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 § 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 1-3 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Beerschwinger et al. (DE 10122311) in view of Zhang et al. (WO 2021/052448; citing to US 2022/0203558 as the English language equivalent).
Regarding claim 1, Beerschwinger et al. disclose a puncture device (Figure 4), comprising: a puncture needle mechanism (6); a mobile mechanism (9/15/14 or 9/15/19); and a clamping mechanism (13 or 16), wherein the clamping mechanism is provided on the mobile mechanism and is capable of clamping or releasing the puncture needle mechanism ([0024]).
Beerschwinger et al. fail to disclose that the clamping mechanism comprises a transmission wheel and driveshaft as claimed.
Zhang et al. disclose a clamping mechanism (Figures 3-4) for a variety of objects (¶[0018]; generic clamping devices reasonably pertinent to any surgical clamping device), comprising; a first clamping assembly (150/133/132) and a drive shaft (122); the first clamping assembly includes a first clamping jaw (right jaw in Figure 3) and a transmission wheel (132); the transmission wheel is connected to the drive shaft (¶[0035]): the first clamping jaw abuts against the transmission wheel (¶[0035]); when the transmission wheel is rotated clockwise driven by the drive shaft, the first clamping jaw is closed: and when the transmission wheel is rotated counterclockwise driven by the drive shaft, the first clamping jaw is open (¶[0035]-[0039]; it is evident from Figures 3-4 that one of the transmission wheels must be rotated clockwise to close the jaw). Zhang et al. disclose that the clamping mechanism allows improved gripping of small or fragile objects (¶[0003], [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the clamping mechanism of Zhang et al. on the mobile mechanism and in place the clamping mechanism of Beerschwinger et al. in order to allow improved gripping of small and/or fragile puncture needles.
Regarding claim 2, Beerschwinger et al. disclose that the mobile mechanism includes a base (9), a sliding assembly (14 or 19), and a puncture drive assembly (15), the sliding assembly is slidably arranged on the base, the puncture drive assembly is arranged on the base and connected to the sliding assembly for driving the sliding assembly to move linearly relative to the base, and at least a portion of the clamping mechanism is arranged on the sliding assembly (¶[0016], [0024]).
Regarding claim 3, the first clamping assembly would be arranged on the sliding assembly as it is shown for the clamping assembly of Beerschwinger et al. (Figure 4). Zhang et al. further disclose a clamping drive assembly (121) connected to the first clamping assembly to drive the first clamping assembly to clamp or release and object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the clamping drive assembly on the base of Beerschwinger et al. as it is shown for clamping drive assembly (24) of Beerschwinger et al.
Regarding claim 26, Beerschwinger et al. disclose a puncture system, comprising an imaging device (3), a mechanical arm (11), and a puncture device (Figure 4), wherein the puncture device includes: a puncture needle mechanism (6); a mobile mechanism (9/15); and a clamping mechanism (13 or 16 or 13/14 or 16/19), wherein the clamping mechanism is provided on the mobile mechanism and is capable of clamping or releasing the puncture needle mechanism ([0024]), wherein the imaging device is configured to obtain a lesion location of a patient (Figure 3; [0002]), the mechanical arm is connected to the puncture device to drive the puncture device to a specified location ([0014]), and the puncture device is configured to drive a puncture needle into the lesion location ([0015], [0016], [0024]) and/or release the puncture needle so that the puncture needle is disengaged from the mechanical arm ([0020]).
Beerschwinger et al. fail to disclose that the clamping mechanism comprises a transmission wheel and driveshaft as claimed.
Zhang et al. disclose a clamping mechanism (Figures 3-4) for a variety of objects (¶[0018]; generic clamping devices reasonably pertinent to any surgical clamping device), comprising; a first clamping assembly (150/133/132) and a drive shaft (122); the first clamping assembly includes a first clamping jaw (right jaw in Figure 3) and a transmission wheel (132); the transmission wheel is connected to the drive shaft (¶[0035]): the first clamping jaw abuts against the transmission wheel (¶[0035]); when the transmission wheel is rotated clockwise driven by the drive shaft, the first clamping jaw is closed: and when the transmission wheel is rotated counterclockwise driven by the drive shaft, the first clamping jaw is open (¶[0035]-[0039]; it is evident from Figures 3-4 that one of the transmission wheels must be rotated clockwise to close the jaw). Zhang et al. disclose that the clamping mechanism allows improved gripping of small or fragile objects (¶[0003], [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the clamping mechanism of Zhang et al. on the mobile mechanism and in place the clamping mechanism of Beerschwinger et al. in order to allow improved gripping of small and/or fragile puncture needles.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Beerschwinger et al. (DE 10122311) in view of Zhang et al. (WO 2021/052448), as applied to claim 2 above, and further in view of Kitamura et al. (US 2018/0206926).
Regarding claim 24, Beerschwinger et al. fail to disclose a guiding shaft as claimed. Beerschwinger et al. disclose that the mobile mechanism provides axial movement of the sliding assembly via a spindle (¶[0016]) but fails to show its position.
Kitamura et al. disclose a guiding shaft (164) along a length direction of a base (400) and is connected to the base around an axis of the guiding shaft, and a sliding assembly (200) is slidably socketed to the guiding shaft (¶[0120]-[0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and in view of Kitamura et al. to have provided the mobile mechanism of Beerschwinger et al. as a guiding shaft as claimed as a suitable prior art means for causing axial movement of a similar sliding assembly easily adaptable to the device Beerschwinger et al.
Allowable Subject Matter
Claims 4, 5, 7, 8, 11-16, 20, 22, 23 and 25 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771