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 .
Election/Restrictions
Applicant’s election without traverse of the Group I articulation assembly (claims 1-10 and 12-19) in the reply filed on 1/23/2026 is acknowledged.
Claims 11 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-10 and 12-19 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The claims 1, 6, 9, 10, 12, 19 recite numerous relative terms (e.g., proximal, distally, proximally, more-distally, more-proximally, etc.) without reference frame in a manner that is unclear. For instance, proximal to what element, or distally with respect to what element?
Claims 1 and 12 recites “equal magnitude” without specifying trait is being measured, e.g., equal magnitude of torque, equal magnitude of velocity, equal magnitude of revolutions, or other?
Claims 5 and 16 recite “the other of the major gears or the minor gears of the first and second coupling gears” which is unclear as to which of the remaining three gears “the other” is being stipulated. Note that claims 4 and 14 previously only stipulated one of the total of 4 major and minor gears. Perhaps applicant intends for claims 5 and 16 to refer to --another one of the major gears or the minor gears--.
The claim 12 limitation “second coupling gear” (line 7 of claim 12) lacks proper antecedent basis such that it is unclear whether the term is to refer back to the previously recited “second gear”, to the later recited “second compound coupling gear”, or to a different element.
The remaining claims depend from the above and are thus similarly unclear/rejected.
Claim Rejections - 35 USC § 102/103
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.
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 of this title, 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 1-10 and 12-19 (as best understood, see 35 USC 112 clarity rejections) are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Anglese US20200261168.
Anticipation/Obviousness: The Anglese embodiment of figures 17-18 does not expressly depict all parts necessary to complete the articulation assembly. However, Anglese discloses that those parts necessary to complete the embodiment of figures 17-18 are as shown in the embodiment of figures 1-11 (see para.0084 which states “Articulation sub-assembly 700 is similar to articulation sub-assembly 200 of surgical instrument 10 [FIGS. 1-11], as detailed above, except as explicitly contradicted below.”). Accordingly, the figure 17-18 embodiment is effectively disclosed to have those parts from the embodiment of figures 1-11 that are necessary for completeness (e.g., proximal housing parts, cables, central cylindrical body, cavities, etc.) Alternatively, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment of figures 17-18 to use those parts from the embodiment of figures 1-11 that are necessary for completeness (e.g., proximal housing parts, cables, central cylindrical body, cavities, etc.), so as to attain greater operability and utility.
Claim 1 (as best understood, see 35 USC 112 rejections). An articulation assembly (embodiment of figures 17-18 to include those parts from the embodiment of figures 1-11 that are necessary for completeness, either by anticipation or obviousness, as detailed in the paragraph above) for a surgical instrument, comprising: a proximal housing (210, 220) including a central cylindrical body (cylinder going through center of housing 210/220 as seen in figs.5-7) disposed therein and first, second, third, and fourth internal cavities (cavities extending at/from/to four apertures 214 and four apertures 224) defined therein and arranged about the central cylindrical body; first and second coupling gears (745/780; 755/790) coaxially disposed about the central cylindrical body within the proximal housing, wherein the first coupling gear (745/780) is disposed more-distally and the second coupling gear (755/790) is disposed more-proximally; first and second input shafts (741, 751) disposed at least partially within the first and second cavities, respectively, the first and second input shafts including proximal receivers (744 of 741, 744 of 751) extending proximally from the proximal housing and configured to receive first and second rotational inputs (in that 744 are configured in shape to receive as such, see also para.0067 “to receive two rotational inputs for articulation…”, and para.0085 “a rotational input provided to input 744”), the first and second input shafts including respective first and second gears (743, 753) wherein the first gear (743) is disposed more-distally and in meshed engagement with the first coupling gear and the second gear (753) is disposed more-proximally and in meshed engagement with the second coupling gear such that the first rotational input rotates the first input shaft to thereby rotate the first coupling gear and such that the second rotational input rotates the second input shaft to thereby rotate the second coupling gear; and first, second, third, and fourth output gears (747, 757, 767, 777) disposed within the proximal housing, the first output gear (one of 747 or 767) disposed within the first cavity distally of the first input shaft and in meshed engagement with the first coupling gear, the second output gear (one of 757 or 777) disposed within the second cavity distally of the second input shaft and in meshed engagement with the second coupling gear, the third output gear (other of 747 or 767) disposed within the third cavity and in meshed engagement with the first coupling gear, and the fourth output gear (other of 757 or 777) disposed within the fourth cavity and in meshed engagement with the second coupling gear, wherein the first rotational input rotates the first and third output gears in the same direction with equal magnitude (via 780 driving both of 747 and 767) and wherein the second rotational input rotates the second and fourth output gears in the same direction with equal magnitude (via 790 driving both 757 and 777 ).
Claim 2. The articulation assembly according to claim 1, wherein the first and third output gears (747 and 767) are diagonally opposite one another and wherein the second and fourth output gears (757 and 777) are diagonally opposite one another.
Claim 3. The articulation assembly according to claim 1, wherein the first and second coupling gears are compound gears (compound gear 745/780; compound gear 755/790) each including a major gear (one of 745/780; one of 755/790) and a minor gear (other of 745/780; other of 755/790).
Claim 4. The articulation assembly according to claim 3, wherein one of the major gears or the minor gears of the first and second coupling gears are disposed in meshed engagement with the first and second gears of the first and second input shafts, respectively (see figures 17 and 18).
Claims 5. The articulation assembly according to claim 4, wherein the other of the major gears or the minor gears of the first and second coupling gears are disposed in meshed engagement with the first and third output gears and the second and fourth output gears, respectively (see figures 17 and 18).
Claim 6. The articulation assembly according to claim 1, further comprising first, second, third, and fourth lead screws (four 842) extending proximally into the first, second, third, and fourth cavities and rotatably fixed relative to the first, second, third, and fourth output gears within the proximal housing such that rotation of one of the first, second, third, or fourth output gears rotates a corresponding one of the first, second, third, or fourth lead screws.
Claim 7. The articulation assembly according to claim 6, further comprising first, second, third, and fourth collars (collars on each of four screws 842) threadingly engaged about the first, second, third, and fourth lead screws, respectively, such that rotation of one of the first, second, third, or fourth lead screws translates a corresponding one of the first, second, third, or fourth collars therealong.
Claim 8. The articulation assembly according to claim 7, wherein first, second, third, and fourth articulation cables (38) are connected to the first, second, third, and fourth collars, respectively, such that translation of one of the first, second, third, or fourth collars tensions or de-tensions a corresponding one of the first, second, third, or fourth articulation cables.
Claim 9. The articulation assembly according to claim 6, wherein a proximal shaft portion (portions of lead screws 842 supporting output gears 747, 757, 767, 777) of each of the first, second, third, and fourth lead screws extends proximally into a corresponding one of the first, second, third, or fourth cavities, and supports a corresponding one of the first, second, third, or fourth output gears thereon within the proximal housing.
Claim 10. The articulation assembly according to claim 9, wherein the proximal shaft portion of each of the first, second, third, and fourth lead screws defines a non-cylindrical (non-cylindrical portions of lead screws 842 supporting output gears 747, 757, 767, 777) configuration and wherein each of the first, second, third, and fourth output gears defines an aperture (apertures in output gears 747, 757, 767, 777) shaped at least partially complementary to the proximal shaft portion of a corresponding one of the first, second, third, and fourth lead screws to thereby rotatably fix the first, second, third, and fourth output gears about the first, second, third, and fourth lead screws, respectively.
Claim 12. (as best understood, see 35 USC 112 rejections). An articulation assembly (embodiment of figures 17-18 to include those parts from the embodiment of figures 1-11 that are necessary for completeness, either by anticipation or obviousness, as detailed in the paragraph above the examiner’s mapping of claim 1) for a surgical instrument, comprising:: a proximal housing (210, 220) including a central cylindrical body (cylinder going through center of housing 210/220 as seen in figs.5-7) disposed therein and first, second, third, and fourth internal cavities (cavities extending at/from/to four apertures 214 and four apertures 224) defined therein and arranged about the central cylindrical body; first and second input shafts (741, 751) configured to receive first and second rotational inputs (in that proximal receivers 744 of input shafts 741/751 are configured in shape to receive as such, see also para.0067 “to receive two rotational inputs for articulation…”, and para.0085 “a rotational input provided to input 744”), the first and second input shafts including respective first and second gears (743, 753) wherein the first gear (743) is disposed more-distally within the proximal housing and the second coupling gear (previously recited second gear 753, or one of the later recited compound coupling gear 755/790, as best understood, see 35 USC 112 clarity rejection) is disposed more-proximally within the proximal housing; first, second, third, and fourth lead screws (four 842) extending proximally into the first, second, third, and fourth cavities, respectively, the first, second, third, and fourth lead screws including first, second, third, and fourth output gears (747, 757, 767, 777), respectively, fixedly disposed thereabout within the respective first, second, third, and fourth cavities, wherein the first output gear is disposed distally of the first gear of the first input shaft and wherein the second output gear is disposed distally of the second gear of the second input shaft; and first and second compound coupling gears (745/780; 755/790) coaxially disposed about the central cylindrical body within the proximal housing with the first coupling gear disposed more-distally and the second coupling gear disposed more-proximally, wherein the first compound coupling gear (745/780) is disposed in meshed engagement with the first gear (743), the first output gear (one of 747 or 767), and the third output gear (other of 747 or 767) such that rotation of the first input shaft rotates the first and third lead screws in the same direction with equal magnitude, and wherein the second compound coupling gear (755, 790) is disposed in meshed engagement with the second gear (753), the second output gear (one of 757 or 777), and the fourth output gear (other of 757 or 777) such that rotation of the second input shaft rotates the second and fourth lead screws in the same direction with equal magnitude.
Claim 13. The articulation assembly according to claim 12, wherein the first and third output gears are diagonally opposite one another and wherein the second and fourth output gears are diagonally opposite one another (see figs. 17 and 18).
Claim 14. The articulation assembly according to claim 12, wherein the first and second compound coupling gears each include a major gear (one of 745/780; one of 755/790) and a minor gear (other of 745/780; other of 755/790).
Claim 15. The articulation assembly according to claim 14, wherein one of the major gears or the minor gears of the first and second compound coupling gears are disposed in meshed engagement with the first and second gears of the first and second input shafts, respectively (see figs. 17 and 18).
Claim 16. The articulation assembly according to claim 15, wherein the other of the major gears or the minor gears of the first and second compound coupling gears are disposed in meshed engagement with the first and third output gears and the second and fourth output gears, respectively (see figs. 17 and 18).
Claim 17. The articulation assembly according to claim 12, further comprising first, second, third, and fourth collars (collars on each of four screws 842) threadingly engaged about the first, second, third, and fourth lead screws, respectively, such that rotation of one of the first, second, third, or fourth lead screws translates a corresponding one of the first, second, third, or fourth collars therealong.
Claim 18. The articulation assembly according to claim 17, wherein first, second, third, and fourth articulation cables (38) are connected to the first, second, third, and fourth collars, respectively, such that translation of one of the first, second, third, or fourth collars tensions or de-tensions a corresponding one of the first, second, third, or fourth articulation cables.
Claim 19. The articulation assembly according to claim 12, wherein the proximal shaft portion of each of the first, second, third, and fourth lead screws defines a non-cylindrical (non-cylindrical portions of lead screws 842 supporting output gears 747, 757, 767, 777) configuration and wherein each of the first, second, third, and fourth output gears defines an aperture (apertures in output gears 747, 757, 767, 777) shaped at least partially complementary to the proximal shaft portion of a corresponding one of the first, second, third, and fourth lead screws to thereby rotatably fix the first, second, third, and fourth output gears about the first, second, third, and fourth lead screws, respectively.
Conclusion
The prior art made of record on the attached PTO-892 and not relied upon above is considered pertinent to applicant's disclosure due general structural similarity thereto.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618