The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejections, as necessitated by the amendments.
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.
Claims 1-5, 7-8, 11-15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 108814713).
Wang discloses an operation device for minimally invasive surgery (see Abstract). Figure 2 illustrates multiple operational arms extending through the distal end of a single rigid sleeve 40. “In one embodiment, the operation arm 30 is multiple, which are all set on the same power mechanism 20, a plurality of operation arm 30 the distal end extends into the body through one incision on the human body” (see page 4 of the machine translation, and Figure 1 of Wang). Figure 5 illustrates the “orderly connection of drive mechanism[s] 100” (see last paragraph on page 4 of the machine translation), which shows sides 111 of a first drive mechanism 100 adjacent to another side 111 of a second drive mechanism, and so on, “such that a plurality of operating arms 30 distributed around a central shaft” (see page 5 of the machine translation, paragraph beginning “housing 110 has adjacent first side surface 111A,…”). “As shown in FIG. 8, in one embodiment, connecting rod 200 includes a first rod connection 210, a second link 220, wherein first connecting rod 210 provided on the housing 110, and connected with the second connecting rod 220 is fixed, first connecting rod 210 the second connecting rod 220 form an included angle, the included angle is a non-flat angle” (see last paragraph on page 5 of the machine translation).
Specifically regarding claims 1 and 11, Wang teaches a robotic surgical system (see Figure 1), comprising:
a drive unit (see numeral 20 in Figure 1); and
a surgical instrument (see numeral 30 of Figure 8) removably connected to the drive unit (see Figures 6 and 7, which show “connecting plate[s] 120” not connected to the drive mechanism 20 of the robotic system as is positively shown in Figure 1, thereby illustrating that it is not always connected and therefore, removable), the surgical instrument having a proximal end portion (see housing 110 at a proximal end) and a distal end portion (see end effector 400 at a distal end), the surgical instrument further including:
an elongated shaft assembly that extends between the proximal and distal end portions of the surgical instrument (see numeral 200 in Figure 8), the elongated shaft assembly having a distal end portion defining a distal end longitudinal axis and supporting an end effector (see numeral 220, where Figure 8 illustrates the longitudinal axis continuing to the shell 110 with dotted line), and a proximal end portion defining a proximal end longitudinal axis (see numeral 210), wherein the proximal end longitudinal axis diverges from the distal end longitudinal axis (see dotted line in Figure 8, which illustrates the continued longitudinal axis of distal end portion, which is divergent relative to the longitudinal axis of the proximal portion 210); and
an instrument cassette assembly supported on the proximal end portion of the elongated shaft assembly (see numeral 100 in Figure 8), the instrument cassette assembly including:
a cassette housing positioned on the proximal end portion of the elongated shaft assembly (see shell 110 in Figure 8); and
an actuator system supported on the cassette housing (see numeral 120 in Figures 6 and 7), the actuator system having a plurality of actuator assemblies (see that there are four (4) actuator assemblies illustrated in each of Figures 6 and 7) each having a proximal end supported on a proximal surface of the cassette housing for connection with the drive unit (note: Wang teaches that “It should be noted that connecting rod 200 also can be located on the housing 110 of the side 111, and the shell 110 for connecting surface of power mechanism can [be] on the one side 111, also can be the bottom surface 112, or the surface opposite to the bottom surface 112” (see page 5 of machine translation in the third-to-last paragraph - emphasis added), noting that the underlined portion teaches to have the “connecting surface of power mechanism [i.e., connecting plate 120] can [be] on… the surface opposite to the bottom surface 112”, which is illustrated below), and
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A distal end operably coupled to the end effector for operating the end effector (see Figure 11, which illustrates an example interior of housing 110, which connecting plate on the side opposite surface 112, i.e., the proximal surface of cassette housing as illustrated in the reproduction of Figure 8 above; which elongate shaft is shown extending out of a distal surface of housing 110, which corresponds to surface 112 in Figure 8 above), wherein the proximal surface of the cassette housing is oriented orthogonal to the distal end longitudinal axis of the elongated shaft assembly (it can readily be seen that the dotted line in Figure 8 that provides extension of the longitudinal axis of the distal end portion 220 of the shaft 200 is orthogonal to surface 112 and the side opposite surface 112).
Regarding claims 2 and 12, it is noted that Figure 11 illustrates that the shaft 200 extends into the interior of shell 110, and supports “a transition block assembly” that enables three cables from the actuator system 130 to extend through the elongated shaft assembly and operatively coupled to the end effector (see the portion in the bold, rectangular box below, which performs the claimed functions of the “transition block assembly”):
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Regarding claims 3 and 13, it is noted that the portion highlighted above is connected with the housing/shell 110 and couples the shaft assembly with the interior of the housing/shell and the working components found therein.
Regarding claims 4 and 14, Figure 8 clearly illustrates the housing/shell 110 at an angle relative to the elongated shaft assembly, which includes the claimed “transition block assembly” as described in the rejection of claims 2-3.
Regarding claims 5 and 15, it is noted that the portion illustrated in Figure 11 above that teaches “a transition block assembly” is a tubular structure at the proximal-most end of the shaft assembly, which allows driving wires 303 to enter the shaft assembly.
Regarding claims 7 and 17, it is re-iterated that Figure 8 of Wang illustrates a proximal end portion 210 of the shaft assembly 200 disposed at an angle relative to the distal end portion of the shaft assembly 220. Additionally, it is re-iterated that Wang teaches the orthogonal nature of the housing/shell surfaces as required by the last wherein clause of claim 1. Therefore, Wang teaches the structural configurations of the shaft assembly with respect to the housing/shell, and therefore also reads on “to position the cassette housing at an angle relative to the distal end longitudinal axis of the elongated shaft assembly.”
Regarding claims 8 and 18, it is re-iterated that Figure 11 of Wang illustrates a plurality of cable actuator assemblies that connect to the end effector.
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Liu et al. (CN 112022238).
Wang is discussed above in the rejections of claims 5 and 15. However, Wang fails to teach the tubular portion of the transition block assembly to have a curve with a first portion connected to the shaft assembly and a second portion connected to the housing/shell.
Liu teaches a surgical instrument for minimally invasive surgery robot (see Abstract). As shown in Figure 7, a shaft 705 comprises a straight portion 7051 and a second portion 7052 whose longitudinal axis diverges from that of portion 7051 (see portions below indicated by the bold arrows below).
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Figure 6, however, illustrates a driving tendon integrated block with rests over shaft just distal to the area indicated by bold-arrowed 7052 in the reproduction above (see Figures 1 and 2 to better illustrate the location of this component).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a driving tendon integrated block, as taught and illustrated by Liu, within the system and methods of Wang in order to provide additional support and strength to the curved shaft assembly, including improved support for actuators therein.
Claims 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang alone.
Wang is discussed above in the rejections of claim 8. Wang teaches that the shaft assembly may be rotatable (see, at least, last paragraph on page 5 and first two paragraphs on page 6). However, there is no discussion of this being actuated by an actuator connected to the robotic drive unit, nor its location with respect to the cable actuators.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application that the rotation of the shaft of Wang would be controlled via the robotic drive unit 20 as shown in Figure 1, since the robot is clearly in control of the surgical instrument unit 30 in full. Additionally, it would have been obvious to move the actuator to any desired position within the housing/shell 110 of Wang, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPC 70 (see MPEP 2144(VI)(C)). The specification does not appear to disclose any criticality to this actuator being located as claimed, and instead illustrates it in the various figures and embodiments in multiple different locations with no clear reason or benefits to the various positions.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Diolaiti et al. (US Patent Pub. No. 2013/0231680).
Wang is discussed above in the rejections of claims 9 and 18. However, Wang does not explicitly discuss an axial actuator.
Diolaiti teaches “a medical robotic system that includes articulated instruments extending out of a distal end of an entry guide” (see abstract). Similarly to Wang, Diolaiti teaches and states “As shown in FIG. 9, articulated instrument 2402 includes a transmission mechanism 2404 coupled to the proximal end of an instrument body tube 2406” (see paragraph 70). Figure 10 illustrates “a drive unit”, which includes an actuator assembly. Figure 9 illustrates the claimed “surgical instrument”, which includes “an elongated shaft assembly” that extends from proximal to distal end (see 2406, for which paragraph 70 states “Components at body tube 2406's distal end 2408 are omitted for clarity and may include actuatable joints and working ends as shown in FIG. 7”), and an “instrument cassette supported on a proximal portion of the elongated shaft assembly” (see 2404 in Figure 9). Specifically in regards to claim 10, Diolaiti teaches linear actuator 2510 (see Fig. 11, paragraph 72) which is in alignment with the rotating servomotor actuators as shown in Figure 11. It is noted that “in alignment” is broad and as shown in Figure 11, all of these actuators are aligned and laid out in such a way that they work together to provide functionality to the surgical robotic system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a linear actuator, as taught by Diolaiti, within the system and methods of Wang, because once the device is installed onto the robotic drive unit, there must be a mechanism by which the robot can control the inward and outward trajectory of the instrument in order to ensure the ability to access the correct location within the anatomy of the patient. Without such a mechanism, the robot would not be safe for use.
With regard to the specific position of the linear actuator with respect to the cable actuators, it would have been obvious to move the actuator to any desired position within the housing/shell 110 of Wang, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPC 70 (see MPEP 2144(VI)(C)). The specification does not appear to disclose any criticality to this actuator being located as claimed, and instead illustrates it in the various figures and embodiments in multiple different locations with no clear reason or benefits to the various positions.
Specifically regarding claim 19, it is noted that the rejection of claim 9 above in combination with the rejection of claim 10 immediately above reads on the limitations of claim 19.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES KISH whose telephone number is (571)272-5554. The examiner can normally be reached M-F 10:00a - 6p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at (571) 272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES KISH/ Primary Examiner, Art Unit 3792