DETAILED CORRESPONDENCE
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 Group I, Claims 1-10 in the reply filed on 02/27/2026 is acknowledged.
Status of Claims
This Office Action is in response to the application filed on 03/08/2024. Claims 1-17 are presently pending and are presented for examination.
Claims 11-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/27/2026.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 03/08/2024 and 07/16/2024 were filed and are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
The Examiner notes that the International Search Report for PCT/JP2021/037588 was submitted in the application, however the document is not listed on an IDS.
Claim Objections
Claims 4 and 10 are objected to because of the following informalities:
Claim 4 line 9 reads “the other”, --another-- is suggested.
Claim 10 line 4 reads “the surgical”, --a surgical-- is suggested.
Claim 10 line 5 reads “inserted1”, --inserted-- is suggested.
Claim 10 line 8 reads “body)”, --body-- is suggested.
Appropriate correction is required.
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 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 pre-AIA the applicant regards as the invention.
Claim 1 lines 1-2 recite the limitation “A drape unit, comprising: a drape unit”. It is unclear what is required by this limitation. More specifically, it is unclear if two drape units are required by the limitation.
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 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phoolchund (US 20190269471 A1) in view of Ago (US 11723731 B2).
Regarding claim 1, Phoolchund discloses a drape unit (see Fig. 9; 700 and see paragraph [0061], wherein interface structure 700 may be integrally formed with the drape), comprising: a drape unit (700) disposed between a medical robot (501) that holds a surgical instrument (402) and the surgical instrument to isolate the surgical instrument and the medical robot from each other (see Fig. 9 and paragraph [0061]), the drape unit comprising: a slider (see Fig. 7; 721) having a first engagement portion (bottom portion of 721) engaged with a power transmission part (see Fig. 6; 502) of the medical robot configured to transmit power in a forward/backward direction (see Fig. 6; left/right direction in the figure) and a second engagement portion (see Fig. 7; upper portion of 721) engaged with a movable part (see Fig. 6; 403) of the surgical instrument, the slider transmitting power received from the power transmission part to the movable part (see paragraph [0075], wherein movable cover 721 is configured to receive instrument interface element 403, and is received by drive assembly interface element 502); and a separator main body (see Fig. 7; 701) having a through-hole (719) through which at least a part of the slider is inserted (see Fig. 7), the separator main body being detachably attached to the medical robot (see Fig. 6, wherein 701 is attached and Fig. 8, wherein 701 is detached). Phoolchund fails to disclose a locking cover configured to be detached and reattached to the drape unit, the locking cover comprising: a main body portion configured to cover an entirety of the through-hole; a holding portion that detachably holds a relative position of the main body portion to the separator main body; and a [transmission] holding portion provided on the main body portion so as to hold a relative position between the main body portion and the [transmission], the [transmission] holding portion being configured to engage with the second engagement portion. However, Ago teaches a locking cover (see Fig. 10; 6b) configured to be detached and reattached to the drape unit (see Fig. 7-9; 6a), the locking cover comprising: a main body portion (see Fig. 10; 64) configured to cover an entirety of the through-hole (see Fig. 7; through-hole wherein 61 are provided); a holding portion (see Fig. 10; 66) that detachably holds a relative position of the main body portion to the separator main body (see column 11 lines 32-33, wherein attaching parts 66 that removably attach the stopper body 64 to the adapter 6a); and a [transmission] holding portion (see Fig. 11; 65) provided on the main body portion so as to hold a relative position between the main body portion and the [transmission], the [transmission] holding portion being configured to engage with the second engagement portion (see Fig. 4; and see column 11 lines 41-43, wherein the rotation restricting parts 65 are configured to fit together with the engaging depressed parts 613 of the adapter 6a). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Phoolchund with a locking cover, as taught by Ago, to provide a stopper which restricts movement of the driving transmission member and is configured to be mounted on the adapter in a state in which the rotation of the driving transmission member is restricted by the rotation restricting part before the driving member of the driving unit fits together with the second member of the adapter, and is also configured to be removed from the adapter after the driving member of the driving unit fits together with the second member of the adapter (see column 2 lines 14-21). In other words, to restrict movement of the transmission members during assembly so that the robot arm and the surgical instrument can quickly and easily be assembled. As a result of the combination, the following limitations would necessarily result: a slider (Phoolchund; 721) holding portion (Ago; 65).
Regarding claim 2, Phoolchund in view of Ago fail to disclose the main body portion has optical transparency, and a relative position of the slider with respect to the separator main body can be visually recognized in a state in which the locking cover is attached to the separator main body. However, the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). Additionally, a non-transparent locking cover and a transparent locking cover both operate in the same manner, and the optical transparency is considered an obvious matter of design choice.
Regarding claim 3, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the holding portion (Ago, 66) comprises a convex portion (Ago, Fig. 11) that protrudes toward a side of the separator main body (Ago, body of 6a), the drape unit (Ago, 6a) further includes a locking reception portion (Ago, Fig. 9, portion of 6a where 66 is provided) configured to receive the convex portion and restrict movement of the convex portion in the forward/backward direction (Ago, Fig. 9), and when the locking cover is attached to the separator main body by the locking reception portion (Ago, Fig. 9), the slider (Phoolchund, 721), whose relative position is held by the slider holding portion, can be engaged with the power transmission part (Phoolchund, 502).
Regarding claim 4, Phoolchund teaches an initial reception portion (see Fig. 9; vertical portion of 903a) configured to receive the convex portion (see Fig. 7; 706a). Phoolchund in view of Ago fail to disclose the drape unit further includes: an initial reception portion configured to receive the convex portion to temporarily hold the locking cover. However, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, the reception portion 903a and the convex portion 706a can be rearranged, e.g., swapped, and would not modify the operation of the drape unit. As a result of the combination, the following limitations would necessarily result: the drape unit (Phoolchund; 700) further includes: an initial reception portion (Phoolchund; vertical portion of 903a) configured to receive the convex portion (Ago; 66) to temporarily hold the locking cover (Ago; 6b) and a guide portion (Phoolchund; horizontal portion of 903a) configured to guide the convex portion in the forward/backward direction from the initial reception portion to the locking reception portion (Phoolchund; Fig. 9), and the locking reception portion is provided with a locking wall (Phoolchund; leftmost wall of 903a in Fig. 9) configured to allow the convex portion to be guided by the guide portion and move in one of forward and backward directions but restrict the movement of the convex portion in the other of the forward and backward directions (Phoolchund; Fig. 9).
Regarding claim 5, the combination of claim 4 elsewhere above would necessarily result in the following limitations: in a state in which the locking cover (Ago, 9b) is temporarily held by the initial reception portion (Phoolchund; vertical portion of 903a), the one or more slider holding portions (Ago, 65) are positioned to engage with the one or more second engagement portions of the slider (Phoolchund; upper portion of 721) at an end on one side of the through-hole (Ago; through-hole wherein 61 are provided) in the forward/backward direction (Phoolchund; Fig. 9; left to right direction in the figure).
Regarding claim 6, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the locking cover (Ago, 6b) is a symmetrical shape with a predetermined cross section as a plane of symmetry (Ago, Fig. 10-11, wherein 6b is symmetrical about the X axis and the Y axis).
Regarding claim 7, the combination of claim 1 elsewhere above would necessarily result in the following limitations: in a state in which the locking cover (Ago, 6b) is attached to the drape unit (Phoolchund; 700), the plane of symmetry is a plane including a direction along the forward/backward direction of the drape unit (Ago, Y direction).
Regarding claim 8, the combination of claim 1 elsewhere above would necessarily result in the following limitations: in a state in which the locking cover (Ago, 6b) is attached to the drape unit (Phoolchund; 700), the plane of symmetry is a plane orthogonal to the forward/backward direction of the drape unit (Ago, X direction).
Regarding claim 9, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the slider holding portion (Ago, 65) is equally divided by the plane of symmetry (Phoolchund; see fig. 7, wherein sliders 721 are positioned in the middle of 700, such that an axis of symmetry in the A direction would equally divide the portions that hold sliders 721).
Regarding claim 10, Phoolchund discloses a slider (see Fig. 7; 721) having a first engagement portion (bottom portion of 721) engaged with a power transmission part (see Fig. 6; 502) of a medical robot (see Fig. 5; 501) configured to transmit power in a forward/backward direction (see Fig. 6; left/right direction in the figure) and a second engagement portion (see Fig. 7; upper portion of 721) engaged with a movable part of the surgical instrument (see Fig. 6; 403) and a separator main body (see Fig. 7; 701) having a through-hole (719) through which at least a part of the slider is inserted (see Fig. 7). Phoolchund fails to disclose a locking cover for covering a drape unit, the locking cover comprising: a main body portion configured to cover the entire through-hole; a holding portion that detachably holds a relative position of the main body portion to the separator main body; and a [transmission] holding portion that is provided on the main body portion so as to hold a relative position between the main body portion and the [transmission] and can be engaged with the second engagement portion. However, Ago teaches a locking cover (see Fig. 10; 6b) for covering a drape unit (see Fig. 7-9; 6a), the locking cover comprising: a main body portion (see Fig. 10; 64) configured to cover the entire through-hole (see Fig. 7; through-hole wherein 61 are provided); a holding portion (see Fig. 10; 66) that detachably holds a relative position of the main body portion to the separator main body (see column 11 lines 32-33, wherein attaching parts 66 that removably attach the stopper body 64 to the adapter 6a); and a [transmission] holding portion (see Fig. 11; 65) that is provided on the main body portion so as to hold a relative position between the main body portion and the [transmission] and can be engaged with the second engagement portion (see Fig. 4; and see column 11 lines 41-43, wherein the rotation restricting parts 65 are configured to fit together with the engaging depressed parts 613 of the adapter 6a). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Phoolchund with a locking cover, as taught by Ago, to provide a stopper which restricts movement of the driving transmission member and is configured to be mounted on the adapter in a state in which the rotation of the driving transmission member is restricted by the rotation restricting part before the driving member of the driving unit fits together with the second member of the adapter, and is also configured to be removed from the adapter after the driving member of the driving unit fits together with the second member of the adapter (see column 2 lines 14-21). In other words, to restrict movement of the transmission members during assembly so that the robot arm and the surgical instrument can quickly and easily be assembled. As a result of the combination, the following limitations would necessarily result: a slider (Phoolchund; 721) holding portion (Ago; 65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20190223965 A1 discloses a drape unit comprising a cover.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618