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 .
The current application has the effective filing date of 02/19/2023 to PRO 63485907. The discrepancy in USPTO records concerning priority date is due to 02/19/2024 being a Sunday, see MPEP 211.01(a) – I.
Claim Status
As per Applicant’s response receive on 05/08/2026, claims 1-14 are pending; claims 1, 4, 6 and 11 have been amended.
Note: claims 12-14 are incorrectly labeled as “New”; claims 12-14 should have been properly labeled “Previously presented.”
Response to Amendment
The 35 USC 112(b) rejection are withdrawn in view of current claim amendment.
As for the 35 USC 102 rejection based on Kostrzewski et al. US 2016/0151120 (“Kos”), the Applicant’s arguments have been fully considered but are not persuasive. In particular, the Applicant argues that “Kos” fails to teach separate/distinct primary and secondary fastening systems; arguing that lever system 1102 and quick lock mechanism 1104 are integrated parts of a single attachment system. The Examiner respectfully disagrees. In view of the current claim amendment, the rejection rationale as also been amended to the following:
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Also see Kos [0104]:
[0104] As the lever system 1102 is activated by being pushed in the direction of the arrow, the quick lock mechanism pulls the surgical instrument tight against the flange 1152. The locked position of the mechanism is shown in FIGS. 11B and 11D. When the lever is in the closed position, joint 1120e is on the left side of the line L going through the joints 1120a and 1120c. Thanks to this configuration, a bi-stable behavior is achieved and the lever remains closed until being slightly raised. In this configuration very high forces are achieved because of alignment of intermediate elements 1102c and 1102d (illustrated by the bold line L). This configuration is called a toggle mechanism. In this example, the lever system 1102 is activated by being pushed in the direction of the arrow, element 1102b rotates around pin 1120b, lever 1102a rotates about pin 1120a, element 1102c rotates about pin 1120c, and pin 1120d connects elements 1102b, 1102c, and 1102c. In this example, when the lever 1102a is released, the quick lock hook 1104a can be released (e.g., by pressing tab 1124 directly or indirectly be a separate lever or button) such that the instrument 1150 can be removed. In some embodiments, the linkage is arranged such that the bold line L is straight.
As shown, 1102 is the primary fastening system involving the features 1102a-1102e-specifically engaged/disengaged through lever 1102a. Distinct from 1102, is a secondary fastening system involving features 1104a-1104b and 1124, specifically, as highlighted above, when “the lever 1102a is released, the quick lock hook 1104a can be released (e.g., by pressing tab 1124 directly or indirectly be a separate lever or button) such that the instrument 1150 can be removed.” Accordingly, it is evident that secondary fastening mechanism: hook 1104a can only be released, via tab 1124, after the primary fastening mechanism: lever 1102a is lifted or disengaged. This feature is sufficient to teach the features of claims 1 and 11 as amended in the current claim amendments.
As such, the Applicant’s arguments are not persuasive, at least claims 1 and 11 remain rejected by Kos, see new grounds of rejections below.
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.
(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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6-8 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kostrzewski et al. US 2016/0151120 A1 (hereinafter “Kos”)
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Regarding claim 1, Kos teaches a surgical robotic manipulator (abstract: Fig.4: manipulator 400) comprising:
a proximal assembly (arm 404; alternatively, as shown in Fig. 11C: left side as annotated) comprising a first plurality of joints operable to move the robotic manipulator in a first plurality of degrees of freedom (see Fig. 4 and [0078: last sentence] at least four degrees of freedom; also see [0081]);
a distal assembly (tool holder 408; alternatively, as shown in Fig. 11C: tool/instrument 1150) comprising a second plurality of joints operable to move the robotic manipulator in a second plurality of degrees of freedom (see Fig. 4 and [0088] at least the force sensor on tool holder has multiple degrees of freedom; also see [0095, 0097] sliding/translation movement along axis);
a primary fastening mechanism (lever system 1102) engaging the distal assembly to the proximal assembly ([0102-0104] the lever system 1102 used to generate fixation force through the lever 1102 to connect with instrument 1150; lever system 1102 is activated by being pushed in the direction of the arrow, the quick lock mechanism pulls the surgical instrument tight against the flange 1152. The locked position of the mechanism is shown in FIGS. 11B and 11D. When the lever is in the closed position, joint 1120e is on the left side of the line L going through the joints 1120a and 1120c),
a secondary fastening mechanism (quick lock mechanism 1104) engaging the distal assembly to the proximal assembly ([0103-0104] quick lock hook 1104a which automatically captures a pin head 1104b which is part of the attached instrument 1150 (e.g., including pins 1106 and pin head 1104b)),
wherein the secondary fastening mechanism (1104) supports the distal assembly when the primary fastening mechanism is disengaged (as shown in Fig. 11C wherein lever 1102 is disengaged, 1104 remains engaged, until the user pressed tab 1124, see [0104:2nd to last sentence] “when the lever 1102a is released, the quick lock hook 1104a can be released (e.g., by pressing tab 1124 directly or indirectly be a separate lever or button) such that the instrument 1150 can be removed”),
where the secondary fastening mechanism (1104) is a quick release mechanism (inherent, i.e. “quick lock mechanism 1104”; and also see [0104:2nd to last sentence] quick release directly via pressing tab 1124).
Regarding claim 2, Kos teaches the surgical robotic manipulator of claim 1, wherein the secondary fastening mechanism (1104) comprises a hook and latch mechanism. (see [0104] hook 1104a and latch/pin head 1104b)
Regarding claim 3, Kos teaches the surgical robotic manipulator of claim 2, wherein the secondary fastening mechanism (1104 comprising 1104a and 1104b; [0103] “ quick lock hook 1104a which automatically captures a pin head 1104b which is part of the attached instrument 1150 (e.g., including pins 1106 and pin head 1104b)”) comprises a member on a first one of the proximal assembly and the distal assembly (as annotated in Fig. 11C above: hook 1104a is on “proximal assembly,), and the hook and latch mechanism of the other one of the proximal assembly and the distal assembly (as annotated in Fig. 11C above: latch/pin head 1104b is on “distal assembly”).
Regarding claim 6, Kos teaches the surgical robotic manipulator of claim 1, further including:
a first circuit board in the distal assembly (tool 408/ tool 1150) and a first connector (810) on the first circuit board; a second circuit board in the proximal assembly (arm 404) and a second connector (812) on the second circuit board; wherein the first (810) and second (812) connectors are releasably engaged. (See [0098] regarding corresponding connectors 810 and 812 for transmitting power and information. As for the limitations “first circuit board” and “second circuit board” these are inherent features in Kos, see [0016] “a connector element associated with (e.g., attached to) the surgical instrument holder that, when engaged with (e.g., mated with) a corresponding connect[or] associated with the surgical instrument, provides power to the surgical instrument (e.g., and information transfer, e.g., information concerning measured forces).”)
Regarding claim 7, Kos teaches the surgical robotic manipulator of claim 1, wherein the proximal assembly (arm 404) includes a vertical column (414) and a horizontal boom (404), and wherein the primary (1102) and secondary fastening mechanisms (1104) removably couple the distal assembly (408/1150) to the horizontal boom (404). (see [0081] “the surgical tool holder 408 is removably connected to the robotic arm 404 via connector 406 and a force sensor 430 as shown in FIG. 4.”)
Regarding claim 8, Kos teaches the surgical robotic manipulator of claim 1, wherein the proximal assembly (arm 404) is moveable in three degrees of freedom ([0078: last sentence] at least four degrees of freedom; also see [0081]), and the distal assembly (tool holder 408/1105) is moveable in four degrees of freedom. ([0088] at least the force sensor on tool holder has three degrees of freedom, and [0095, 0097] sliding/translation movement along axis)
Regarding claim 11, Kos discloses a method of servicing a surgical robotic manipulator (abstract: method and manipulator 400), comprising the steps of:
providing a surgical robotic manipulator (Fig.4: manipulator 400) comprising:
a proximal assembly (arm 404; alternatively, as shown in Fig. 11C: left side as annotated) comprising a first plurality of joints operable to move the robotic manipulator in a first plurality of degrees of freedom (see Fig. 4 and [0078: last sentence] at least four degrees of freedom; also see [0081]),
a distal assembly (tool holder 408; alternatively, as shown in Fig. 11C: tool/instrument 1150) comprising a second plurality of joints operable to move the robotic manipulator in a second plurality of degrees of freedom (see Fig. 4 and [0088] at least the force sensor on tool holder has multiple degrees of freedom; also see [0095, 0097] sliding/translation movement along axis),
a primary fastening mechanism (lever system 1102) securing the distal assembly to the proximal assembly ([0102-0104] the lever system 1102 used to generate fixation force through the lever 1102 to connect with instrument 1150; lever system 1102 is activated by being pushed in the direction of the arrow, the quick lock mechanism pulls the surgical instrument tight against the flange 1152. The locked position of the mechanism is shown in FIGS. 11B and 11D. When the lever is in the closed position, joint 1120e is on the left side of the line L going through the joints 1120a and 1120c); and
a secondary fastening mechanism (quick lock mechanism 1104) engaging the distal assembly to the proximal assembly ([0103-0104] quick lock hook 1104a which automatically captures a pin head 1104b which is part of the attached instrument 1150 (e.g., including pins 1106 and pin head 1104b)), wherein the secondary fastening mechanism is a quick-release mechanism (inherent, i.e. “quick lock mechanism 1104”; and also see [0104:2nd to last sentence] quick release directly via pressing tab 1124) wherein the secondary fastening mechanism supports the distal assembly when the primary fastening mechanism is disengaged (as shown in Fig. 11C wherein lever 1102 is disengaged, 1104 remains engaged);
disengaging the primary fastening mechanism (as shown in Fig. 11C wherein lever 1102 is disengaged, 1104 remains engaged);
after disengaging the primary fastening mechanism, disengaging the quick release mechanism (as shown in Fig. 11C wherein lever 1102 is disengaged, 1104 remains engaged, until the user pressed tab 1124, see [0104:2nd to last sentence] “when the lever 1102a is released, the quick lock hook 1104a can be released (e.g., by pressing tab 1124 directly or indirectly be a separate lever or button) such that the instrument 1150 can be removed”);
separating the distal assembly from the proximal assembly (see immediately above, [0104: 2nd to last sentence] by pressing tab 1124);
positioning a replacement distal assembly ([0083] switching to a second/replacement tool/instrument) distal to the proximal assembly (arm 414 and 404) and engaging the quick release mechanism to couple the replacement distal assembly to the proximal assembly ([0083]);
after engaging the quick release mechanism (1104), engaging the primary fastening mechanism (1102; implicitly taught based on the order of release discussed immediately above in [0102-0104])
Regarding claim 12, Kos discloses the method of claim 11, further comprising, before disengaging the quick release mechanism (1104), disengaging electrical connectors between the distal assembly and the proximal assembly. (See [0081-0082, 0088])
Regarding claim 13, Kos discloses the method of claim 11, wherein positioning a replacement distal assembly includes aligning alignment pins (positioning pins 1106 including 1106a, 1106b, and 1106c) of a first one of the replacement distal assembly and the proximal assembly with corresponding bores (bores on guide plate 1108) of a second one of the replacement distal assembly and the proximal assembly, and then inserting said alignment pins (1106a, 1106b, and 1106c) into the corresponding bores (1108) while advancing at least one of the replacement distal assembly and the proximal assembly towards the other of the replacement distal assembly and the proximal assembly. (see Fig. 11C and [0103] “The guide plate 1108 allows the pin head 1104b to pass therethrough and also allows the positioning pins 1106…to interface with the guide plate 1108 to ensure proper alignment of the instrument 1150”)
Regarding claim 14, Kos discloses the method of claim 13, further including, after inserting said alignment pins (positioning pins 1106 including 1106a, 1106b, and 1106c) into the corresponding bores (bores on guide plate 1108), engaging electrical connectors (connector 606) between the distal assembly and the proximal assembly (electrical connector 406; see Figs. 11A-11F and [0088, 0090]).
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 4, 5, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kos as applied to claim 1 above.
Regarding claim 9, Kos teaches the surgical robotic manipulator of claim 8 wherein the proximal assembly (arm 404) is moveable in six degrees of freedom, including three translations and three rotations ([0078: last sentence]). Kos does not explicitly disclose wherein the proximal assembly is moveable in only three degrees of freedom. However, modifying the number of degrees of freedom would have been a design choice at the time of invention, a person of ordinary skill in the art would have been able to configure the proximal assembly such that it is moveable in only three degrees of freedom, because Kos further discloses that the distal assembly to which the proximal assembly is attached is able to move in four or more degrees of freedom, this way it would compensate for decreasing the mobility of the proximal assembly and to result in a manipulator that can still perform the intended range of movements for robotic surgery (Kos: [0095, 0097]).
Regarding claim 4, Kos teaches the surgical robotic manipulator of claim 1, wherein the secondary fastening mechanism (1104) further comprising a plurality of bores (bores on guide plate 1108) on the proximal assembly, and pins (1106) on the distal assembly; the bores configured to receive a portion of the pins; see [0103] and Figs. 11C and 11F. Kos does not disclose the secondary fastening mechanism comprises a spring plunger on a first one of the proximal assembly and the distal assembly, and a bore on a second one of the base assembly and the distal assembly, the bore configured to receive a portion of the spring plunger. However, Kos, in an alternative embodiment discloses using “[a] spring or other device can be used to remove any mechanical backlash such that the instrument cannot be removed after being inserted into the guide until the spring or other mechanism is released.” ([0107]) It would have been obvious to a person of ordinary skill in the art at the time of invention to combine embodiments disclosed in Kos such as to add spring to the pins (1106) on the distal assembly, such that they are received by the plurality of bores (bores on guide plate 1108) on the proximal assembly; the motivation for doing so is to remove mechanism backlash as noted in Kos ([0107]).
Regarding claim 5, Kos teaches the surgical robotic manipulator of claim 1, wherein the primary fastening mechanism (1102) is a lever system that comprises one bolt (1102e; as shown in Fig. 11C). Kos does not disclose the primary fastening mechanism comprises a plurality of bolts engaging the distal assembly to the proximal assembly. However, Kos, in an alternative embodiment discloses “the tool holder 408 is a flange that a surgical instrument tool may be secured to via, for example, bolts.” (exemplary as shown in Fig.4, [0093]). Similarly, Kos, also discloses that the bolt is secure via pin-based fixation system ([0100]). In view of these alternative embodiments, it would have been an alternative design choice to a person of ordinary skill in the art at the time of invention to modify Kos’s single bolt lever system as shown in Fig. 11C to include the plurality of bolts for engaging the distal and proximal assembly, the motivation would be because a plurality of pins and bolts is alternative to the single bolt lever embodiment.
Regarding claim 10, Kos discloses the surgical robotic manipulator of claim 9, wherein the distal assembly is moveable in only four degrees of freedom. ([0088] at least the force sensor on tool holder has three degrees of freedom, and [0095, 0097] sliding/translation movement along axis)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kostrzewski US 2015/0305817 A1 teaches an alternative surgical instrument holder to the current application.
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 SHIRLEY X JIAN whose telephone number is (571)270-7374. The examiner can normally be reached M-F 8:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIRLEY X JIAN/ Primary Examiner, Art Unit 3792
July 21, 2026
