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 .
Priority
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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the last clause recites “a primary fastening mechanism engaging the distal assembly to the proximal assembly, where the secondary fastening mechanism is a quick release mechanism.” The term “the secondary fastening mechanism” lacks proper antecedent basis in the claim. Further, it is unclear as to how the “primary fastening mechanism” and the “secondary fastening mechanism” are connected, related or engaged together as the claim is currently drafted. It is the Examiner’s best guess that the primary and secondary fastening mechanism each belong to either the “proximal assembly” or the “distal assembly”, and are adapted to engage together thus engaging said “proximal assembly to the “distal assembly.” Appropriately clarification and amendments are required.
Dependent claims 2-4 and 7 individually recited “the secondary fastening mechanism”; these claims are rejected as indefinite for the same rationale discussed to claim 1.
Further regarding claim 3, the claim recites “wherein the secondary fastening mechanism comprises a member on a first one of the proximal assembly and the distal assembly, and the hook and latch mechanism of the other one of the proximal assembly and the distal assembly.” In this claim clause, it is unclear what is “a member” and also, the relationship between “the member” and “the hook and latch mechanism” is confusing. As the claim is drafted, it appears that “the member” is attached to “the hook and latch mechanism” forming “the secondary fastening mechanism. But, claim 2 recites that “the secondary fastening mechanism comprises a hook and latch mechanism”, suggesting that a hook is attached to a latch. Based on claim 2, it is the Examiner’s understanding that: a first member of the hook and latch should be at a first one of the proximal assembly and the distal assembly, and other member of the hook and latch should be at the other one of the proximal assembly and the distal assembly. Examination will follow the Examiner’s interpretation explained in this rejection.
Dependent claims 4 and 6, both recite “the base assembly”, there is insufficient antecedent basis for this term in the claims as “base (section)” has been replaced with “proximal assembly” in independent claim 1. For purposes of examination, “the base assembly” is assumed to be the “proximal assembly.”
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 1-8 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”).
Regarding claim 1, Kos teaches a surgical robotic manipulator (abstract: Fig.4: manipulator 400) comprising:
a proximal assembly (arm 414 and arm 404) 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) 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 (robot arm connector 406, i.e. quick lock mechanism 1104 including components 1104a and 1104b as shown in Figs. 11A-11F) engaging the distal assembly to the proximal assembly ([0081-0082] connector 406 allows electrical signals from arm 414 to pass to holder 408), where the secondary fastening mechanism (lever system 1102) is a quick release mechanism (quick lock mechanism 1104 including components 1104a and 1104b as shown in Figs. 11A-11F).
Regarding claim 2, Kos teaches the surgical robotic manipulator of claim 1, wherein the secondary fastening mechanism (1102) comprises a hook and latch mechanism. (see [0104] and Fig. 11C, hook 1104a and lever 1102a)
Regarding claim 3, Kos teaches the surgical robotic manipulator of claim 2, wherein the secondary fastening mechanism (1102) comprises a member on a first one of the proximal assembly and the distal assembly, and the hook and latch mechanism of the other one of the proximal assembly and the distal assembly. (This claim is rejected under the Examiner’s best guess discussed in 35 USC 112(b), “secondary fastening mechanism”, i.e. level system 1102, see [0104] “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”)
Regarding claim 4, Kos teaches the surgical robotic manipulator of claim 1, wherein the secondary fastening mechanism (1102) 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. (Fig. 14 and [0107] alternative spring and corresponding bore for guiding the tool attachment)
Regarding claim 5, Kos teaches the surgical robotic manipulator of claim 1, wherein the primary fastening mechanism (connector 406) comprises a plurality of bolts (positioning pins 1106 including 1106a, 1106b, and 1106c) engaging the distal assembly to the proximal assembly. (see Fig. 11C and [0103])
Regarding claim 6, Kos teaches the surgical robotic manipulator of claim 1, further including: a first circuit board in the distal assembly and a first connector (810) on the first circuit board; a second circuit board in the base assembly and a second connector (812) on the second circuit board; wherein the first and second 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 (arms 414 and 404) includes a vertical column (414) and a horizontal boom (404), and wherein the primary (connector 406) and secondary fastening mechanisms (lever system 1120) removably couple the distal assembly (holder 408) 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 (arms 414 and 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) 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 414 and arm 404) 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) 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 (robot arm connector 406, i.e. quick lock mechanism 1104 including components 1104a and 1104b as shown in Figs. 11A-11F) securing the distal assembly to the proximal assembly ([0081-0082] connector 406 allows electrical signals from arm 414 to pass to holder 408); and
a secondary fastening mechanism (lever system 1102) engaging the distal assembly to the proximal assembly (see Figs. 11A-1), wherein the secondary fastening mechanism is a quick-release mechanism (quick lock mechanism 1104 including components 1104a and 1104b as shown in Figs. 11A-11F);
disengaging the primary fastening mechanism ([0081-0082, 0088] electrical connection of connector 406 can be disengaged);
after disengaging the primary fastening mechanism, disengaging the quick release mechanism ([0102-0103] disengage level system 1102);
separating the distal assembly from the proximal assembly (inherent based on disengaging; and see [0083] distal assembly, i.e. tool holder 408, can be disengaged and swapped to from a first tool/instrument to a second tool/instrument);
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, engaging the primary fastening mechanism (see [0081-0082, 0088]). hook 1104a and lever 1102a
Regarding claim 12, Kos discloses the method of claim 11, further comprising, before disengaging the quick release mechanism, 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 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 (arms 414 and 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 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
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.
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/SHIRLEY X JIAN/ Primary Examiner, Art Unit 3792
December 3, 2025