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
Specification
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Abstract
The abstract of the disclosure is objected to because it recites claim language. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
The following claim limitations have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (any paragraphs cited come from PGPUB 2024/0374331, representative of the specification of the instant application):
Claim 1-2
“a first/second driving unit configured to move… the first/second tendon and the first/second sheath”
This limitation utilizes the generic placeholder “unit”, transitional phrase “configured to” and functional language “move”. The preceding term “driving” does not apply specific structure that performs the function.
The specification states the following in paragraph 90: “the first and second driving units 80 and 86 may be configured as motors”
Therefore, the structure from the specification associated with this term is motors.
Claims 1 and 16
“a first movable member that is movable with respect to the stationary member”
This limitation utilizes the generic placeholder “member”, transitional phrase “that is” and functional language “movable”. The preceding term “first movable” does not apply specific structure that performs the function.
The specification states the following in paragraph 90: “the first movable member 30 may be configured as a body 32”
Therefore, the structure from the specification associated with this term is a body.
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, 3-6 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riviere et al. (US Patent Pub. No. 2005/0154376).
Riviere discloses a moving device comprising:
A stationary member (see unit 12 in Figures 1-2; also note that in Figures 3B-3D unit 12 is shown not moving, i.e., stationary);
A first tendon (see any of numerals 24, 25, 26 in Figures 1-2) of which one side is coupled to the stationary member (see tendons 24, 25 and 26 affixed to unit 12 in Figure 2);
A first movable member (see unit 14 in Figures 1-2) that is movable with respect to the stationary member;
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A first sheath (see sheaths in bold lines labeled as 24, 25, and 26 in Figures 3A-D; see sheaths labeled as 24’, 25’ and 26’ in Figures 1-2) of which one side is coupled to the first movable member (see sheaths 24’, 25’ and 26’ coupled to unit 14 in Figures 1-2) and which is formed to allow the first tendon to pass therethrough (see paragraph 23; “Between the proximal body 14 and the handle 15, the wires 24, 25, 26 are contained within sheathes 24', 25', 26', respectively…”);
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A first holder configured to fix any one of the other side of the first tendon and the other side of the first sheath (see handle 15 in Figures 3A-D, which illustrate “the other side of the first sheath” fixed thereto); and
A first driving unit configured to move the other one of the other side of the first tendon and the other side of the first sheath (see control unit 46 in Figure 5A, “The control system 46 may also include motors 54 for controlling movement of wires 24, 25 26” – paragraph 28),
Wherein the first movable member is formed to relatively move with respect to the stationary member according to relative movement of the first tendon and the first sheath (see Figures 3B-3D, in which unit 14 moves relative to “stationary” unit 12 according to relative movement of the tendons and sheaths).
Regarding claim 3, it is noted that the motors 54 of Riviere are connected to the other side of the wires/tendons, and the other side of the sheath is connected to the handle 15, for which at the point of connection is a holder.
Regarding claim 4, Figure 4C illustrates when wire/tendon 26 is pulled by the motor as compared to Figure 4B which illustrates prior to the pulling. The pulling causes the portion of the tendon at the end opposite the motor (i.e., “the one side”) to be pulled into the sheath, and the portion of the tendon nearer the motor and outside of the handle 15 (i.e., “the other side”) to be drawn out from the sheath. Therefore, this reads on claim 4.
Regarding claim 5, it is noted that the “other side” of the wire/tendons are fixedly attached to the “stationary member” (i.e., unit 12), at which point of connection is considered a first/second/third holder, respectively for each first/second/third wire/tendon. Additionally, Figures 3C and 3D illustrate how the motors 54 are formed to move the other side of the sheaths when the stationary member (i.e., unit 12) is kept stationary.
Regarding claim 6, the reproduction of Figures 3C and 3D below illustrates where one side portion of the first tendon includes a first portion of which one side is coupled to the stationary member (see portion of tendon/wire labeled “1st portion”, found between units 12 and 14), and the other side (see portion of tendon/wire found between the handle 15 and unit 14) extends in a first direction (see portion of tendon/wire labeled “1st direction”, for which the dashed line extends to show the longitudinal axis of that 1st direction) and a second portion extending in a second direction from the first portion (see portion of tendon/wire labeled “2nd direction”, which is shown elevated
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approximately 45o upward from the “1st portion”, thereby being in a second direction), and
the first movable member (i.e., unit 14) is formed to relatively move in a direction parallel to the first direction with respect to the stationary member according to the relative movement of the first tendon and the first sheath (note that between Figures 3C and 3D, unit 14 has moved along tendon/wires in the “1st portion”, which were parallel to the dashed line which extended the “1st direction”, thereby illustrating movement of unit 14 in a direction parallel to the first direction with respect to the stationary member according to the relative movement of the first tendon and the first sheath).
Regarding claim 14, the motor(s) 54 of Riviere are considered “actuators”.
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Riviere in view of Stahler et al. (US Patent Pub. No. 2012/0071895).
Riviere is described above with regard to claim 1. While Riviere teaches the use of motors for the driving unit(s), there is no explicit teaching of guide(s) associated with the units.
Stahler teaches a robotically controlled surgical system having a sheath instrument 30 and a second or inner steerable component, otherwise referred to as a robotic catheter or guide or catheter instrument 18 (see paragraph 297). As shown in Figures 5A-5C, and particularly Figure 5C the instrument driver 16 is illustrated with mounting plates 37,38 fixably coupled to a guide carriage 50, and it is noted that the sheath instrument 30 and catheter instrument 18 are mounted to the mounting plates 37, 38 and are controllable using the robotic instrument driver 16.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to provide a guide for control of a sheath and wire-like components controlled within the sheath, as taught by Stahler, and to utilize such a guide within the system of Riviere because the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results (KSR, 550 U.S. at 416, 82 USPQ2d at 1395).
Allowable Subject Matter
Claims 2 and 7-13 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.
Claims 16-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 2 and 16 are indicated allowable because the prior art fails to teach a first tendon coupled to the stationary member, a first sheath coupled to the first movable member, a second tendon coupled to the first movable member, and a second sheath coupled to the stationary member, as claimed.
While Riviere teaches multiple tendons and sheaths, they are each configured and connected in the same manner, whereas the claims require differences in connections with the various components.
Conclusion
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
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