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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 10/27/2023, 07/18/2024, and 11/08/2024 have been considered by the Examiner.
Response to Arguments
Rejections under 35 USC 102 in view of Burbank
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of Burbank as previously presented does not teach the amended limitations of claim 11, namely wherein ‘the third rotating member is rotatable to perform via the first transmission assembly and the second transmission assembly:
pulling in at least one of the first cable and the second cable while releasing at least one of the third cable and the fourth cable, wherein a length of the at least one of the first cable and the second cable being pulled in is kept equal to a length of the at least one of the third cable and the fourth cable being released;
or pulling in at least one of the third cable and the fourth cable while releasing at least one of the first cable and the second cable, wherein a length of the at least one of the third cable and the fourth cable being pulled in is kept equal to a length of the at least one of the first cable and the second cable being released.’
Examiner respectfully disagrees and points to Burbank Fig. 6 and corresponding paragraphs [0057-0058], where Burbank states the following: ‘Rocker arm 640 has a sector gear portion that engages drive shaft 614 and is coupled to chassis 610 to rotate or rock about a pivot axis when drive shaft 614 turns. The sector gear portion and pivot of rocker arm 640 are designed so that rotation of rocker arm 640 primarily causes one set of pulleys 642 or 643 to move toward its associated capstan 620 or 630 and the other set of pulleys 643 or 642 to move away from its associated capstan 630 or 620. This effectively pulls in lengths of one pair of cables 671 and 672 or 673 and 674 and releases an equal length of the other pair of cables 673 and 674 or 671 and 672.’
In the above quote, Burbank plainly states that the third rotating member (614) is rotatable to perform via the first transmission assembly (capstan 620, pulley 642, first cable 671, and second cable 672) and the second transmission assembly (capstan 630, pulley 643, first cable 673, and second cable 674):
pulling in at least one of the first cable (671) and the second cable (672) while releasing at least one of the third cable (673) and the fourth cable (674), wherein a length of the at least one of the first cable and the second cable being pulled in is kept equal to a length of the at least one of the third cable and the fourth cable being released ([0058]; the rotation of rocker arm 640 primarily causes one set of pulleys 642 or 643 to move toward its associated capstan 620 or 630 and the other set of pulleys 643 or 642 to move away from its associated capstan 630 or 620, effectively pulling in lengths of one pair of cables 671 and 672 or 673 and 674 and releases an equal length of the other pair of cables 673 and 674 or 671 and 672);
or vice versa.
With this in consideration, Examiner maintains that the prior art of Burbank teaches the limitations of claim 11, including the limitations added by the amendments received 02/11/2026, wherein a length of the at least one of the first and the second cable being pulled in is kept equal to a length of the at least one of the third cable and the fourth cable being released.
Rejections under 35 USC 102 in view of Waterbury
Applicant’s arguments, see Remarks filed 02/11/2026, with respect to the rejection of amended claim 11 in view of Waterbury have been fully considered and are persuasive. The rejection of claim 11 has been withdrawn.
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 11 and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burbank (US 20100011900 A1).
Regarding claim 11, Burbank teaches a surgical instrument (see Fig. 1, [0025]; surgical instrument(s) 150), wherein the surgical instrument comprises a rear-end transmission device (see Fig. 6, [0055]; backend mechanism 600), comprising:
a first rotating member (612 and/or 620);
a second rotating member (613 and/or 630);
a third rotating member (614);
a first transmission assembly (642) connected to a first cable (671) and a second cable (672) and further connected to the first rotating member (see Fig. 6, [0057]; cables 671 and 672 wind around one or more pulleys 642 and wrap around capstan 620, which is associated with first rotating member 612) and the third rotating member (see [0058]; pulley 642 is mounted on rocker arm 640 which engages with drive shaft 614); and
a second transmission assembly (643) connected to a third cable (673) and a fourth cable (674) and further connected to the second rotating member (see Fig. 6, [0057]; cables 673 and 674 wind around one or more pulleys 643 and are wrapped around capstan 630, which is associated with second rotating member 613) and the third rotating member (see [0058]; pulley 643 is mounted on rocker arm 640 which engages with drive shaft 614);
wherein the first rotating member is rotatable to pull in one of the first cable and the second cable and to release another of the first cable and the second cable concurrently via the first transmission assembly (see [0057]; drive shaft 612 is coupled to rotate capstan 620 which in turn pulls in one of cables 671 or 672 and lets out an equal amount of the other cable 671 or 672);
the second rotating member is rotatable to pull in one of the third cable and the fourth cable and to release another of the third cable and the fourth cable concurrently via the second transmission assembly (see [0057]; drive shaft 613 is coupled to rotate capstan 630 which in turn pulls in one of cables 673 or 674 and lets out an equal amount of the other cable 673 or 674); and
the third rotating member is rotatable to perform via the first transmission assembly and the second transmission assembly (see [0058]; pulleys 642 and 643 are mounted on rocker arm 640 which engages drive shaft 614):
pulling in at least one of the first cable and the second cable while releasing at least one of the third cable and the fourth cable, wherein a length of the at least one of the first cable and the second cable being pulled in is kept equal to a length of the at least one of the third cable and the fourth cable being released (see [0058]; the rotation of rocker arm 640 causes one set of pulleys 642 or 643 to move towards its associated capstan and the other to move away from its associated capstan, effectively pulling in a length of one of the pairs of cables 671/672 or 673/674 while letting out an equal length of the opposite pair);
or pulling in at least one of the third cable and the fourth cable while releasing at least one of the first cable and the second cable, wherein a length of the at least one of the third cable and the fourth cable being pulled in is kept equal to a length of the at least one of the first cable and the second cable being released (see [0058]; the rotation of rocker arm 640 causes one set of pulleys 642 or 643 to move towards its associated capstan and the other to move away from its associated capstan, effectively pulling in a length of one of the pairs of cables 671/672 or 673/674 while letting out an equal length of the opposite pair).
Regarding claim 27, Burbank teaches the surgical instrument of claim 11, further comprising an end effector, wherein the end effector (240) comprises:
a first claw (242) to which the first cable (251) and the second cable (252) are attached (see Fig. 4A, [0036]; cables 251 and 252 attach to jaw 242 of effector 240);
a second claw (244) to which the third cable (253) and the fourth cable (254) are attached (see Fig. 4A, [0036]; cables 253 and 254 attach to jaw 244 of effector 240);
wherein the first claw and the second claw are pivotably connected (see [0036]; jaws 242 and 244 may rotate about pin 235) and are driven to rotate by the first cable, the second cable, the third cable and the fourth cable (see [0036]; jaw 242 can rotate about pin 235 in response to pulling in a length of one cable 251 or 252 while releasing the same length of the other cable 252 or 251, jaw 244 can rotate about pin 235 in response to pulling in a length of one cable 253 or 254 while releasing the same length of the other cable 254 or 253).
Examiner notes Burbank paragraph [0055] which states previously cited first, second, third, and fourth cables 671, 672, 673, and 674 can respectively correspond to cables 251, 252, 253, and 254, which are connected to wrist mechanism 200 of FIGS. 2A, 2B, and 2C.
Allowable Subject Matter
Claims 13 and 21-26 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 13 is allowable over the closest prior art of Burbank (US 20100011900 A1) in view of Dachs et al (US 20120150192 A1).
Burbank teaches the system of claim 11, but is silent regarding the transmission assembly as claimed in claim 13.
Dachs teaches a surgical assembly for the transmission of high levels of actuation torque to a rotary mechanism to drive the manipulation of an end effector (Dachs, Abstract), which may be combined with the device as taught by Burbank, wherein the first transmission assembly of the combination comprises:
a first movable pulley connected to the first cable (see Dachs [0099]; first movable pulley 146);
a first transmission cable riding on the first movable pulley (see Dachs [0099]; First cable 138 engages with pulley 146),
wherein the first transmission cable has one end connected to the first rotating member and has another end connected to the third rotating member (see Dachs Fig. 11A, [0099]; the first transmission cable which engages with the first movable pulley is connected to first rotating member 136 and third rotating member 132);
a second movable pulley connected to the second cable (see Dachs [0099]; second movable pulley 148); and
a second transmission cable riding on the second movable pulley (see Dachs [0099]; second end of cable 138 is regarded as the second transmission cable),
wherein the second transmission cable has one end connected to the first rotating member and has another end connected to the third rotating member (see Dachs Fig. 11A annotated below, [0099]; second transmission cable with engages with the second movable pulley is connected to the first rotating member 136 and the third rotating member 132);
wherein the first transmission cable wraps around the first rotating member in a direction opposite to a direction in which the second transmission cable wraps around the first rotating member (see Dachs Fig. 11B; first transmission wire wrapping around the first rotating member from support pulley 154 located on far side of first rotating member 136, second transmission wire wrapping around first rotating member from support pulley 156 located on near side of 136), and
in rotation of the first rotating member or the third rotating member, the first movable pulley is driven to move by the first transmission cable and the second movable pulley is driven to move by the second transmission cable (see [0099]; the first and second movable pulleys 146 and 148 engaged respective ends of the cable 138 are driven in response to rotation of the third rotating member 132).
The combination of Burbank and Dachs does not teach a transmission assembly wherein the first transmission cable wraps around the third rotating member in a direction same as a direction in which the second transmission cable wraps around the third rotating member.
It can also be appreciated that the relative wrapping direction of the cables is dependent on the location of the third rotating member in relation to the movable pulleys and first rotatable member. It can also be appreciated that the relative location and wrapping directions of the rotatable members in relation to the transmission cables and movable pulleys changes the manner in which the cables are actuated in relation to movement of the rotatable members.
In the present invention, a rotation of the first rotatable member draws one movable pulley in a direction towards the rotatable member and the other movable pulley in a direction away from the rotatable member due to the opposite wrap of the first and second transmission cables. A rotation of the third rotatable member draws both of the movable pulleys in the same direction towards or away from the third rotatable member.
It is also noted that the prior art of Burbank and the combination of Burbank and Dachs do not disclose the dual transmission system as claimed in claim 21 wherein there are two transmission assemblies each having two movable pulleys and two transmission cables; the first transmission assembly comprises a first movable pulley connected to the first cable and a second movable pulley connected to the second cable;
the second transmission assembly comprises a third movable pulley connected to the third cable and a fourth movable pulley connected to the fourth cable; and
in rotation of the third rotating member, at least one of the first movable pulley and the second movable pulley is driven to move in a first direction, and at least one of the third movable pulley and the fourth movable pulley is driven to move in a second direction opposite to the first direction.
By virtue of their dependence on an allowable parent claim, claims 22-26 would be allowable if their parent claim was rewritten in independent form including all the limitations of the base claim and any intervening claims.
Claims 28-38 allowed.
Claims 28 and 33 are allowable over the closest prior art for the reasons disclosed above.
With respect to independent claim 28 and dependent claims 29-32, the closest prior art does not disclose nor suggest all of the limitations including a first transmission assembly connected to the first rotating member and the third rotating member, wherein the first transmission assembly comprises a first moving member connected to a first cable and a second moving member connected to a second cable; and
a second transmission assembly connected to the second rotating member and the third rotating member, wherein the second transmission assembly comprises a third moving member connected to a third cable and a four moving member connected to a four cable;
wherein the first rotating member is rotatable to move the first moving member and the second moving member in opposite directions;
the second rotating member is rotatable to move the third moving member and the fourth moving member in opposite directions; and
the third rotating member is rotatable to move at least one of the first moving member and the second moving member by a first distance in a first direction, and move at least one of the third moving member and the fourth moving member by a second distance in a second direction, wherein the second distance is equal to the first distance and the second direction is opposite to the first direction.
With respect to independent claim 33 and dependent claims 34-38, the closest prior art does not disclose nor suggest all of the limitations including a chassis;
a first capstan,
a second capstan, and
a third capstan, each of which is rotatably mounted to the chassis;
a first transmission assembly comprising a first transmission cable and a second transmission cable, wherein the first transmission cable has one end connected to the first capstan and has another end connected to the third capstan, and
the second transmission cable has one end connected to the first capstan and has another end connected to the third capstan, and
wherein the first transmission cable is movably engaged with a first cable,
and the second transmission cable is movably engaged with a second cable; and
a second transmission assembly comprising a third transmission cable and a fourth transmission cable, wherein the third transmission cable has one end connected to the second capstan and has another end connected to the third capstan, and
the fourth transmission cable has one end connected to the second capstan and has another end connected to the third capstan, and wherein the third transmission cable is movably engaged with a third cable, and the fourth transmission cable is movably engaged with a fourth cable.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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