids and material through [[the]] a catheter-. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: line 2 should be amended to - system in order to control [[the]] a wire extension inside the target body part,-. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: line 2 should be amended to - comprises a garage alike structure in order to store the [[micro-robot]] microrobot-. Appropriate correction is required.
Claim 28 is objected to because of the following informalities:
line 11 should be amended to - inserting [[the]] a distal end of the flexible elongated element inside the channel of the cap,-.
line 14 should be amended to - monitoring [[the]] a wire extension through the target body part,-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 28-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 28:
The claim is unclear because of the limitation “securing, if necessary, one end of the wire to the cap, securing, if necessary, the other end of the wire to the microrobot,” (emphasis added by the examiner) in lines 7-8. The phrase “if necessary” is unclear because it raises a question of if the step is required by the claim. For the sake of examination, the office has assumed the claim step is required however the applicant should amend the claim to clarify.
Claims 29-30 are rejected due to their dependence on claim 28.
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.
Claims 16-18, 20, 22-25 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2018006046 A1 to Barbagli et al. (Barbagli).
Barbagli discloses:
Regarding claim 16:
A delivery and gathering system (figure 2-3B) aimed at delivering or gathering material, energy, information or structural elements (see the needle 226, lumens 236 or sensor 220) from or to at least one target point inside a target body part (trachea and bronchial tubes as indicated in ¶0059) of a patient (“P”), the system comprising:
a microrobot (bending/controllable end 218/219 as show in figure 2) configured to navigate inside the target body part and aimed at navigating towards the at least one target point (as shown in figures 3a/3b with the assembly extending into the trachea and bronchial tubes as indicated in ¶0059),
a cap (204/304) aimed at being secured to either a securing element (306) secured to a securing body part of the patient (306/308 are secured to the patient via the table and floor or directly to the patient to hold the cap 204/304 relative to the patient), or directly to the securing body part, the cap (204/304) comprising a channel (226 or lumens 236) which enables to introduce elements or element parts into the target body part, or enables to remove elements or element parts from inside the target body part (needles 226 or the lumens 236 supply or remove material to the patient or target body part),
a wire (208) connected to the microrobot (218/219) on one end and to the cap (204/304) on the other end (as shown in figure 2 and described in ¶0049 the wire is connected to 204 and end 218 to cause it to bend),
a control unit (102/231/230/240/232/110) configured to communicate with the cap (204/304) (as shown by the connection in figure 2 between 102/231/230), the control unit (102/231/230/240/232/110) comprising a user interface (110) enabling a user to remotely control and navigate the microrobot (218/219) (¶0029),
wherein the system further comprise a flexible elongated element (see catheter 202; ¶0041) configured to cooperate, by sliding, with the wire (208) in order to extend, from the cap (204/304), through the target body part (as shown in figures 2 and 3a-3b), towards the target point (trachea and bronchial tubes as indicated in ¶0059), the wire (208) being thus aimed at guiding the flexible elongated element (see catheter 202; ¶0041) towards the target point (as indicated in ¶0049 the wire 208 is used to directed the distal end 218 and by extension direct 202 to a desired position).
Regarding claim 17:
The system according to claim 16, wherein the flexible elongated element (see catheter 202; ¶0041) displays a general tubular shape (as shown in figure 2), the flexible elongated element (see catheter 202; ¶0041) being configured to slide around (as shown in figure 2) the wire (208).
Regarding claim 18:
The system according to claim 16, wherein the flexible elongated element (see catheter 202; ¶0041) is a catheter (¶0041) configured to cooperate with the wire (208) and the cap (204/304) in order:
to deliver material from the cap (204/304) towards the at least one target point (via the needle 226 or lumens 236), or
to gather material from the at least one target point towards the cap.
Regarding claim 20:
The system according to claim 16, wherein the flexible elongated element (see catheter 202; ¶0041) is an electrode or a sensor (220) configured to gather information from the at least target point (position sensor 220 gathers position information) or to deliver energy to said at least target point.
Regarding claim 22:
The system according to claim 16, wherein the cap (204/304) comprises a wire winding system (206) in order to control the wire extension (208) inside the target body part (¶0049), the wire winding system (206) being motorized and controlled (¶0049 indicates 206 includes a actuator/motor and further that the navigation system controls the position of 202) by the control unit (102/231/230/240/232/110), the wire winding system (206) further comprising at least one monitoring sensor (210B).
Regarding claim 23:
The system according to claim 16, wherein the cap (204/304) comprises a flexible elongated element winding system (206) in order to control the extension of the flexible elongated element (see catheter 202; ¶0041) inside the target body part, the flexible elongated element winding system being motorized and controlled (¶0049 indicates 206 includes a actuator/motor and further that the navigation system controls the position of 202) by the control unit (102/231/230/240/232/110), the flexible elongated element winding system further comprising at least one monitoring sensor (210B).
Regarding claim 24:
The system according to claim 23, wherein the flexible elongated element (see catheter 202; ¶0041) comprises at least one monitoring sensor (220) at its distal end (at the end of 218).
Regarding claim 25:
The system according to claim 16, wherein the flexible elongated element (see catheter 202; ¶0041) comprises an adaptative diameter (216) on at least one deformable portion (216 allows the catheter to bend as indicated in ¶0041).
Regarding claim 27:
The system according to claim 16, wherein the flexible elongated element (see catheter 202; ¶0041) comprises at least one tracker (position sensor 220) enabling to monitor, in real time (¶0045), the extension of the flexible elongated element (see catheter 202; ¶0041).
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(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018006046 A1 to Barbagli et al. (Barbagli) as applied to claim 16 above, and further in view of US 20080243031 A1 to Seibel et al. (Seibel).
Regarding claim 19:
Barbagli fails to disclose:
The system according to claim 16, wherein the cap comprises a pump configured to pump fluids and material through the catheter.
Seibel teaches:
A catheter with imaging ability that includes a catheter (22) with a tool (118) located on the distal end. Further, the catheter cap (120) is connected with a pump (125/128) to add or remove material from the catheter (¶0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barbagli to further include a pump connected to the cap and the catheter Seibel to add or remove material from the catheter (Seibel, ¶0061).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018006046 A1 to Barbagli et al. (Barbagli) as applied to claim 16 above, and further in view of US 20070198007 A1 to Govari et al. (Govari).
Regarding claim 21:
Barbagli fails to disclose:
The system according to claim 16, wherein the wire provides energy to the microrobot.
Govari teaches:
A system that includes a catheter (14), an electrode (44) and a position sensor (46) that includes a wire (see figures 2, 4 and 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barbagli to further include a wire between the position sensor of the microrobot and the controller as taught by Govari in order to receive information concerning the position of the catheter. Barbagli is silent as to the energy connection between the sensor and the controller and Govari provides the energy connection between the sensor in the microrobot and the controller.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018006046 A1 to Barbagli et al. (Barbagli) as applied to claim 25 above, and further in view of US 9005112 B2 to Hasser et al. (Hasser).
Regarding claim 26:
Barbagli fails to disclose:
The system according to claim 25, wherein the flexible elongated element comprises a garage alike structure in order to store the micro-robot.
Hasser teaches:
A system that includes an endoscope robot (figure 35) that includes a catheter including a endoscope lens (314) and a cap (53”). The system further includes a cap/garage (312) located at the end of the catheter/flexible elongated element to protect the lens at the end of the endoscope (column 15, lines 1-22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barbagli to further include a garage like structure/cap at the end of the catheter as taught by Hasser to cover or protect the lens or equipment (Hasser, column 15, lines 1-22).
Allowable Subject Matter
Claims 28-30 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Furthermore, the prior art of record does not teach “ inserting the microrobot inside the target body part of the patient through the channel of the cap, inserting the distal end of the flexible elongated element inside the channel of the cap, setting the flexible elongated element and the wire up for cooperation” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 28.
Therefore, the prior art of record cannot anticipate Applicant' s claimed invention by a single reference nor render Applicant' s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following is pertinent prior art:
US-20120209070-A1
Piech
See the robot 22
US-8870900-B2
Julian
See the robot 1000
US-8187172-B2
Skerven
See the robot 100
US-9005112-B2
Hasser
See the robot 12
KR-101659367-B1
CHOI
See the robot 310
WO-2018154326-A1
LIU
See the robot 110
WO-2021053305-A1
DUPLAT
See the robot 27
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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, Michael Tsai can be reached on (571) 270-5246. 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.
/WESLEY G HARRIS/Examiner, Art Unit 3783