DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-10, 12-18, and 20-22 are pending.
Claims 11 and 19 are cancelled.
Response to Arguments
Applicant’s argument has been fully considered but it is moot in light of a new ground of rejection.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5, 7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20190345959 A1, 2019-11-14) (hereinafter “Tanaka”) in view of Wales et al. (US 7559450 B2, 2009-07-14) (hereinafter “Wales”).
Regarding claim 1-3, 5, 7, and 9-10, Tanaka teaches an actuation assembly of a surgical instrument (e.g., [0017], Fig. 1), comprising: an actuation mechanism including a piston assembly configured such that positive actuation of the piston assembly urges pressurized fluid from the piston assembly along a fluid line and such that negative actuation of the piston assembly allows the pressurized fluid to return to the piston assembly from the fluid line (e.g., [0026] (“A second piston 42 is accommodated in the second cylinder 41. A second pressure chamber 4A is formed between the second piston 42 and the front wall of the second cylinder 41, and a back pressure chamber 4B is formed between the second piston 42 and the rear wall of the second cylinder 41. The inside of the second pressure chamber 4A is filled with the hydraulic fluid 20, and the inside of the back pressure chamber 4B is open to the atmosphere.”)); and first and second output mechanisms (e.g., [0024]-[0025]; [0053]), each of the first and second output mechanisms including: a fluid vessel defining a fluid port in fluid communication with the fluid line (e.g., [0023] (disclosing first piston accommodated in first cylinder)); a piston sealingly and slidably disposed within the fluid vessel (e.g., [0024]); and a driver coupled to the piston (e.g., [0024] (disclosing rod 33 and link mechanism 23)), wherein, the first and second output mechanism are coupled to the actuation mechanism such that: in response to positive actuation of the piston assembly, the pressurized fluid flows into the fluid ports of the fluid vessels of the first and second output mechanisms to move the pistons of the first and second output mechanisms in a first direction and in a second, opposite direction, respectively, to thereby translate the drivers of the first and second output mechanisms in the first and second directions (e.g., [0029], Fig. 1), respectively, and in response to negative actuation of the piston assembly, the pressurized fluid exits the fluid ports of the fluid vessels of the first and second output mechanisms to allow the pistons of the first and second output mechanisms to move in the second and first directions, respectively, to thereby translate the drivers of the first and second output mechanisms in the second and first directions, respectively (e.g., [0029]) ]) (see, esp. Fig. 1 and associated text) (as recited in claim 1); wherein the actuation mechanism further includes a lead screw assembly configured to receive a rotational input and to convert the rotational input into longitudinal motion, the lead screw assembly coupled to the piston assembly such that forward longitudinal motion produced by the lead screw assembly positively actuates the piston assembly and such that reverse longitudinal motion produced by the lead screw assembly negatively actuates the piston assembly (e.g., [0028]-[0029], Fig. 1) (as recited in claim 2); wherein the lead screw assembly is configured to receive the rotational input from an input coupler configured to connect to a robotic surgical system (e.g., [0028]-[0029], Fig. 1) (as recited in claim 3); wherein at least a portion of the fluid line is flexible to permit articulation thereof to enable articulation of the output mechanism relative to the actuation mechanism (e.g., [0027]) (as recited in claim 5); wherein the driver of at least one of the first or second output mechanisms is or is connected to an articulation cable configured to articulate an end effector assembly (e.g., 25) relative to a housing (e.g., [0053] (as recited in claim 7); a surgical instrument configured for attachment to a robotic surgical system, the surgical instrument comprising: a housing; a shaft (e.g., 22) extending distally from the housing, the shaft including an articulation section; an end effector assembly (e.g., 25) extending distally from the shaft such that the articulation section of the shaft is disposed between the housing and the end effector assembly (e.g., [0021]; and the actuation assembly according to claims 1 and 12 (as recited in claim 9); wherein the pistons of the first and second output mechanisms are oppositely oriented relative to one another (as shown in Fig. 1 with pressure chambers oppositely oriented) (as recited in claim 10).
Tanaka does not teach hydraulic-driven articulation with dual-piston configurations. Wales teaches hydraulic-driven articulation with dual-piston configurations. See, e.g., Figs. 44-45 and associated text. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Wales with the invention taught by Tanaka such that the invention further comprises an actuation mechanism including a piston assembly configured such that positive actuation of a piston in the piston assembly urges pressurized fluid from the piston assembly along a fluid line and such that negative actuation of the piston assembly allows the pressurized fluid to return to the piston assembly from the fluid line; and first and second output mechanisms, each of the first and second output mechanisms including: a fluid vessel defining a fluid port in fluid communication with the fluid line; a piston sealingly and slidably disposed within the fluid vessel; and a driver coupled to the piston, wherein, the first and second output mechanism are coupled to the actuation mechanism mechanism (citation above incorporated by reference herein) (as recited in claim 1); wherein at least a portion of the fluid line is flexible to permit articulation thereof to enable articulation of at least one of the first output mechanism or the second output mechanism relative to the actuation mechanism (citation above incorporated by reference herein) (as recited in claim 5); further comprising a flexible cable extending through the fluid line and coupled between the piston of the piston assembly and the piston of at least one of the first output mechanism or the second output mechanism mechanism (citation above incorporated by reference herein) (as recited in claim 6) in order to improve controllability of the invention.
Allowable Subject Matter
Claims 4, 6, and 8 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.
The prior art of record does not teach or suggest the claimed invention of actuation assembly of a surgical instrument comprising the recited elements in structural cooperation, including wherein the lead screw assembly includes a lead screw coupled with the input coupler such that rotation of the input coupler rotates the lead screw in a similar manner, and a nut threadingly engaged about the lead screw such that rotation of the lead screw translates the nut along the lead screw to provide the longitudinal motion (as recited in claim 4); further comprising a flexible cable extending through the fluid line and coupled between a piston of the piston assembly and the piston of the output mechanism (as recited in claim 6); wherein the first and second drivers are or are connected to respective first and second articulation cables configured to articulate an end effector assembly relative to a housing (as recited in claim 8).
Claims 12-18, 20, and 21-22 are allowed. The prior art of record does not teach or suggest the claimed invention of actuation assembly of a surgical instrument comprising the recited elements in structural cooperation, including wherein the first and second drivers are or are connected to respective first and second articulation cables configured to articulate an end effector assembly relative to a housing (as recited in claim 12); wherein the fluid ports the first and second output mechanisms are disposed at opposite end portions of the fluid vessels of the first and second output mechanisms, respectively (as recited in claim 21).
For these reasons the claims are believed to be allowable over the art of record.
Prior Art of Record
The prior art made of record and not relied upon is considered to be pertinent to applicant's disclosure.
Mast et al. (US 20100312291 A1, 2010-12-09) teaches hydraulic-driven articulation with dual-piston configurations.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan
/SCOTT LUAN/Primary Examiner, Art Unit 3792
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