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
Applicant’s election without traverse of species 1, shown in Figs. 1-10, in the reply filed on 7/09/2026 is acknowledged.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first member” and “second member” must be shown in the drawings and identified in the specification or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
First member
Second member
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 1-16 and 19 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.
According to MPEP § 2173.03, “a claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty.
Claim 1 recites the limitation “the first connection end of the instrument drive” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. While claim 1 recites “a sterile adapter” in line 2, and “a first member for transmission connection of the instrument drive, wherein the first member has a first connection end” in lines 3-4, claim 1 does not state that the first connection end is a first connection end of the instrument drive, and does not state that the first member is of the instrument drive bur rather states that the first member is “for” transmission connection of the instrument drive. While as claimed the purpose of the first member is for transmission connection of the instrument drive, the first member is not necessarily a component/sub-component of the instrument drive. While as claimed the purpose of the second member is for transmission connection of the sterile adapter, the second member is not necessarily a component/sub-component of the sterile adapter.
Furthermore, there is a conflict between the claimed subject matter and the specification disclosure. The claims suggest 4 components: an instrument drive, a sterile adapter, a first member, and a second member. The specification is unclear since it does not use the terms “first member” and “second member”, but appears to suggest only 3 components: an instrument drive (110), a sterile adapter (150), and “a transmission and connection member 111”.
The Examiner suggests clearly claiming which claimed component(s) are a part of the instrument drive, and which claimed component(s) are part of the sterile adapter, and which claimed component(s) are neither part of the instrument drive nor the sterile adapter. The Examiner notes that if the first member is claimed as a component of the instrument drive, and the instrument drive has no other claimed components, then the instrument drive as claimed could be a single component that is the first member without any other components (although could have other components). Likewise, if the second member is claimed as a component of the sterile adapter, and the sterile adapter has no other claimed components, then the sterile adapter as claimed could be a single component that is the second member without any other components (although could have other components). The Examiner suggests providing antecedent basis in the specification for the claimed first member and the claimed second member, or conversely claiming using terminology from the specification as currently written in the claims. The Examiner notes that there appears there may be translation issues with the application in regards to the terms “structure” and “member”.
Appropriate correction is required.
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 and 19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by He (US2022/0287781, corresponding to WO2021/037170 cited by Applicant).
He discloses:
Re claim 1. A transmission and connection structure (Figs. 2a-b, 5a) for connecting an instrument drive (100) and a sterile adapter (200), wherein the transmission and connection structure comprises:
a first member (1100) for transmission connection of the instrument drive (100), wherein the first member has a first connection end configured to be coupled to the sterile adapter (200), and the first connection end is provided with a first toothed portion (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)); and
a second member (1200) for transmission connection of the sterile adapter (200), wherein the second member has a second connection end configured to be coupled to the first connection end of the instrument drive, and the second connection end is provided with a second toothed portion (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth));
wherein the second toothed portion is configured to engage with the first toothed portion (See Fig. 5a).
Re claim 2. The transmission and connection structure according to claim 1, wherein the first toothed portion (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) comprises a plurality of first teeth evenly spaced and arranged along a circumference of the first member, and the second toothed portion (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth)) comprises a plurality of second teeth evenly spaced and arranged along a circumference of the second member (See Figs. 5c-d).
Re claim 3. The transmission and connection structure according to claim 2, wherein the first member further comprises a first body portion, each of the plurality of first teeth is symmetrical about a respective centerline, the second member further comprises a second body portion, and each of the plurality of second teeth is symmetrical about a respective centerline (See Figs. 5c-d).
Re claim 4. The transmission and connection structure according to claim 2, wherein each of the plurality of first teeth has a first tooth peak formed as one of a sharp corner and a rounded corner (See Figs. 5c-d).
Re claim 5. The transmission and connection structure according to claim 2, each of the plurality of second teeth has a second tooth peak formed as one of a sharp corner and a rounded corner (See Figs. 5c-d).
Re claim 6. The transmission and connection structure according to claim 4, wherein each of the plurality of first teeth has two first guide surfaces arranged symmetrically by two sides of the first tooth peak, respectively, and a horizontal distance between the two first guide surfaces gradually increases in a direction away from the first tooth peak, and each of the two first guide surfaces is formed as a flat surface or a smoothly curved surface (See Figs. 5a, 5c-d).
Re claim 7. The transmission and connection structure according to claim 5, wherein each of the plurality of second teeth (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth) has two second guide surfaces arranged symmetrically by two sides of the second tooth peak, respectively, and a horizontal distance between the two second guide surfaces gradually increases in a direction away from the second tooth peak, and each of the two second guide surfaces is formed as a flat surface or a smoothly curved surface (See Fig. 6a).
Re claim 8. The transmission and connection structure according to claim 2, wherein each of the plurality of first teeth (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) has two first engaging surfaces arranged symmetrically on two sides of a respective first tooth, and each of the two first engaging surfaces is formed as a vertical surface (see vertical surfaces at 1020) or a slightly (See in instant application special, explicit definition for “slightly” in paragraph [0040]) inclined surface;
each of the plurality of second teeth (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth) has two second engaging surfaces arranged symmetrically on two sides of a respective second tooth, and each of the two second engaging surfaces is formed as a vertical surface (see vertical surfaces at 1031) or a slightly inclined surface;
in engagement of the first toothed portion with the second toothed portion, each of the two first engaging surfaces is in contact with a corresponding second engaging surface (See Figs. 5a-5e).
Re claim 9. The transmission and connection structure according to claim 4, wherein each of the plurality of first teeth (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) has a width in a radial cross-section at the first tooth peak smaller than a width in a radial cross-section at a root of a respective first tooth (see Figs. 5b-c).
Re claim 10. The transmission and connection structure according to claim 5, wherein each of the plurality of second teeth has a width in a radial cross-section at the second tooth peak smaller than a width in a radial cross-section at a root of a respective second tooth (see Fig. 5c: width from edge to center of 1140; Fig. 5d: width from edge to center of 1210).
Re claim 11. The transmission and connection structure according to claim 2, wherein each of the plurality of first teeth (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) has a first smooth arc surface at a periphery of the first toothed portion, the first smooth arc surface is a physical surface of a respective first tooth, and the first smooth arc surface has a diameter in a radial cross-section of the first toothed portion, the diameter of the first smooth arc surface gradually increases along a direction from a first tooth peak to a root of a respective first tooth (see Fig. 5c: diameter intersecting center of 1140; Fig. 5d: diameter intersecting center of 1210).
Re claim 12. The transmission and connection structure according to claim 11, wherein the second toothed portion (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth)) has a plurality of connecting surfaces and each of which is arranged between two respective adjacent second teeth of the second toothed portion, each of the plurality of connecting surfaces connects two respective engaging surfaces each corresponding to one of the respective two adjacent second teeth (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth)), and each of the plurality of connecting surfaces is partly formed as a second matching inclined surface, the second matching inclined surface has a diameter in a radial cross-section of the second toothed portion, the diameter of the second matching inclined surface gradually decreases (See Fig. 6a, inner diameter of teeth) along a direction from a second tooth peak to a root of a respective second tooth, and the second matching inclined surface is configured to slidably fit with the first smooth arc surface at the periphery of the first toothed portion.
Re claim 13. The transmission and connection structure according to claim 12, wherein each of the first teeth (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) has a first cylindrical surface at a periphery of the first toothed portion, the first cylindrical surface is a physical surface of the respective first tooth, and the first cylindrical surface is adjacent to the first smooth arc surface and extends to the root of each of the plurality of first teeth; and
the second toothed portion has the plurality of connecting surfaces and each of which is arranged between two respective adjacent second teeth of the second toothed portion, and each of the plurality of connecting surfaces is partly formed as a second matching cylindrical surface adjacent to the second matching inclined surface, and the second matching cylindrical surface is configured to fit with the first cylindrical surface of the first toothed portion (See Figs. 5a-5e).
Re claim 14. The transmission and connection structure according to claim 3, wherein the first member (1100) further comprises a positioning portion (1140) disposed at the first connection end and arranged at the first body portion, the first toothed portion (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) is arranged around the positioning portion, and the positioning portion (1100) comprises a first matching inclined surface extending along a circumference of a top portion of the positioning portion (See fig. 5c).
Re claim 15. The transmission and connection structure according to claim 14, wherein the second member (1200) comprises a matching portion (1210) disposed at the second connection end and arranged correspondingly to the positioning portion, the positioning portion (1140) extends at least partially into the matching portion, the second toothed portion (Figs. 5d-5e, the peeks 1030 on surface 1001 can be considered two teeth; see also Fig. 7d (three teeth)) is arranged along a circumference of the matching portion, and the matching portion has a second matching inclined surface arranged along the circumference of the matching portion (See Figs. 5a-5e).
Re claim 16. The transmission and connection structure according to claim 15, wherein the second member (1200) further comprises a second drive end opposite to the second connection end, the positioning portion is configured as a protruding portion protruding from the first body portion, the first toothed portion (Figs. 5b-c, the peeks on surface 1010 can be considered two teeth, see also fig. 7c (three teeth)) is connected to the protruding portion, the matching portion is configured as a recessing portion, the recessing portion has an opening defined at the second connection end, the recessing portion recesses towards the second drive end, the second toothed portion is arranged on an inner wall of the recessing portion, and the second matching inclined surface is arranged at a circumference, at the second connection end, of the inner wall of the recessing portion (See Fig. 2c).
Re claim 19. A surgical robot, comprising a transmission and connection structure according to claim 1 (see abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Weintraub (US2021/0197401, corresponding to WO2021/137107 cited by Applicant) discloses a transmission and connection structure for connecting an instrument drive and a sterile adapter that reads at least upon claim 1. Weintraub is not relied upon above since it would be a duplicate rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY T PRATHER whose telephone number is (571)270-5412. The examiner can normally be reached Monday-Thursday 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY T PRATHER/
Examiner, Art Unit 3618
/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618
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