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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/13/2026 has been entered.
Response to Arguments
The rejection of claims 1-13 under 35 U.S.C. 102(a)(1) as being anticipated by Ramans (US 6,206,903 B1) has been withdrawn in light of applicant’s amendment made 5/13/2026. Specifically, Ramans does not teach the driver being a single piece with the first drive engagement portion and the second drive engagement portion as claimed.
Applicant’s arguments with respect to claims 1-9 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference in the prior art rejection of record for any teaching or matter specifically challenged in the argument. However, as discussed below, the newly added reference Rockrohr (US 9,937,626 B2) teaches said limitation.
Applicant’s arguments do not address the previous rejection of claims 1-9, 11 and 13 made over Kim et al. (US 8,702,748 B2) and/or the rejection of claims 10 and 12 made over Kim in view of Ramans. Accordingly, new rejections based on the amendments filed 5/13/2026 are made in view of Kim.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “the drive first engagement portion” in line 13 which should read “the first drive engagement portion” for consistency purposes. Appropriate correction is required.
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)(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.
Claim(s) 1-9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rockrohr (US 9,937,626 B2).
Regarding claim 1, Rockrohr discloses an actuation mechanism (Figs. 15-22) comprising: a first jaw (jaw 272) rotatable about a jaw axis (axis along pivot point 276; Fig. 17) and comprising a first jaw engagement portion (pin 272d), the first jaw engagement portion comprising a first pin (272d; Fig. 21), a second jaw (jaw 274) rotatable about the jaw axis (Fig. 17) and comprising a second jaw engagement portion (pin 274d), the second jaw engagement portion comprising a second pin (274d; Fig. 22), and a driver (cam pulley 260) rotatable about a drive axis (axis “B-B”; Fig. 16) parallel to the jaw axis (Fig. 16) and comprising a first drive engagement portion (cam slot 262), in the form of a first slot (262; Fig. 20), and a second drive engagement portion (cam slot 264), in the form of a second slot (264; Fig. 20), the first drive engagement portion (262) and the second drive engagement portion (264) being radially spaced-apart on the driver (260) about the drive axis (Fig. 20), the first drive engagement portion (262) and the second drive engagement portion (264) being unitarily provided with the driver (260) such that rotation of the driver about the drive axis causes simultaneous movement of both the first drive engagement portion (262) and the second drive engagement portion (264) about the drive axis (column 12, lines 21-24), the driver (260) being a single piece with the first drive engagement portion (262) and the second drive engagement portion (Fig. 20); wherein the first jaw engagement portion (272d) and the first drive engagement portion (262) are slidably engageable with one another and the second jaw engagement portion (274d) and the second drive engagement portion (262) are slidably engageable with one another (column 12, lines 18-21); whereby, when the first jaw engagement portion (272d) is engaged with the first drive engagement portion (262) and the second jaw engagement portion (274d) is engaged with the second drive engagement portion (264), rotation of the driver (260) about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (column 12, lines 18-24).
Regarding claim 2, Rockrohr a first and second tendon (opposing ends of cable attached to cam pulley 260) each attachable to the driver (column 12, lines 55-63; it is noted applicant states the first and second tendons may be joined and may further be integrally formed; [0012], similar to Rockrohr).
Regarding claim 3, Rockrohr discloses wherein each jaw (272, 574) comprises a drive portion (proximal portion), a tool portion (distal portion) and a jaw axle receiving portion (aperture of pivot point 276) positioned between the drive portion and the tool portion and extending along the jaw axis (Figs. 21-22).
Regarding claim 4, Rockrohr discloses wherein the first and second jaw engagement portions (272d, 274d) are each positioned in the drive portion (proximal portion) of the respective jaw (Figs. 21-22).
Regarding claim 5, Rockrohr discloses wherein the tool portions (distal portions) of the first and second jaws (272, 274) are configured as scissor blades, forceps, a dissector or a grasper (Figs. 21-22).
Regarding claim 6, Rockrohr discloses wherein each jaw (272, 274) is rotatable between an open position and a closed position (column 12, lines 21-24).
Regarding claim 7, Rockrohr discloses wherein the actuation mechanism is movable between an open configuration (Fig. 16), in which each jaw is in its open position (Fig. 16), and a closed configuration (Fig. 15), in which each jaw is in its closed position (Fig. 15).
Regarding claim 8, Rockrohr discloses a housing (at least cam plates 252, 254; Fig. 16) comprising a jaw axle (pivot pin at 276) extending along the jaw axis and rotatably receivable within the jaw axle receiving portion of each jaw such that each jaw is rotatable relative to the housing about the jaw axle (Figs. 15-22; column 12, lines 4-6).
Regarding claim 9, Rockrohr discloses wherein the driver (260) further comprises a drive axle receiving portion (central opening of 260; Fig. 20) and the housing (252, 254) further comprises a drive axle (axle through “B”-B”) extending along the drive axis (Fig. 16) and rotatably receivable within the drive axle receiving portion of the driver such that the driver is rotatable relative to the housing about the drive axle (Figs. 15-22; column 11, lines 49-57).
Regarding claim 13, Rockrohr discloses a surgical instrument (Fig. 1A) comprising a shaft (robot arm 2 or 3), an articulated portion (wrist assembly 210; Fig. 15) coupled to the shaft (as end effector 200 is used for connection to robot arms 2, 3; column 11, lines 9-17) and an end effector (200) coupled to the articulated portion, which end effector comprises an actuation mechanism (Figs. 15-22) according to claim 1 (see claim 1 above).
Claim(s) 14-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 8,702,748 B2).
Regarding claim 14, Kim discloses an actuation mechanism (Figs. 10-12) comprising: a first jaw (jaw 410) rotatable about a jaw axis (axis of shaft 311) and comprising a first jaw engagement portion (slit 412), the first jaw engagement portion comprising a first slot (412; Fig. 11), a second jaw (other jaw 410) rotatable about the jaw axis and comprising a second jaw engagement portion (other slit 412), the second jaw engagement portion comprising a second slot (other 412; Fig. 12), and a driver (driving roller 420) rotatable about a drive axis (axis through center of 420) parallel to the jaw axis (Fig. 11) and comprising a first drive engagement portion (pin 421), in the form of a first pin (421; Fig. 12), and a second drive engagement portion (other pin 421), in the form of a second pin (other 421; Fig. 11), the first drive engagement portion and the second drive engagement portion being radially spaced-apart on the driver about the drive axis (Figs. 11-12), the first drive engagement portion and the second drive engagement portion being unitarily provided with the driver (Figs. 11-12) such that rotation of the driver about the drive axis causes simultaneous movement of both the first drive engagement portion and the second drive engagement portion about the drive axis (Figs. 11-12, 17), the driver (420) being a single piece with the first drive engagement portion (421) and the second drive engagement portion (other 421; Figs. 11-12); wherein the first jaw engagement portion (412) and the first drive engagement portion (421) are slidably engageable with one another (as pin 421 slides within slit 412) and the second jaw engagement portion (other 412) and the second drive engagement portion (other 421) are slidably engageable with one another; whereby, when the first jaw engagement portion (412) is engaged with the first drive engagement portion (421) and the second jaw engagement portion (other 412) is engaged with the second drive engagement portion (other 421), rotation of the driver about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (Figs. 11-12, 17).
Regarding claim 15, Kim discloses a first and second tendon (opposing ends of wire 710; Fig. 17) each attachable to the driver (Fig. 17; it is noted applicant states the first and second tendons may be joined and may further be integrally formed; [0012], similar to Kim).
Regarding claim 16, Kim discloses wherein each jaw comprises a drive portion (proximal end of jaw), a tool portion (distal end of jaw) and a jaw axle receiving portion (opening 411) positioned between the drive portion and the tool portion and extending along the jaw axis (Figs. 11-12).
Regarding claim 17, Kim discloses wherein the first and second jaw engagement portions (412) are each positioned in the drive portion (proximal end of jaw) of the respective jaw (Figs. 11-12).
Regarding claim 18, Kim discloses wherein the tool portions of the first and second jaws are configured as scissor blades, forceps, a dissector or a grasper (forceps 410; Figs. 11-12).
Regarding claim 19, Kim discloses wherein each jaw is rotatable between an open position and a closed position (Fig. 17).
Regarding claim 20, Kim discloses wherein the actuation mechanism is movable (via movement of 710) between an open configuration, in which each jaw is in its open position, and a closed configuration, in which each jaw is in its closed position (Fig. 17).
Regarding claim 21, Kim discloses a housing (body 310) comprising a jaw axle (shaft 311) extending along the jaw axis and rotatably receivable within the jaw axle receiving portion (411) of each jaw such that each jaw is rotatable relative to the housing about the jaw axle (Figs. 11-12).
Regarding claim 22, Kim discloses wherein the driver further comprises a drive axle receiving portion (slot in the center of 420 in Fig. 12) and the housing (310) further comprises a drive axle (pin within slot in the center of 420; Fig. 17) extending along the drive axis and rotatably receivable within the drive axle receiving portion of the driver such that the driver is rotatable relative to the housing about the drive axle (Fig. 17).
Regarding claim 23, Kim discloses a surgical instrument comprising a shaft (elongated shaft 100; Fig. 17), an articulated portion (flexible joint 200) coupled to the shaft (Fig. 17) and an end effector (forceps 400) coupled to the articulated portion (Fig. 17), which end effector (400) comprises an actuation mechanism according to claim 14 (see claim 14 above).
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.
Claim(s) 24-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rockrohr (US 9,937,626 B2) in view of Kim et al. (US 8,702,748 B2).
Regarding claim 24, Rockrohr discloses an actuation mechanism (Figs. 15-22) comprising: a first jaw (jaw 272) rotatable about a jaw axis (axis along pivot point 276; Fig. 17) and comprising a first jaw engagement portion (pin 272d), the first jaw engagement portion comprising a first pin (272d; Fig. 21), a second jaw (jaw 274) rotatable about the jaw axis (Fig. 17) and comprising a second jaw engagement portion (pin 274d), the second jaw engagement portion comprising a second pin (274d; Fig. 22), and a driver (cam pulley 260) rotatable about a drive axis (axis “B-B”; Fig. 16) parallel to the jaw axis (Fig. 16) and comprising a first drive engagement portion (cam slot 262), in the form of a first slot (262; Fig. 20), and a second drive engagement portion (cam slot 264), in the form of a second slot (264; Fig. 20), the first drive engagement portion (262) and the second drive engagement portion (264) being radially spaced-apart on the driver (260) about the drive axis (Fig. 20), the first drive engagement portion (262) and the second drive engagement portion (264) being unitarily provided with the driver (260) such that rotation of the driver about the drive axis causes simultaneous movement of both the first drive engagement portion (262) and the second drive engagement portion (264) about the drive axis (column 12, lines 21-24), the driver (260) being a single piece with the first drive engagement portion (262) and the second drive engagement portion (Fig. 20); wherein the first jaw engagement portion (272d) and the first drive engagement portion (262) are slidably engageable with one another and the second jaw engagement portion (274d) and the second drive engagement portion (262) are slidably engageable with one another (column 12, lines 18-21); whereby, when the first jaw engagement portion (272d) is engaged with the first drive engagement portion (262) and the second jaw engagement portion (274d) is engaged with the second drive engagement portion (264), rotation of the driver (260) about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (column 12, lines 18-24).
Rockrohr fails to disclose the second jaw engagement portion comprises a second slot and the second drive engagement portion comprises a second pin.
However, Kim teaches an actuation mechanism (Figs. 10-12) comprising: a first jaw (jaw 410) rotatable about a jaw axis (axis of shaft 311) and comprising a first jaw engagement portion (slit 412), the first jaw engagement portion comprising a first slot (412; Fig. 11), a second jaw (other jaw 410) rotatable about the jaw axis and comprising a second jaw engagement portion (other slit 412), the second jaw engagement portion comprising a second slot (other 412; Fig. 12), and a driver (driving roller 420) rotatable about a drive axis (axis through center of 420) parallel to the jaw axis (Fig. 11) and comprising a first drive engagement portion (pin 421), in the form of a first pin (421; Fig. 12), and a second drive engagement portion (other pin 421), in the form of a second pin (other 421; Fig. 11), the first drive engagement portion and the second drive engagement portion being radially spaced-apart on the driver about the drive axis (Figs. 11-12), the first drive engagement portion and the second drive engagement portion being unitarily provided with the driver (Figs. 11-12) such that rotation of the driver about the drive axis causes simultaneous movement of both the first drive engagement portion and the second drive engagement portion about the drive axis (Figs. 11-12, 17), the driver (420) being a single piece with the first drive engagement portion (421) and the second drive engagement portion (other 421; Figs. 11-12); wherein the first jaw engagement portion (412) and the first drive engagement portion (421) are slidably engageable with one another (as pin 421 slides within slit 412) and the second jaw engagement portion (other 412) and the second drive engagement portion (other 421) are slidably engageable with one another; whereby, when the first jaw engagement portion (412) is engaged with the first drive engagement portion (421) and the second jaw engagement portion (other 412) is engaged with the second drive engagement portion (other 421), rotation of the driver about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (Figs. 11-12, 17).
Thus, it was known to one of ordinary skill in the art to have jaw engagement portions with either pins, as disclosed by Rockrohr, or slots, as taught by Kim and to have drive engagement portions as either slots, as disclosed by Rockrohr, or pins, as taught by Kim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second jaw engagement portion of Rockrohr to be a second slot and the second drive engagement portion of Rockrohr to be a second pin in light of the teachings of Ramans. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable result of allowing the jaws to open and close relative to one another as the driver is rotated. Further, the claim would have been obvious because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp i.e., jaw engagement portions with pins, slots, and/or pins and slots and drive engagement portions with slots, pins, and/or slots and pins. It would have been obvious to try the claimed combination from a finite number of predictable solutions and if this leads to the anticipated success of opening and closing jaws, it is likely the product not of innovation but of ordinary skill and common sense.
Regarding claim 25, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses a first and second tendon (opposing ends of cable attached to cam pulley 260) each attachable to the driver (column 12, lines 55-63; it is noted applicant states the first and second tendons may be joined and may further be integrally formed; [0012], similar to Rockrohr).
Regarding claim 26, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein each jaw (272, 574) comprises a drive portion (proximal portion), a tool portion (distal portion) and a jaw axle receiving portion (aperture of pivot point 276) positioned between the drive portion and the tool portion and extending along the jaw axis (Figs. 21-22).
Regarding claim 27, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein the first and second jaw engagement portions (272d, 274d) are each positioned in the drive portion (proximal portion) of the respective jaw (Figs. 21-22).
Regarding claim 28, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein the tool portions (distal portions) of the first and second jaws (272, 274) are configured as scissor blades, forceps, a dissector or a grasper (Figs. 21-22).
Regarding claim 29, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein each jaw (272, 274) is rotatable between an open position and a closed position (column 12, lines 21-24).
Regarding claim 30, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein the actuation mechanism is movable between an open configuration (Fig. 16), in which each jaw is in its open position (Fig. 16), and a closed configuration (Fig. 15), in which each jaw is in its closed position (Fig. 15).
Regarding claim 31, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses a housing (at least cam plates 252, 254; Fig. 16) comprising a jaw axle (pivot pin at 276) extending along the jaw axis and rotatably receivable within the jaw axle receiving portion of each jaw such that each jaw is rotatable relative to the housing about the jaw axle (Figs. 15-22; column 12, lines 4-6).
Regarding claim 32, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses wherein the driver (260) further comprises a drive axle receiving portion (central opening of 260; Fig. 20) and the housing (252, 254) further comprises a drive axle (axle through “B”-B”) extending along the drive axis (Fig. 16) and rotatably receivable within the drive axle receiving portion of the driver such that the driver is rotatable relative to the housing about the drive axle (Figs. 15-22; column 11, lines 49-57).
Regarding claim 33, Rockrohr modified discloses the invention as claimed above, and Rockrohr further discloses a surgical instrument (Fig. 1A) comprising a shaft (robot arm 2 or 3), an articulated portion (wrist assembly 210; Fig. 15) coupled to the shaft (as end effector 200 is used for connection to robot arms 2, 3; column 11, lines 9-17) and an end effector (200) coupled to the articulated portion, which end effector comprises an actuation mechanism (Figs. 15-22) according to claim 1 (see claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kimura et al. (US 11,253,281 B2) is noted for teaching a single driver (Figs. 8-9).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH A LONG whose telephone number is (571)270-3865. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at (571)272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH A LONG/Primary Examiner, Art Unit 3771
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