SENSOR FOR AN ENDOVASCULAR ROBOTIC SYSTEM

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 Arguments Applicant's arguments filed on July 17, 2026 have been fully considered but they are not fully persuasive. In regard to Applicant’s arguments regarding the 112(b) rejection, these arguments have been found to be persuasive. Therefore, the previous 112(b) rejections of claims 50 and 58 are withdrawn. In regard to Applicant’s Second Argument regarding the 102(a)(1) rejection of claims 41, 46-50, and 52 Applicant states that Kincaid’s moveable member/moving carriage coupled to a wire is not the same as the member being coupled to an endovascular robotic instrument, and further states that there is no hint or disclosure in Kincaid as to the carriages being coupled to a wire configured to steer the instrument. The Examiner respectfully disagrees. As shown in the abstract – first sentence, fig. 1A &1B - 110 and 180, fig. 5A, para [0002], and para [0034]- emphasis on the following sentences: “FIG. 1B illustrates in more detail the steerable instrument 100 having an elongate flexible shaft (elongate body) commonly referred to as a sleeve or sheath; the sheet is formed of a non-steerable section 102 and a steerable section 103 made of multiple bending segments; one or more than one channels or openings extend from a proximal end to a distal end along the longitudinal axis Ax of the steerable instrument 100…..Among the openings or channels, the sheath may include one or more tool channels 105 extending along (typically inside) the wall of the sheath, and a plurality of wire conduits 104 extending along (typically within) the wall of the sheath. The one or more tool channels 105 allow access to end effectors to be delivered or located at the distal end of the steerable section 103…… Furthermore, the one or more channels 105 may be used for inserting a medical imaging device 180, such as an endoscope camera or a fiber-based imagining probe. …..Examples of fiber-based imaging probes include, but are not limited to….a spectrally encoded endoscopy (SEE) probe, an intravascular ultrasound (IVUS) probe, or an optical coherence tomography (OCT) imaging probe.” As seen in the previously stated figures and paragraphs, the movable carriage/moveable member coupled to the wire also comprises an endovascular/intravascular robotic instrument. Furthermore, in regard to Applicant’s second argument, Applicant states that figures 4, 5A, and 5B are incompatible with one another, and further states that the usage of the word “another” stated in para [0061] regarding the frictionless direct drive configuration makes it clear that the embodiment shown in fig. 4 is not compatible with the embodiment of figs. 5A-5B, and therefore the reason stated by the Examiner does not hold. The Examiner respectfully disagrees with this statement. Although para [0061] states the word “Another” at the beginning of the paragraph, this does not explicitly indicate that the configuration shown in figs. 5A-5B is incompatible with that shown in fig. 4. This is supported by para [0018] – [0019], which both state that the following figures both shows the steerable instrument referred to as the “frictionless direct drive” implementation. Furthermore, as shown in fig. 4 and figs. 5A-5B, the figures all indicate the connection between the control wires (110) within the elongated body (100), and the connection of the control wires (110) with the motor carriages (341, 342, and motor carriage of figs. 5A-5B) in order to control the elongated body, therefore making the figs. compatible and not incompatible. Moreover, as stated in para [0063], the medical instrument shown in fig. 5A is similar to that shown in figs. 1A-1B and figs. 3-4. She the following sentence from paragraph [0063]: “FIG. 5A and FIG. 5B illustrate an exemplary embodiment of the frictionless direct drive configuration implemented by an induction motor with frictionless bearings. In FIG. 5A, the steerable medical instrument 100 is similar to the structure described previously in reference to FIGS. 1A, 1B, 3 and/or 4.” Therefore, the configurations shown in the above figures are compatible. In regard to Applicant’s arguments regarding the 103 rejection of claims 42-45, and 59, Applicant has amended claim 59 in a similar manner to claim 41, and further states that Kincaid nor Shelton teach the moveable member/moveable carriage coupled to or comprising a first endovascular robotic instrument. The Examiner respectfully disagrees for the reasons stated above, as Kincaid does teach the moveable member/moveable carriage coupled to or comprising a first endovascular robotic instrument, therefore making Applicant’s following arguments regarding the amended claim limitation for claim 59 in view of Kincaid and Shelton unpersuasive. In regard to Applicant’s arguments regarding claim 60, at least for the reasons previously stated above, this argument has been found to be unpersuasive. Regarding Applicant’s arguments for newly added claim 61, Applicant states that para [0062] and para [0064] teaches away from the subject matter of newly added claim 61, due to the floating effect of the motor carriage within the air-bearing moving non-linearly. The Examiner respectfully disagrees with this assessment. As seen in newly added claim 61, a linear or non-linear movement of the moveable member/moving carriage is not a required feature indicated in the claim. As such, the arguments presented for claim 61 do not apply to the subject matter stated in newly added claim 61. Furthermore, in response to Applicant’s arguments regarding the incompatibility (which the Examiner does not concede) of embodiments 4 and 5A-5B, because figs. 4 and 5A-5B display two compatible, but separate embodiments, the following 102(a)(1) rejection has been withdrawn, and a new ground(s) of rejection have been made in view of the arguments and the claims amendments as can be further seen below. Claim Rejections - 35 USC § 103 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 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 41, 46-50, 52, and 61 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0375682 A1 to Kincaid et al. (hereinafter “Kincaid”). Regarding claim 41, Kincaid teaches: A sensor for an endovascular robotic system (see abstract- first sentence, para 0002, and para 0011 - “ a sensor (221, 231) configured to measure an amount strain or an amount of displacement of the control wire (110) ”), wherein the sensor comprises: a moveable member/moving carriage (see para [0059] – “In FIG. 4, a first control wire 110a of the steerable instrument 100 is directly connected at its proximal end thereof to a corresponding first motor 311 via a moving carriage 341, and a second control wire 110b is directly connected at is proximal end to a second motor 312 via a moving carriage 342.”), furthermore, in a related, but alternative embodiment, Kincaid teaches wherein the moveable member/moving carriage is between a first position and a second position (actively controlled mode vs. passively controlled mode – see abstract: “ In one embodiment, the steerable instrument includes an elongate body (100), a control wire (110) arranged in a channel (104) of the elongate body and displaceable along the channel to bend the elongate body; and a controller (320) to selectively control drive forces applied to the control wire (110) under an actively controlled mode and a passively controlled mode”, para [0018], para [0065], para [0093], fig. 4, fig. 5A-5B, and fig. 10B), wherein the moveable member/moving carriage is coupled to or comprises a first endovascular robotic instrument (fig. 1A &1B - 110 and 180, fig. 5A, para [0002], and para [0034]- emphasis on the following sentences: “FIG. 1B illustrates in more detail the steerable instrument 100 having an elongate flexible shaft (elongate body) commonly referred to as a sleeve or sheath; the sheet is formed of a non-steerable section 102 and a steerable section 103 made of multiple bending segments; one or more than one channels or openings extend from a proximal end to a distal end along the longitudinal axis Ax of the steerable instrument 100…..Among the openings or channels, the sheath may include one or more tool channels 105 extending along (typically inside) the wall of the sheath, and a plurality of wire conduits 104 extending along (typically within) the wall of the sheath. The one or more tool channels 105 allow access to end effectors to be delivered or located at the distal end of the steerable section 103…… Furthermore, the one or more channels 105 may be used for inserting a medical imaging device 180, such as an endoscope camera or a fiber-based imagining probe. …..Examples of fiber-based imaging probes include, but are not limited to….a spectrally encoded endoscopy (SEE) probe, an intravascular ultrasound (IVUS) probe, or an optical coherence tomography (OCT) imaging probe.”) a resilient force member/magnetic base plate (see para [0063] – “In FIG. 5A, the actuator or motor is implemented as a drive unit 1300 composed of a mover or motor carriage 1330 and a stator composed of a magnetic base plate 1360, and a top plate or guide 1310. ”) coupled to or integral to the moveable member/moving carriage (see fig. 5A and the sentence as stated from para [0063] above), wherein the resilient force member/magnetic base plate is configured to provide a resilient force (see fig. 5B – 1340, para [0063]- last three sentences, and para [0065]), when the moveable member/moving carriage is in the second position, to bias the moveable member/moving carriage towards the first position (from one position to the other/position of lesser force – see para [0064]-[0065]), and a detection unit/position sensor configured to detect a change in position of the moveable member/moving carriage from the first position to the second position and/or the second position to the first position (See para [0058] and para [0063] – “A position sensor 1331 monitors the linear movement of the motor carriage 1330, and outputs a signal Xi indicative of an amount of displacement of the motor carriage 1330 (moving carriage))”. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the embodiment shown in fig. 4 with the embodiment of figs. 5A-5B to arrive at the claimed invention, since such combination would have led to a reasonable expectation for success, due to Kincaid teaching wherein the wires are attached to the moving carriage to move from a first position to a second position, ultimately allowing for precise feedback and safer control of the medical instrument when performing the medical procedure. Regarding claim 46, Kincaid as modified teaches: the system of claim 41, wherein the resilient force/force is a nonlinear resilient force (see fig. 5B – 1320, 1330, and para [0066] – the “floating” movement indicated by the pressure and vacuum zones indicated that the vertical up and down/floating motion is occurring non-linearly), and wherein the nonlinear resilient force is configured to change nonlinearly as the moveable member moves between the first position and the second position and/or between the second position and the first position (see para [0065]-[0066]). Regarding claim 47, Kincaid as modified teaches: The sensor as claimed in claim 41, wherein the resilient force member/magnetic base plate comprises a plurality of magnets (see para [0063] - first sentence and last sentence, and annotated fig. 5B below), wherein a first magnet (N magnet in fig. 5B below) of the plurality of magnets is coupled to the moveable member/carriage (see figs. 5A-5B, 1330 and 1360 and para 0063), and wherein a second magnet of the plurality of magnets (the S magnet) is coupled to a part of the sensor different from the moveable member/carriage, and wherein the resilient force comprises a magnetic force between the first magnet and the second magnet (the permanent magnets (N,S)- see figs. 5A-5B and para 0063-0065) PNG media_image1.png 433 1449 media_image1.png Greyscale Regarding claim 48, Kincaid as modified teaches: The sensor as claimed in claim 47, wherein the plurality of magnets (see annotated fig. 5B above) are arranged such that, in a pair of magnets, the magnets repel or attract each other, and wherein the pair of magnets biases the moveable member towards the first position/direction of lesser forces (see figs. 5A-5B, para [0063] – first and last sentence, and para [0064]-[0065]). Regarding claim 49, Kincaid as modified teaches: The sensor as claimed in claim 47, wherein the moveable member is moveable in two degrees of freedom (see figs. 5A-5B and para [0063]-[0065]) – the moveable member/carriage is moveable along the horizontal and vertical direction, due to the motion from Z=0 to Z=max in the horizontal direction and due to the “floating” effect of the carriage in the air bearing due to the pre-loaded pressure and vacuum zones), wherein a first plurality of the plurality of magnets is configured to provide a change in a first directional resilient force/inductive force in relation to a first degree of freedom as the moveable member/carriage is moved between the first position and the second position and/or between the second position and the first position, and wherein a second plurality of the plurality of magnets is configured to provide a change in a second directional resilient force in relation to a second degree of freedom as the moveable member is moved between the first position and the second position and/or between the second position and the first position (see annotated figs. 5A-5B below and para 0063-0065)- the movement along the horizontal and vertical direction moves the carriage in four positions. PNG media_image2.png 597 1276 media_image2.png Greyscale Regarding claim 50, Kincaid as modified teaches: The sensor as claimed in claim 41, wherein a first portion of the resilient force member/magnetic base plate is coupled to the moveable member/carriage (see figs. 5A-5B and para [0063]-[0064]), and wherein the first portion or part of the resilient force member/magnetic base plate comprises a first elastic/flexible component (or wire) coupled to a part of the sensor different from the moveable member/carriage (See fig. 1B- 110, 210, and 310, annotated fig. 5A, para [0037]-[0038], and para [0063]-[0065]), and wherein the resilient force/inductive force comprises a mechanical resistance force between the first portion of the resilient force member/base plate and the first elastic/flexible component (or wire - see para [0063]-[0065]), wherein the moveable member/carriage is moveable in two degrees of freedom (up and down as illustrated by the arrow 1350 and springs 1320 in the air-bearing, and linearly along the control wires – see figs. 5A-5B, para [0064]-[0066]), and wherein the first portion of the resilient force member/magnetic base plate and the first elastic component/wire are configured to provide a change in a first directional resilient force in relation to a first degree of freedom (first moveable vertically within the air-bearing) as the moveable member/carriage is moved between the first position and the second position and/or between the second position and the first position ( up and down/”floating” motion, see figs. 5A-5B, and para [0064]-[0066]), wherein a second portion of the resilient force member comprises a second elastic component (see annotated fig. 3 and 5A-5B below), wherein the second portion of the resilient force member and the second elastic component are configured to provide a change in a second directional resilient force in relation to a second degree of freedom (linear motion configured to move instrument) as the moveable member/carriage is moved between the first position and the second position and/or between the second position and the first position (moved linearly when current is applied to the motor windings in order to move the bendable section of the instrument – see fig. 3, figs. 5A-5B, para [0017], para [0043], para [0056]-[0058], and para [0064]-[0065]). Although figs. 5A-5B of Kincaid show a second elastic component/control wire, fig. 3 in combination with figs. 5A-5B of Kincaid specifically show the linear movement of the wires to control the instrument. PNG media_image3.png 540 1049 media_image3.png Greyscale PNG media_image4.png 755 1657 media_image4.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings shown in fig. 3 with that of figs. 5A-5B to arrive at the claimed invention. Doing so would have led to a reasonable expectation for success, since the prior art of Kincaid shows the use of two-degree of freedom movement to allow for precise feedback control of the surgical instrument when switching from one position to another position. allowing for precise feedback and safer control of the medical instrument when performing the medical procedure. Regarding claim 52, Kincaid as modified teaches: The sensor as claimed in claim 41, further comprising an air bearing (see figs. 5A-5B and para [0063]-[0065]), wherein a third portion/part of the moveable member/base plate is arranged at least partially in the air bearing (see fig. 5B and para [0063]-[0065]), and wherein the air bearing is configured to allow the moveable member/base plate to move in a substantially frictionless manner (para [0061] and para [0063]-[0065]). Regarding claim 61, Kincaid teaches: The sensor as claimed in claim 41, wherein the resilient force (see fig. 5B-1340 and para [0065] – last three sentences) is a continuous resilient force/continuous force(s) (see para [0012]-emphasis on the following sentence: “ According to various aspects of the present disclosure, a steerable medical device is significantly improved by providing an actively-controlled passive bending mode whereby, (1) forces in the control wires are brought to zero when maximum flexibility is needed in the steerable instrument; (2) forces and displacements of the control wires can be continually monitored regardless of the control mode employed”), and wherein the continuous resilient force/continuous force is configured to change continuously as the moveable member moves between the first position and the second position and/or between the second position and the first position (between passive and/or active control mode – see para [0012] and para [0065]). Claims 42-45 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view of US 12,064,109 B2 to Shelton, IV et al. (Hereinafter “Shelton”). Regarding claim 42, Kincaid teaches the sensor as claimed in claim 41, but does not disclose wherein the detection unit comprises an optical unit comprising a light source for emitting light and a light sensor for detecting the light emitted by the light source, wherein a first portion of the moveable member is arranged, in the first and/or second position of the moveable member, in an optical path of the emitted light between the light source and the light sensor for at least partially blocking, by the first portion of the moveable member, the emitted light travelling on the optical path between the light source and the light sensor, and wherein a first amount of the emitted light which is blockable by the first portion of the moveable member in the optical path between the light source and the light sensor is different between the moveable member being in the first position and the moveable member being in the second position, respectively. However, Shelton teaches a surgical instrument configured with a drive component positioned within the shaft and a control circuit with a motor control program configured to drive a drive component (see abstract, lines 1-5). The system (figs. 7A-7B) contains a detection unit/sensing system (see fig. 7A, 1330) comprising an optical unit, which comprises a light source/light emitter for emitting light (see fig. 7A, 1331 and col. 35-36: “The sensing system 1330 comprises a plurality of light emitters 1331 oriented perpendicular to or at least substantially perpendicular to the actuation member 1320 and mounted to the hollow shaft 1310, a plurality of windows 1321 defined in the actuation member 1320 configured to allow light to pass through the actuation member 1320 and a plurality of light sensors, or receivers, 1333 configured to detect light emitted by the light emitters 1331 and mounted to the hollow shaft 1310.”), wherein a first portion of the moveable member/actuation member is arranged, in the first and/or second position of the moveable member/actuation member, in an optical path of the emitted light between the light source/light emitter and the light sensor for at least partially blocking, by the first portion/part of the moveable member/actuation member, the emitted light travelling on the optical path between the light source and the light sensor (see fig. 7A, 1320 and 1333, and col. 36, lines 6-18 – the translation of the moveable member/actuation member will effectively partially block the emitted light when in motion, causing the change in light presence detected by the windows and the light sensors), and wherein a first amount of the emitted light which is blockable by the first portion/part of the moveable member/actuator member in the optical path between the light source/light emitter and the light sensor is different between the moveable member/actuation member being in the first position and the moveable member/actuation member being in the second position, respectively (see col. 36, lines 19-37 (emphasis on the following statement): “ In at least one instance, the detection of light presence, alone, is used to determine the position of the actuation member 1320. In at least one instance, the detection of light intensity is used to determine the position of the actuation member 1320. Light intensity can be varied by arranging the plurality of windows 1321 in specific patterns where some patterns allow a first amount of light to pass through and other patterns allow a second amount of light to pass through which is different than the first amount of light.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton to arrive at the claimed invention. Such modification would improve the system by providing an accurate location and movement of the actuation member/moveable member during the procedure, ultimately allowing for a more reliability of the movement of the device in the presence of bodily fluids or debris when performing a medical procedure. Regarding claim 43, Kincaid as modified teaches: The sensor as claimed in claim 42, wherein the system comprises an LED configured to provide status of the surgical instrument (such as if the surgical instrument is in normal operations or abnormal operations – see para [0033]), and wherein the strain-gauge sensors (configured to detect/measure the compressive or tensile forces exerted on the control wire 110) can be optical based (see para [0057]), but does not explicitly disclose wherein, the sensor is configured to determine that the moveable member is in the first position and/or the second position based on a second amount of the emitted light, sensed by the light sensor, not blockable by the first portion of the moveable member in the optical path between the light source and the light sensor when the moveable member is in the first position and/or second position . However, Shelton teaches wherein the sensor is configured to determine that the moveable member/actuation member is in the first position and/or the second position based on a second amount of the emitted light, sensed by the light sensor, not blockable by the first portion of the moveable member/actuation member in the optical path (sensed by the windows) between the light source/light emitter and the light sensor when the moveable member/actuation member is in the first position and/or second position (see col. 36, lines 6-36 – the light sensors in a first and/or second position contain light sensors (1333) configured to detect an amount of light through the windows in specific patterns, therefore the light sensors detect light not blockable by the first portion of the moveable member in the optical path between the light emitter and light sensor when the actuation member is in the first and/or second position). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton to arrive at the claimed invention. Such modification would improve the system by providing an accurate location and movement of the actuation member/moveable member during the procedure, ultimately allowing for more reliability when evaluating the movement of the device in the presence of bodily fluids or debris when performing a medical/surgical procedure. Regarding claim 44, Kincaid as modified teaches: The sensor as claimed in claim 43, wherein a force sensor is used to detect the compressive or tensile force exerted on the control wire (see para [0057]-[0058], and para [0076]), and wherein the magnitude of resilient force (through the resilient force member/magnetic base plate) is measured based on the position sensor/detection unit (see fig. 5A-1331, para [0063] – “In FIG. 5A, the actuator or motor is implemented as a drive unit 1300 composed of a mover or motor carriage 1330 and a stator composed of a magnetic base plate 1360, and a top plate or guide 1310. ”, see fig. 5B – 1340, para [0051], para [0058], para [0063]- last three sentences, and para [0065]), but does not disclose wherein the sensor is configured to determine a resilient force based on the second amount of the emitted light sensed by the light sensor. However, Shelton teaches wherein the sensor is configured to determine that the moveable member/actuation member (also referred to as a firing member) is in the first position and/or the second position based on a second amount of the emitted light, sensed by the light sensor, not blockable by the first portion of the moveable member/actuation member in the optical path (sensed by the windows) between the light source/light emitter and the light sensor when the moveable member/actuation member is in the first position and/or second position (see col. 36, lines 6-36 – the light sensors in a first and/or second position contain light sensors (1333) configured to detect an amount of light through the windows in specific patterns, therefore the light sensors detect light not blockable by the first portion of the moveable member in the optical path between the light emitter and light sensor when the actuation member is in the first and/or second position). Furthermore, following the moment of the actuation member, the control signal can monitor the signal to determine the exact position of the actuation member/firing member. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of force and detection/position system of Kincaid with the light detection system of Shelton to arrive at the claimed invention. Such modification would improve the system by allowing the system to seamlessly switch control modes of the surgical device and providing an accurate location and movement of the actuation member/moveable member during the procedure, ultimately allowing for more reliability when evaluating the movement of the device in the presence of bodily fluids or debris when performing a medical/surgical procedure. Regarding claim 45, Kincaid as modified teaches: The sensor as claimed in claim 42, but does not explicitly disclose wherein the sensor is configured to determine that the moveable member is in a first transition between the first position and the second position and/or a second transition between the second position and the first position based on a change of a said amount of the emitted light not blockable by the first portion of the moveable member in the optical path between the light source and the light sensor. However, Shelton teaches wherein the sensor is configured to determine that the moveable member/actuation member is in a first transition between first position and the second position and/or a second transition between the second position and the first position based on a change of a said amount of the emitted light not blockable by the first portion of the moveable member/ actuation member (dictated by the amount of light change caused by the windows 1321) in the optical path between the light source and the light sensor. (see col. 36, lines 6-36: “The light sensors in a first and/or second position contain light sensors (1333) configured to detect an amount of light through the windows in specific patterns, therefore the light sensors detect light not blockable by the first portion of the moveable member in the optical path between the light emitter and light sensor when the actuation member is in the first and/or second position….. Light intensity can be varied by arranging the plurality of windows 1321 in specific patterns where some patterns allow a first amount of light to pass through and other patterns allow a second amount of light to pass through which is different than the first amount of light). Since the actuation member/movable member (also referred to as a firing member) continuously moves linearly in order for the actuation member to be positioned in the proximal-most and distal-most position longitudinally along the shaft, the sensor is configured to sense the moveable member/actuation member in a first and/or second transition between the first and/or second position based on the change of light not blockable by the actuation member in the optical path until it reaches the distal-most and proximal-most position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton to arrive at the claimed invention. Such modification would improve the system by providing an accurate location and movement of the actuation member/moveable member during the procedure, ultimately allowing for more reliability when evaluating the movement of the device in the presence of bodily fluids or debris when performing a medical/surgical procedure. Regarding claim 59, Kincaid as modified teaches: A sensor for an endovascular robotic system, wherein the sensor comprises: a moveable member/carriage moveable between a first position and a second position (see abstract), wherein the moveable member/moving carriage is coupled to or comprises a first endovascular robotic instrument (fig. 1A &1B - 110 and 180, fig. 5A, para [0002], and para [0034]- emphasis on the following sentences: “FIG. 1B illustrates in more detail the steerable instrument 100 having an elongate flexible shaft (elongate body) commonly referred to as a sleeve or sheath; the sheet is formed of a non-steerable section 102 and a steerable section 103 made of multiple bending segments; one or more than one channels or openings extend from a proximal end to a distal end along the longitudinal axis Ax of the steerable instrument 100…..Among the openings or channels, the sheath may include one or more tool channels 105 extending along (typically inside) the wall of the sheath, and a plurality of wire conduits 104 extending along (typically within) the wall of the sheath. The one or more tool channels 105 allow access to end effectors to be delivered or located at the distal end of the steerable section 103…… Furthermore, the one or more channels 105 may be used for inserting a medical imaging device 180, such as an endoscope camera or a fiber-based imagining probe. …..Examples of fiber-based imaging probes include, but are not limited to….a spectrally encoded endoscopy (SEE) probe, an intravascular ultrasound (IVUS) probe, or an optical coherence tomography (OCT) imaging probe.”), but does not disclose wherein, and an optical unit comprising a light source for emitting light and a light sensor for detecting the light emitted by the light source, wherein a portion of the moveable member is arranged, in the first and/or second position of the moveable member, in an optical path of the emitted light between the light source and the light sensor for at least partially blocking, by the portion of the moveable member, the emitted light travelling on the optical path between the light source and the light sensor, and wherein a first amount of the emitted light which is blockable by the portion of the moveable member in the optical path between the light source and the light sensor is different between the moveable member being in the first position and the moveable member being in the second position, respectively, and wherein the light sensor is configured to determine that the moveable member is in the first position and/or the second position based on a second amount of the emitted light, sensed by the light sensor, not blockable by the portion of the moveable member in the optical path when the moveable member is in the first position and/or second position. However, Shelton teaches a surgical instrument configured with a drive component positioned within the shaft and a control circuit with a motor control program configured to drive a drive component (see abstract, lines 1-5). The system (figs. 7A-7B) contains a detection unit/sensing system (see fig. 7A, 1330) comprising an optical unit, which comprises a light source/light emitter for emitting light (see fig. 7A, 1331 and col. 35-36: “The sensing system 1330 comprises a plurality of light emitters 1331 oriented perpendicular to or at least substantially perpendicular to the actuation member 1320 and mounted to the hollow shaft 1310, a plurality of windows 1321 defined in the actuation member 1320 configured to allow light to pass through the actuation member 1320 and a plurality of light sensors, or receivers, 1333 configured to detect light emitted by the light emitters 1331 and mounted to the hollow shaft 1310.”), wherein a first portion of the moveable member/actuation member is arranged, in the first and/or second position of the moveable member/actuation member, in an optical path of the emitted light between the light source/light emitter and the light sensor for at least partially blocking, by the first portion/part of the moveable member/actuation member, the emitted light travelling on the optical path between the light source and the light sensor (see fig. 7A, 1320 and 1333, and col. 36, lines 6-18 – the translation of the moveable member/actuation member will effectively partially block the emitted light when in motion, causing the change in light presence detected by the windows and the light sensors), and wherein a first amount of the emitted light which is blockable by the first portion/part of the moveable member/actuator member in the optical path between the light source/light emitter and the light sensor is different between the moveable member/actuation member being in the first position and the moveable member/actuation member being in the second position, respectively (see col. 36, lines 19-37 (emphasis on the following statement): “ In at least one instance, the detection of light presence, alone, is used to determine the position of the actuation member 1320. In at least one instance, the detection of light intensity is used to determine the position of the actuation member 1320. Light intensity can be varied by arranging the plurality of windows 1321 in specific patterns where some patterns allow a first amount of light to pass through and other patterns allow a second amount of light to pass through which is different than the first amount of light.”), and wherein, the sensor is configured to determine that the moveable member/actuation member is in the first position and/or the second position based on a second amount of the emitted light, sensed by the light sensor, not blockable by the first portion of the moveable member/actuation member in the optical path (sensed by the windows) between the light source/light emitter and the light sensor when the moveable member/actuation member is in the first position and/or second position (see col. 36, lines 6-36 – the light sensors in a first and/or second position contain light sensors (1333) configured to detect an amount of light through the windows in specific patterns, therefore the light sensors detect light not blockable by the first portion of the moveable member in the optical path between the light emitter and light sensor when the actuation member is in the first and/or second position). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton to arrive at the claimed invention. Such modification would improve the system by providing an accurate location and movement of the actuation member/moveable member during the procedure, ultimately allowing for more reliability when evaluating the movement of the device in the presence of bodily fluids or debris when performing a medical/surgical procedure. Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view Shelton, and further in view of US 2020/0237191 A1 to Penny et al. (hereinafter “Penny”). Regarding claim 51, Kincaid as modified teaches: The sensor as claimed in claim 41 containing a movable member/base plate (fig. 5A-5B, 1360), but does not explicitly disclose wherein a second portion/part of the moveable member/base plate is arranged within an oscillation dampening pool, wherein the oscillation dampening pool is configured to provide oscillation dampening to the moveable member. However, Penny teaches a endoscopy apparatus containing an elongated member, an insertion shaft, and a surgical tool (see abstract). The system (figs. 2 and 12) teach wherein a portion/part of the moveable member/connector is arranged within (coupled to) an oscillation dampening pool/fluid, wherein the oscillation dampening pool is configured to provide oscillation dampening to the moveable member/connector (see fig. 12, 1216 and 1222, para [0146]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base plate of Kincaid with the dampening system of Penny to arrive at the claimed invention . Such modification would improve the system by dampening unwanted oscillations of the moveable member, ultimately providing more reliability of the movement intended when operating the device. Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view of US 2018/0214218 A1 to Overmyer et al. (Hereinafter Overmyer). Regarding claim 53, Kincaid as modified teaches: The sensor as claimed in claim 41, but does not teach further comprising a zero positioning unit, wherein the zero positioning unit comprises a positioning sensor, a positioning flag, and an indicator configured to indicate that the sensor is in a zero position, wherein the moveable member does not encounter a net force in the zero position. However, Overmyer teaches methods and devices for measuring the rotational position of an elongated shaft for surgical tools (see abstract). The system (figs. 4-5) teaches where the system comprises a zero positioning unit, wherein the zero positioning unit comprises a positioning sensor, a positioning flag/stop, and an indicator configured to indicate that the sensor is in a zero position (see figs. 4-5, para [0032]-[0034]), wherein the moveable member (see annotated figs. 4-5 below) does not encounter a net force in the zero position (unrotated position of the shaft/moveable member – see annotated figs. 4-5 below, para [0008], para [0029], and para [0032]-[0034]). PNG media_image5.png 834 1732 media_image5.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the teachings of Overmyer to arrive at the claimed invention. Such modification would improve the system by ensuring the moveable member is in an unbiased or resting position prior to switching between a first and/or second position, ultimately preventing an injury from occurring to the patient during the surgical procedure. Claims 54 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view of Shelton, and Further in view of WO 2021/151502 A1 to Baltrunas et al. (hereinafter “Baltrunas”). Regarding claim 54, Kincaid as modified teaches: The sensor as claimed in claim 41, but does not explicitly disclose wherein, the detection unit comprises an optical unit comprising a light source for emitting light and a light sensor for detecting the light emitted by the light source, wherein a first portion of the moveable member is arranged, in the first and/or second position of the moveable member, in an optical path of the emitted light between the light source and the light sensor for at least partially blocking, by the first portion of the moveable member, the emitted light travelling on the optical path between the light source and the light sensor, wherein a first amount of the emitted light which is blockable by the first portion of the moveable member in the optical path between the light source and the light sensor is different between the moveable member being in the first position and the moveable member being in the second position, respectively, and, wherein the sensor is configured to transmit data relating to sensed light stemming from the light source to a receiver, but does not and wherein the external receiver is comprised in a second endovascular robotic instrument controllable based on the received data. However, Shelton teaches a surgical instrument configured with a drive component positioned within the shaft and a control circuit with a motor control program configured to drive a drive component (see abstract, lines 1-5). The system (figs. 7A-7B) contains a detection unit/sensing system (see fig. 7A, 1330) comprising an optical unit, which comprises a light source/light emitter for emitting light (see fig. 7A, 1331 and col. 35-36: “The sensing system 1330 comprises a plurality of light emitters 1331 oriented perpendicular to or at least substantially perpendicular to the actuation member 1320 and mounted to the hollow shaft 1310, a plurality of windows 1321 defined in the actuation member 1320 configured to allow light to pass through the actuation member 1320 and a plurality of light sensors, or receivers, 1333 configured to detect light emitted by the light emitters 1331 and mounted to the hollow shaft 1310.”), wherein a first portion of the moveable member/actuation member is arranged, in the first and/or second position of the moveable member/actuation member, in an optical path of the emitted light between the light source/light emitter and the light sensor for at least partially blocking, by the first portion/part of the moveable member/actuation member, the emitted light travelling on the optical path between the light source and the light sensor (see fig. 7A, 1320 and 1333, and col. 36, lines 6-18 – the translation of the moveable member/actuation member will effectively partially block the emitted light when in motion, causing the change in light presence detected by the windows and the light sensors), and wherein a first amount of the emitted light which is blockable by the first portion/part of the moveable member/actuator member in the optical path between the light source/light emitter and the light sensor is different between the moveable member/actuation member being in the first position and the moveable member/actuation member being in the second position, respectively (see col. 36, lines 19-37 (emphasis on the following statement): “ In at least one instance, the detection of light presence, alone, is used to determine the position of the actuation member 1320. In at least one instance, the detection of light intensity is used to determine the position of the actuation member 1320. Light intensity can be varied by arranging the plurality of windows 1321 in specific patterns where some patterns allow a first amount of light to pass through and other patterns allow a second amount of light to pass through which is different than the first amount of light.”), wherein the sensor is configured to transmit data relating to sensed light stemming from the light source to a receiver (see col. 35, lines 57-67 and col. 36, lines 1-5), but Kincaid nor Shelton disclose wherein the external receiver is comprised in a second endovascular robotic instrument controllable based on the received data. However, Baltrunas teaches an endovascular robotic system comprising two endovascular robotic instruments coupled together (see abstract). The system (fig. 3) teaches wherein an external receiver/transceiver is comprised in a second endovascular robotic instrument controllable based on the received data from the first robotic instrument (see page 4 lines 6-10, page 5, lines 20-28, page 15, lines 21-26). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton and the system of Baltrunas to arrive at the claimed invention. Such modification would improve the system by providing more precise control of the surgical robotic instruments when performing the surgical procedure, ultimately preserving patient safety when performing the surgical procedure. Regarding claim 56, Kincaid as modified teaches: The sensor as claimed in claim 54, but does not disclose wherein: the second endovascular robotic instrument is identical or substantially identical to the first endovascular robotic instrument , and/or (ii) wherein a function of the second endovascular robotic instrument is identical to a function of the first endovascular robotic instrument. However, Baltrunas teaches wherein: the second endovascular robotic instrument is identical or substantially identical to the first endovascular robotic instrument (see annotated fig. 3 below and page 14, lines 32-37). PNG media_image6.png 617 1315 media_image6.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton and the system of Baltrunas to arrive at the claimed invention. Such modification would improve the system by providing more precise control of the surgical robotic instruments when performing the surgical procedure, ultimately preserving patient safety when performing the surgical procedure. Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view of Shelton and Baltrunas, and further in view of US 2021/0196269 A1 to Shelton, IV et al. (hereinafter “Shelton’269”). Regarding claim 55, Kincaid as modified teaches: The sensor as claimed in claim 54, but does not explicitly disclose wherein the sensor comprises an external receiver, further comprising a slip ring, wherein the slip ring is configured to allow for substantially continuous transmission of data corresponding to the sensed light to the external receiver. Shelton’269 teaches a surgical instrument comprising a sensing circuit used to control the system in response to data transmitted from the sensing circuit (see abstract). The system (figs. 1-2, fig. 7A-7B, and fig. 28) teaches wherein the sensor comprises a receiver (see para [0550] and para [0639]), further comprising a slip ring/slip rings (see annotated figs. 59-61 below and para [0669]-[0670]), wherein the slip ring is configured to allow for substantially continuous transmission of data corresponding to the sensed light to the receiver (see para [0004], para [0010]-[0011], para [0537]-[0539], para [0550]-[0554], para [0668]-[0670], and para [0948]). The slip ring allows for continuous transmission of data to determine the proper orientation of the shaft assembly relative to the attachment interface, which is connected to the optical system in figs. 7A-7B, which use the optical waveguide, light emitters, and receivers to determine the position of the actuation member/firing member located in the shaft assembly. PNG media_image7.png 510 1214 media_image7.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton’269 to arrive at the claimed invention. Such modification would improve the system by providing more precise control of the surgical robotic instruments when performing the surgical procedure, ultimately preserving patient safety when performing the surgical procedure. Claims 57 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Kincaid in view of Shelton’269. Regarding claim 57, Kincaid as 1modified teaches: The sensor as claimed in claim 41, wherein one or more strain sensor can be hall effect based sensors that can be used to switch the device from passive control mode to active control mode (see para [0057]), but does not explicitly disclose wherein: the detection unit comprises a magnetic field measurement unit configured to detect a change in a magnetic field, wherein in the first and/or second position of the moveable member, a characteristic of the magnetic field is detectable by the magnetic field measurement unit, and wherein the characteristic of the magnetic field detectable by the magnetic field measurement unit is a first value when the moveable member is in the first position and a second value when the moveable member is in the second position, wherein the first value is different from the second value. However, Shelton’269 teaches wherein, the detection unit/sensing system (see fig. 8, 1430 and para [0555]) comprises a magnetic field measurement unit/ hall effect sensor(s) (see fig. 8, 1431 and 1433, and para [0555]) configured to detect a change in a magnetic field (see para [0555]), wherein in the first and/or second position of the moveable member/actuation member, a characteristic (such as a disturbance or voltage value) of the magnetic field is detectable by the magnetic field measurement unit/hall effect sensors (see figs. 8-12, para [0014] and para [0555]-[0557]), and wherein the characteristic/disturbance of the magnetic field detectable by the magnetic field measurement unit/hall effect sensors is a first value (greater disturbance reading when the magnet 1435 is closer to hall effect sensor 1431 and vice versa for hall effect sensor 1433) when the moveable member is in the first position and a second value (disturbance reading) when the moveable member/actuation member is in the second position, wherein the first value is different from the second value (see para [0556]-[0057]). If the magnet is closer to first hall effect sensor (1431), the disturbance value may be higher than the disturbance value of the second hall effect sensor, and based off the voltage reading of one or more of the sensors, a determination of the actuation member’s position is determined. If one or both of these values are above the expected value reading, the control system can modify or correct the motion of the actuation member. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton’269 to arrive at the claimed invention. Such modification would improve the system by providing more precise control of the surgical robotic instruments when performing the surgical procedure, ultimately preserving patient safety when performing the surgical procedure. Regarding claim 60, Kincaid as modified teaches: A sensor for an endovascular robotic system (see abstract- first sentence, para 0002, and para 0011 - “ a sensor (221, 231) configured to measure an amount strain or an amount of displacement of the control wire (110) ”), wherein the sensor comprises: a moveable member/moving carriage (see para [0059] – “In FIG. 4, a first control wire 110a of the steerable instrument 100 is directly connected at its proximal end thereof to a corresponding first motor 311 via a moving carriage 341, and a second control wire 110b is directly connected at is proximal end to a second motor 312 via a moving carriage 342.”), moveable between a first position and a second position (actively controlled mode vs. passively controlled mode – see abstract: “ In one embodiment, the steerable instrument includes an elongate body (100), a control wire (110) arranged in a channel (104) of the elongate body and displaceable along the channel to bend the elongate body; and a controller (320) to selectively control drive forces applied to the control wire (110) under an actively controlled mode and a passively controlled mode”, para [0018], para [0065], para [0093], fig. 4, fig. 5A-5B, and fig. 10B), wherein the moveable member/moving carriage is coupled to or comprises a first endovascular robotic instrument (fig. 1A &1B - 110 and 180, fig. 5A, para [0002], and para [0034]- emphasis on the following sentences: “FIG. 1B illustrates in more detail the steerable instrument 100 having an elongate flexible shaft (elongate body) commonly referred to as a sleeve or sheath; the sheet is formed of a non-steerable section 102 and a steerable section 103 made of multiple bending segments; one or more than one channels or openings extend from a proximal end to a distal end along the longitudinal axis Ax of the steerable instrument 100…..Among the openings or channels, the sheath may include one or more tool channels 105 extending along (typically inside) the wall of the sheath, and a plurality of wire conduits 104 extending along (typically within) the wall of the sheath. The one or more tool channels 105 allow access to end effectors to be delivered or located at the distal end of the steerable section 103…… Furthermore, the one or more channels 105 may be used for inserting a medical imaging device 180, such as an endoscope camera or a fiber-based imagining probe. …..Examples of fiber-based imaging probes include, but are not limited to….a spectrally encoded endoscopy (SEE) probe, an intravascular ultrasound (IVUS) probe, or an optical coherence tomography (OCT) imaging probe.”), but does not explicitly disclose wherein a magnetic field measurement unit comprising a first magnet, wherein the magnetic field measurement unit is configured to detect a change in a magnetic field, wherein in the first and/or second position of the moveable member, a characteristic of the magnetic field is detectable by the magnetic field measurement unit, wherein the characteristic of the magnetic field detectable by the magnetic field measurement unit is a first value when the moveable member is in the first position and a second value when the moveable member is in the second position, wherein the first value is different from the second value, and wherein the sensor is configured to determine that the moveable member is in the first position and/or the second position based on the characteristic detectable by the magnetic field measurement unit when the moveable member is in the first position and/or second position. However, Shelton’269 teaches wherein, the detection unit/sensing system (see fig. 8, 1430 and para [0555]) comprises a magnetic field measurement unit (see fig. 8, 1431 and 1433, and para [0555]) configured to detect a change in a magnetic field (see para [0555]), wherein a magnetic field measurement unit comprising a first magnet (see fig. 8, 1435 and para [0555]) wherein in the first and/or second position of the moveable member/actuation member, a characteristic (such as a disturbance or voltage value) of the magnetic field is detectable by the magnetic field measurement unit/hall effect sensors (see figs. 8-12, para [0014] and para [0555]-[0557]), and wherein the characteristic/disturbance of the magnetic field detectable by the magnetic field measurement unit/hall effect sensors is a first value (greater disturbance reading when the magnet 1435 is closer to hall effect sensor 1431 and vice versa for hall effect sensor 1433) when the moveable member is in the first position and a second value (disturbance reading) when the moveable member/actuation member is in the second position, wherein the first value is different from the second value (see para [0556]-[0057]). If the magnet is closer to first hall effect sensor (1431), the disturbance value may be higher than the disturbance value of the second hall effect sensor, and based off the voltage reading of one or more of the sensors, a determination of the actuation member’s position is determined. If one or both of these values are above the expected value reading, the control system can modify or correct the motion of the actuation member. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kincaid with the light detection system of Shelton’269 to arrive at the claimed invention. Such modification would improve the system by providing more precise control of the surgical robotic instruments when performing the surgical procedure, ultimately preserving patient safety when performing the surgical procedure. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gafford et al. (US 2017/0360279 A1) teaches a light-intensity force sensor configured to be coupled to the distal end of an endoscopic to provide haptic feedback to the user (see abstract). Weir et al. (US 2008/0073163 A1) teaches a micro-electromechanical device that includes a frame, a moveable member, and a braking system provided to inhibit non-linear moment of the moveable member relative to the frame. THIS ACTION IS MADE FINAL. 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 KARMEL J WEBSTER whose telephone number is (703)756-5960. The examiner can normally be reached Monday-Friday 7:30am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /K.J.W./Examiner, Art Unit 3792 /NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792