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
Claims 5-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 10, 2026. Applicant asserts that claims 5-7, 14 and 17 as readable on the elected invention and species. Examiner respectfully disagrees as those claims are of a non-elected invention, particularly where claims 5-7 requires an inner rotation part that was not elected and of a different design and functionality than that of the elected species.
Applicant's election with traverse of Group I, Species 1A, claims 1, 4 and 20-24, in the reply filed on June 10, 2026 is acknowledged. The traversal is on the ground(s) that, “in view of amended claim 1, the claims are linked by a single general inventive concept”. This is not found persuasive because invention Groups I-II lack unity because even though the inventions of these groups require the technical feature of a flexible surgical robotic arm and end effector, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of JP 2018-531694.
The requirement is still deemed proper and is therefore made FINAL.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 15, 2024 has been considered by the Examiner.
Drawings
The drawings are objected to because pages 1-3, 5-9 have a “5” conspicuously placed on the page; Fig. 9 shows reference numbers 120 and 130 pointing to the wrong parts.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number 140 is not shown in Fig. 6 as described in paragraph 70 of the specification as filed; reference number 140 is not shown in Fig. 10 as described in paragraph 83 of the specification as filed; reference number 200 is not shown in Figs. 13-19 as described in paragraphs 90 and 100 of the specification as filed; reference numbers 100, 200 and 161 are not shown in Fig. 19 as described in paragraph 100 of the specification as filed.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: paragraph 101 states, “…the body 160 160…”.
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.
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, 4 and 20-24 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.
Claims 1, 22 and 23 describes a “first side of the inner rotation part” while claim 4 describes a “first end of the inner rotation part”. Claims 22 and 23 also describes a “second end of the inner rotation part” and “second side of the inner rotation part”. It is unclear if the first side at a radial position or an axial end of the inner rotation part and if the latter, how that differs from the second end or second side. It is also unclear if the second side is the same location as the second end. Please clarify.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Traina (US 2021/0290322).
Traina discloses and shows an articulation apparatus for a robotic surgical tool, the apparatus comprising:
an inner rotation (203b) part configured to be rotated by first driving power; and
an outer bending part (212, see Fig. 9) configured to be bent by second driving power different from the first driving power,
wherein the inner rotation part is disposed inside the outer bending part and rotates according to the first driving power, and
wherein the first driving power is generated by a rotation driving portion directly or indirectly connected to a first side of the inner rotation part (50, see para. 0052), whereas the second driving power is generated by traction of a wire (203a, see para. 0055) disposed in the outer bending part.
Cl. 4 – an end effector portion (300) is connected directly or indirectly by link connection to a first end of the inner rotation part (see Fig. 4).
Cl. 24 – the end effector portion is composed of a pair of grasper units, wherein a pair of operating wires respectively connected to the pair of gripper units are individually driven by a pull operation (of lead screw and associated parts, para. 0080).
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.
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Traina, as applied to claim 1, in view of Jeong et al (KR 10-2013-0025023).
Traina discloses and shows the articulation apparatus of claim 1 as described elsewhere above. Traina further includes the inner rotation part further comprising a body (see Fig. 4) capable of bending, disposed inside the outer bending part and rotated according to the first driving power. The body, however, is not made of a flexible material.
Jeong discloses and shows an articulation apparatus for a robotic surgical tool having an inner rotation part (Figs. 4, item 133) comprising a body disposed inside an outer bending part, rotated according to a first driving power, and made of a flexible material to enable bending (English translation at Example 4). Jeong’s inner rotation part body is formed of a simple, single piece capable of bending and rotation, which saves costs of materials and labor, installation and maintenance costs.
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 Traina apparatus to where the inner rotation part comprises a simple, singular body as taught by Jeong disposed inside the outer bending part, rotated according to the first driving power, and made of a flexible material to enable bending, the simple, singular body yielding a savings in materials costs and labor, installation and maintenance costs.
Cl. 21 – the body has a plurality of slits arranged alternately, wherein the plurality of slits comprises: a first slit in which an upper slit formed on an upper part of the body and a lower slit formed on a lower part of the body are arranged to face each other; and a second slit in which a left side slit formed on a left side of the body and a right side slit formed on a right side of the body are arranged to face each other, wherein the first slit and the second slit are formed alternately along a longitudinal direction of the body (Jeong, Fig. 4).
Cl. 22 – the first driving power is generated by a rotation driving portion directly or indirectly connected to a first side of the inner rotation part (Traina, 50, see para. 0052), whereas the second driving power is generated by traction of a wire (Traina, 203a, see para. 0055) disposed in the outer bending part, and an end effector portion (Traina, 300) is connected directly or indirectly by link connection to a second end of the inner rotation part (Traina, Fig. 4).
Cl. 23 – when the first side of the inner rotation part rotates due to the first driving power (Traina, 50, see para. 0052), a second side of the inner rotation part rotates together to generate a rotational force in the end effector portion (Traina, Fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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