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Claims 19-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/09/2025.
Applicant's election with traverse of Group I (claims 1-18) in the reply filed on 12/09/2025 is acknowledged. The traversal does not contain any particular grounds for why the restriction should be withdrawn or why the restriction would be improper. This is not found persuasive because no arguments are made as to why the restriction should be withdrawn or why the restriction would be improper, and the restriction is still deemed proper. Arguments for the restriction being proper were provided in the restriction requirement on 10/14/2025, including discussing differences between group I and group II, discussing that the subcombinations are separately usable, and discussing that there would be a serious search and/or examination burden if restriction were not required because, inter alia, the inventions require a different field of search including different search queries (e.g. different keywords).
The requirement is still deemed proper and is therefore made FINAL.
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 12-15 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 12 recites the limitation "the one or more tabs that extend radially inward from the inner wall of the outer housing" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. While other dependent claim 4 states that “the one or more tabs of the outer housing radially extend into the trough”, claim 12 does not depend directly or indirectly upon claim 4 and furthermore, claim 4 does not state the radial extension is “inward”.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Flatt (US2020/0170724).
Flatt discloses:
Re claim 1. A drape adapter assembly for securing a drape to a portion of a robotic medical system (mounting system 20 for securing a drape 50 to end effector EE, Fig. 2-3, para. [0061][0062]), comprising:
an outer housing (sterile barrier assembly 22, Fig. 14A, para. [0051]) configured to connect to the robotic medical system (coupled to first mounting portion 24, Fig. 14A-B, para. [0053]; mounting portion 24 for connection to robotic arm R, para. [0057]) such that the drape is positioned between the outer housing and the portion of the robotic medical system (drape 50 positioned between barrier assembly 22 and end effector EE, Fig. 1-3; see drape 50 attached to outer surface of interface plate 54, para. [0061]);
an inner housing (inner housing defined by mounting portions 24, 26, Fig. 2, 15B) disposed at least partially within the outer housing (mounting portions 24, 26 disposed partially within assembly 22, Fig. 14A-15B) and configured to carry one or more moveable actuation elements therein (configured to carry kinematic couplers 32 within receptacles 34, Fig. 5, SA, 15B, para. [0057]), the inner housing comprising:
a first inner housing portion (first mounting portion 24, Fig. 14A, para. [0057]; connector Cl disposed within connector C3, Fig. 14B); and
a second inner housing portion (second mounting portion 26, Fig. 15A, para. [0055]) fastened to the first inner housing portion (fastened to first mounting portion 24 via ste1ile barrier assembly 22, Fig. 15B, para. [0069]) such that the first inner housing portion and the second inner housing portion are axially retained to the outer housing (Fig. 15B).
Re claim 2. The assembly of claim 1, wherein the outer housing includes an inner wall (inner wall defined by interface plates 52, 54, Fig. 14A, para. [0061]) and one or more tabs extending from the inner wall (indexing fingers 64, Fig. 14A, para. [0064]; coupling 30 extending from interface plates 52, 54, Fig. 14A), wherein the one or more tabs are configured to be disposed between the first inner housing portion and the second inner housing portion to axially retain the inner housing (indexing fingers 64 associated with indexing recess 66 of the first and second mounting portions 24, 26 for connecting the mounting portions 24, 26 to the sterile barrier 22, Fig. 14A-15B, para. [0064]; coupling 30 to releasably secure first and second mounting portions 24, 26, Fig. 14A-15B, para. [0053]).
Re claim 3. The assembly of claim 2, wherein the first inner housing portion is configured to be inserted into the outer housing through a first outer housing opening (connector Cl of first mounting portion 24 configured to be inserted into proximal connector C3 of barrier assembly 22 through an opening in connector C3, Fig. 14A-B) and the second inner housing portion is configured to be inserted into the outer housing through a second outer housing opening (connector C 1 of second mounting portion 26 configured to be inserted into distal connector C3 of barrier assembly 22 through an opening in connector C3, Fig. 15A-B) such that the one or more tabs of the outer housing are trapped between the first inner housing portion and the second inner housing portion (Fig. 14A-15B).
Re claim 4. The assembly of claim 3, wherein the inner housing defines a trough (trough defined by first indexing recess 66 of the mounting portion 24, Fig. 14A, para. [0064]), wherein the one or more tabs of the outer housing radially extend (the tabs extend radially and axially into the trough) into the trough (Fig. 14A-B).
Re claim 5. The assembly of claim 4, wherein the inner housing is configured to rotate relative to the outer housing (mounting portions 24, 26 can rotate relative to the barrier assembly 22 when the mounting portions 24,26 are detached from the assembly 22, Fig. 14A-15B) between an instrument-retained position (connected position, Fig. 15B) and instrument-unrestrained position (disconnected position, Fig. 14A).
Re claim 6. The assembly of claim 5, wherein the one or more tabs include one or more interaction tabs (second indexing finger 64, Fig. 14A, para. [0064]; coupling 30, Fig. 14A), wherein the inner housing includes one or more interaction components configured to interact with the one or more interaction tabs (second recess 66 of the mounting portion 24, Fig. 14A, para. [0064]; balls 75, 77 to interact with coupling 30, Fig. 14A-15B, para. [0073]), wherein the one or more interaction tabs and the one or more interaction components are configured to retain the inner housing in the instrument-unrestrained position and the instrument-retained position, and/or are configured to provide tactile feedback when the inner housing is rotated to the instrument-retained position or instrument-unrestrained position (intended use, fingers 64 can provide tactile feedback when the mounting portions 24, 26 are rotated to the connected position, Fig. 15B; see indexing fingers 64 being configured to promote proper alignment, para. [0065]).
Re claim 7. The assembly of claim 6, wherein the one or more interaction tabs include a first radial detent and a second radial detent (first and second ball detents 78, 80, Fig. 14A, para. 0070]), and wherein the one or more interaction components include a biased interaction member biased radially toward the one or more interaction tabs to radially engage the biased interaction member to the one or more interaction tabs and to cause the biased interaction member to enter the first radial detent or the second radial detent when rotationally aligned therewith (balls 75, 77 biased tow radially engage the ball detents 78, 80 when aligned, Fig. 14A-15B, para. [0073]).
Re claim 8. The assembly of claim 7, wherein the biased interaction member and the plurality of detents are configured to allow the biased interaction member to be urged out of the plurality of detents with a relative rotation of the outer housing relative to the inner housing (balls 77 can be pulled out of the detent pocket, para. [0098]).
Re claim 9. The assembly of claim 6, wherein the one or more tabs include one or more limit tabs (third indexing finger 64, Fig. 14A, para. [0064]), and wherein the inner housing includes one or more limit features (third recess 66 of the mounting portion 24, Fig. 14A, para. [0064]) configured to interact with the one or more limit tabs to limit a range of rotational motion of the inner housing relative to the outer housing (when mounting portion 24 if coupled to barrier assembly 22, the recess 66 implicitly limits rotational motion of the mounting portion 24, Fig. 14B, 15B).
Re claim 10. The assembly of claim 9, wherein the one or more limit tabs (third indexing finger 64, Fig. 14A, para. [0064]) or the one or more limit features (third recess 66 of the mounting portion 24, Fig. 14A, para. [0064]) include a limit pin (64) extending axially therefrom, and the other of the one or more limit tabs and the one or more limit features include an axial slot (recess 66) configured to receive the limit pin, wherein a dimension of the axial slot defines the range of rotation motion of the inner housing relative to the outer housing (See Fig. 4).
Claim(s) 1-2, 11, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Duval (US2011/0282359).
Duval discloses:
Re claim 1. A drape adapter assembly for securing a drape (1000 or 2000; para. [0015]) to a portion of a robotic medical system, comprising:
an outer housing (542h; para. [0111]) configured to connect to the robotic medical system such that the drape is positioned between the outer housing and the portion of the robotic medical system (See Fig. 10- drape 1000/2000 between 542 and 960);
an inner housing (542i) disposed at least partially within the outer housing and configured to carry one or more moveable actuation elements (542b - 542e; para. [0116],[0113]) therein, the inner housing comprising:
a first inner housing portion (one of 542i or 542a); and
a second inner housing portion (the other of 542i or 542a) fastened to the first inner housing portion such that the first inner housing portion and the second inner housing portion are axially retained to the outer housing.
Re claim 2. The assembly of claim 1, wherein the outer housing (542h) includes an inner wall and one or more tabs (para. [0111] - “As shown, the manipulator includes an inner frame 542i movably coupled to an outer shell 542h, for example by sliding joints, rails, or the like.” The portion of 542 to which the sliding joints or rails are connected are an inner wall, and the sliding joints or rails form tabs. extending from the inner wall, wherein the one or more tabs are configured to be disposed between the first inner housing portion and the second inner housing portion to axially retain the inner housing (542i; para. [0111]).
Re claim 11. The assembly of claim 1, wherein the inner housing(542i) defines one or more axial channels (See Fig. 10; para. [0124], [0116] - “Outputs 542b, 542c, 542d, and 542e distally protrude from the distal face 542a of instrument manipulator 542, as shown for example in FIG. 5C-4”) configured to receive and allow axial movement of the actuation elements (542b - 542e).
Re claim 16. The assembly of claim 1, wherein the inner housing (542i, 542a) is entirely contained within the outer housing(542h) (See Fig. 5A-1).
Re claim 17. The assembly of claim 1, wherein the outer housing is generally cylindrical and has proximal portion having a bell shape (See annotated Fig. 5A-1 below).
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Re claim 18. The assembly of claim 17, wherein the outer housing comprises one or more alignment lands extending from an inner wall of the proximal portion for alignment with an instrument controller (para. [0121]; Fig. 10; 962b-962e are actuated by actuating elements 542a-542e to control the robotic medical system, and aligned parallel with the alignment land(s)) of the robotic medical system.
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Allowable Subject Matter
Claims 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art to claims 10 and 12-15 is Flatt (US2020/0170724).
In regards to claim 12, while Flatt discloses the one or more tabs (64) that extend radially inward, Flatt does not disclose or teach the additional combination of the outer housing including one or more instrument alignment tabs distal of the one or more tabs (64), that the one or more tabs (64) extend radially inward from the inner wall of the outer housing, wherein the one or more instrument alignment tabs are configured to align an instrument for insertion in the instrument-unrestrained position, and to retain an instrument to the assembly in the instrument-retained position. There is no teaching, suggestion, or motivation in the prior art to modify the prior art to have all of the missing claim limitations, in combination with all other claim limitations, without the use of impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Simi (US2023/0082871) discloses a sterile adapter for a robotic surgery system. Simi appears to meet at least some claim limitations, but does not disclose claim 3 or claims dependent upon claim 3.
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