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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, 6-7, 10, and 19 recite the limitation "the rigid section.” See claim 1, section (b)(ii-iv). Claim 10 section b (ii-iii), and claim 19 sections (b)(ii-iii), (v). There is insufficient antecedent basis for this limitation in the claim. Based on the wording of the claims, in section (ii) this is interpreted as “the elongate section” and in sections (iii) and (iv) (and claims 6-7) it is being interpreted as “the optical section.”
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper et al. [US 20080071289 A1, hereinafter “Cooper”] in view of Sanders et al. [US 20080108869 A1, hereinafter “Sanders”] and further in view of Cho [US 4802461 A].
Re. claim 1, Cooper discloses a robotic surgical system [Figs. 17, 17A-B], comprising:
(a) a robotic surgical device [1700] comprising:
(i) an elongate device body [guide tube 1708/1742 in Fig. 17B];
(ii) first and second segmented arms [1702 a,b] operably coupled to a distal end of the elongate device body [Fig. 17B] via first and second shoulder joints; [Annotated Fig. 17]
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(iii) a camera lumen defined within the device body, the camera lumen comprising:
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(A) a socket [the opening of the lumen] defined in the proximal end of the device body; and
(B) an elongate lumen section [the lumen past the opening] defined along a length of the elongate device body, the elongate lumen section in communication with the socket [Par. 0201];
(b) a removable camera component [1704 in Fig. 17/1750 in Fig. 17B], comprising:
(ii) an elongate tube [Annotated Fig. 17B; 1706 in Fig. 17, see Par. 0199], wherein the elongate tube is configured and sized to be positionable through the elongate lumen section [Par. 0201, Fig. 17B], wherein the elongate tube comprises an elongate section [1706, Par. 0199] comprising a lumen [it is “tubular,” thus inherently has a lumen], an optical section [1722], and a flexible section [1714, 1716, 1718, and 1720, together] operably coupling the optical section to the elongate (see 112(b) above) section [Fig. 17B]such that the optical section is moveable between a straight configuration [Fig. 17] and a tilt configuration [Fig. 17A].
The invention of Cooper differs from the claimed invention in that Cooper fails to teach the controller body and the first and second cables. However, Sanders teaches, in a camera for a surgical device:
(i) a controller body [22, Fig. 1] the controller body comprising a camera actuator [28] disposed within the controller body [Fig. 1]; an elongate tube [12] operably coupled to the controller body,
(iii) a first cable [pull wire 248] operably coupled at a proximal end to the camera actuator and at a distal end to a first side of the optical section, wherein the first cable is movable in a proximal direction such that the optical (see 112(b) above) section is urged into the tilt configuration [Par. 0182]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper to add first cable as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182]. Adding the controller body with actuator would have been obvious in order to allow a user to actuate the device.
The above references fail to teach the second cable compromising a tensioning component and a tension stated in which the rigid section is urged into the straight configuration. However, Cho teaches, in a surgical apparatus having a tool arm with a first cable [42] urging a device into a tilted position, (iv) a second cable [43] operably coupled at a distal end to a second side of the optical section, comprising a tensioning component [“spring,” Col. 4 line 62] disposed along a length of the second cable, wherein the tensioning component comprises a tensioned state in which the optical (see 112(b) above) section is urged into the straight configuration [Col. 4. Line 66-Col. 5 line 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper to add a second cable having a tensioning component as taught by Cho in order to allow the end portion to be moved in more than one direction, and when not bent in that direction to be biased toward the straight position.
Regarding the controller body being positionable within the socket, given the above teachings, forming the controller body to be able to enter the socket along with the rest of the camera would have been obvious to one of ordinary skill.
Re. claim 10, Cooper discloses a robotic surgical system [Figs. 17, 17A-B], comprising:
(a) a robotic surgical device [1700] comprising:
(i) a device body [guide tube 1708/1742 in Fig. 17B]; comprising a camera lumen defined within the device body and comprising:
(A) a socket [the opening of the lumen at the proximal end] defined in the proximal end of the camera lumen; and
(B) a distal lumen opening [the distal opening] defined at a distal end of the device body
(ii) first and second robotic arms [1702 a,b] operably coupled to a distal end of the elongate device body [Fig. 17B];
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(b) a removable camera component [1704 in Fig. 17/1750 in Fig. 17B], comprising:
(ii) an elongate tube [Annotated Fig. 17B; 1706 in Fig. 17, see Par. 0199], wherein the elongate tube is configured and sized to be positionable through the elongate lumen section [Par. 0201, Fig. 17B], wherein the elongate tube comprises an elongate section [1706, Par. 0199] comprising a lumen [it is “tubular,” thus inherently has a lumen], an optical section [1722], and a flexible section [1714, 1716, 1718, and 1720, together] rotatably coupling the optical section to the elongate (see 112(b) above) section [Fig. 17B]such that the optical section is moveable between a straight configuration [Fig. 17] and a tilt configuration [Fig. 17A].
The invention of Cooper differs from the claimed invention in that Cooper fails to teach the controller body and the first and second cables. However, Sanders teaches, in a camera for a surgical device:
(i) a controller body [22, Fig. 1] configured to be positioned within the socket, the controller body comprising a camera actuator [28] disposed within the controller body [Fig. 1]; an elongate tube [12] operably coupled to the controller body,
(iii) a first cable [pull wire 248] disposed through the elongate tube [Fig. 20] operably coupled at a proximal end to the camera actuator and at a distal end to a first side of the optical section, wherein the first cable is movable in a proximal direction such that the optical (see 112(b) above) section is urged into the tilt configuration [Par. 0182]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper to add first cable as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182]. Adding the controller body with actuator would have been obvious in order to allow a user to actuate the device.
Regarding the controller body being releasably positioned, this amounts to making the parts separable and would have been desirable to allow for the device to be inspected or for components to be replaced. Therefore, making the controller body releasably positioned within the socket would have been obvious to one of ordinary skill in the art before the effective filing date of the invention. See MPEP 2144.04.V.C.
The above references fail to teach the second cable compromising a tensioning component and a tension stated in which the rigid section is urged into the straight configuration. However, Cho teaches, in a surgical apparatus having a tool arm with a first cable [42] urging a device into a tilted position, (iv) a second cable [43] disposed through an elongate tube [Fig. 3] operably coupled at a distal end to a second side of the optical section, comprising a tensioning component [“spring,” Col. 4 line 62] disposed along a length of the second cable, wherein the tensioning component comprises a tensioned state in which the tensioning component urges the optical section into the straight configuration [Col. 4. Line 66-Col. 5 line 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper to add a second cable having a tensioning component as taught by Cho in order to allow the end portion to be moved in more than one direction, and when not bent in that direction to be biased toward the straight position.
Regarding the controller body being positionable within the socket, given the above teachings, forming the controller body to be able to enter the socket along with the rest of the camera would have been obvious to one of ordinary skill.
Re. claim 19, Cooper discloses a robotic surgical system [Figs. 17, 17A-B], comprising:
(a) a robotic surgical device [1700] comprising:
(i) a device body [guide tube 1708/1742 in Fig. 17B]; comprising a camera lumen defined within the device body and comprising:
(A) a socket [the opening of the lumen at the proximal end] defined in the proximal end of the camera lumen; and
(B) a distal lumen opening [the distal opening] defined at a distal end of the device body
(ii) first and second robotic arms [1702 a,b] operably coupled to a distal end of the elongate device body [Fig. 17B] via first and second shoulder joings [Annotated Fig. 17];
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(b) a removable camera component [1704 in Fig. 17/1750 in Fig. 17B], comprising:
(ii) an elongate tube [Annotated Fig. 17B; 1706 in Fig. 17, see Par. 0199], wherein the elongate tube is configured and sized to be positionable through the elongate lumen section [Par. 0201, Fig. 17B], wherein the elongate tube comprises an elongate section [1706, Par. 0199] comprising a lumen [it is “tubular,” thus inherently has a lumen], an optical section [1722], and a flexible section [1714, 1716, 1718, and 1720, together] rotatably coupling the optical section to the elongate (see 112(b) above) section [Fig. 17B]such that the optical section is moveable between a straight configuration [Fig. 17] and a tilt configuration [Fig. 17A].
The invention of Cooper differs from the claimed invention in that Cooper fails to teach the controller body and the first and second cables. However, Sanders teaches, in a camera for a surgical device:
(i) a controller body [22, Fig. 1] configured to be positioned within the socket,
(v) a camera actuator [28] disposed within the controller body [Fig. 1]; an elongate tube [12] operably coupled to the controller body,
(iii) a first cable [pull wire 248] disposed through the elongate tube [Fig. 20] operably coupled at a proximal end to the camera actuator and at a distal end to a first side of the optical section, wherein the first cable is movable in a proximal direction such that the optical (see 112(b) above) section is urged into the tilt configuration [Par. 0182]
Sanders further teaches the camera actuator is configured to be actuable to urge the first cable in the proximal direction such that the optical section is urged into the tilt configuration [Par. 0129, where the tilt configuration is configured by applying tension to the pull wire, Par. 0182]. Sanders teaches the controller body comprises a controller configured to operate the camera actuator [Par. 0129].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper to add first cable as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182]. Adding the controller body with actuator would have been obvious in order to allow a user to actuate the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper such that the camera actuator is configured to be actuable to urge the first cable in the proximal direction as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device to have a controller in order to allow a user to actuate the device.
Regarding the controller body being positionable within the socket, given the above teachings, forming the controller body to be able to enter the socket along with the rest of the camera would have been obvious to one of ordinary skill. Regarding the controller body being releasably positioned, this amounts to making the parts separable and would have been desirable to allow for the device to be inspected or for components to be replaced. Therefore, making the controller body releasably positioned within the socket would have been obvious to one of ordinary skill in the art before the effective filing date of the invention. See MPEP 2144.04.V.C.
The above references fail to teach the second cable compromising a tensioning component and a tension stated in which the rigid section is urged into the straight configuration. However, Cho teaches, in a surgical apparatus having a tool arm with a first cable [42] urging a device into a tilted position, (iv) a second cable [43] disposed through an elongate tube [Fig. 3] operably coupled at a distal end to a second side of the optical section, comprising a tensioning component [“spring,” Col. 4 line 62] disposed along a length of the second cable, wherein the tensioning component comprises a tensioned state in which the tensioning component urges the optical section into the straight configuration [Col. 4. Line 66-Col. 5 line 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper to add a second cable having a tensioning component as taught by Cho in order to allow the end portion to be moved in more than one direction, and when not bent in that direction to be biased toward the straight position.
Re. claims 2 and 12, the modified Cooper discloses the robotic surgical system as set forth above but fails to teach the tensioning component comprising a spring. However, Cho teaches, in a surgical apparatus having a tool arm with a first cable urging a device into a tilted position, a tensioning component comprises a spring [Col. 4 line 62]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper to add, to the second cable, a spring tensioning component as taught by Cho in order to allow the end portion to be moved in more than one direction, and when not bent in that direction to be biased toward the straight position.
Re. claim 3 and 13, the modified Cooper teaches the apparatus set forth above but fails to teach the seal structure disposed between the socket and the elongate lumen section. However, in a different embodiment, Sanders teaches a seal structure disposed between a socket and an elongate lumen section [sealing member 156, Fig. 13, Par. 0150]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper by adding a seal structure, as taught by Sanders, Fig. 13, between the socket and elongate lumen section of the modified Cooper-Sanders in order to prevent fluid from entering the lumen while permitting passage of a device [Sanders Par. 0150].
Re. claim 4, the modified Cooper teaches the apparatus set forth above but fails to teach the seal structure being removable. However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal structure to be separable in order to allow for access to the lumen. See MPEP 2144.04.V.C.
Re. claim 5, Cooper teaches the elongate tube has a length such that, when the camera component is positioned through the camera lumen, the optical section extends distally out of a distal lumen opening defined at a distal end of the camera lumen [Cooper Fig. 17B].
Re. claim 6 and 14, Sanders further teaches the camera actuator is configured to be actuable to urge the first cable in the proximal direction such that the optical section is urged into the tilt configuration [Par. 0129, where the tilt configuration is configured by applying tension to the pull wire, Par. 0182]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper such that the camera actuator is configured to be actuable to urge the first cable in the proximal direction as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182].
Re. claim 7, 16, and 20, Sanders further teaches the camera actuator is configured to be actuable to release the first cable such that the tensioning component is configured to urge the optical section into the straight configuration [Par. 0183]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Cooper such that the camera actuator is configured to release the first cable such that the tensioning component is configured to urge the optical section into the straight configuration as taught by Sanders in order to provide user control over the shape of the elongate member [Sanders Par. 0172] and bending of hinge member [Sanders Par. 0182].
Re. claim 8 and 17, Sanders teaches the controller body comprises a controller configured to operate the camera actuator [Par. 0129]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device to have a controller in order to allow a user to actuate the device.
Re. claim 9 and 18, Cooper teaches in Fig. 17 that the elongate tube is not rotatable. However, Sanders teaches the elongate tube is configured to be rotatable in relation to the controller body [“The camera may be configured to move relative to the shaft such as, for example, by a … rotating coupling,” Par. 0025]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper by forming the elongate tube and the elongate lumen section such that the elongate tube is rotatable relative to the controller body, as taught by Sanders, in order to allow the camera to be positioned in a wider variety of ways.
Re. claim 11, Cooper teaches the shoulder joints substantially as set forth with respect to claim 1 above.
Re. claim 15, Cho further teaches when the rigid section is urged into the tilt configuration, a distal end of the second cable [43] is urged distally such that the tensioning component is urged into the tensioned state [see Figs. 2-3 and Col. 5 lines 1-15]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Cooper such that when the rigid section is urged into the tilt configuration, a distal end of the second cable [43] is urged distally such that the tensioning component is urged into the tensioned state in order to allow the end portion to be moved in more than one direction, and when not bent in that direction to be biased toward the straight position.
Conclusion
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/ERIN MCGRATH/Primary Examiner, Art Unit 3771