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 .
Status of Claims
Claims 1-9 and 24-30 are pending, claims 10-23 have been cancelled, and claims 1-9 and 24-30 are currently under consideration for patentability under 37 CFR 1.104. Previous claim objections have been withdrawn in light of Applicant’s amendments.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/19/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 and 24-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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:
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) 1-2, 5, 7-9, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrick (US 2022/0241029), in view of Avigal (US 2019/0374242) and Moll (US 2008/0058836).
Regarding claim 1, Hendrick discloses a medical robot system (figure 1) for use in intrauterine procedures (surgery…pelvis…[0009]), comprising: a robotic arm (12a and 14, figure 1) having a plurality of moveable arm segments (see 12a and 14, figure 1); an endoscope (20, figure 1 | see outer sheath 26 with an inner sheath 28 and sheath insert 30, figure 5) detachably coupled to a distal segment (14, figure 1) of the robotic arm, the endoscope having an elongate endoscope shaft (see shaft of 20, figure 2) with a working channel therein (see 32 and 34, figure 5 | also see ports 42, 44, and 46, figure 5), the elongate endoscope shaft extending about a longitudinal axis to a distal end (see axis of 20, figure 1); a resecting device comprising a cutter (60a, figure 3a; surgical tool…electrosurgery tip, a cutting tip…[0053]; the cutting tip is on the distal end of a tube) detachably coupled to the distal segment, the resecting device having an elongate resecting shaft (see 74, figure 4) configured for introduction through the working channel of the elongate endoscope shaft (see 42 or 44, figure 5). Hendrick is silent regarding the elongate endoscope shaft extending to the distal end carrying an image sensor; and a retractor having an elongate retractor shaft configured for introduction through the working channel of the elongate endoscope shaft, where a working end of the elongate retractor shaft comprises a concave surface that permits positioning of the elongate retractor shaft over a tubular shape of the elongate resecting shaft to permit the elongate retractor shaft and the elongate resecting shaft to be slidably and rotationally disposed in the working channel, the elongate retractor shaft having an interior channel therein with the concave surface disposed between the interior channel and the tubular shape of the elongate resecting shaft, and where the elongate retractor shaft is also configured to be rotated within the working channel relative to the tubular shape of the elongate resecting shaft.
Avigal teaches a system (300, figure 12a) with an outer tube (160, figures 12) with a grasping head (162, figures 12). The grasping head has opposing pivotally connected grasping jaws (164 and 166, figures 12) that includes a sloped surface (165, figures 12) shaped and dimensioned such that dissector head (112, figures 12) forces the grasping jaws to retreat radially sufficiently for allowing the dissector head advancing across distal end of the grasping head ([0124]). The dissector head and shaft advance to emerge from the grasping head ([0124]). A tissue grasping manipulator (168, figures 9) disposed within a control mechanism (118, figures 9) is provided for controlling the grasping head (162, figures 9) closing and/or opening ([0120]). The first and second grasping jaws are at least partially filled with viscoelastic material and/or malleable material ([0023]).
Moll teaches an image capture device that can be a fiberscope or a CCD chip ([0164]).
It would have been obvious to modify the guide tube (72, figure 14) of Hendrick to have the grasping head (162, figures 12), malleable material ([0023]), and tissue grasping manipulator (168, figures 9) as taught by Avigal. Doing so would provide the ability to affect tissue while also serving as a conduit for other instruments to be inserted through or removed from ([0119]). Further, it would have been obvious to one of ordinary skill in the art before the time of filing to modify the endoscope shaft to carry an image sensor as taught by Moll (CCD chip [0164]). Doing so would be an alternative to a fiberscope for image capture ([0164]). The modified system would have the elongate endoscope shaft extending to the distal end carrying an image sensor (CCD chip [0164]; Moll in 24/25, figure 3a of Hendrick); and a retractor (162, figures 12; Avigal) having an elongate retractor shaft (160, figures 12; Avigal | 72, figure 14; Hendrick) configured for introduction through the working channel of the elongate endoscope shaft (see figures 5 and 14; Hendrick), where a working end of the elongate retractor shaft comprises a concave surface (see 165, figures 12; Avigal) that permits positioning of the elongate retractor shaft over a tubular shape of the elongate resecting shaft (see 114 and 116 inside 162, figures 12; Avigal | see 72 is over 74, figure 14; Hendrick) to permit the elongate retractor shaft and the elongate resecting shaft to be slidably and rotationally disposed in the working channel (see arrows in figure 14; Hendrick | see 162, figures 12; Avigal), the elongate retractor shaft having an interior channel (see 165, figures 12; Avigal) therein with the concave surface disposed between the interior channel and the tubular shape of the elongate resecting shaft (see 114 and 116 inside 162, figures 12; Avigal | see 72 is over 74, figure 14; Hendrick), and where the elongate retractor shaft is also configured to be rotated within the working channel relative to the tubular shape of the elongate resecting shaft (see circular arrows for 72, figure 14; Hendrick).
Regarding claim 2, Hendrick further discloses a controller (200, figure 1; Hendrick) configured to operate at least one of the endoscope, resecting device and retractor (to control one or more device located on the surgical robot apparatus 10 [0048]).
Regarding claim 5, Hendrick further discloses the controller is adapted to (interpreted as functional language) actuate the cutter of the resecting device (input console 200…input to control one or more devices [0048]), the cutter being motor driven (electrosurgery tool or cutting device [0046] | interpreted the cutting device can be motor driven in order to be actuated with the controller; see components on 22 that couple to 60, figure 3a).
Regarding claim 7, Hendrick further discloses the controller is adapted to (interpreted as functional language) actuate (input console 200…input to control one or more devices [0048]) a negative pressure source in communication with the retractor (suction [0049]; suction may occur when a retractor is in use).
Regarding claim 8, Hendrick and Avigal further disclose the controller is adapted to (interpreted as functional language) actuate (input console 200…input to control one or more devices [0048]) a motor drive to move a jaw structure of the retractor between open and closed positions (electrosurgery tip…tissue manipulator [0053]; interpreted the tissue manipulator to be motor driven in order to be actuated with the controller; see components on 22 that couple to 60, figure 3a; Hendrick | tissue grasping manipulator 168, figures 9; Avigal).
Regarding claim 9, Hendrick further discloses the controller is adapted to (interpreted as functional language) actuate (input console 200…input to control one or more devices [0048]) a negative pressure source that communicates with an interior channel and suction ports in the retractor (port…suction…during a surgical operation [0049]; suction may occur when the retractor is in use).
Regarding claim 30, Hendrick further discloses a sleeve (18 and 40, figure 8) having a distal tapered seal member (see taper of 18 and 40, figure 8 | insert bushing 41 forms a seal…[0059]), wherein the robotic arm further includes a seal drive component (broadly interpreted the seal drive component as a structure that moves the seal member relative to the tubes 70-74, figure 4 | guide tube 72…translated…by independent drive components inside tool cartridge 60 [0054]) configured to adjust the distal tapered seal member to maintain contact with a cervix during the intrauterine procedures (surgery…pelvis…[0009]).
Claim(s) 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrick A (US 2022/0241029) and Avigal (US 2019/0374242) and Moll (US 2008/0058836) as applied to claim 2 above, and further in view of Hendrick B (US 2022/0296225)
Regarding claim 3, Hendrick A, Avigal, and Moll disclose all of the features in the current invention as shown above in claim 2. They are silent regarding a motor drive configured to move the elongate endoscope shaft at least one of axially and rotationally relative to its longitudinal axis.
Hendrick B teaches a system (10, figure 1) with a holding arm (12, figure 1). A holding arm interface (30, figures 1 and 3) connects the actuation unit (20, figures 1-3) to the holding arm (12, figure 1). The system may have one or more motors to provide gravity or dynamic compensation ([0061]). The actuation unit provides control of one or more instruments and has a camera (22, figure 2) disposed on it ([0062]). The actuation unit has a drape plate (224, figure 12) with integrated coupling (228, figure 12), where the plate provides motor motion to the manipulators embedded in sterile instrument cartridges (410, figure 12 | [0100]).
It would have been obvious to modify the system of Hendrick A and Avigal and Moll to have the actuation unit (20, figures 1-3) and holding arm interface (30, figures 1 and 3) as taught by Hendrick B. Doing so would provide an actuation unit having integrated motor control and safety controller hardware on board ([0112]). The modified system would have a motor drive (drive motors…[0100]; Hendrick B) configured to move the elongate endoscope shaft at least one of axially and rotationally relative to its longitudinal axis (angular orientation via rotating…[0087]; Hendrick B | translated axially or rotated about its longitudinal axis [0053]; Hendrick A).
Regarding claim 4, Hendrick A, Avigal, and Moll disclose all of the features in the current invention as shown above in claim 2. They are silent regarding a motor drive configured to move the elongate resecting shaft at least one of axially and rotationally relative to its longitudinal axis.
Hendrick B teaches a system (10, figure 1) with a holding arm (12, figure 1). A holding arm interface (30, figures 1 and 3) connects the actuation unit (20, figures 1-3) to the holding arm (12, figure 1). The system may have one or more motors to provide gravity or dynamic compensation ([0061]). The actuation unit provides control of one or more instruments and has a camera (22, figure 2) disposed on it ([0062]). The actuation unit has a drape plate (224, figure 12) with integrated coupling (228, figure 12), where the plate provides motor motion to the manipulators embedded in sterile instrument cartridges (410, figure 12 | [0100]).
It would have been obvious to modify the system of Hendrick A and Avigal (US 2019/0374242) and Moll to have the actuation unit (20, figures 1-3) and holding arm interface (30, figures 1 and 3) as taught by Hendrick B. Doing so would provide an actuation unit having integrated motor control and safety controller hardware on board ([0112]). The modified system would have a motor drive (drive motors…[0100]; Hendrick B) configured to move the elongate resecting shaft at least one of axially and rotationally relative to its longitudinal axis (angular orientation via rotating…[0087]; Hendrick B | translated axially or rotated about its longitudinal axis [0053]; Hendrick A).
Regarding claim 6, Hendrick A, Avigal, and Moll disclose all of the features in the current invention as shown above in claim 2. They are silent regarding a motor drive configured to move the elongate retractor shaft at least one of axially and rotationally relative to its longitudinal axis.
Hendrick B teaches a system (10, figure 1) with a holding arm (12, figure 1). A holding arm interface (30, figures 1 and 3) connects the actuation unit (20, figures 1-3) to the holding arm (12, figure 1). The system may have one or more motors to provide gravity or dynamic compensation ([0061]). The actuation unit provides control of one or more instruments and has a camera (22, figure 2) disposed on it ([0062]). The actuation unit has a drape plate (224, figure 12) with integrated coupling (228, figure 12), where the plate provides motor motion to the manipulators embedded in sterile instrument cartridges (410, figure 12 | [0100]).
It would have been obvious to modify the system of Hendrick A and Avigal (US 2019/0374242) and Moll to have the actuation unit (20, figures 1-3) and holding arm interface (30, figures 1 and 3) as taught by Hendrick B. Doing so would provide an actuation unit having integrated motor control and safety controller hardware on board ([0112]). The modified system would have a motor drive (drive motors…[0100]; Hendrick B) configured to move the elongate retractor shaft at least one of axially and rotationally relative to its longitudinal axis (angular orientation via rotating…[0087]; Hendrick B | translated axially or rotated about its longitudinal axis [0053]; Hendrick A).
Claim(s) 24-29 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrick (US 2022/0241029) and Avigal (US 2019/0374242) and Moll (US 2008/0058836) as applied to claim 1 above, and further in view of To (US 2011/0098531).
Regarding claim 24, Avigal further teaches the working end of the elongate retractor shaft comprises a resilient material (viscoelastic material and/or malleable material [0023]; Avigal). They are silent regarding the resilient material forming a living hinge.
To teaches a retractor cannula device (100, figure 1) with an atraumatic retractor assembly (116, figures 3). The retractor assembly has two jaws (308 and 310, figures 3). The jaws mate to form a substantially smooth round shape and a working space formed in between ([0074]). The jaws are coupled to a shaft (102, figures 3) using a hinge mechanism (306, figures 3), where the hinges may be living hinges and/or mechanical hinges ([0074]). The entire retractor assembly may be configured to be slidable along the shaft ([0074]).
It would have been obvious to modify the working end of the elongate retractor shaft with living hinges ([0074]) as taught by To to open and close the jaws ([0074]). Doing so would be an alternative to mechanical hinges ([0074]). The modified system would have the resilient material forming a living hinge (living hinges [0074]; To).
Regarding claim 25, Hendrick further discloses the resilient material forms a curvilinear repose shape (see 72, figure 14; Hendrick) when extended outwardly from the working channel and is capable of a tensioned axial straight shape when retracted into the working channel (see axial arrow for 72, figure 14).
Regarding claim 26, Hendrick further discloses the curvilinear repose shape is in a form of an "S" curve or a "C" curve (see 72, figure 14 | guide tube steers…[0053] | 72 can form an “S” or “C” curve).
Regarding claim 27, Hendrick further discloses an axially moveable deflecting member (see 74, figure 14; Hendrick) configured for movement in the working channel (see axial and circular arrows for 74, figure 14) to adjust the curvilinear repose shape (inner tube 74 using independent drive components [0054] | 74 can move 72, figure 14).
Regarding claim 28, Avigal further teaches the working end of the elongate retractor shaft has a jaw structure (162, figures 12; Avigal) configured to move between an open position and a closed position (see figures 12).
Regarding claim 29, Avigal further teaches the jaw structure is adapted for closing by an actuator member (see arrow in image below) that is configured to be axially moveable (see figures 9 and 12; Avigal).
PNG
media_image1.png
571
592
media_image1.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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 Carey can be reached at 571-270-7235. 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.
PAMELA F. WU
Examiner
Art Unit 3795
September 28, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
