DETAILED ACTION
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 encompassing claims 1-9 in the reply filed on 05/06/2026 is acknowledged.
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(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ago et al (US 2022/0331023) hereinafter Ago in view of Kang et al (US 2013/0096574) hereinafter Kang.
Regarding claim 1, Ago discloses surgical adapter assembly for interconnecting an interface of a powered surgical system with a manually-operable surgical instrument (Fig. 16), the surgical adapter assembly comprising:
a frame ([0142] housing 370) including a mold assembly ([0142] opening/closing lid 372 that covers the opening 371; See annotated Fig. 28C),
PNG
media_image1.png
192
540
media_image1.png
Greyscale
Annotated Fig. 28C shows an encircled mold assembly (lid 372) and a solid arrow pointing to a frame (housing 370)
the mold assembly configured to selectively support a handle assembly of the surgical instrument ([0142] opening 373 or a hole into which the grip portion 201 of the manual surgical instrument 200 is inserted; Examiner notes the mold assembly of lid 372 forms opening 373 as shown in Figs. 24-25);
a proximal assembly ([0142] interface portion 310) extending proximally from the frame (Figs. 24-25) and configured to selectively engage the interface [0110],
the proximal assembly including a first drive member ([0110] a fitting projection 312) for engaging a first motor of the interface ([0110] a fitting projection 312 (see FIG. 25) that fits with the fitting recess 222a (see FIG. 13) of the corresponding drive transmission member 222); and
a drive train assembly ([0112] driven unit 320) positioned at least partially within the frame and disposed in mechanical cooperation with the first drive member (Fig. 25),
the drive train assembly including a first pulley ([0128] pulleys 313) positioned on a distal portion of the first drive member (Examiner notes that Fig. 18 shows pulleys 313 being located on an one side of interface portion 310 and Fig. 25 shows first drive member 312 being disposed on the opposite side of the interface portion 310).
Ago fails to disclose the drive train assembly including a first lead screw, a second pulley positioned on the first lead screw, a first belt engaged with the first pulley and the second pulley, and a first carriage threadedly engaged with the first lead screw, wherein actuation of the first motor of the interface results in longitudinal movement of the first carriage relative to the frame.
However, Kang discloses a drive train assembly including a first pulley ([0035] motor pulley 190),
a first lead screw ([0035] lead screw 176),
a second pulley (first driven pulley 178) positioned on the first lead screw [0035],
a first belt (first belt 44) engaged with the first pulley and the second pulley [0035], and
a first carriage ([0035] lead screw assembly 38) threadedly engaged with the first lead screw (Fig. 3J),
wherein actuation of a first motor of the interface results in longitudinal movement of the first carriage relative to the frame ([0034-0035] each of the elongate structural members is coupled into a movable lead screw assembly; rotation of each motor causes rotation of the lead screw and insertion or retraction of the pertinent elongate structural member; Examiner notes that rotation of the lead screw would cause the lead screw assembly to move which also moves a respective elongate member).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the drive train assembly as taught by Ago with a drive train assembly including a first pulley, a first lead screw, a second pulley positioned on the first lead screw, a first belt engaged with the first pulley and the second pulley, and a first carriage threadedly engaged with the first lead screw, wherein actuation of the first motor of the interface results in longitudinal movement of the first carriage relative to the frame as taught by Kang. Such a modification would provide the predictable results of mechanical and acoustic damping that accompanies a belt drive interface, as well as the geometric efficiency afforded by belt drive interfaces (Kang, [0036]).
Examiner notes that as currently written, the claims do not define a proximal end and a distal end of the adapter assembly, so the proximal assembly disclosed by Ago (Fig. 25: interface portion 310 (proximal assembly), housing (frame) 372) satisfies the current claim language.
Regarding claim 2, Ago discloses wherein the proximal assembly includes a second drive member for engaging a second motor of the interface ([0110] Each of the four rotation members 311 includes a fitting projection 312 that fits with the fitting recess 222a of the corresponding drive transmission member 222 of the adapter 220; Fig. 25).
Regarding claim 3, the modified Ago discloses wherein the drive train assembly includes a third pulley ([0128] pulleys 313) positioned on a distal portion of the second drive member (Examiner notes that Fig. 18 shows pulleys 313 being located on an one side of interface portion 310 and Fig. 25 shows drive members 312 being disposed on the opposite side of the interface portion 310), but fails to disclose wherein the drive train assembly includes a second lead screw, a fourth pulley positioned on the second lead screw, a second belt engaged with the third pulley and the fourth pulley, and a second carriage threadedly engaged with the second lead screw, wherein actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the frame.
However, Kang discloses wherein the drive train assembly includes a third pulley ([0035] motor pulley, 192),
a second lead screw ([0035] lead screw 186),
a fourth pulley ([0035] driven pulley 246) positioned on the second lead screw ([0035] each driven pulley is coupled to a lead screw),
a second belt (belt 46) engaged with the third pulley and the fourth pulley ([0035] each motor pulley is coupled to a driven pulley using a belt), and
a second carriage ([0035] threaded member) threadedly engaged with the second lead screw ([0035] Each lead screw is coupled to a threaded member),
wherein actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the frame ([0034-0035] each of the elongate structural members is coupled into a movable lead screw assembly (containing the threaded member); rotation of each motor causes rotation of the lead screw and insertion or retraction of the pertinent elongate structural member; Examiner notes that rotation of the lead screw would cause the lead screw assembly to move which also moves a respective elongate member).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Ago with a second lead screw, a fourth pulley positioned on the second lead screw, a second belt engaged with the third pulley and the fourth pulley, and a second carriage threadedly engaged with the second lead screw, wherein actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the frame as taught by Kang. Such a modification would provide the predictable results of providing omnidirectional pitch/yaw as well as insertion/retraction of the surgical tool (Kang, [0035]).
Regarding claim 4, the modified Ago discloses the system of claim 3 as discussed above, but fails to disclose wherein actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the first carriage. However, Kang discloses wherein actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the first carriage ([0034-0035] each of the elongate structural members is coupled into a movable lead screw assembly (containing the threaded member); rotation of each motor causes rotation of the lead screw and insertion or retraction of the pertinent elongate structural member; Examiner notes that rotation of the lead screw would cause the lead screw assembly to move which also moves a respective elongate member; Examiner notes that each lead assembly attached to a pertinent elongate structural member move longitudinal to one another).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Ago with actuation of the second motor of the interface results in longitudinal movement of the second carriage relative to the first carriage as taught by Kang. Such a modification would provide the predictable results of providing omnidirectional pitch/yaw as well as insertion/retraction of the surgical tool (Kang, [0035]).
Regarding claim 5, Ago discloses wherein the proximal assembly includes a third drive member for engaging a third motor of the interface ([0110] Each of the four rotation members 311 includes a fitting projection 312 that fits with the fitting recess 222a of the corresponding drive transmission member 222 of the adapter 220; Fig. 25).
Allowable Subject Matter
Claims 6-9 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Examiner has not found any prior art that teaches or suggests in combination, the limitation recited in claim 6. Ago discloses a first gear ([0132] gear member 343b) positioned on a distal portion of the third drive member (Fig. 20 shows gear portion being on one side of the interface portion 310, while Fig. 25 shows driving members 312 being on the opposite side of the interface portion 310). However, Ago fails to disclose;
“a first axle extending from a portion within the frame that is proximal of the mold assembly to a location that is distal of the frame, a second gear positioned on a proximal portion of the axle and engaged with the first gear, and a third gear positioned on a distal portion of the axle” as required by claim 6.
Further modifying the system as taught by Ago with a first axle extending from a portion within the frame that is proximal of the mold assembly to a location that is distal of the frame, a second gear positioned on a proximal portion of the axle and engaged with the first gear, and a third gear positioned on a distal portion of the axle would modify the operation of the instrument adaptor 300 as taught by Ago and would amount to more than a rearrangement of parts. The instrument adaptor 300 is configured to house surgical instrument 200 (Fig. 15) which comprises switches 204, 205, and 206 that when pressed, manipulate the surgical instrument [0104-0107]. The instrument adaptor 300 further comprises driven parts 330, 340, and 350 which are configured to respectively press switches 204, 205, and 206 of surgical instrument 200 [0113]. These driven parts 330, 340, and 350 are accommodated within the frame (housing 370) [0142]. Therefore, it would not have been obvious to one having ordinary skill in the art to further modify Ago with a first axle extending from a portion within the frame that is proximal of the mold assembly to a location that is distal of the frame, a second gear positioned on a proximal portion of the axle and engaged with the first gear, and a third gear positioned on a distal portion of the axle since it would require a driven part to extend outside of the frame (housing 370) where the switches 204,205, and 206 are not located.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shelton, IV et al (US 2019/0290265) teaches a clutch clamp gear assembly which forms a locking engagement such that the rotational torque is transferred to the output shaft and ultimately to the drive tube [0309].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
Prosecution Insights