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
This office action is responsive to the amendment filed on 12/10/2025. As directed by the amendment: claim 1 has been amended and claims 15 and 22-24 have been cancelled. Thus, claims 1-14 and 16-21 are presently pending in this application.
Election/Restrictions
Applicant's election with traverse of in the reply filed on 12/10/2025 is acknowledged. The traversal is on the ground(s) that the technical features of the invention do make a contribution over the prior art in view of Martin. The applicant had amended claim 1 which was used for the basis of the restriction to further recite “the first distance and the second distance are not equal to each other”. This changes the scope of the shared technical features of the invention. This is not found persuasive because the applicant changed the basis on which the restriction was made, and Martin originally disclosed the shared technical features, hence the restriction is maintained.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-9, 15, and 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/10/2025.
Claim Rejections - 35 USC § 102
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) 1-5, 10-12, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being by anticipated by Meade et al (US 20100152751 A1), herein referenced to as “Meade”.
Claim 1
Meade discloses: A needle driver device 150 (see Figs. 24-38, [0119]), comprising: a needle track 192 (see Figs. 26 and 28, [0125]) defining a curved path the curved path of 192 (see Figs. 26 and 28, [0125]); and a drive system 170 (see Figs. 26-27B and 34-35, [0125]) configured to operably engage with and drive a needle 220 (see Figs. 24-38, [0125]) along the needle track 192, the drive system 170 comprising a first drive member 174 (see Figs. 26-27B and 34-35, [0125]), a second drive member 172 (see Figs. 26-27B and 34-35, [0125]), and a needle driver link 202 (see Figs. 26-27B and 34-35, [0125]), wherein the first drive member 174 is rotatable about a first drive member axis the axis that runs through the center of 174 (see Figs. 26-27B and 34-35, [0132]) , wherein the second drive member 172 is rotatable about a second drive member axis the axis that runs through the center of 172 spaced apart from the first drive member axis the axis that runs through the center of 174, and wherein the needle driver link 202 comprises: a distal end portion 198 (see Figs. 26-27B, 29, and 33, [0130]) removably engageable (see [0125], the shoulder screw can be removed to disengage the needle from the pawl 198) with a needle 220 (see Figs. 26-27B, 29, and 33, [0121]) that is positionable in the needle track 192, the distal end portion 98 being movable along an arcuate- shaped path the larger outside slot for the pawl 198 (see Fig. 28, [0127], larger outside slot) proximate the needle track 192, a first portion (see annotated Fig. 34 and 35 below) rotatably coupled to the first drive member 174 at a location offset from the first drive member axis (see annotated Fig. 34 and 35 below) by a first distance (see annotated Fig. 34 and 35 below), and a second portion (see annotated Fig. 34 and 35 below) between the first portion (see annotated Fig. 34 and 35 below) and the distal end portion 198, the second portion (see annotated Fig. 34 and 35 below) rotatably coupled to the second drive member 172 at a location offset from the second drive member axis (see annotated Fig. 34 and 35 below) by a second distance (see annotated Fig. 34 and 35 below), wherein the first distance (see annotated Fig. 34 and 35 below) and the second distance (see annotated Fig. 34 and 35 below) are not equal to each other (see annotated Fig. 34 and 35 below, the tangential distance between the axis of 174 and the location where the first portion is coupled to 174 is less than the tangential distance between the axis of 172 and the location where the second portion is coupled to 172).
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Claim 2
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: wherein the first drive member axis the axis that runs through the center of 174 (see annotated Fig. 34 and 35 below claim 1) and the second drive member axis the axis that runs through the center of 172 (see annotated Fig. 34 and 35 below claim 1) are parallel to each other and are perpendicular to and intersect a longitudinal axis a longitudinal axis of 150 which is perpendicular to the parallel axis of the first and second drive member axes of the needle driver device 150.
Claim 3
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: further comprising an actuation member 175 (see Fig. 34, [0132]) operably coupled to one or both of the first drive member 174 and the second drive member 172 to transmit force (see [0132], synchronized rotation) to rotate the one or both of the first drive member 174 and the second drive member 172.
Claim 4
Meade discloses: The needle driver device of claim 3, see 102 rejection above. Meade further discloses: wherein the actuation member 175 comprises a cable (see [0132], wires, a wire is a cable).
Claim 5
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: wherein the first drive member 174 and the second drive member 172 are operatively coupled to one another (see Figs. 34-35, [0132], connected via 175 and 202) such that the first drive member 174 and the second drive member 172 rotate in a same rotational direction (see [0132], synchronized rotation) throughout a range of motion of the first drive member 174 and the second drive member 172.
Claim 10
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: wherein one or both of: the first portion (see annotated Fig. 34 and 35 below claim 1) of the needle driver link 202 is rotatably coupled to the first drive member 174 at a location (see annotated Fig. 34 and 35 below claim 1) movable along a longitudinal axis (see [0126], 202 can sweep back and forth in arc spanning about 190 degrees or more, which is along the longitudinal axis, distally and proximally, when 174 rotates) of the needle driver link 202; and the second portion (see annotated Fig. 34 and 35 below claim 1) of the needle driver link 202 is rotatably coupled to the second drive member 172 at a location (see annotated Fig. 34 and 35 below claim 1) movable along the longitudinal axis (see [0126], 202 can sweep back and forth in arc spanning about 190 degrees or more, which is along the longitudinal axis, distally and proximally, when 174 rotates) of the needle driver link 202.
Claim 11
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: wherein the needle track 192 is arc- shaped (see Figs. 28-31, [0127], 192 is arc-shaped, [0121], circular arc).
Claim 12
Meade discloses: The needle driver device of claim 11, see 102 rejection above. Meade further discloses: wherein the needle track 192 is shaped as a circular arc (see Figs. 28-31, [0127], 192 is a circular arc).
Claim 16
Meade discloses: The needle driver device of claim 1, see 102 rejection above. Meade further discloses: wherein the needle driver link 202 comprises a tapered shape tapering from a first width the first width of the first portion (see annotated Fig. 34 and 35, is wider than the distal end portion 198, which is a small tip) at the first portion (see annotated Fig. 34 and 35) to a second width the width of 198 (see Fig. 27A and 33) smaller than the first width the first width of the first portion at the distal end portion 198.
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.
Claim(s) 13-14 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meade.
Claim 13
Meade discloses: The needle driver device of claim 12, see 102 rejection above. Meade does not explicitly disclose: wherein the path along which distal end portion of the needle driver link is movable is a non-circular arc path.
However, a variant embodiment (Figs. 39A-43) of Meade teaches in the same field of invention a needle driver device 356 (see Figs. 39A-43) with a needle driver link 302 (see Figs. 39A-43) with a distal end portion 308 (see Figs. 39A-43), a needle 220 (see Figs. 39A-43) with a circular arc needle track 332 (see Figs. 39A-43). The variant embodiment of Meade (Figs. 39A-43) further teaches: wherein the path 334 + 335 (see Figs. 40-43, [0142]) along which distal end portion 308 of the needle driver link 302 is movable is a non-circular arc path (see Figs. 40-43, [0143], it is a non-circular path, as 308 moves distally in a circular arc, and then disengages from the needle moves away from 334 into 335, and rotates back, which is a non-circular arc path as it does not come back on the same path).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Meade to incorporate the teachings of a variant embodiment (Figs. 39A-43) of Meade and teach a needle driver wherein the path along which distal end portion of the needle driver link is movable is a non-circular arc path. Motivation for such can be found in Meade as this assists in preventing an anti-rotate motion, or reverse motion of the needle during surgery (see [0147] and [0149]).
Claim 14
Meade teaches: The needle driver device of claim 13, see 103 rejection above. Meade further discloses: further comprising a curved needle 220 (see Fig. 26, 220 is a curved needle) movable along the needle track 192 (see Figs 26-37).
Claim 17
Meade discloses: A needle driver device 150 (see Figs. 24-38, [0119]) comprising: a curved needle track 192 (see Figs. 26 and 28, [0125]) defining a curved path the curved path of 192 (see Figs. 26 and 28, [0125]); a rotary drive member 174 + 172 (see Figs. 26-27B and 34-35, [0125]); and a needle driver link 202 (see Figs. 26-27B and 34-35, [0125]) comprising: a distal end portion 198 (see Figs. 26-27B, 29, and 33, [0130]) removably engageable (see [0125], the shoulder screw can be removed to disengage the needle from the pawl 198) with a curved needle 220 (see Figs. 26-38, [0121]) configured to be received in the curved needle track 192, a first portion (see annotated Fig. 34 and 35 below) coupled to the rotary drive member 174; and a longitudinal axis the longitudinal axis of 202 (see Figs. 34-35) extending between the distal end portion 198 and the first portion (see annotated Fig. 34 and 35 below), wherein the needle driver link 202 moves in response to rotation of the rotary drive member 174 + 172 to drive the curved needle 220 along the curved needle track 192 (see [0126]) and wherein, in response to rotation of the rotary drive member 174 + 172, the distal end portion 198 of the needle drive link 202 traverses an arcuate-shaped path (see [0126]).
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Meade does not explicitly teach: that deviates in shape from the curved path defined by the curved needle track.
However, a variant embodiment (Figs. 39A-43) of Meade teaches in the same field of invention a needle driver device 356 (see Figs. 39A-43) with a needle driver link 302 (see Figs. 39A-43) with a distal end portion 308 (see Figs. 39A-43) with an arcuate-shaped path 334 + 335 (see Figs. 39A-43), a needle 220 (see Figs. 39A-43) with a circular arc needle track 332 (see Figs. 39A-43) with a circular path circular path of 332. The variant embodiment of Meade (Figs. 39A-43) further teaches: wherein the arcuate-shaped path 334 + 335 (see Figs. 39A-43, [0143]) deviates in shape (see Figs. 40-43, [0143], it is a non-circular path, as 308 moves distally in a circular arc, and then disengages from the needle moves away from 334 into 335, and rotates back, which is a non-circular arc path as it does not come back on the same path) from the curved path the curved path of 332 defined by the curved needle track 332.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Meade to incorporate the teachings of a variant embodiment (Figs. 39A-43) of Meade and teach a needle driver with an arcuate-shaped path for the distal end portion of the needle drive link that deviates in shape from the curved path defined by the curved needle track. Motivation for such can be found in Meade as this assists in preventing an anti-rotate motion, or reverse motion of the needle during surgery (see [0147] and [0149]).
Claim 18
Meade teaches: The needle driver device of claim 17, see 103 rejection above. Meade further teaches: wherein the rotary drive member 174 + 172 is a first rotary drive member 174 (see Figs. 26-27B and 34-35, [0125]), and wherein the needle driver link 202 comprises a second portion (see annotated Fig. 34 and 35 below claim 17) rotatably coupled to a second rotary drive member 172 (see Figs. 26-27B and 34-35, [0125]).
Claim 19
Meade teaches: The needle driver device of claim 18, see 103 rejection above. Meade further teaches: wherein the first rotary drive member 174 and the second rotary drive member 172 are coupled (see Figs. 34-35, [0132], coupled via 175 and 202) to rotate in a same direction (see [0132], synchronized rotation).
Claim 20
Meade teaches: The needle driver device of claim 19, see 103 rejection above. Meade further teaches: wherein the first rotary drive member 174 and the second rotary drive member 172 are rotationally coupled by an actuation member 175 (see Fig. 34, [0132]) actuatable to rotate the first rotary drive member 174 and the second rotary drive member 172 (see [0132], synchronized rotation).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAIHAN R KHANDKER whose telephone number is (571)272-6174. The examiner can normally be reached Monday - Friday 7:00 PM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAIHAN R. KHANDKER
Examiner
Art Unit 3771
/RAIHAN R KHANDKER/ Examiner, Art Unit 3771