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 .
Response to Amendment
In response to the amendment filed on 11/24/2025, Claims 1, and 11-21 have been cancelled, and Claims 2-10 and newly added Claim 22-32 are pending.
Election/Restrictions
Applicant’s election of GROUP I in the reply filed on 11/24/2025 is acknowledged. Claims 2-10 and 22-32 are pending examination.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). The requirement is still deemed proper and is therefore made FINAL.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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.
Claim(s) 2, 3, 8-10, 22, 25-28, and 30-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kostrzewski (US PGPub 2016/0166346).
Regarding Claim 2, Kostrzewski teaches a joint mechanism (Figure 8-9; Paragraph 0061), comprising:
a first joint member (206) defining a radial direction and a longitudinal direction (Figure 9), the first joint member (206) comprising:
a first pair of joint features (211; Figure 9) extending in the longitudinal direction (Figure 9), the first pair of joint features (211) located diametrically opposite each other (Figure 9, the Examiner notes the pairs are on opposite sides, as shown in elements 221a and 221b of Figure 8, however Examiner is not relying on the elements 221a and 221b),
a second pair of joint features (207; Figure 9) at a location along the radial direction of the first joint member (Figure 9) in alignment with the first pair of joint features (211), respectively, the second pair of joint features (207) located diametrically opposite each other (Figure 9; as seen in elements 217a and 217b in Figure 9, even though the examiner is not relying on these features);
a second joint member (204; Figure 9) defining a radial and a longitudinal direction (Figure 9), the second joint member (204) comprising:
a third pair of joint features (209) extending in the longitudinal direction, the third pair of joint features located diametrically opposite each other (Figure 9),
a fourth pair of joint features (205; Figure 9) located at a location along the radial direction of the second joint member (204) in alignment with the third pair of joint features (209), respectively, the fourth pair of joint features (205) located diametrically opposite each other (Figure 9) ; and
a linkage member (224; Figure 9; Paragraph 0059) pivotably coupled to each of the second pair (207) and fourth pair (205) of joint features (Figure 8),
wherein the first pair (211) of joint features and the third pair (209) of joint features are complementary and in mating engagement with each other (Figure 9; Paragraph 0061), and
wherein the first pair (211) and third pair (209) of joint features define an axis of rotation (Paragraph 0061; see also Figure 3, 8-9), and the first joint member (206) and second joint member (204) are configured to articulate relative to each other about the axis of rotation (Paragraph 0053 and Paragraph 0061; Figure 3, 8-9).
Regarding Claim 3, Kostrzewski teaches the joint mechanism of claim 2, wherein each of the first pair (211) of joint features comprise a first gear surface profile and each of the third pair (209) of joint features comprise a second gear surface profile (Figure 9; Paragraph 0061).
Regarding Claim 8, Kostrzewski teaches the joint mechanism of claim 2, wherein the linkage member (224) exerts a force maintaining engagement of the first pair (211) of joint features and the third pair (209) of joint features through a range of relative articulation of the first joint member (206) and second joint member (204) about the axis of rotation (Figure 8; Paragraph 0060).
Regarding Claim 9, Kostrzewski teaches the joint mechanism of claim 2, wherein each of the first (206) and second joint members (204) is generally tubular shaped with a central passage (Figure 2 and Figure 8).
Regarding Claim 10, Kostrzewski teaches the joint mechanism of claim 9,
wherein the first joint member (206) comprises a first pair of abutment surface portions extending between the second pair of joint features (as seen in Figure 8 where the joint contact at a fully articulated position), and
wherein the second joint member (204) comprises a second pair of abutment surface portions extending between the fourth pair of joint features (Figure 8), and
wherein in a neutral position of articulation of the first (206) and second joint members (204), the first pair of abutment surface portion and the second pair of abutment surfaces are longitudinally spaced from each other (as shown in Figure 2), and
wherein in a fully articulated position of the first (206) and second joint (204) members, one of the first pair of abutment surface portions and one of the second pair of abutment surfaces contact each other (as seen in Figure 8).
Regarding Claim 22, Kostrzewski teaches a surgical instrument, comprising:
an elongate shaft (206); and
a joint mechanism (as shown in Figure 5-9; Paragraph 0059) coupled to a distal end of the elongate shaft (206), the joint mechanism (Figure 8-9; Paragraph 0061) comprising:
a first joint member (206) defining a radial direction and a longitudinal direction (Figure 9), the first joint member (206) comprising:
a first pair of joint features (211; Figure 9) extending in the longitudinal direction (Figure 9), the first pair of joint features (211) located diametrically opposite each other (Figure 9, the Examiner notes the pairs are on opposite sides, as shown in elements 221a and 221b of Figure 8, however Examiner is not relying on the elements 221a and 221b),
a second pair of joint features (207; Figure 9) at a location along the radial direction of the first joint member (Figure 9) in alignment with the first pair of joint features (211), respectively, the second pair of joint features (207) located diametrically opposite each other (Figure 9; as seen in elements 217a and 217b in Figure 9, even though the examiner is not relying on these features);
a second joint member (204; Figure 9) defining a radial and a longitudinal direction (Figure 9), the second joint member (204) comprising:
a third pair of joint features (209) extending in the longitudinal direction, the third pair of joint features located diametrically opposite each other (Figure 9),
a fourth pair of joint features (205; Figure 9) located at a location along the radial direction of the second joint member (204) in alignment with the third pair of joint features (209), respectively, the fourth pair of joint features (205) located diametrically opposite each other (Figure 9) ; and
a linkage member (224; Figure 9; Paragraph 0059) pivotably coupled to each of the second pair (207) and fourth pair (205) of joint features (Figure 8),
Regarding Claim 25, Kostrzewski teaches the surgical instrument of claim 22, further comprising an end effector (300; Figure 2) coupled to the distal end of the elongate shaft (206) by the joint mechanism (Paragraph 0053).
Regarding Claim 26, Kostrzewski teaches the surgical instrument of claim 25, wherein:
the second joint member (204) further comprises a distal end piece (202); and the end effector (300) is coupled to the distal end of the elongate shaft (206) at the distal end piece (202) of the second joint member (204); Figure 2).
Regarding Claim 27, Kostrzewski teaches the surgical instrument of claim 22, wherein the first pair (211) of joint features and the third pair (209) of joint features are complementary and in mating engagement with each other (Figure 9; Paragraph 0061),
Regarding Claim 28, Kostrzewski teaches the surgical instrument of claim 27, wherein the first pair (211) and third pair (209) of joint features define an axis of rotation (Paragraph 0061; see also Figure 3, 8-9), and the first joint member (206) and second joint member (204) are configured to articulate relative to each other about the axis of rotation (Paragraph 0053 and Paragraph 0061; Figure 3, 8-9).
Regarding Claim 30, Kostrzewski teaches the surgical instrument of claim 22, wherein the linkage member (224; Figure 8) is configured to pivot relative to each of the second pair (207) and fourth pair (205) of joint features in response to articulation of the first joint member (211) and the second joint member (209) relative to each other (Paragraph 0059-0061).
Regarding Claim 31, Kostrzewski teaches the joint mechanism of claim 22, wherein the linkage member (224) exerts a force maintaining engagement of the first pair (211) of joint features and the third pair (209) of joint features through a range of relative articulation of the first joint member (206) and second joint member (204) about the axis of rotation (Figure 8; Paragraph 0060).
Regarding Claim 32, Kostrzewski teaches the surgical instrument of claim 22, wherein: each joint feature of the first pair (211) of joint features comprises a first gear surface profile and each joint feature of the third pair (209) of joint features comprises a second gear surface profile; and the first gear surface profile and the second gear surface profile are complimentary surface profiles (Figure 9; Paragraph 0061).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kostrzewski (US PGPub 2016/0166346) as applied to claim 22 above, and further in view of Ikeda (US PGPub 2006/0199999).
Regarding Claim 23-24, Kostrzewski teaches the surgical instrument of claim 22, but fails to disclose further comprising two cables extending along the elongate shaft and coupling the joint mechanism thereto (Claim 23), wherein the cables extend through passages defined in a wall of the first joint member (Claim 24).
Ikeda teaches a surgical instrument having an end effector (66) and a joint mechanism (60; Figure 4; Paragraph 0154;), wherein the joint mechanism have a plurality of joint members, each connected to each other by a variety of configurations (complementary features in Figure 9, gear teeth in Figures 14-15, pins, in Figure 16), and further comprising two cables (446, 448, or 452 and 454 as shown in Figures 38A-39, 40, and 41) extending along the elongate shaft (402) and coupling the joint mechanism thereto (Claim 23; Paragraph 0187 and 0188), wherein the cables extend through passages defined in a wall of the first joint member (Claim 24; as shown in Figures 38A-39, 40, and 41 and described in Paragraphs 0187 and 0188).
Allowable Subject Matter
Claim 4-7 and 29 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED GAMIL GABR whose telephone number is (571)272-0569. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at (571) 270-5953. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MOHAMED GAMIL GABR
Primary Examiner
Art Unit 3771
/MOHAMED G GABR/Primary Examiner, Art Unit 3771