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 .
Response to Amendment
The amendments filed on 03/18/2026 are entered. Claims 37-40, 42-44, and 57-69 remain pending in the application. The amendments cancel every claim drawn to non-elected Group II and II. Therefore, the restriction requirement of 11/21/2025 is hereby withdrawn.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 03/18/2026, with respect to the rejection(s) of claim(s) 37 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of an alternative interpretation of Shelton.
Allowable Subject Matter
Claims 58-61 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.
Claims 62-69 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 58, the prior art of record fails to teach or render obvious the tool-drive-side coupling gear portion including a second engagement portion positioned circumferentially between the first non-engagement portion and a second non-engagement portion and a second tool drive member is engaged with the second engagement portion in the second state and positioned adjacent to the second non-engagement portion in the first state. Regarding claims 59, the prior art of record fails to teach or render obvious a chassis including a first end stop and a second end stop; the manual drive coupling member includes a first stop protrusion and a second stop protrusion; the first stop protrusion is positioned to contact the first end stop; the second stop protrusion is positioned to contact the second end stop; and a circumferential distance between the first stop protrusion and the second stop protrusion and the positioning of the first end stop and the second end stop defines an angular range of motion of the manual drive coupling member.
The following is an examiner’s statement of reasons for allowance: Regarding claim 62, the prior art of record fails to teach or render obvious a manual drive coupling member rotatable between a first rotational position corresponding to a first state and a second rotational position corresponding to a second state about a second rotational axis, the second rotational axis being parallel to and offset from the first rotational axis, wherein the manual drive input member is operably coupled to a capstan of the medical device in the second state and operably decoupled from the capstan in the first state, in combination with the remaining limitations of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claim(s) 37-40, 42, 43, 44 and 57 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shelton IV et al. (US 2023/0045998).
Regarding claim 37, Shelton IV et al. discloses a medical device (110, FIG 4, [0040], which includes assembly 310, FIG 12, [0059], specifically the embodiment 620, FIG 20-22, [0107]. It is understood from [0107] that manual drive wheel 620 as described in [0107-0114] usable in the same embodiment with 310 of FIG 12, as described in [0059-0072]), comprising: a manual drive structure (Elements of FIG 20-22) including a manual drive input member (knob of 620), a manual drive input gear (322, FIG 12, [0063-0064, 0107]) extending distally from the manual drive input member (FIG 12), and a manual drive coupling member (686 and 682, [0108-0109]. Structural equivalent of engageable teeth); and a tool drive member (Elements of 310 apart from 320/322/314, including 312, 330, 332, 336, 338, 339, 340, 342, FIG 12, [0059-0066]. Structural equivalent having capstan, pulleys, and tension members) including a motor drive input member (312, [0060]), wherein: the manual drive coupling member is selectively adjustable between a first state (FIG 20) that is substantially free of engagement between the manual drive input member and the tool drive member ([0112], 686 is disengaged from 682 and therefore is disengaged from the tool drive member. “With wheel lock (686) disengaged from drive lock (682), manual drive wheel (620) may rotate freely without transmitting rotation to any other portion of bailout mechanism (310, 410)”) and a second state (FIG 22) in which the manual drive input member and the tool drive member are operably coupled (0113-0114]), and the manual input gear is meshed with a manual drive-side coupling gear portion (314) of the manual drive coupling member in both the first state and the second state (314 and 322 are gears which remain meshed regardless of the state of the wheel lock).
Regarding claim 38, Shelton IV et al. discloses the manual drive input member is rotatably movable with the movement resulting in adjustment between the first state and the second state (FIG 22, [0113], rotation of 620 is a component of adjusting between the first state and the second state. At least some degree of rotation of 620 is required in order to align the features of 686 with the complementary features of 682, whereby completing the adjustment to the second state).
Regarding claim 39, Shelton IV et al. discloses manual drive coupling member includes a tool drive side coupling gear portion (686); in the second state, the tool drive side coupling gear portion is engaged with the tool drive member (686 engages 682 and therefore is engaged with the tool drive member); and in the first state, the tool drive side coupling gear portion is disengaged from the tool drive member (because 686 is not in contact with 682 and therefore does not transfer the rotation).
Regarding claim 40, Shelton IV et al. discloses the tool-drive-side coupling gear portion includes an engagement portion (the teeth projecting from the knob, FIG 21) and a non-engagement portion (The rim of material between the teeth and the top surface of the knob, FIG 21); and the tool drive member is engaged with the engagement portion in the second state (Because the teeth of 682 fit lock into the corresponding keyed shape of the teeth 686) and positioned adjacent to the non-engagement portion in the first state (Spaced apart by the teeth of 686, the two elements are adjacent but not in direct contact).
Regarding claim 42, Shelton IV et al. discloses the tool-drive-side coupling gear portion includes teeth along the engagement portion (The surface which engages with 682 has the teeth) and no teeth along the non-engagement portion (the potion which connects to the knob has no teeth); and the manual-drive-side coupling gear portion (314) includes a plurality of teeth distributed equidistantly along a circumference of the manual-drive-side coupling gear portion (FIG 12, each of the notches of the gear are interpreted as teeth and they emend equidistant along the circumference)
Regarding claim 43, Shelton IV et al. discloses the manual drive coupling member is biased to return to the first state on condition that a user is not applying a manual force to the manual drive input member (spring 684 biases to the first state which is free of engagement, [0111-0113]).
Regarding claim 44, Shelton IV et al. discloses the medical device further comprises a
chassis (112, [0041], FIG 5) and a housing (Not number, housing shown in FIG 22); the manual drive
input member, the manual drive coupling member, the tool drive member, and the housing are supported by the chassis (FIG 5); and the manual drive input member extends external to the housing such that the manual drive input member provides a manual interface allowing a user to actuate the tool drive member (FIG 22 shows 620 is positioned outside of the housing such that the user can access the knob in order to actuate the device) on a condition that the manual drive coupling member is rotated to the second state (only in the second, engaged state can the manual drive input be used to actuate the tool drive member).
Regarding claim 57, Shelton IV et al. discloses the non-engagement portion extends along an arc in a range of 15 degrees to 45 degrees (One could select a ‘portion’ of the element which fits into the claimed range).
Conclusion
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 BROOKE N LABRANCHE whose telephone number is (571)272-9775. The examiner can normally be reached M-F 8-5.
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, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
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