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 A, claims 1-20 in the reply filed on 06/09/2026 is acknowledged.
Accordingly, the examiner will examine and search Group A, claims 1-20.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the plane of the corresponding grasper unit" in line 11. There is insufficient antecedent basis for this limitation in the claim. This appears to correspond to a 1st, 2nd, or 3rd plane which the examiner cannot discern. Accordingly, the examiner cannot determine the metes and bounds of the presently claimed invention as defined by claim 1. Due to the importance of claim language, claim interpretation, and/or claim construction the examiner will not venture to guess what the claim is attempting to define and will await Applicant’s clarification and/or correction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Although the examiner could not determine the metes and bounds of the presently claimed invention as defined by claim 1 – with its 112 issues noted above – the following prior art references appear to be very relevant: 1) Egan (U.S. Patent Application Publication 2022/0142639); 2) Marczyk (U.S. Patent 11,096,683); and 3) Shelton (U.S. Patent Application Publication 2019/0206565).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON F ROANE/Primary Examiner, Art Unit 3792
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