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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/18/2025 has been entered.
Response to Arguments
The Objection to the Drawings is overcome.
The rejection of claims 21 – 29 under 35 U.S.C. 112(a) is withdrawn in light of the Remarks filed 12/18/2025. Applicant points to paragraph [0048] to provide support for the combined function of the coupling device.
The interpretation of the coupling device under 35 U.S.C. 112(f) is no longer applied due to the amendments to the claims filed 12/18/2025.
Please note the rejections below. The assumed interpretation of some claim elements is changed in light of added specificity to the claim elements. If such an interpretation is not what applicant intended, please modify the claim language or state on the record the intended interpretations.
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 – 3, 9 – 11, 20, 21, and 24 – 34 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.
Claim 1 recites “a coupling region…configured to couple a coupling device to the access port”. Claim1 also recites “the coupling device coupled to the coupling region” and “wherein the coupling device includes a portion of a robotic instrument”. It is unclear if the coupling device is meant to be part of the claimed invention, or only functionally recited. For purposes of examination the coupling device is assumed to be part of the claimed invention for claim 1 and its dependents.
Claim 2 gives a list of appropriate accessories associated with the anchoring region. It is noted that the accessories were not positively recited in claim 1, and it is therefore unclear if they are meant to be part of the claimed invention or functionally recited. For purposes of claim 2, the accessories associated with the anchoring region are assumed to be part of the claimed invention.
Claim 20 is likewise interpreted, where the accessory associated with the anchoring region is assumed to part of the claimed invention.
Claim 30 recites “the anchoring region…is adapted and configured to support one or more accessories” and “wherein the one or more accessories includes an imaging device”. It is unclear if the one or more accessories are meant to be part of the invention or only functionally recited. For purposes of examination, they are assumed to be part of the claimed invention for claim 30 and its dependents.
Claim 30 recites “a coupling device”, however it is unclear if the coupling device is meant to be part of the claimed invention or functionally recited. For purposes of examination the coupling device is assumed to be part of the claimed invention.
Claim 33 recites “the anchoring region…is adapted and configured to support one or more accessories” and “wherein the one or more accessories includes an imaging device”. It is unclear if the one or more accessories are meant to be part of the invention or only functionally recited. For purposes of examination, they are assumed to be part of the claimed invention for claim 33 and its dependents.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TESSA M MATTHEWS whose telephone number is (571)272-8817. The examiner can normally be reached M - F 8am - 1pm.
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/TESSA M MATTHEWS/Examiner, Art Unit 3773