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 .
Election/Restrictions
Claims 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2025.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 11/19/2025 has been considered by the Examiner.
Claim Objections
Claim 1 objected to because of the following informalities: “a second body coupleable to the first body” should read “a second body couplable to the first body”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8 and 11 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites the limitation “a cross-sectional area of the plurality of protrusions decreases in a direction from the second protruding portion to the first protruding portion.” However, Fig. 6 pictures the second protruding portion 131b at the end of the first protruding portion 131a and paragraph [0080] of the Specification describes the protrusion as having a tapered shape wherein the cross-sectional area of the protrusion decreases in a direction from the first fastening portion to the second fastening portion. Examiner understands the structure of the protruding portion 131, in accordance with the figures and Specification, to be tapered in a manner where the first protruding portion 131a located closest to the surface of the first fastening part 130 is the widest point and the cross-sectional area decreases in the direction towards the second protruding portion 131b located at the end of the protruding portion 131. Therefore, the claim language is inconsistent with the embodiment of the invention as taught in the Specification.
Examiner is interpreting the limitation of claim 8 in accordance with the embodiment taught in the figures and Specification wherein a cross-sectional area of the plurality of protrusions increases in a direction from the second protruding portion to the first protruding portion.
By virtue of its dependence on an improper parent claim, claim 11 is also rejected.
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 3, 4, and 15 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.
The term “approximately equal” in claims 3 and 4 is a relative term which renders the claim indefinite. The term “approximately equal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, rendering the limitation ‘the angle between adjacent protrusions/grooves of the plurality of protrusions/grooves remains approximately equal” to be indefinite.
Claim 4 is also rejected for being indefinite because the claim recites (emphasis added) “the plurality of grooves are circumferentially arranged on the second body part such that an angle between adjacent protrusions of the plurality of grooves remains approximately equal.” Examiner is interpreting this claim in the context of claims 1-3 and in accordance with paragraph [0013] of the Specification and therefore interprets the limitation as ‘an angle between adjacent grooves of the plurality of grooves remains approximately equal.”
Claim 15 is rejected for being indefinite because the claim recites “the plurality of second fastening parts are disposed on the second fastening part.” It is unclear how the plurality of second fastening parts may be disposed on themselves. Examiner is interpretating the limitation in the context of the claim and in accordance with paragraphs [0020-0021] of the specification and therefore interprets the limitation as “the plurality of second fastening parts are disposed on the second accommodating part.”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (WO 2023284515 A1, machine translation).
Regarding claim 1, Yang teaches a surgical device comprising:
a first body (100) having a first fastening part (130); and
a second body (200) couplable to the first body and having a second fastening part (230),
wherein, when the first body and the second body are coupled, the first fastening part is accommodated in the second fastening part (see Fig. 5, [Abstract, machine translation]; instrument driver 100, which is regarded as the first body, and sterile adapter 200, which is regarded as the second body, mesh and cooperate with each other by means of several teeth on the driver transmission members 130 and adapter transmission members 230).
Regarding claim 2, Yang teaches the surgical device of claim 1, wherein the first body (100) further comprises a first body part (101) and a first accommodating part configured to accommodate a surgical instrument (see annotated Fig. 2 below; first body 100 is regarded as comprising an accommodating part due to unlabeled U-shaped recess in first body 100 which is configured to accommodate the shaft of surgical instrument 300),
the first fastening part (130) comprises a plurality of protrusions (1310) extending from a surface of the first body part (see Fig. 2, fastening parts 130 extending from surface of first body part 101),
the second body (200) comprises a second body part (220) and a second accommodating part for receiving the surgical instrument (see annotated Fig. 2 below; second body 200 is regarded as comprising an accommodating part due to unlabeled U-shaped recess in second body 200 configured to accommodate the shaft of surgical instrument 300), and
the second fastening part (230) comprises a plurality of grooves recessed from a surface of the second body (see annotated Fig. 8 below).
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Annotated Fig. 2
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Annotated Fig. 8
Regarding claim 3, Yang teaches the surgical device of claim 2, wherein the plurality of protrusions (1310) are circumferentially arranged on the first body part such that an angle between adjacent protrusions of the plurality of protrusions remains approximately equal (see annotated Fig. 6 below, [Page 7, Paragraph 1, machine translation]; toothed portion 131 is center symmetrical on the driver transmission member 130, the plurality of teeth 1310 are uniformly distributed along the radial direction of the transmission member 130).
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Annotated Fig. 6
Regarding claim 4, Yang teaches the surgical device of claim 3, wherein the plurality of grooves are circumferentially arranged on the second body part such that an angle between adjacent grooves of the plurality of grooves remains approximately equal (see annotated Fig. 8 below, [Page 7, Paragraph 4, machine translation]; second toothed portion 223 is similar to the first toothed portion 130, and the teeth 2330 have a radial distribution, it can be appreciated that the grooves located between each of the teeth 2330 also have an equal radial distribution).
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Annotated Fig. 8
Regarding claim 5, Yang teaches the surgical device of claim 2, wherein each protrusion of the plurality of protrusions corresponds to a groove of the plurality of grooves (see [Page 3, Paragraph 3, machine translation]; the adapter transmission part and the driver transmission part mesh and cooperate through a number of teeth evenly arranged on their respective surfaces, [Page 7, Paragraph 4 – Page 8, Paragraph 1, machine translation]; the toothed portions 130 and 230 on the first and second bodies are configured such that the second toothed portion forms a clasp on the first toothed portion, such that in a combined state the two form a complete cylinder).
Regarding claim 6, Yang teaches the surgical device of claim 5, wherein the plurality of grooves are sized and shaped to receive the plurality of protrusions (see [Page 7, Paragraph 4, machine translation]; the meshing surfaces of the second toothed portion 233, which comprises a plurality of grooves, forms a clearance fit with the meshing surfaces of the first toothed portion 131).
Regarding claim 7, Yang teaches the surgical device of claim 2, wherein the each of the plurality of protrusions (1310) comprises a first protruding portion (lower end of tooth 1310) and a second protruding portion (1311), and
the first protruding portion is disposed proximate the surface of the first body part and the second protruding portion is spaced from the surface of the first body part (see annotated Fig. 6 below where the first protruding portion is located proximate to the surface of first body part 101 and the second protruding portion is spaced from the first body part).
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Annotated Fig. 6
Regarding claim 8, Yang teaches the surgical device of claim 7, wherein at least a portion of the second protruding portion is curved (see Fig. 6, [Page 7, Paragraph 1, machine translation]; the tooth peak 1311, which is regarded as the second protruding portion, may have a rounded corner), and
a cross-sectional area of the plurality of protrusions increases in a direction from the second protruding portion to the first protruding portion (see annotated Fig. 6 below where the protruding portion 131 have a smaller cross-sectional area at the second protruding portion due to tooth peak 1311 which has a smaller cross-sectional area than the first protruding portion located at the base).
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Annotated Fig. 6
Regarding claim 9, Yang teaches the surgical device of claim 2, wherein each of the plurality of grooves comprises a first groove portion and a second groove portion (see annotated Fig. 8 below), and
the second groove portion is disposed proximate the second body part (see Fig. 7, [Page 7, Paragraph 2, machine translation]; lower housing 220 is regarded as the second body part wherein the second fastening portions 230 are recessed from lower surface 221 of lower housing 220, the second groove portion is the deepest recessed part of grooves of second fastening portion 230, so it can be appreciated that it is located proximate to the second body part/lower housing 220) and
the first groove portion is spaced away from the second body part (see annotated Fig. 8 below where the first groove portion is the shallower recessed portion of the groove, which is located away from the second body portion/lower housing portion 220).
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Annotated Fig. 8
Regarding claim 10, Yang teaches the surgical device of claim 9, wherein a cross-sectional area of the plurality of grooves decreases in a direction from the first groove portion to the second groove portion (see annotated Fig. 8 below, [Page 7, Paragraph 4, machine translation]; where the cross sectional area of the plurality of grooves decreases from the first groove portion to the second grooved portion due to the shape of the second toothed portion 2330 which has a larger base and a crest 2331 at the end of the second fastening portion closest to the first fastening portion).
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Annotated Fig. 8
Regarding claim 11, Yang teaches the surgical device of claim 8, wherein the second protruding portion has a polygonal cross-sectional shape with rounded corners (see Fig. 6, [Page 7, Paragraph 1, machine translation]; the tooth peak 1311, which is regarded as the second protruding portion, may have round corners, it can be appreciated that the cross-sectional area has a polygonal shape due to the three-dimensional projection of the protruding portion).
Regarding claim 12, Yang teaches the surgical device of claim 11, wherein the second groove portion has a polygonal cross-sectional shape with rounded corners that corresponds to the second protruding portion (see Fig. 8, [Page 7, Paragraph 4, machine translation]; the first and second teethed portions are configured to mate together to form a complete cylinder so the recesses between teeth 2330 on the second fastening portion may have rounded corners to mesh with the shape of the first fastening portion, and have a polygonal cross-sectional shape due to their three dimensional recession shaped to receive teeth 131 from the first fastening portion) and
the second protruding portion comprises a surgical instrument fixing device that is fitted and coupled to the second groove portion (see [Page 7, Paragraph 4, machine translation]; the first and second fastening portions mesh together via toothed portions in order to affix the surgical device pieces).
Regarding claim 13, Yang teaches the surgical device of claim 9. Yang further teaches where the second protruding portion and the corresponding second groove portion have a substantially triangular shape with rounded corners, as pictured in Fig. 6 where the second protruding portion/tooth peaks 1311 are substantially triangular shaped and may have rounded corners ([Page 7, Paragraph 1, machine translation]), and
a pair of adjacent sides have the same length (see [Page 7, Paragraph 1, machine translation]; each tooth 1310 can have a symmetrical structure with respect to its own midline, which would result in a pair of adjacent sides of peak 1311 with the same length) with an angle between vertices adjacent to a center of the first fastening part and a center of the second fastening part (see Fig. 6 which pictures the arrangement of teeth 131 adjacent to the center of first fastening part 130, [Page 7, Paragraph 1, machine translation]; it can be appreciated that in some embodiments the shape/structure of the first and second fastening parts are identical).
Regarding claim 14, Yang teaches the surgical device of claim 1, wherein the first fastening part further comprises a first support (130) configured to support the protrusions (see [Page 7, Paragraph 1, machine translation]; first fastening part 130 supports toothed portion 131) and a second support (140) configured to support the first support on the first body (100), and
wherein the second support further comprises a spring (142) member configured to elastically support the first support (see annotated Fig. 4 below, [Page 6, Paragraph 7, machine translation]; elastic assembly load 140 located below the driver transmission member 130 comprising second spring seat and spring 143 located between the first spring seat 141 and the driver transmission member 130).
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Annotated Fig. 4
Regarding claim 15, Yang teaches the surgical device of claim 2, wherein the first fastening part (130) is provided in plurality, and the second fastening part (230) is provided in plurality, the plurality of first fastening parts are disposed on the first accommodating part, and the plurality of second fastening parts are disposed on the second fastening part.
See annotated Fig. 5 below which pictures a plurality of first fastening parts 130 on first body 100 and second fastening parts 230 on second body 200. It can be appreciated that the first body 100 and second body 200 are regarded as a respective first and second accommodating part due to the unlabeled U-shaped recess as indicated in the annotated figure, which is configured to accommodate the shaft of surgical instrument 300 as seen in Fig. 2.
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Annotated Fig. 5
Regarding claim 16 Yang teaches the surgical device of claim 15, wherein the plurality of first fastening parts (130) are disposed at equal intervals along the first accommodating part, and the plurality of second fastening parts (230) are disposed at equal intervals along the second accommodating part.
See annotated Fig. 5 below which pictures a plurality of first fastening parts 130 disposed at equal intervals on the first body 100 and a plurality of second fastening parts 230 disposed at equal intervals on the second body 200. It can be appreciated that the first body 100 and second body 200 are regarded as a respective first and second accommodating part due to the unlabeled U-shaped recess as indicated in the annotated figure, which is configured to accommodate the shaft of surgical instrument 300 as seen in Fig. 2.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISHA J SIRCAR whose telephone number is (571)272-0450. The examiner can normally be reached Monday - Thursday 9-6:30, Friday 9-5:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.J.S./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792