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 .
Response to Arguments
Applicant’s arguments, filed 02/19/2026, with respect to the objection of claim 15 for minor informalities have been fully considered and are persuasive. The objection of claim 15 has been withdrawn.
Applicant's arguments, filed 02/19/2026, have been fully considered but they are not persuasive. Applicant requested that the anticipation rejections to claims 1-20 be withdrawn since Applicant is in the process of correcting a delayed domestic priority claim such that the present application will claim priority under 35 U.S.C. §102 to Beckman, thereby rendering the anticipation rejection moot. Although Applicant filed a Renewed Petition on February 19, 2026 to correct the delayed domestic priority claim, a decision has yet to be rendered regarding the priority of Beckman. Consequently, until a Petition Decision to correct the ADS such that the present application will claim priority under 35 U.S.C. §102 to Beckman is made, Beckman will qualify as prior art. Therefore, the previous rejection is maintained.
Claims 1-2, 4-5, 7, 11, 13, 15, and 17-19 were rejected on the ground of non-statutory double patenting over claims 1-2, 4, 6-7, 11-13, and 19-20 of U.S. Patent No. 11,678,870 B2 in view of Beckman et al. (hereinafter “Beckman ‘084”) (U.S. Pub. No. 2022/0096084 A1). The Applicant has requested that the Office hold the remaining non-statutory double patenting rejections in abeyance until all claims are indicated as being allowable (Remarks, pg. 9). The Examiner notes that this double patenting rejection is held in abeyance until prosecution of the present case is completed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-5, 7, 11, 13, 15, and 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4, 6-7, 11-13, and 19-20 of U.S. Patent No. 11,678,870 B2 in view of Beckman et al. (hereinafter “Beckman ‘084”) (U.S. Pub. No. 2022/0096084 A1).
Regarding claims 1, 13, and 19, the ‘870 patent does not explicitly claim a method of manually operating a robotic surgical tool nor positioning the robotic surgical tool adjacent a patient.
Beckman ‘084 discloses a method of manually operating a robotic surgical tool (¶[0001], where “systems and methods disclosed herein are directed to surgical tools and, more particularly, to mechanisms for manually manipulating various functions of a robotic surgical tool”) and positioning the robotic surgical tool adjacent a patient (¶[0063], where “Once the cart 102 is properly positioned adjacent the patient, the robotic arms 104 are operated to insert the steerable endoscope 106 into the patient robotically, manually, or a combination thereof”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate a method of manually operating a robotic surgical tool and positioning the robotic surgical tool adjacent a patient with the ‘870 patent in order to properly position the steerable endoscope relative to the patient (Beckman ‘084 ¶[0063]).
Regarding claim 1, the ‘870 patent does not explicitly claim a ring gear engageable with a pinion gear operatively coupled to the spline coupling, grasping the robotic surgical tool and manually rotating the ring gear; nor driving the ring gear against the pinion gear.
Beckman ‘084 discloses a ring gear engageable with a pinion gear operatively coupled to the spline coupling (¶[0184], where “The spline coupling 2004a may include a pinion gear 2116 having a plurality of teeth 2118. The pinion gear 2116 is secured to the spline coupling 2004a such that they rotate in unison (together). The pinion gear 2116 may be rotatably mounted to the body 2108 such that the pinion gear 2116 extends into the channel 2110 and is engageable by the ring gear 2104 through the channel 2110”), grasping the robotic surgical tool (¶[0259], where “user interface 3600 may be operated to manually translate the elongate shaft 1602 of the surgical tool 1600 ... user interface 3600 includes a fin 3602 that can be grasped and manipulated by the user”) and manually rotating the ring gear (¶[0185], where “teeth 2106 of the ring gear 2104 may engage and mesh with the teeth 2118 of the pinion gear 2116 when the ring 2010 is assembled on the frame assembly 2008, such that rotation may be imparted on the pinion gear 2116 by rotating the ring gear 2104 through interaction of their respective teeth 2106, 2118 ... rotation of the ring 2010 … causes the ring gear 2104 to similarly rotate … which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116 … the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”), and driving the ring gear against the pinion gear (¶[0185], ¶[0186], where “removable cap 1906 thus embodies mechanisms for manually actuating the lead screw 1622 and the splines 1624a-c and, thereby, for manually activating the various functions of the surgical tool 1600 associated with the lead screw 1622 and the splines 1624a-c”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate positioning the robotic surgical tool adjacent a patient and a pinion gear operatively coupled to the spline coupling with the ‘870 patent in order to secure the spline coupling to the pinion gear such that they rotate in unison (together) (Beckman ‘084
¶[0184]) and to manually activate the various functions of the surgical tool (Beckman ‘084 ¶[0186]).
Regarding claim 2, the ‘870 patent does not explicitly claim that manually rotating the ring gear comprises: manually applying a rotation force to the ring and thereby causing the ring to rotate about the frame and drive the ring gear against the pinion gear.
Beckman ‘084 discloses that manually rotating the ring gear comprises: manually applying a rotation force to the ring and thereby causing the ring to rotate about the frame and drive the ring gear against the pinion gear (¶[0185], where “rotation of the ring 2010 about the axis A1 of the frame assembly 2008 causes the ring gear 2104 to similarly rotate about the axis A1, which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116, such that the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate that manually rotating the ring gear comprises: manually applying a rotation force to the ring and thereby causing the ring to rotate about the frame and drive the ring gear against the pinion gear with the ‘870 patent in order to impart rotation on the pinion gear (Beckman ‘084 ¶[0185]) and manually activate the various functions of the surgical tool (Beckman ‘084 ¶[0186]).
Regarding claims 4 and 17, the ‘870 patent does not explicitly claim that actuating the spline further comprises: driving the drive gear as the spline rotates; and actuating the activating mechanism as the drive gear is driven, and thereby manually actuating a function of the robotic surgical tool.
Beckman ‘084 discloses that actuating the spline further comprises: driving the drive gear as the spline rotates; and actuating the activating mechanism as the drive gear is driven, and thereby manually actuating a function of the robotic surgical tool (¶[0158], where “the activating mechanisms 1638a-c comprise intermeshed gearing assemblies including one or more drive gears driven by rotation of the corresponding spline 1624a-c and configured to drive one or more corresponding driven gears that cause operation of specific functions of the end effector 1604”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate that actuating the spline further comprises: driving the drive gear as the spline rotates; and actuating the activating mechanism as the drive gear is driven, and thereby manually actuating a function of the robotic surgical tool with the ‘870 patent in order to actuate the surgical tool (Beckman ‘084 ¶[0159]).
Regarding claim 7, the ‘870 patent does not explicitly claim rotating the lead screw as the ring gear rotates and thereby translating the carriage on the lead screw via the carriage nut.
Beckman ‘084 discloses rotating the lead screw as the ring gear rotates and thereby translating the carriage on the lead screw via the carriage nut (¶[0152], where “The outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate rotating the lead screw as the ring gear rotates and thereby translating the carriage on the lead screw via the carriage nut with the ‘870 patent in order to correspondingly advance or retract the end effector relative to the drive housing (Beckman ‘084 ¶[0152]).
Regarding claims 11 and 19, the ‘870 patent does not explicitly claim a lever protruding from the drive housing and operatively coupled to the activating mechanism.
Beckman ‘084 discloses a lever protruding from the drive housing and operatively coupled to the activating mechanism (¶[0200], where “a lever 2402 operatively coupled to the carriage 1626 and movable to switch or change loading (i.e., input rotation) of the first activating mechanism 1638a”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate a lever protruding from the drive housing and operatively coupled to the activating mechanism with the ‘870 patent in order to affect movement of the jaws and to manually actuate the first activating mechanism and the jaws (Beckman ‘084 ¶[0200]).
Regarding claim 13, the ‘870 patent does not explicitly claim grasping and manually rotating the ring relative to the frame assembly; nor driving a ring gear defined on the ring against a pinion operatively coupled to the spline coupling as the ring rotates .
Beckman ‘084 discloses grasping and manually rotating the ring relative to the frame assembly (¶[0180], where “the ring 2010 is operatively coupled to the first spline coupling 2004 such that manually rotating the ring 2010 relative to the frame assembly 2008 will correspondingly rotate the first spline coupling 2004”); and driving a ring gear defined on the ring against a pinion operatively coupled to the spline coupling as the ring rotates (¶[0185], where “The pinion gear 2116 may be arranged such that the teeth 2118 extend beyond the annular surface 2120 and into the channel 2110. In this manner, the teeth 2106 of the ring gear 2104 may engage and mesh with the teeth 2118 of the pinion gear 2116 when the ring 2010 is assembled on the frame assembly 2008, such that rotation may be imparted on the pinion gear 2116 by rotating the ring gear 2104 through interaction of their respective teeth 2106, 2118.
Accordingly, rotation of the ring 2010 about the axis A1 of the frame assembly 2008 causes the ring gear 2104 to similarly rotate about the axis A1, which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116, such that the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate grasping and manually rotating the ring relative to the frame assembly; and driving a ring gear defined on the ring against a pinion operatively coupled to the spline coupling as the ring rotates with the ‘870 patent in order to manually actuate or drive an additional function of the surgical tool (Beckman ‘084 ¶[0180]) and to manually activate the various functions of the surgical tool (Beckman ‘084 ¶[0186]).
Regarding claim 15, the ‘870 patent does not explicitly claim that manually rotating the ring gear relative to the frame assembly further comprises: driving the ring gear against the a second pinion gear as the ring rotates; nor rotating the lead screw as the second pinion gear rotates and thereby translating the carriage on the lead screw via the carriage nut.
Beckman ‘084 discloses that manually rotating the ring gear relative to the frame assembly further comprises: driving the ring gear against the a second pinion gear as the ring rotates (¶[0189], where “To utilize the proximal manual actuation mechanism 2200, the user may hold the surgical tool 1600 at the first end 1618a (FIG. 16) or at the shroud 1640 and then manually apply a rotational force to (twist) the ring 2010 of the removable cap 1906, which thereby causes the ring 2010 to rotate about the frame assembly 2008 … the ring gear 2104 rotates with the ring 2010, the pinion gear 2116 rotates with the first spline coupling 2004a, and the ring gear 2014 and the pinion gear 2166 are operatively coupled together via intermeshing of the teeth 2106 of ring gear 2104 with the teeth 2118 of the pinion gear 2116”); and rotating the lead screw as the second pinion gear rotates and thereby translating the carriage on the lead screw via the carriage nut (¶[0152], where “The outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis,” ¶[0191], where “rotation of the proximal manual actuation mechanism 2200 manually opens or closes the jaws 1610, 1612 (FIG. 16), as described above, while simultaneously rotating the stage coupling 2006, together with the lead screw 1622 received therein”).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to incorporate that manually rotating the ring gear relative to the frame assembly further comprises: driving the ring gear against the a second pinion gear as the ring rotates; and rotating the lead screw as the second pinion gear rotates and thereby translating the carriage on the lead screw via the carriage nut with the ‘870 patent in order to open and close the jaws (Beckman ‘084 ¶[0189]) and to advance or retract the end effector relative to the drive housing (Beckman ‘084 ¶[0152]).
The equivalency between the claim limitations are show in the table below.
Instant Application – Claim 1
U.S. Patent No. 11,678,870 B2
the robotic surgical tool including: a drive
housing having opposing first and second ends;
Claim 1: A surgical tool, comprising: a drive
housing having a first end and a second end;
a spline extending between the first and
second ends;
Claim 1: a spline extending between the first
and second ends;
a carriage arranged within the drive housing and movable between the first and second
ends;
Claim 1: a carriage provided in the drive housing and movable between the first and
second ends;
and a manual actuation mechanism arranged
at the first or second end and including a frame,
Claim 1: a mechanism arranged at the first or
second end of the drive housing for manually actuating the spline, the mechanism including: a frame;
a spline coupling rotatably mounted to the
frame to receive an end of the spline,
Claim 1: a spline coupling rotatably mounted
to the frame to receive an end of the spline;
and a ring gear rotatable about the frame
Claim 1: and a ring gear rotatable about the
frame
thereby rotating the spline to manually actuate a function of the robotic surgical tool.
Claim 1: a mechanism arranged at the first or second end of the drive housing for manually actuating the spline … and a ring gear rotatable about the frame and operatively coupled to the spline coupling such that rotation of the ring gear about the frame
correspondingly actuates the spline.
Instant Application – Claim 13
U.S. Patent No. 11,678,870 B2
the robotic surgical tool including: a drive
housing having opposing first and second ends;
Claim 12: A surgical tool, comprising: a drive
housing having a first end and a second end;
a spline extending between the first and
second ends;
Claim 12: a spline extending between the
first and second ends;
a carriage arranged within the drive housing and movable between the first and second
ends;
Claim 12: a carriage provided in the drive housing and movable between the first and
second ends;
and an end cap removably coupled to the second end and including a frame assembly,
Claim 12: an end cap removably coupled to
the second end, the end cap including: a frame;
a spline coupling rotatably coupled to the
frame assembly and receiving an end of the spline,
Claim 12: a spline coupling rotatably
arranged in the frame and configured to
receive an end of the spline when the cap is coupled to the second end;
and a ring arranged about the frame
assembly;
Claim 2: the end cap having a ring disposed
about a circumference of the frame and the ring gear being provided on an inner surface
of the ring.
and actuating the spline as the ring gear
rotates and thereby manually actuating a function of the robotic surgical tool.
Claim 12: a ring gear slidingly provided on
the frame and operatively coupled to the spline coupling such that rotation of the ring gear about the frame correspondingly
actuates the spline
Instant Application – Claim 19
U.S. Patent No. 11,678,870 B2
the robotic surgical tool including: a drive
housing having opposing first and second ends;
Claim 19: A surgical tool, comprising: a drive housing having a first end and a second end;
a spline extendable between the first and
second ends;
Claim 19: a spline extendable between the
first and second ends;
a carriage movably arranged within the drive
housing and movable between the first and second ends;
Claim 19: a carriage movably provided within
the drive housing and movable between the first and second ends;
an activating mechanism provided on the
carriage
Claim 19: an associated activating
mechanism of the carriage,
and operatively coupled to the spline at a
spline drive gear mounted to the spline;
Claim 20: a spline drive gear is provided on
the spline to rotate in unison therewith,
manually pivoting the lever about a first axis from a first position, where the spline drive gear engages the activating mechanism,
Claim 19: the lever having at least one gear tooth that is movable into engagement with the activating mechanism as the lever rotates
about a first axis
and a second position, where the lever
moves the spline drive gear out of engagement with the activating mechanism;
Claim 19: wherein the lever is rotatable
about a second axis to engage the activating mechanism with the set of gear teeth.
engaging a scoop portion of the lever on the activating mechanism when the lever moves to the second position;
Claim 20: the lever includes a scoop portion extending proximate to the spline drive gear and movable with the lever to translate the
spline drive gear axially along the spline.
and manually rotating the lever about a
second axis perpendicular to the first axis and thereby manually driving the activating mechanism with gear teeth of the scoop portion.
Claim 19: a lever for manually uncoupling the
spline from an associated activating mechanism of the carriage, the lever having at least one gear tooth that is movable into engagement with the activating mechanism as the lever rotates about a first axis, wherein the lever is rotatable about a second axis to engage the activating mechanism with the set of gear teeth.
Claim 20: the lever includes a scoop portion extending proximate to the spline drive gear and movable with the lever to translate the
spline drive gear axially along the spline.
Instant Application – Claim 2
U.S. Patent No. 11,678,870 B2
The method of claim 1, wherein the mechanism is provided in an end cap removably coupled to the drive housing at
the second end,
Claim 2: The surgical tool of claim 1, wherein the mechanism is provided in an end cap removably coupled at the second end of the
drive housing,
the end cap having a ring disposed about a circumference of the frame and the ring gear being provided on an inner surface of the
ring,
Claim 2: the end cap having a ring disposed about a circumference of the frame and the ring gear being provided on an inner surface
of the ring.
Instant Application – Claim 4
U.S. Patent No. 11,678,870 B2
The method of claim 1, wherein the robotic
surgical tool further includes a drive gear coupled to the spline and rotatable with rotation of the spline,
Claim 6: The surgical tool of claim 1, further
comprising: a drive gear coupled to the spline and rotatable with rotation of the spline
an activating mechanism included with the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating
mechanism,
Claim 6: an activating mechanism housed in the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating
mechanism
Instant Application – Claim 5
U.S. Patent No. 11,678,870 B2
The method of claim 4, wherein the robotic surgical tool further includes an elongate shaft extending distally from the carriage and
penetrating the first end,
Claim 6: an elongate shaft extending distally from the carriage and penetrating the first end
and an end effector arranged at a distal end
of the elongate shaft
Claim 6: and an end effector arranged at a
distal end of the elongate shaft.
and including a pair of jaws,
Claim 7: the end effector includes a pair of
jaws
and wherein actuating the activating
mechanism opens or closes the pair of jaws.
Claim 7: rotation of the ring gear
correspondingly opens or closes the jaws.
Instant Application – Claim 7
U.S. Patent No. 11,678,870 B2
The method of claim 1, wherein the robotic
surgical tool further includes a lead screw extending between the first and second ends,
Claim 8: a lead screw, the lead screw
extending between the first and second ends,
the carriage being movably mounted to the
lead screw at a carriage nut,
Claim 8: and the carriage being movably
mountable to the lead screw at a carriage nut
the manual actuation mechanism further including a stage coupling rotatably mounted to the frame to receive an end of the lead screw,
Claim 8: The surgical tool of claim 7, further comprising: a stage coupling rotatably mounted to a plate at the first end of the drive housing to receive an end of a lead
screw
and wherein manually rotating the ring gear
further comprises: operatively engaging the
Claim 8: wherein the distal ring gear is
operatively coupled to the stage coupling
stage coupling with the ring gear as the ring gear rotates;
such that rotation of the distal ring gear
about the plate correspondingly actuates the lead screw
Instant Application – Claim 11
U.S. Patent No. 11,678,870 B2
The method of claim 1, wherein the robotic
surgical tool further includes an activating mechanism provided on the carriage
Claim 19: an associated activating mechanism of the carriage,
and operatively coupled to the spline at a
spline drive gear mounted to the spline,
Claim 20: a spline drive gear is provided on
the spline to rotate in unison therewith,
the method further comprising: manually pivoting the lever about a first axis from a first position, where the spline drive gear
engages the activating mechanism,
Claim 19: the lever having at least one gear tooth that is movable into engagement with the activating mechanism as the lever rotates
about a first axis
and a second position, where the lever
moves the spline drive gear out of engagement with the activating mechanism;
Claim 19: wherein the lever is rotatable
about a second axis to engage the activating mechanism with the set of gear teeth.
engaging a scoop portion of the lever on the
activating mechanism when the lever moves to the second position;
Claim 20: the lever includes a scoop portion
extending proximate to the spline drive gear
and movable with the lever to translate the spline drive gear axially along the spline.
and manually rotating the lever about a
second axis perpendicular to the first axis and thereby manually driving the activating mechanism with gear teeth of the scoop portion.
Claim 19: a lever for manually uncoupling the
spline from an associated activating mechanism of the carriage, the lever having at least one gear tooth that is movable into engagement with the activating mechanism as the lever rotates about a first axis, wherein the lever is rotatable about a second axis to engage the activating mechanism with the set of gear teeth.
Claim 20: the lever includes a scoop portion extending proximate to the spline drive gear and movable with the lever to translate the
spline drive gear axially along the spline.
Instant Application – Claim 15
U.S. Patent No. 11,678,870 B2
The method of claim 13, wherein the robotic
surgical tool further includes a lead screw extending between the first and second ends,
Claim 8: a lead screw, the lead screw
extending between the first and second ends,
the carriage being movably mounted to the
lead screw at a carriage nut,
Claim 8: and the carriage being movably
mountable to the lead screw at a carriage nut
and a stage coupling rotatably mounted to
the frame assembly and receiving an end of the lead screw,
Claim 8: The surgical tool of claim 7, further
comprising: a stage coupling rotatably mounted to a plate at the first end of the drive housing to receive an end of a lead
screw
Instant Application – Claim 17
U.S. Patent No. 11,678,870 B2
The method of claim 13, wherein the robotic surgical tool further includes a drive gear coupled to the spline and rotatable with
rotation of the spline,
Claim 6: The surgical tool of claim 1, further comprising: a drive gear coupled to the spline and rotatable with rotation of the spline
an activating mechanism included with the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating
mechanism,
Claim 6: an activating mechanism housed in the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating
mechanism
Instant Application – Claim 18
U.S. Patent No. 11,678,870 B2
The method of claim 17, wherein the robotic
surgical tool further includes an elongate
shaft extending distally from the carriage and penetrating the first end,
Claim 6: an elongate shaft extending distally
from the carriage and penetrating the first end
and an end effector arranged at a distal end
of the elongate shaft
Claim 6: and an end effector arranged at a
distal end of the elongate shaft.
and including a pair of jaws,
Claim 7: the end effector includes a pair of
jaws
and wherein actuating the activating
mechanism opens or closes the pair of jaws.
Claim 7: rotation of the ring gear
correspondingly opens or closes the jaws.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beckman et al. (hereinafter “Beckman”) (U.S. Pub. No. 2022/0096066 A1).
Regarding claim 1, Beckman teaches a method of manually operating a robotic surgical tool (¶[0001], where “methods disclosed herein are directed to surgical tools and, more particularly, to mechanisms for manually actuating or driving various functions of a robotic surgical tool”), comprising: positioning the robotic surgical tool adjacent a patient (¶[0063], where “Once the cart 102 is properly positioned adjacent the patient, the robotic arms 104 are operated to insert the steerable endoscope 106 into the patient robotically, manually, or a combination thereof”), the robotic surgical tool including: a drive housing having opposing first and second ends (¶[0147], where “the drive housing 1614 has a first or “distal” end 1618a and a second or “proximal” end 1618b opposite the first end 1618a”); a spline extending between the first and second ends (¶[0148], where “one or more splines 1624 also extend longitudinally between the first and second ends 1618a,b”); a carriage arranged within the drive housing (¶[0149], where “The drive housing 1614 further includes a carriage or kart 1626”) and movable between the first and second ends (¶[0152], where “The carriage 1626 is movable between the first and second ends 1618a,b along the longitudinal axis”); and a manual actuation mechanism (¶[0177], where “the removable cap 1906 may be configured to allow manual actuation of the splines 1624a-c (FIG. 16) and/or the lead screw 1622 (FIG. 16)”) arranged at the first or second end (¶[0007], where “Embodiments disclosed herein include a surgical tool that includes … a mechanism arranged at the first or second end of the drive housing for manually actuating the spline,” ¶[0170] ,where “the end cap 1906 is removably attachable to the second end 1618b of the drive housing 1614”) and including a frame (¶[0137], where “a mechanism for manually actuating the spline. The mechanism may include a frame,” ¶[0175], where “the removable cap 1906 further includes a frame assembly 2008”), a spline coupling rotatably mounted to the frame to receive an end of the spline (¶[0173], where “spline couplings 2004a-c and the stage coupling 2006 are rotatably mounted within the removable cap 1906, such that they rotate with their corresponding spline 1624a-c (FIG. 16) and lead screw 1622 (FIG. 16) when engaged therewith by installing the removable cap 1906 … any or all of the spline couplings 2004a-c and/or stage coupling 2006 may be keyed to the end geometry of their corresponding splines 1624a-c and/or lead screw 1622”), and a ring gear rotatable about the frame (¶[0137], where “Embodiments of the disclosure relate to systems and techniques for manually controlling a robotic surgical tool. The surgical tool may include … a ring gear rotatable about the frame and operatively coupled to a pinion gear attached to the spline coupling such that rotation of the ring gear about the frame correspondingly actuates the spline,” ¶[0185], where “rotation of the ring 2010 about the axis A1 of the frame assembly 2008 causes the ring gear 2104 to similarly rotate about the axis”) and engageable with a pinion gear (¶[0184], where “the pinion gear 2116 extends into the channel 2110 and is engageable by the ring gear 2104 through the channel 2110”) operatively coupled to the spline coupling (¶[0184], where “The spline coupling 2004a may include a pinion gear 2116 having a plurality of teeth 2118. The pinion gear 2116 is secured to the spline coupling 2004a such that they rotate in unison (together)”); grasping the robotic surgical tool (¶[0259], where “user interface 3600 may be operated to manually translate the elongate shaft 1602 of the surgical tool 1600 ... user interface 3600 includes a fin 3602 that can be grasped and manipulated by the user”) and manually rotating the ring gear (¶[0185], where “teeth 2106 of the ring gear 2104 may engage and mesh with the teeth 2118 of the pinion gear 2116 when the ring 2010 is assembled on the frame assembly 2008, such that rotation may be imparted on the pinion gear 2116 by rotating the ring gear 2104 through interaction of their respective teeth 2106, 2118 ... rotation of the ring 2010 … causes the ring gear 2104 to similarly rotate … which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116 … the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”); and driving the ring gear against the pinion gear and thereby rotating the spline to manually actuate a function of the robotic surgical tool (¶[0185], ¶[0186], where “removable cap 1906 thus embodies mechanisms for manually actuating the lead screw 1622 and the splines 1624a-c and, thereby, for manually activating the various functions of the surgical tool 1600 associated with the lead screw 1622 and the splines 1624a-c”).
Regarding claim 2, Beckman teaches all limitations of claim 1 as described in the rejection above.
Beckman teaches that the mechanism is provided in an end cap removably coupled to the drive housing at the second end (¶[0170], where “the end cap 1906 is removably attachable to the second end 1618b of the drive housing 1614”), the end cap having a ring disposed about a circumference of the frame (¶[0175], where “the removable cap 1906 further includes a frame assembly 2008 and a ring 2010 arranged about the frame assembly 2008”) and the ring gear being provided on an inner surface of the ring (¶[0181], where “the ring 2010 includes an annular body 2100 having an inner surface 2102, and a ring gear 2104 is provided (defined) on the inner surface 2102”), and wherein manually rotating the ring gear comprises: manually applying a rotation force to the ring and thereby causing the ring to rotate about the frame and drive the ring gear against the pinion gear (¶[0185], where “rotation of the ring 2010 about the axis A1 of the frame assembly 2008 causes the ring gear 2104 to similarly rotate about the axis A1, which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116, such that the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”).
Regarding claim 3, Beckman teaches all limitations of claim 2 as described in the rejection above.
Beckman teaches that the frame provides an annular body (¶[0181], where “FIG. 21 illustrates the removable cap 1906 with the ring 2010 having been removed from the frame assembly 2008. As illustrated, the ring 2010 includes an annular body 2100 having an inner surface 2102,” ¶[0182], where “The frame assembly 2008 includes a body 2108 about which the ring 2010 extends”) with a channel defined about a periphery of the annular body (¶[0184], where “the channel 2110 defines an annular surface 2120”), the pinion gear extending into the channel and the ring gear being arranged to align with the channel (¶[0184], where “the pinion gear 2116 extends into the channel 2110 and is engageable by the ring gear 2104 through the channel 2110. Thus, the channel 2110 defines an annular surface 2120, and the annular surface 2120 and the ring gear 2104 may be correspondingly sized and positioned such that the ring gear 2104 travels within the channel 2110 without any interference between the teeth 2106 of the ring gear 2104 and the channel 2110 as the ring 2010 rotates about the body 2108 of the frame assembly 2008”), the method further comprising engaging the pinion gear with the ring gear within the channel (¶[0184], where “the pinion gear 2116 extends into the channel 2110 and is engageable by the ring gear 2104 through the channel 2110”).
Regarding claim 4, Beckman teaches all limitations of claim 1 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes a drive gear coupled to the spline and rotatable with rotation of the spline (¶[0205], where “the first activating mechanism 1638a includes a driven gear 2502 provided about the exterior of the shaft 1602 (i.e., the closure tube), a spline drive gear 2504 provided on the first spline 1624a, and a pair of idler gears 2506, 2507 arranged between the spline drive gear 2504 and the driven gear 2502 to transfer rotary force from the first spline 1624a to the driven gear 2502”), an activating mechanism included with the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating mechanism (¶[0007], where “a drive gear coupled to the spline and rotatable with rotation of the spline, an activating mechanism housed in the carriage and operatively coupled to the drive gear such that rotation of the drive gear correspondingly actuates the activating mechanism,” ¶[0155], where “the first spline 1624a may be operatively coupled to a first activating mechanism 1638a of the carriage 1626,” ¶[0158], where “the activating mechanisms 1638a-c comprise intermeshed gearing assemblies including one or more drive gears driven by rotation of the corresponding spline 1624a-c and configured to drive one or more corresponding driven gears that cause operation of specific functions of the end effector 1604”), and wherein actuating the spline further comprises: driving the drive gear as the spline rotates; and actuating the activating mechanism as the drive gear is driven, and thereby manually actuating a function of the robotic surgical tool (¶[0158], where “the activating mechanisms 1638a-c comprise intermeshed gearing assemblies including one or more drive gears driven by rotation of the corresponding spline 1624a-c and configured to drive one or more corresponding driven gears that cause operation of specific functions of the end effector 1604”).
Regarding claim 5, Beckman teaches all limitations of claim 4 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes an elongate shaft extending distally from the carriage and penetrating the first end (¶[0007], where “the surgical tool further includes an elongate shaft extending distally from the one or more distal layers and penetrating the first end,” ¶[0152], where “shaft 1602 is coupled to and extends distally from the carriage 1626 through the first end 1618a of the drive housing 1614 … the shaft 1602 penetrates the first end 1618a at a central aperture defined through the first end 1618a”), and an end effector arranged at a distal end of the elongate shaft (Figure 16, elongate shaft 1602, end effector 1604) and including a pair of jaws, and wherein actuating the activating mechanism opens or closes the pair of jaws (¶[0141], where “One or both of the jaws 1610, 1612 may be configured to pivot to actuate the end effector 1604 between open and closed positions”).
Regarding claim 6, Beckman teaches all limitations of claim 4 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes an elongate shaft extending distally from the carriage and penetrating the first end (¶[0007], where “the surgical tool further includes an elongate shaft extending distally from the one or more distal layers and penetrating the first end,” ¶[0152], where “shaft 1602 is coupled to and extends distally from the carriage 1626 through the first end 1618a of the drive housing 1614 … the shaft 1602 penetrates the first end 1618a at a central aperture defined through the first end 1618a”), an end effector arranged at a distal end of the elongate shaft (Figure 16, elongate shaft 1602, end effector 1604), and a wrist interposing the shaft and the end effector (Figure 16, elongate shaft 1602, end effector 1604, wrist 1606), and wherein actuating the activating mechanism comprises articulating the wrist (¶[0143], where “The wrist 1606 enables the end effector 1604 to articulate (pivot) relative to the shaft 1602 and thereby position the end effector 1604 at various desired orientations and locations relative to a surgical site,” ¶[0156], where “the second activating mechanism 1638b may be operable to articulate the end effector 1604 at the wrist 1606”).
Regarding claim 7, Beckman teaches all limitations of claim 1 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes a lead screw extending between the first and second ends (¶[0148], where “A lead screw 1622 and one or more splines 1624 also extend longitudinally between the first and second ends 1618a,b”), the carriage being movably mounted to the lead screw at a carriage nut (¶[0152], where “the carriage 1626 includes a carriage nut 1634 mounted to the lead screw 1622 … outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis”), the manual actuation mechanism further including a stage coupling rotatably mounted to the frame to receive an end of the lead screw (¶[0173], where “the stage coupling 2006 are rotatably mounted within the removable cap 1906, such that they rotate with their corresponding spline 1624a-c … stage coupling 2006 may be keyed to the end geometry of their … lead screw 1622,” ¶[0175], where “the removable cap 1906 further includes a frame assembly 2008 and a ring 2010 arranged about the frame assembly 2008. The frame assembly 2008 is configured to retain the spline couplings 2004a-c and the stage coupling 2006”), and wherein manually rotating the ring gear further comprises: operatively engaging the stage coupling with the ring gear as the ring gear rotates (¶[0190], where “the stage coupling 2006 and/or either or both of the spline couplings 2004b-c may be operatively coupled to the ring gear 2104 such that rotation of the ring 2010 activates their associated functionality(ies) while simultaneously opening or closing the jaws 1610, 1612”); and rotating the lead screw as the ring gear rotates and thereby translating the carriage on the lead screw via the carriage nut (¶[0152], where “The outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis”).
Regarding claim 8, Beckman teaches all limitations of claim 7 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes an elongate shaft extending distally from the carriage and penetrating the first end (¶[0007], where “the surgical tool further includes an elongate shaft extending distally from the one or more distal layers and penetrating the first end,” ¶[0152], where “shaft 1602 is coupled to and extends distally from the carriage 1626 through the first end 1618a of the drive housing 1614 … the shaft 1602 penetrates the first end 1618a at a central aperture defined through the first end 1618a”), and wherein translating the carriage on the lead screw via the carriage nut comprises advancing or retracting the elongate shaft relative to the first end (¶[0152], where “rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis A1 and correspondingly advance or retract the end effector 1604 relative to the drive housing 1614,” ¶[0178], which teaches “advancing or retracting the elongate shaft 1602 (FIG. 16) by axially translating the carriage 1626”).
Regarding claim 9, Beckman teaches all limitations of claim 1 as described in the rejection above.
Beckman teaches that the manual actuation mechanism is provided in a distal drive housing rotatably arranged at the first end of the drive housing (¶[0193], where “a manual actuation mechanism may be provided at the first (distal) end 1618a of the drive housing 1614 … the distal manual actuation mechanism 2300 includes an enclosure or distal drive housing 2302 … the distal drive housing 2320 is ring shaped and rotatably coupled to the driven interface 1818 such that the ring shaped distal drive housing 2320 may rotate about and relative to the driven interface 1818 and the remainder of the drive housing 1614”), the distal drive housing being disposed about a circumference of the frame (¶[0007], where “the mechanism is provided in an enclosure rotatably arranged at the first end of the drive housing, the enclosure being disposed about a circumference of the frame”) and the ring gear being provided on an inner surface of the distal drive housing (¶[0193], where “a ring gear 2304 having a plurality of teeth 2306 is provided along an inner periphery (or circumference) 2308 of the distal drive housing 2302, such that the ring gear 2304 and the teeth 2306 thereof may rotate in unison with the distal drive housing 2302”), wherein manually rotating the ring gear comprises: driving a compound idler gear intermeshed with the ring gear and thereby driving a drive gear operatively coupled to a lead screw extending between the first and second ends (¶[0171], where “the lead screw 1622 (FIG. 16) extend between the first and second ends 1618a,b,” ¶[0197], where “A compound idler gear 2320 operatively couples the ring gear 2304 with the lead screw 1622, such that rotation of the distal drive housing 2302 causes rotation of the lead screw 1622 … the compound idler gear 2320 comprises a first idler gear 2320a and a second idler gear 2320b. The first and second idler gears 2320a,b are secured to an idler shaft 2322 … idler shaft 2322 and the compound idler gear 2320 are arranged such that teeth of the first idler gear 2320a intermesh with the teeth 2306 of the ring gear 2304 and such that teeth of the second idler gear 2320b intermesh with the teeth of the second drive gear 2314b of the compound drive gear 2314”); rotating the lead screw as the drive gear rotates and thereby causing a carriage nut threaded to the lead screw to translate along the lead screw (¶[0197], where “rotation of the compound drive gear 2314 in turn rotates the stage coupling 2316 via interaction between the first drive gear 2314a and the driven gear 2318, thereby rotating the lead screw 1622 and translating the first layer 1628a within the drive housing 1614,” ¶[0261], where “the lead screw 1622 (FIG. 16) and the carriage nut 1634 (FIG. 16) may have corresponding thread pitches suitable for transforming a translation of the carriage nut 1634 along the lead screw 1622 into a rotation of the lead screw 1622”), the carriage being movably mounted to the lead screw at the carriage nut (¶[0152], where “outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis”); and moving the carriage along the lead screw as the carriage nut translates along the lead screw (¶[0152], where “outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis,” ¶[0261], where “the lead screw 1622 (FIG. 16) and the carriage nut 1634 (FIG. 16) may have corresponding thread pitches suitable for transforming a translation of the carriage nut 1634 along the lead screw 1622 into a rotation of the lead screw 1622 … the interaction between the threads of the carriage nut 1634 and the threads of the lead screw 1622 cause the lead screw 1622 to rotate and backdrive the drive output 1824a (FIG. 18B) and associated motor operatively coupled to the lead screw 1622 to drive the lead screw 1622. As the lead screw 1622 rotates, the carriage 1626 is able to traverse the lead screw 1622 in the distal direction”).
Regarding claim 10, Beckman teaches all limitations of claim 9 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes an elongate shaft extending distally from the carriage and penetrating the first end (¶[0007], where “the surgical tool further includes an elongate shaft extending distally from the one or more distal layers and penetrating the first end,” ¶[0152], where “shaft 1602 is coupled to and extends distally from the carriage 1626 through the first end 1618a of the drive housing 1614 … the shaft 1602 penetrates the first end 1618a at a central aperture defined through the first end 1618a”), and wherein moving the carriage along the lead screw comprises advancing or retracting the elongate shaft relative to the first end (¶[0152], where “rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis A1 and correspondingly advance or retract the end effector 1604 relative to the drive housing 1614,” ¶[0178], which teaches “advancing or retracting the elongate shaft 1602 (FIG. 16) by axially translating the carriage 1626”).
Regarding claim 11, Beckman teaches all limitations of claim 1 as described in the rejection above.
Beckman teaches that the robotic surgical tool further includes an activating mechanism provided on the carriage and operatively coupled to the spline at a spline drive gear mounted to the spline (¶[0205], where “the first activating mechanism 1638a includes a driven gear 2502 provided about the exterior of the shaft 1602 (i.e., the closure tube), a spline drive gear 2504 provided on the first spline 1624a, and a pair of idler gears 2506, 2507 arranged between the spline drive gear 2504 and the driven gear 2502 to transfer rotary force from the first spline 1624a to the driven gear 2502”), and a lever protruding from the drive housing and operatively coupled to the activating mechanism (¶[0200], where “a lever 2402 operatively coupled to the carriage 1626 and movable to switch or change loading (i.e., input rotation) of the first activating mechanism 1638a”), the method further comprising: manually pivoting the lever about a first axis from a first position, where the spline drive gear engages the activating mechanism (¶[0202], where “The universal joint is arranged within the arm 2408 to retain and rotatably couple the lever 2402 to the pin mount 2410, such that the lever 2402 may rotate about the first pivot (vertical) axis P1 as shown by arrow R. In this manner, the first pin 2412 operates as a fulcrum, defined by the first pivot axis P1, on which the arm 2408 of the lever 2402 may pivot (rotate) laterally and sideways as shown by arrow R when a lateral force is applied to the user engagement portion 2406,” ¶[0204], where “FIG. 25A illustrates the lever 2402 in a first (engaged) position where the first spline 1624a is engaged with the first activating mechanism 1638a”), and a second position, where the lever moves the spline drive gear out of engagement with the activating mechanism (¶[0203], where “The universal joint also pivotally couples the lever 2402 to the carriage 1626 such that the lever 2402 may rotate about a second pivot (horizontal) axis P2, ¶[0204], where “FIG. 25B illustrates the lever 2402 moved or pivoted in direction D into a second position where the first spline 1624a is disengaged from the first activating mechanism 1638a”); engaging a scoop portion of the lever (¶[0208], where “The lever 2402 may include a finger or scoop portion 2514”) on the activating mechanism when the lever moves to the second position (¶[0208], where “The scoop portion 2514 is provided to move (lift) the spline drive gear 2504 out of engagement with the first idler gear 2506 when the lever 2402 is moved about the second pivot axis P2”); and manually rotating the lever about a second axis perpendicular to the first axis and thereby manually driving the activating mechanism with gear teeth of the scoop portion (¶[0208], where “The lever 2402 may include a finger or scoop portion 2514 and a set of gear teeth 2516 … the set of gear teeth 2516 are operatively coupled with the first idler gear 2506 when the lever 2402 is in the second position (FIG. 25B). In the illustrated embodiment, a manual drive gear 2518 is provided on the first spline 1624a. Here, the manual drive gear 2518 may rotate about independent of the first spline 1624a to operatively couple the set of gear teeth 2516 on the lever 2402 to gear teeth of the first idler gear 2506 when the lever 2402 is in the second position (FIG. 25B) … pulling the lever 2402 down in direction D disengages the spline drive gear 2504 from the first idler gear 2506 while simultaneously engaging the set of gear teeth 2516 (on the lever 2402) with the manual drive gear 2518. In one example, the set of gear teeth 2516 are configured as a set of one-way teeth, or as a single tooth or pawl of a ratchet, with the manual drive gear 2518 having corresponding teeth that are engaged by the set of gear teeth 2516 when the lever 2402 is rotated in a first direction but are not engaged by the set of gear teeth 2516 when the lever 2402 is rotated in an opposite direction”).
Regarding claim 12, Beckman teaches all limitations of claim 11 as described in the rejection above.
Beckman teaches biasing the lever to the first position with a biasing element (¶[0209], where “a biasing element 2520 (e.g., a spring) is provided for biasing the spline drive gear 2504 into engagement with the first idler gear 2506. A second biasing element 2522 (e.g., a spring) may also be provided to help maintain the lever 2402 in the first position where the set of gear teeth 2516 is uncoupled from the first activating mechanism 1638a”).
Regarding claim 13, see the rejection of claim 1 above. However, claim 13 adds “an end cap removably coupled to the second end and including a frame assembly, a ring arranged about the frame assembly, grasping and manually rotating the ring relative to the frame assembly, driving a ring gear defined on the ring against a pinion operatively coupled to the spline coupling as the ring rotates, and actuating the spline as the ring gear rotates and thereby manually actuating a function of the robotic surgical tool.”
Beckman teaches an end cap removably coupled to the second end (¶[0170] ,where “the end cap 1906 is removably attachable to the second end 1618b of the drive housing 1614”) and including a frame assembly, and a ring arranged about the frame assembly (¶[0175], where “the removable cap 1906 further includes a frame assembly 2008 and a ring 2010 arranged about the frame assembly 2008”); grasping and manually rotating the ring relative to the frame assembly (¶[0180], where “the ring 2010 is operatively coupled to the first spline coupling 2004 such that manually rotating the ring 2010 relative to the frame assembly 2008 will correspondingly rotate the first spline coupling 2004”); driving a ring gear defined on the ring against a pinion operatively coupled to the spline coupling as the ring rotates; and actuating the spline as the ring gear rotates and thereby manually actuating a function of the robotic surgical tool (¶[0185], where “The pinion gear 2116 may be arranged such that the teeth 2118 extend beyond the annular surface 2120 and into the channel 2110. In this manner, the teeth 2106 of the ring gear 2104 may engage and mesh with the teeth 2118 of the pinion gear 2116 when the ring 2010 is assembled on the frame assembly 2008, such that rotation may be imparted on the pinion gear 2116 by rotating the ring gear 2104 through interaction of their respective teeth 2106, 2118. Accordingly, rotation of the ring 2010 about the axis A1 of the frame assembly 2008 causes the ring gear 2104 to similarly rotate about the axis A1, which in turn causes rotation of the pinion gear 2116 intermeshed with the ring gear 2104 and rotation of the spline coupling 2004a extending from the pinion gear 2116, such that the first spline 1624a (FIG. 16) when received within the spline coupling 2004a may be manually actuated (independent of the instrument driver 1800 of FIG. 18A) by rotating the removable cap 1906”).
Regarding claim 14, Beckman teaches all limitations of claim 13 as described in the rejection above. Furthermore, regarding claim 14, see the rejection of claim 3 above.
Regarding claim 15, Beckman teaches all limitations of claim 13 as described in the rejection above. Furthermore, regarding claim 15, see the rejection of claim 7 above. However, claim 15 adds “wherein manually rotating the ring gear relative to the frame assembly further comprises: driving the ring gear against the a second pinion gear as the ring rotates; and rotating the lead screw as the second pinion gear rotates and thereby translating the carriage on the lead screw via the carriage nut.”
Beckman teaches that manually rotating the ring gear relative to the frame assembly further comprises: driving the ring gear against the a second pinion gear as the ring rotates (¶[0189], where “To utilize the proximal manual actuation mechanism 2200, the user may hold the surgical tool 1600 at the first end 1618a (FIG. 16) or at the shroud 1640 and then manually apply a rotational force to (twist) the ring 2010 of the removable cap 1906, which thereby causes the ring 2010 to rotate about the frame assembly 2008 … the ring gear 2104 rotates with the ring 2010, the pinion gear 2116 rotates with the first spline coupling 2004a, and the ring gear 2014 and the pinion gear 2166 are operatively coupled together via intermeshing of the teeth 2106 of ring gear 2104 with the teeth 2118 of the pinion gear 2116”); and rotating the lead screw as the second pinion gear rotates and thereby translating the carriage on the lead screw via the carriage nut (¶[0152], where “The outer surface of the lead screw 1622 defines helical threading and the carriage nut 1634 defines corresponding internal helical threading (not shown) matable with the outer helical threading of the lead screw 1622. As a result, rotation of the lead screw 1622 causes the carriage nut 1634 to advance or retract the carriage 1626 along the longitudinal axis,” ¶[0191], where “rotation of the proximal manual actuation mechanism 2200 manually opens or closes the jaws 1610, 1612 (FIG. 16), as described above, while simultaneously rotating the stage coupling 2006, together with the lead screw 1622 received therein”).
Regarding claim 16, Beckman teaches all limitations of claim 15 as described in the rejection above. Furthermore, regarding claim 16, see the rejection of claim 8 above.
Regarding claim 17, Beckman teaches all limitations of claim 13 as described in the rejection above. Furthermore, regarding claim 17, see the rejection of claim 4 above.
Regarding claim 18, Beckman teaches all limitations of claim 17 as described in the rejection above. Furthermore, regarding claim 18, see the rejection of claim 5 above.
Regarding claim 19, see the rejection of claim 1 above. However, claim 19 adds “a spline extendable between the first and second ends; a carriage movably arranged within the drive housing and movable between the first and second ends; an activating mechanism provided on the carriage and operatively coupled to the spline at a spline drive gear mounted to the spline; and a lever protruding from the drive housing and operatively coupled to the activating mechanism; manually pivoting the lever about a first axis from a first position, where the spline drive gear engages the activating mechanism, and a second position, where the lever moves the spline drive gear out of engagement with the activating mechanism; engaging a scoop portion of the lever on the activating mechanism when the lever moves to the second position; and manually rotating the lever about a second axis perpendicular to the first axis and thereby manually driving the activating mechanism with gear teeth of the scoop portion.”
Beckman teaches a spline extendable between the first and second ends (¶[0148], where “one or more splines 1624 also extend longitudinally between the first and second ends 1618a,b”); a carriage movably arranged within the drive housing (Figure 16, drive housing 1614, carriage 1626) and movable between the first and second ends (¶[0152], where “The carriage 1626 is movable between the first and second ends 1618a,b”); an activating mechanism provided on the carriage and operatively coupled to the spline at a spline drive gear mounted to the spline (¶[0205], where “the first activating mechanism 1638a includes a driven gear 2502 provided about the exterior of the shaft 1602 (i.e., the closure tube), a spline drive gear 2504 provided on the first spline 1624a, and a pair of idler gears 2506, 2507 arranged between the spline drive gear 2504 and the driven gear 2502 to transfer rotary force from the first spline 1624a to the driven gear 2502”); and a lever protruding from the drive housing and operatively coupled to the activating mechanism (¶[0200], where “a lever 2402 operatively coupled to the carriage 1626 and movable to switch or change loading (i.e., input rotation) of the first activating mechanism 1638a”); manually pivoting the lever about a first axis from a first position, where the spline drive gear engages the activating mechanism (¶[0202], where “The universal joint is arranged within the arm 2408 to retain and rotatably couple the lever 2402 to the pin mount 2410, such that the lever 2402 may rotate about the first pivot (vertical) axis P1 as shown by arrow R. In this manner, the first pin 2412 operates as a fulcrum, defined by the first pivot axis P1, on which the arm 2408 of the lever 2402 may pivot (rotate) laterally and sideways as shown by arrow R when a lateral force is applied to the user engagement portion 2406,” ¶[0204], where “FIG. 25A illustrates the lever 2402 in a first (engaged) position where the first spline 1624a is engaged with the first activating mechanism 1638a”), and a second position, where the lever moves the spline drive gear out of engagement with the activating mechanism (¶[0203], where “The universal joint also pivotally couples the lever 2402 to the carriage 1626 such that the lever 2402 may rotate about a second pivot (horizontal) axis P2, ¶[0204], where “FIG. 25B illustrates the lever 2402 moved or pivoted in direction D into a second position where the first spline 1624a is disengaged from the first activating mechanism 1638a”); engaging a scoop portion of the lever (¶[0208], where “The lever 2402 may include a finger or scoop portion 2514”) on the activating mechanism when the lever moves to the second position (¶[0208], where “The scoop portion 2514 is provided to move (lift) the spline drive gear 2504 out of engagement with the first idler gear 2506 when the lever 2402 is moved about the second pivot axis P2”); and manually rotating the lever about a second axis perpendicular to the first axis and thereby manually driving the activating mechanism with gear teeth of the scoop portion (¶[0208], where “The lever 2402 may include a finger or scoop portion 2514 and a set of gear teeth 2516 … the set of gear teeth 2516 are operatively coupled with the first idler gear 2506 when the lever 2402 is in the second position (FIG. 25B). In the illustrated embodiment, a manual drive gear 2518 is provided on the first spline 1624a. Here, the manual drive gear 2518 may rotate about independent of the first spline 1624a to operatively couple the set of gear teeth 2516 on the lever 2402 to gear teeth of the first idler gear 2506 when the lever 2402 is in the second position (FIG. 25B) … pulling the lever 2402 down in direction D disengages the spline drive gear 2504 from the first idler gear 2506 while simultaneously engaging the set of gear teeth 2516 (on the lever 2402) with the manual drive gear 2518. In one example, the set of gear teeth 2516 are configured as a set of one-way teeth, or as a single tooth or pawl of a ratchet, with the manual drive gear 2518 having corresponding teeth that are engaged by the set of gear teeth 2516 when the lever 2402 is rotated in a first direction but are not engaged by the set of gear teeth 2516 when the lever 2402 is rotated in an opposite direction”).
Regarding claim 20, Beckman teaches all limitations of claim 19 as described in the rejection above. Furthermore, regarding claim 20, see the rejection of claim 12 above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/SEFRA D. MANOS/Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792
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