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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 24, 2024 and May 23, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitations use the word “means” without functional language. Such claim limitation(s) is/are:
“first tension means” in claim 8;
“second tension means” in claim 8;
“means of a distal deflection mechanism” in claim 9;
“means of two drives” in claim 9; and
“means of steering wires” in claim 10.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-10 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 1, there is an inconsistency in the language of the preamble and that of the body of the claim thus making their scope unclear. The preamble recites a “steering gear” with the “steering ring” only functionally recited, e.g. “configured to orient a swash plate disposed on a steering ring”), thus indicating that the claims are directed to the subcombination, i.e., a steering gear. However, claim 1 positively recites the steering ring as an element of the invention, e.g. “first force transmitter directly contacting the steering ring on a first active portion” (lines 12-13) and “the second force transmitter directly contacting the steering ring on a second active portion” (lines 17-18), thus indicating that the claims are directed to the combination of the steering gear and the steering ring.
As such, it is unclear whether applicant intends the claims to be drawn to the combination or the subcombination. Applicant is hereby required to indicate which, the combination (steering gear and steering ring) or subcombination (steering gear) the claims are intended to be drawn and make the language consistent with this intent. For examination purposes, the claims will be considered as drawn to the combination, a steering ear and steering ring.
Claims 2-10 are rejected as being dependent upon rejected claim 1 and failing to remedy the indefiniteness issue.
Allowable Subject Matter
Claim 1 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art consider most pertinent to the claimed invention is as follows:
Thissen et al. (U.S. Patent Application Publication No. 20220061634; Figs. 1A-3B; paras. [0049]-[0065]) discloses a surgical instrument including a steering device (102) arranged at the proximal end of a shaft having a deflection mechanism at a distal end (Figs. 3A-3B), the steering device configured to orient a swash plate (110) disposed in a steering ring (130) and comprising: two motorized drives (124) configured to spatially orient the swash plate, each of the motorized drives having a drive shaft driven by a motor and connected to the steering ring on an active portion (para. [0063]); wherein the steering ring is mounted cardanically around a gimbal center to define multiple tilt axes (Figs. 1A-3B).
Thissen et al. does not disclose each of the active portions of the steering ring having a spherical segment shape and having a common sphere center.
Cooper et al. (U.S. Patent No. 6817974; Figs. 57-67; col. 23, ln. 1 – col. 24, ln. 39) discloses a surgical instrument including a steering device (800) arranged at the proximal end of a shaft (602) having a deflection mechanism at a distal end (Figs. 53-56), the steering device configured to orient a swash plate (706) disposed in a steering ring (700) and comprising: two motorized drives (814, 816) configured to spatially orient the swash plate, each of the motorized drives having a drive shaft driven by a motor and connected to the steering ring on an active portion (78, 719; Fig. 57); wherein the steering ring is mounted cardanically around a gimbal center to define multiple tilt axes (Figs. 57-63).
Cooper et al. does not disclose each of the active portions of the steering ring having a spherical segment shape and having a common sphere center.
Timm et al. (U.S. Patent No. 8931682; Fig. 144-149; col. 80, ln. 6 – col. 88, ln. 67) discloses a surgical instrument including a steering device (6300) arranged at the proximal end of a shaft having a deflection mechanism at a distal end (Fig. 144), the steering device configured to orient a swash plate (6110) disposed in a steering ring (6164) and comprising: two drive gears (6364, 6372) configured to spatially orient the swash plate, the drivers being driven by a motor (Fig. 148) and connected to the steering ring on an active portion (6168, 6169; Fig. 149); wherein the steering ring is mounted cardanically around a gimbal center to define multiple tilt axes (Figs. 148-149).
Timm et al. does not disclose each of the drive gears being driven by separate motors.
Charles et al. (U.S. Patent No. 6723106; Figs. 27-34; col. 29, ln. 51 – col. 33, ln. 26) discloses wrist mechanisms for a surgical manipulator including a gimbals-type wrist mechanism that may be actuated by a bevel gear mechanism (Fig. 29), a worm gear mechanism (Fig. 30), or a friction roller mechanism (Fig. 31-34).
Charles et al. does not disclose a steering gear configured to orient a swash plate disposed on a steering ring with two motorized drives connected to the steering ring on respective active portions, wherein the steering ring is mounted cardanically around a gimbal center to define multiple tilt axes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan A Hollm whose telephone number is (703)756-1514. The examiner can normally be reached Mon - Fri 8:30-5:30.
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, 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.
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.
/JONATHAN A HOLLM/Examiner, Art Unit 3771