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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-14, 20-22, 24, and 28 is/are rejected under 35 U.S.C. 102 as being unpatentable over US Publication No. 2016/0275819 A1 to Hofstetter et al. (hereinafter Hofstetter)
Note: Currently as claimed, the surgical device comprising one or more articulated arms is considered to be intended use. Therefore, said limitations are not positively recited/claimed. However, Hofstetter would be capable of being utilized with a surgical device with one or more articulated arms as shown in US Publication No. 2017/0071688 A1 to Cohen et al. (hereinafter Cohen).
Concerning claim 1,
Hofstetter discloses an assembly for performing practice exercises with a surgical device that comprises one or more articulated arms (0074-0075)
a. a support platform defining a platform plane (element 112a, Figure 7-8);
b. an exercise-element carrier raised above the platform plane and comprising a first practice surface, the first practice surface comprising an array of one or more practice-exercise elements selected from the group consisting of holes, loops, pegs and hooks (Figure 5; Figure 8-10); and
c. an aperture raised above the platform plane and framed at least along an upper edge of the aperture, the aperture shaped for passage therethrough of a distal portion of an articulated arm (Figure 8-10; 0090-0091), wherein the exercise-element carrier and the aperture are arranged so that a practice-exercise element of the first practice surface is accessible to a distal end effector of the articulated arm when the articulated arm is in a retroflex position (Figure 8; 0090-0091, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Concerning claim 2,
Hofstetter discloses the practice-exercise element of the first practice surface is accessible by the distal end effector of the articulated arm only when the articulated arm is in in the retroflex position (Figure 5; Figure 8; 0088; 0090, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Concerning claim 3,
Hofstetter discloses the first practice surface is oriented at an angle between 45 degrees and 135 degrees relative to the platform plane (Element 114, Figure 8; 0090, Hinge allows for practice element to be at any angle relative to the platform plane).
Concerning claim 5,
Hofstetter discloses the retroflex position is such that the articulated arm is flexed by at least 150 degrees from an unflexed orientation (Figure 5; Figure 8; 0088; 0090, As broadly claimed, figure 5 and 8 in Hofstetter illustrates practice elements that are accessible to a surgical arm under various retroflex positions, including the configuration claimed above. The surgical arm apparatus is assumed to be stationary).
Concerning claim 6,
Hofstetter discloses the retroflex position is such that the articulated arm is flexed by at least 120 degrees from an unflexed orientation (Figure 5; Figure 8; 0088; 0090, As broadly claimed, figure 5 and 8 in Hofstetter illustrates practice elements that are accessible to a surgical arm under various retroflex positions, including the configuration claimed above. The surgical arm apparatus is assumed to be stationary).
Concerning claim 7,
Hofstetter discloses the aperture is formed through, under, or atop, the exercise-element carrier (Figure 8, Element 126 of Figure 8 shows an aperture atop the exercise-element carrier).
Concerning claim 8,
Hofstetter discloses the upper edge of the aperture is below the array of one or more practice-exercise elements of the first practice surface (Figure 8, The aperture 126 on the practice surface 118a is below the practice-exercise element 126 on the practice surface 118b).
Concerning claim 9,
Hofstetter discloses a framed lower edge of the aperture is above the array of one or more practice-exercise elements of the first practice surface (Figure 8, The aperture 126 on the practice surface 118b is above the practice-exercise element 126 on the practice surface 118a).
Concerning claim 10,
Hofstetter discloses the exercise-element carrier additionally comprises a second practice surface, the second practice surface comprising an array of one or more practice-exercise elements selected from the group consisting of holes, loops, pegs and hooks (Element 118a-b, Figure 8; Figure 9-10),
the array of one or more practice-exercise elements of the second practice surface is accessible to the distal end effector of the articulated arm when the articulated arm is not in a retroflex position (Figure 5; Figure 8; 0088; 0090, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Concerning claim 11,
Hofstetter discloses the first and second practice surfaces are parallel (Element 114, Figure 8; 0090, Hinge allows for practice element to be at any angle relative to the platform plane)
Concerning claim 12,
Hofstetter discloses the first and second practice surfaces are oriented at an acute angle to each other (Element 114, Figure 8; 0090, Hinge allows for practice element to be at any angle relative to the platform plane).
Concerning claim 13,
Hofstetter discloses the second practice surface is oriented at an angle between 45 degrees and 135 degrees relative to the platform plane (Element 114, Figure 8; 0090, Hinge allows for practice element to be at any angle relative to the platform plane).
Concerning claim 14,
Hofstetter discloses a practice-exercise element of the second practice surface is accessible to the distal end effector of the articulated arm when the articulated arm is in an S-shaped position (Figure 5; Figure 8; 0088; 0090, As broadly claimed, figure 5 and 8 in Hofstetter illustrates practice elements that are accessible to a surgical arm under various retroflex positions, including the configuration claimed above. The surgical arm apparatus is assumed to be stationary).
Concerning claim 20,
Hofstetter discloses an assembly for performing practice exercises with a surgical device that comprises one or more articulated arms (0074-0075)
a. a support platform defining a platform plane (element 112a, Figure 7-8);
b. a proximal exercise-element carrier raised above the platform plane and comprising a distally-facing practice surface, the proximal exercise-element carrier having formed therethrough or thereunder an aperture shaped for passage therethrough of a distal portion of an articulated arm (Figure 5; Figure 8-10); and
c. a distal exercise-element carrier raised above the platform plane and comprising a proximally-facing practice surface, wherein the aperture and the proximal and distal exercise panels are arranged so that (i) a distally-disposed practice-exercise element of the proximal exercise panel, selected from the group consisting of holes, loops, pegs and hooks, is accessible to a distal end effector of the articulated arm when the articulated arm is in a retroflex position, and (ii) a proximally-disposed practice-exercise element of the distal exercise panel, selected from the group consisting of holes, loops, pegs and hooks, is accessible to the distal end effector of the articulated arm when the articulated arm is not in a retroflex position (Figure 5; Figure 8-10; 0090-0091, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Concerning claim 21,
Hofstetter discloses the distally-disposed practice- exercise element of the proximal exercise-element carrier is accessible to the distal end effector of the articulated arm only when the articulated arm is in a retroflex position (Figure 5; Figure 8; 0088; 0090, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Concerning claim 22,
Hofstetter discloses the respective practice surfaces of the proximal and distal exercise panels are oriented at respective angles between 45 degrees and 135 degrees relative to the platform plane (Element 114, Figure 8; 0090, Hinge allows for practice element to be at any angle relative to the platform plane).
Concerning claim 24,
Hofstetter discloses the retroflex position is such that the articulated arm is flexed by at least 150 degrees from an unflexed orientation (Figure 5; Figure 8; 0088; 0090, As broadly claimed, figure 5 and 8 in Hofstetter illustrates practice elements that are accessible to a surgical arm under various retroflex positions, including the configuration claimed above. The surgical arm apparatus is assumed to be stationary) .
Concerning claim 28,
Hofstetter discloses the proximally-disposed practice-exercise element of the distal exercise-element carrier is accessible to the distal end effector of the articulated arm when the articulated arm is in an S-shaped position (Figure 5; Figure 8; 0088; 0090, As broadly claimed, figure 5 and 8 in Hofstetter illustrates practice elements that are accessible to a surgical arm under various retroflex positions, including the configuration claimed above. The surgical arm apparatus is assumed to be stationary) .
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.
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) 15 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No. 2016/0275819 A1 to Hofstetter et al. in view of US Publication No. 2017/0071688 A1 to Cohen et al.
Concerning claim 15,
Hofstetter discloses a method of performing practice exercises with the surgical device, the method comprising:
a. providing an assembly according to claim 1 (see claim 1);
c. with the articulated arm in the retroflex position, causing the distal end effector of the articulated arm to perform a practice exercise with at least one practice-exercise element of the first practice surface (Figure 8; 0090-0091, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
Hofstetter does not disclose b. causing the distal portion of the articulated arm to traverse the aperture.
Cohen teaches b. causing the distal portion of the articulated arm to traverse the aperture (Figure 1-2; 0809).
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to create an apparatus for surgical practice as described in Hofstetter for robotic arms as described in Cohen, as robotic arms are another form of well-known surgical tools which could benefit from practice apparatuses to reduce mortality rates in real surgeries. Cohen also teaches that the arms are used in suturing applications, which would benefit from the surgical practice apparatus described Hofstetter as the apparatus aids in the improvement of suturing.
Concerning claim 29,
Hofstetter discloses a. providing an assembly according to claims 20 (see claim 20);
ii. with the articulated arm in the retroflex position, causing the distal end effector of the articulated arm to perform a practice exercise with a distally-disposed practice-exercise element of the proximal exercise panel (Figure 8; 0090-0091, The practice-exercise elements described is lacking any clear distinguishing features. The surgical arm apparatus is assumed to be stationary. Figure 8 in Hofstetter illustrates an apparatus with practice-exercise elements accessible when the arm is in a retroflex position and practice-exercise elements accessible when the arm is not in a retroflex position).
c. at a second time, with the articulated arm not in a retroflex position, causing the distal end effector of the articulated arm to perform a practice exercise with a proximally-disposed practice-exercise element of the distal exercise panel (Figure 8; 0090-0091).
Hofstetter does not disclose a method of performing practice exercises with a surgical device that comprises one or more articulated arms.
b. at a first time: i. causing the distal portion of the articulated arm to traverse the aperture, and
Cohen teaches a method of performing practice exercises with a surgical device that comprises one or more articulated arms (Figure 1-2; 0809).
b. at a first time: i. causing the distal portion of the articulated arm to traverse the aperture (Figure 1-2; 0809), and
It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to create an apparatus for surgical practice as described in Hofstetter for robotic arms as described in Cohen, as robotic arms are another form of well-known surgical tools which could benefit from practice apparatuses to reduce mortality rates in real surgeries. Cohen also teaches that the arms are used in suturing applications, which would benefit from the surgical practice apparatus described Hofstetter as the apparatus aids in the improvement of suturing.
Conclusion
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/I.S./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715