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 .
Claim Objections
Claim 13 is objected to because of the following informalities:
In claim 13, line 17, “the rotation axis” should read “a rotation axis”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-4, 9-11, and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He et al. (WIPO Pub. No. 2021/037170).
Regarding claim 1, He teaches a transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) for connecting a sterile adapter (Fig. 2A-2B, Paragraph 00204, line 2, 200) to a surgical instrument (Fig. 2A-2B, Paragraph 00204, line 2, 300), the transmission and connection structure comprising: a first transmission member (Fig. 5A-5G, Paragraph 00210, line 3, 1200) configured to be provided at the sterile adapter (Fig. 5A-5G, Paragraph 00210, line 3) and a second transmission member (Fig. 5A-5G, Paragraph 00210, line 4, 1300) configured to be provided at the surgical instrument (Fig. 17, Paragraph 00210, line 4); and wherein: the first transmission member and the second transmission member each include a fitting surface (Fig. 7A-7B, Paragraph 00234, lines 3 and 7, 1040/1003), wherein the fitting surface includes a transmission fitting portion (Fig. 7A-7B, Paragraph 00235, line 8, 1050/1060) and a cylindrical fitting portion (Fig. 7A-7B, Paragraph 00235, lines 12-15, 1220/1330), and wherein the cylindrical fitting portion has a central axis aligned with a rotation axis of the first transmission member as well as a rotation axis of the second transmission member (Fig. 7A-7D).
Regarding claim 2, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 1, wherein one of the first transmission member and the second transmission member includes a cylindrical protrusion (Fig. 7A-7B, Paragraph 00235, line 13, 1220), and the other of the first transmission member and the second transmission member includes a cylindrical groove (Fig. 7A-7B, Paragraph 00235, line 14, 1330); and wherein the cylindrical groove is sized to fit the cylindrical protrusion (Fig. 7A-7B, Paragraph 00235, lines 14-15), and each of the cylindrical protrusion and the cylindrical groove has a central axis aligned with the rotation axis of the first transmission member as well as the rotation axis of the second transmission member (Fig. 7A-7B).
Regarding claim 3, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 1, wherein one of the first transmission member and the second transmission member includes at least one transmission boss (Fig. 7A-7B, Paragraph 00235, line 8, 1060), and the other of the first transmission member and the second transmission member includes at least one transmission groove (Fig. 7A-7B, Paragraph 00235, line 8, 1050); and wherein the at least one transmission boss and the at least one transmission groove are configured as fool-proofing structures (Fig. 7A-7B).
Regarding claim 4, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 1, wherein the first transmission member includes a first transmission member body (Fig. 5A-5G, Paragraph 00210, line 3, 1200) and a cylindrical protrusion (Fig. 7A-7B, Paragraph 00235, line 13, 1220) protruding from the first transmission member body (Fig. 7A-7B), and the second transmission member includes a second transmission member body (Fig. 5A-5G, Paragraph 00210, line 4, 1300) and a cylindrical groove (Fig. 7A-7B, Paragraph 00235, line 14, 1330) recessed into the second transmission member body (Fig. 7A-7B); and wherein the cylindrical protrusion is configured to be inserted into and fitted with the cylindrical groove (Fig. 7A-7B), and the cylindrical protrusion and the cylindrical groove each include the cylindrical fitting portion (Fig. 7A-7B, Paragraph 00235, lines 12-15, 1220/1330).
Regarding claim 9, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 4, wherein the cylindrical protrusion (Fig. 7A-7B, Paragraph 00235, line 13, 1220) includes a guiding bevel (See Annotated Fig. 7A) extending along a circumference of the cylindrical protrusion at a top of the cylindrical protrusion (See Annotated Fig. 7A).
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Annotated Fig. 7A (He)
Regarding claim 10, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 1, wherein the sterile adapter (Fig. 2A-2B, Paragraph 00204, line 2, 200) includes an adapter body (Fig. 3-4, Paragraph 00257, line 3, 4000/4100/4200), and the adapter body defines a mounting hole (Fig. 3-4, Paragraph 00257, lines 4-5, 4110/4210) for the first transmission member (Fig. 3-4); wherein the first transmission member is rotatably received in the mounting hole (Fig. 3-4, Paragraph 00268, lines 10-11); and wherein the first transmission member is further provided with a positioning portion (Fig. 4 and 7C-7D, Paragraph 00257, lines 8 and 20-23, 1230), the adapter body is further provided with a limiting portion (Fig. 4 and 7C-7D, Paragraph 00257, lines 16-18, “limiting groove”) in the mounting hole (Fig. 4 and 7C-7D), and the limiting portion prevents the positioning portion from moving (Fig. 4 and 7C-7D, Paragraph 00257, lines 18-20).
Regarding claim 11, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 10, wherein the first transmission member has a diameter at a lower end of the first transmission member larger than a diameter of an upper end of the mounting hole (Fig. 16).
Regarding claim 13, He teaches an instrument drive transmission mechanism (Paragraph 0012, lines 1-4) for a surgical robot (Fig. 1, Paragraph 00203, line 1) comprising: a transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) for connecting a sterile adapter (Fig. 2A-2B, Paragraph 00204, line 2, 200) to a surgical instrument (Fig. 2A-2B, Paragraph 00204, line 2, 300), wherein: the transmission and connection structure includes a first transmission member (Fig. 5A-5G, Paragraph 00210, line 3, 1200) configured to be provided at the sterile adapter (Fig. 5A-5G, Paragraph 00210, line 3) and a second transmission member (Fig. 5A-5G, Paragraph 00210, line 4, 1300) configured to be provided at the surgical instrument (Fig. 17, Paragraph 00210, line 4); the first transmission member and the second transmission member each include a fitting surface (Fig. 7A-7B, Paragraph 00234, lines 3 and 7, 1040/1003), wherein the fitting surface includes a transmission fitting portion (Fig. 7A-7B, Paragraph 00235, line 8, 1050/1060) and a cylindrical fitting portion (Fig. 7A-7B, Paragraph 00235, lines 12-15, 1220/1330), and wherein the cylindrical fitting portion has a central axis aligned with the rotation axis of the first transmission member as well as a rotation axis of the second transmission member (Fig. 7A-7D); the instrument drive transmission mechanism further comprises a third transmission member (Fig. 5A-5G, Paragraph 00210, line 1, 1100); a lower end of the first transmission member is connected to the third transmission member by means of a transmission groove (Fig. 7A-7B, Paragraph 00235, line 5, 1020), and the first transmission member is further connected to the third transmission member by means of a cylindrical boss (Fig. 7A-7B, Paragraph 00235, line 9, 1140) and a cylindrical sinking table (Fig. 7A-7B, Paragraph 00235, lines 11-12, 1210); the cylindrical boss has a cylindrical fitting surface (Fig. 7A-7B), the cylindrical sinking table has a cylindrically recessed structure (Fig. 7A-7B), and axes of the cylindrical boss and the cylindrical sinking table are located on a rotation axis of the first transmission member as well as a rotation axis of the third transmission member (Fig. 7A-7B, Paragraph 00223, lines 1-4).
Regarding claim 14, He teaches the instrument drive transmission mechanism (Paragraph 0012, lines 1-4) for the surgical robot (Fig. 1, Paragraph 00203, line 1) according to claim 13, wherein the transmission groove (Fig. 7A-7B, Paragraph 00235, line 5, 1020) for connection of the third transmission member and the first transmission member has a fool-proofing structure (Fig. 7A-7B).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (WIPO Pub. No. 2021/037170).
Regarding claim 5, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 4, wherein the first transmission member further includes a transmission groove (Fig. 7A-7B, Paragraph 00235, line 8, 1050) recessed into the first transmission member body (Fig. 7A-7B), and the second transmission member further includes a transmission boss (Fig. 7A-7B, Paragraph 00235, line 8, 1060) protruding from the second transmission member body (Fig. 7A-7B); and wherein the transmission boss is configured to be inserted into and fitted with the transmission groove (Fig. 7A-7B, Paragraph 00235, lines 17-18).
He does not teach that the first transmission member includes a transmission boss protruding from the first transmission body or that the second transmission member includes a transmission groove recessed into the second transmission body in order to connect the first and second transmission members together. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the transmission boss so that it protrudes from the first transmission body, and to rearrange the transmission groove so that it is recessed into the second transmission body in order to connect the first and second transmission members together. Doing so would have yielded the predictable result of providing a fool-proofing structure and secure connection between the first and second transmission members, as recognized by He.
Furthermore, the courts have held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950): Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.” MPEP § 2144.04-VI-C.
Regarding claim 6, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 5, wherein the first transmission member includes at least one transmission boss (Fig. 7A-7D, Paragraph 00235, line 5, 1030), and the at least one transmission boss is in an eccentric distribution with respect to a center of the cylindrical protrusion (Fig. 7A-7D).
Regarding claim 7, He teaches the transmission and connection structure (Fig.
5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 5, wherein the first transmission member (Fig. 5A-5G, Paragraph 00210, line 3, 1200) includes a transmission boss (Fig. 7A-7B, Paragraph 00235, line 5, 1030) and a transmission groove (Fig. 7A-7B, Paragraph 00235, line 8, 1050) that have a unique alignment position (Fig. 7A-7B). He does not teach that the first transmission member includes at least two transmission bosses and at least two transmission grooves.
Regarding the at least two transmission bosses and at least two transmission grooves, “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
Regarding claim 8, He teaches the transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) according to claim 5, wherein the cylindrical protrusion has a height higher than a height of the transmission boss (Fig. 7A-7D and Annotated Fig. 7A).
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Annotated Fig. 7A (He)
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (WIPO Pub. No. 2021/037170) in view of Ho et al. (U.S. PGPub No. 2020/0367981).
Regarding claim 12, He teaches an instrument drive transmission mechanism
(Paragraph 0012, lines 1-4) for a surgical robot (Fig. 1, Paragraph 00203, line 1), comprising: a transmission and connection structure (Fig. 5A-5G, Paragraph 00206, lines 1-2, 1000) for connecting a sterile adapter (Fig. 2A-2B, Paragraph 00204, line 2, 200) to a surgical instrument (Fig. 2A-2B, Paragraph 00204, line 2, 300), wherein the transmission and connection structure includes a first transmission member (Fig. 5A-5G, Paragraph 00210, line 3, 1200) configured to be provided at the sterile adapter (Fig. 5A-5G, Paragraph 00210, line 3) and a second transmission member (Fig. 5A-5G, Paragraph 00210, line 4, 1300) configured to be provided at the surgical instrument (Fig. 17, Paragraph 00210, line 4); and a third transmission member (Fig. 5A-5G, Paragraph 00210, line 1, 1100); wherein: the first transmission member and the second transmission member each include a fitting surface (Fig. 7A-7B, Paragraph 00234, lines 3 and 7, 1040/1003), wherein the fitting surface includes a transmission fitting portion (Fig. 7A-7B, Paragraph 00235, line 8, 1050/1060) and a cylindrical fitting portion (Fig. 7A-7B, Paragraph 00235, lines 12-15, 1220/1330), and wherein the cylindrical fitting portion has a central axis aligned with a rotation axis of the first transmission member as well as a rotation axis of the second transmission member (Fig. 7A-7D); the third transmission member is configured to be fitted with a lower end of the sterile adapter (Fig. 7A-7B) by means of fitting surfaces (Fig. 7A-7B, Paragraph 00234, lines 1 and 5, 1010/1001).
He does not teach that the third transmission member is configured to be fitted with a lower end of the sterile adapter by means of a plurality of teeth evenly spaced and arranged on a surface of the first transmission member engaging with a plurality of teeth evenly spaced and arranged on a surface of the third transmission member.
Ho, however, teaches an instrument drive mechanism (Fig. 21-24, Paragraph 0138, lines 2-3, 200) that comprises an instrument drive output (Fig. 21A-21B, Paragraph 0139, lines 1-2, 208 – third transmission member) and an instrument drive input (Fig. 22A-22B, Paragraph 0141, lines 3-4, 228 – second transmission member). Ho also teaches that the instrument drive input and instrument drive output each have surfaces with a plurality of teeth (Fig. 23, Paragraph 0144, lines 5-6, 209/229) that are evenly spaced (Fig. 23). Furthermore, Ho teaches that the pluralities of teeth are engaged with one another and meshed together (Fig. 21-23, Paragraph 0144, lines 5-8).
Ho also teaches that a sterile adapter with rotational inputs and outputs (first transmission member) can be incorporated in between the instrument drive output and instrument drive input (Paragraph 0099, lines 9-12) to maintain sterility of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify He to incorporate the teachings of Ho to include that the third transmission member is configured to be fitted with a lower end of the sterile adapter by means of a plurality of teeth evenly spaced and arranged on a surface of the first transmission member engaging with a plurality of teeth evenly spaced and arranged on a surface of the third transmission member. Doing so would ensure a tight and proper fit between the first and third transmission members (Fig. 23) in order to efficiently transfer rotational motion between the parts (Paragraph 0144, lines 7-9), as recognized by Ho.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Holop et al. (U.S. PGPub No. 2016/0184034) discloses an instrument sterile adapter drive interface that includes at least two transmission bosses and at least two transmission grooves (Fig. 18A-18B).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Heidi Hilsmier whose telephone number is (571)272-2984. The examiner can normally be reached Monday - Fridays from 7:30 AM - 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached at 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.A.H./Patent Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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