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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of the South Korean parent Application No. KR10-2021-0156232 (filed on 11/15/2021) and KR10-2022-0151534 (filed on 11/14/2022), was received with the present application.
Drawings
Figure 5 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see also paragraphs 2 and 23). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters which are not mentioned in the description: 16 (in figure 5), 430 (in figures 6 and 10), 80 (in figure 12), and 90 (in figure 13). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 that requires appropriate corrections:
In paragraph 104, line 1-2, the phrase “a wire tension compensatory adjustment device 70” should read -- a wire tension compensatory adjustment device 80 --.
In paragraph 109, line 1-2, the phrase “a wire tension compensatory adjustment device 70” should read -- a wire tension compensatory adjustment device 90 --.
Claim Objections
Claims 1-3, 7-9, 11, and 13 are objected to because of the following informalities that requires appropriate corrections:
In claim 1, line 11, the limitation “a shaft” should read -- at least one shaft --. (since the dependent claim 9 recites the claimed invention comprising a plurality of shafts that includes a first shaft and a second shaft, examiner suggest amending claim 1 limitations in this manner to improve the overall clarity and comprehensibility of the subsequent claim 9).
In claim 1, line 14, the limitation “a preload-adjusting part” should read -- at least one preload-adjusting part --. (since the dependent claim 7 recites the claimed invention comprising a plurality of preload-adjusting parts that includes a first preload-adjusting part and a second preload-adjusting part, examiner suggest amending claim 1 limitations in this manner to improve the overall clarity and comprehensibility of the subsequent claim 7).
In claim 2, line 1, the limitation “the preload-adjusting part” should read -- the at least one preload-adjusting part --.
In claim 3, line 1, the limitation “the preload-adjusting part” should read -- the at least one preload-adjusting part --.
In claim 7, line 1, the limitation “the preload-adjusting part” should read -- the at least one preload-adjusting part --.
In claim 8, line 2, the limitation “a motor…to the shaft” should read -- at least one motor…to the at least one shaft --. (since the dependent claim 9 recites the claimed invention comprising a plurality of motors that includes a first motor and a second motor, examiner suggest amending claim 8 limitations in this manner to improve the overall clarity and comprehensibility of the subsequent claim 9).
In claim 9, line 1, the limitation “wherein the motor” should read -- wherein the at least one motor --.
In claim 11, line 1, the limitation “wherein the shaft” should read -- wherein the at least one shaft --.
Examiner suggest rewriting claim 13 in the following manner to improve the overall clarity and readability of said claim: -- The device of claim 1, wherein one of the first wire reel part and the second wire reel part has threads and grooves formed therein to wind the driving wire, and other one the first wire reel part and the second wire reel part has threads and grooves formed therein to unwind the driving wire --.
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)(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.
(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.
Claims 1-2, 7-9, 11-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prisco (U.S. PGPUB 2010/0082041 A1).
In regards to claim 1, Prisco teach (Figures 2A-2B) a wire tension compensatory adjustment device (tendons 221/222/223/224 and the backend mechanism 230 of the surgical instrument 200) comprising: a driving wire (tendons 221 and 222) that includes a first driving wire (tendon 221) having a first end (end of the tendon 221 that is attached to the linear coiled spring 235) thereof and a second driving wire (tendon 222) having a second end (end of the tendon 222 that is attached to the linear coiled spring 236) thereof, wherein the first driving wire (tendon 221) and the second driving wire (tendon 222) being formed integrally (as disclosed in paragraph 0022, the tendons 221 and 222 may be portions of a continuous tendon having a point that is attached to jaw 212); a first wire reel part (capstan 231) that is capable of winding or unwinding the first driving wire (tendon 221); a second wire reel part (capstan 23) that is capable of winding or unwinding the second driving wire (tendon 222); at least one shaft (output shaft of the drive motor coupled to capstan 231, and output shaft of the drive motor 242 coupled to capstan 232) being connected to the first wire reel part (capstan 231) and the second wire reel part (capstan 232) for rotating the first wire reel part (capstan 231) and the second wire reel part (capstan 232); and at least one preload-adjusting part (linear coiled springs 235 and 236) configured to apply a preload to the driving wire (tendons 221 and 222) for preventing slack of the driving wire (tendons 221 and 222) and for maintaining the tension of the driving wire (tendons 221 and 222) (see also paragraphs 0021-0030 and 0033-0034).
In regards to claim 2, Prisco teach all intervening claim limitations as shown above. Prisco further teach (Figures 2A-2B), the at least one preload-adjusting part (linear coiled springs 235 and 236) operating in a passive manner (since the linear coiled springs 235 and 236 are configured to continuously apply a basing force onto each corresponding tendon 221 and 222, it is evident that said linear coiled springs 235 and 236 preloads said tendon 221 and 222 in a passive manner).
In regards to claims 7-9 and 11, Prisco teach all intervening claim limitations as shown above. Prisco further teach (Figures 2A-2B), the at least one preload-adjusting part (linear coiled springs 235 and 236) including a first preload-adjusting part (linear coiled spring 235) that is connected (via the tendon 221) to the first wire reel part (capstan 231), and a second preload-adjusting part (linear coiled spring 236) that is connected (via the tendon 222) to the second wire reel part (capstan 232); the wire tension compensatory adjustment device (tendons 221/222/223/224 and the backend mechanism 230 of the surgical instrument 200) additionally comprising at least one motor (drive motor coupled to capstan 231, and drive motor 242 coupled to capstan 232) configured to apply power to the shaft (output shaft of the drive motor coupled to capstan 231, and output shaft of the drive motor 242 coupled to capstan 232) for rotating said shaft (output shaft of the drive motor coupled to capstan 231, and output shaft of the drive motor 242 coupled to capstan 232); the at least one motor (drive motor coupled to capstan 231, and drive motor 242 coupled to capstan 232) including a first motor (drive motor coupled to capstan 231) for driving the first wire reel part (capstan 231), and a second motor (drive motor 242 coupled to capstan 232) for driving the second wire reel part (capstan 232); the at least one shaft (output shaft of the drive motor coupled to capstan 231, and output shaft of the drive motor 242 coupled to capstan 232) including a first shaft (output shaft of the drive motor coupled to capstan 231) that is connected to the first wire reel part (capstan 231), and a second shaft (output shaft of the drive motor 242 coupled to capstan 232) that is connected to the second wire reel part (capstan 232); wherein the first shaft (output shaft of the drive motor coupled to capstan 231) and the second shaft (output shaft of the drive motor 242 coupled to capstan 232) being spaced apart from teach other, and the first wire reel part (capstan 231) and the second wire reel part (capstan 232) are also spaced apart from each other.
In regards to claim 12, Prisco teach all intervening claim limitations as shown above. Prisco further teach (Figures 2A-2B), the first driving wire (tendon 221) entering the first wire reel part (capstan 231) being wound in a first direction (counterclockwise direction), while the second driving wire (tendon 222) entering the second wire reel part (capstan 232) being wound in a second direction (clockwise direction) that is opposite to the first direction (clockwise direction) (based on figure 2A, it is clear that the tendon 221 is wound around the capstan 231 when the capstan 231 is rotated in the counterclockwise direction, and that the tendon 222 is wound around the capstan 232 when the capstan 232 is rotated in the clockwise direction) (see also paragraphs 0033-0034).
In regards to claim 14, Prisco teach all intervening claim limitations as shown above. Prisco further teach (Figures 2A-2B), the first wire reel part (capstan 231) and the second wire reel part (capstan 232) rotating in the same direction, when winding or unwinding the driving wire (tendons 221 and 222) (counterclockwise direction) that is opposite to the first direction (clockwise direction) (during the winding of the tendon 221 around the capstan 231, the capstan 231 must be rotated in the counterclockwise direction and the capstan 232 must also be rotated in the counterclockwise direction to at least partially unwind the tendon 222; during the winding of the tendon 222 around the capstan 232, the capstan 232 must be rotated in the clockwise direction and the capstan 231 must also be rotated in the clockwise direction to at least partially unwind the tendon 221; during the unwinding of the tendon 221 from the capstan 231, the capstan 231 must be rotated in the clockwise direction and the capstan 232 must also be rotated in the clockwise direction to wind/take-up the tendon 222; during the unwinding of the tendon 222 from the capstan 232, the capstan 232 must be rotated in the counterclockwise direction and the capstan 231 must also be rotated in the counterclockwise direction to wind/take-up the tendon 221).
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Au et al. (U.S. PGPUB 2014/0128849 A1 hereinafter referred to as “Au”).
In regards to claim 1, Au teach (Figure 3) a wire tension compensatory adjustment device (backend mechanism 230 and drive motor 250 of the instrument 300) comprising: a driving wire (tendons 221 and 222) that includes a first driving wire (tendon 221) having a first end (end of the tendon 221 that is attached to the actuation ring 214 of the steering section 210) thereof and a second driving wire (tendon 222) having a second end (end of the tendon 222 that is attached to the actuation ring 214 of the steering section 210) thereof, wherein the first driving wire (tendon 221) and the second driving wire (tendon 222) being formed integrally (as disclosed in paragraph 0029); a first wire reel part (left-half portion of the capstan 235 that receives/winds the tendons 221) that is capable of winding or unwinding the first driving wire (tendon 221); a second wire reel part (right-half portion of the capstan 235 that receives/winds the tendons 222) that is capable of winding or unwinding the second driving wire (tendon 222); at least one shaft (shaft of the drive motor 250, as described in paragraph 0025) being connected to the first wire reel part (left-half portion of the capstan 235 that receives/winds the tendons 221) and the second wire reel part (right-half portion of the capstan 235 that receives/winds the tendons 222) for rotating the first wire reel part (left-half portion of the capstan 235 that receives/winds the tendons 221) and the second wire reel part (right-half portion of the capstan 235 that receives/winds the tendons 222); and at least one preload-adjusting part (preload system 340) configured to apply a preload to the driving wire (tendons 221 and 222) for preventing slack of the driving wire (tendons 221 and 222) and for maintaining the tension of the driving wire (tendons 221 and 222) (see also paragraphs 0021-0029).
In regards to claim 2, Au teach all intervening claim limitations as shown above. Au further teach (Figure 3), the at least one preload-adjusting part (preload system 340) operating in a passive manner (as described in paragraph 0029).
Claims 1 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smaby et al. (U.S. PGPUB 2018/0228563 A1 hereinafter referred to as “Smaby”).
In regards to claim 1, Smaby teach (Figures 9A-13), a wire tension compensatory adjustment device (combined structure of the input device 300, the tensioning elements 302a/302b, and the assembly apparatus 400) comprising: a driving wire (tensioning elements 302a and 302b) that includes a first driving wire (tensioning element 302a) having a first end (end of the tensioning element 302a that is attached to the distal end component 428) thereof and a second driving wire (tensioning element 302b) having a second end (end of the tensioning element 302b that is attached to the distal end component 428) thereof, wherein the first driving wire (tensioning element 302a) and the second driving wire (tensioning element 302b) being formed integrally; a first wire reel part (first rotatable cylinder 318) that is capable of winding or unwinding the first driving wire (tensioning element 302a); a second wire reel part (second rotatable cylinder 320) that is capable of winding or unwinding the second driving wire (tensioning element 302b); at least one shaft (first drive shaft 304 and second drive shaft 306) being connected to the first wire reel part (first rotatable cylinder 318) and the second wire reel part (second rotatable cylinder 320) for rotating the first wire reel part (first rotatable cylinder 318) and the second wire reel part (second rotatable cylinder 320); and at least one preload-adjusting part (first drive input 308 and second drive input 310) configured to apply a preload (as disclosed in paragraphs 0086-0092 and 0014-0138) to the driving wire (tensioning elements 302a and 302b) for preventing slack of the driving wire (tensioning elements 302a and 302b) and for maintaining the tension of the driving wire (tensioning elements 302a and 302b) (see also paragraphs 0086-0138)
In regards to claims 7-11, Smaby teach all intervening claim limitations as shown above. Smaby further teach (Figures 9A-13), the at least one preload-adjusting part (first drive input 308 and second drive input 310) including a first preload-adjusting part (first drive input 308) that is connected to the first wire reel part (first rotatable cylinder 318), and a second preload-adjusting part (second drive input 310) that is connected to the second wire reel part (second rotatable cylinder 320); the wire tension compensatory adjustment device (combined structure of the input device 300, the tensioning elements 302a/302b, and the assembly apparatus 400) additionally comprising at least one motor (first motor 406 and second motor 408) configured to apply power to the shaft (first drive shaft 304 and second drive shaft 306) for rotating said shaft (first drive shaft 304 and second drive shaft 306); the at least one motor (first motor 406 and second motor 408) including a first motor (first motor 406 with the first drive mechanism 402) for driving the first wire reel part (first rotatable cylinder 318), and a second motor (second motor 408 with the second drive mechanism 404) for driving the second wire reel part (second rotatable cylinder 320); the first preload-adjusting part (first drive input 308) being disposed between the first wire reel part (first rotatable cylinder 318) and the first motor (first motor 406 with the first drive mechanism 402), while the second preload-adjusting part (second drive input 310) being disposed between the second wire reel part (second rotatable cylinder 320) and the second motor (second motor 408 with the second drive mechanism 404); the at least one shaft (first drive shaft 304 and second drive shaft 306) including a first shaft (first drive shaft 304) that is connected to the first wire reel part (first rotatable cylinder 318), and a second shaft (second drive shaft 306) that is connected to the second wire reel part (second rotatable cylinder 320); wherein the first shaft (first drive shaft 304) and the second shaft (second drive shaft 306) being spaced apart from teach other, and the first wire reel part (first rotatable cylinder 318) and the second wire reel part (second rotatable cylinder 320) are also spaced apart from each other.
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 13 is reject1ed under 35 U.S.C. 103 as being unpatentable over Prisco in view of Smaby.
In regards to claim 13, Prisco teach all intervening claim limitations as shown above. Yet, Prisco fails to disclose, threads and grooves being formed on the first wire reel part (capstan 231) and the second wire reel part (capstan 232) for coespoingly winding or unwinding the driving wire (tendons 221 and 222).
Nevertheless, Smaby teach (Figures 1-7b) a wire tension compensatory adjustment device (drive assembly 122 of the surgical instrument 108, which includes the input device 126 and the tensioning elements 143a/143b) comprising: a driving wire (tensioning elements 143a and 143b) including a first driving wire (tensioning element 143a) and a second driving wire (tensioning element 143b) which are integrally formed together; a first wire reel part (first rotatable cylinder 133) that is capable of winding or unwinding the first driving wire (tensioning element 143a); a second wire reel part (second rotatable cylinder 139) that is capable of winding or unwinding the second driving wire (tensioning element 143b); and at least one shaft (first drive shaft 136 and second drive shaft 138) being connected to the first wire reel part (first rotatable cylinder 133) and the second wire reel part (second rotatable cylinder 139) for rotating the first wire reel part (first rotatable cylinder 133) and the second wire reel part (second rotatable cylinder 139); wherein the first wire reel part (first rotatable cylinder 133) includes threads and grooves (outwardly facing helical grooves 144) formed thereon to wind/unwind the driving wire (tensioning elements 143a and 143b), and the second wire reel part (second rotatable cylinder 139) also includes threads and grooves (outwardly facing helical grooves 145) formed thereon to wind/unwind the driving wire (tensioning elements 143a and 143b) (see also paragraphs 0046-0080).
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the outer peripheral surfaces of the first and second wire reel parts in Prisco’s wire tension compensatory adjustment device, with threads and grooves for correspondingly receiving/accommodated/holding the windings of the first and second driving wires (i.e. during the winding and unwinding of said first and second driving wires onto said first and second wire reel parts), as suggested by Smaby. Such a modification would enable the first and second driving wires to be neatly wound about the first and second wire reel parts, in an organized manner that prevents/limits excessive ballooning of the first/second driving wire windings and that prevents/limits the entangling of said the first/second driving wire windings, during a wound or an unwound operation.
Claims 3-5 are reject1ed under 35 U.S.C. 103 as being unpatentable over Au.
In regards to claims 3, Au teach all intervening claim limitations as shown above. Au further teach (Figure 3), the at least one preload-adjusting part (preload system 340) including a preload applying part (biased spring 342 and pulley 344) configured to apply a preload to the driving wire (tendons 221 and 222) by transmitting power (via the tendons 221 and 222) to the first wire reel part (left-half portion of the capstan 235 that receives/winds the tendons 222) or the second wire reel part (right-half portion of the capstan 235 that receives/winds the tendons 222); and a preload base (fixed/stationary anchor point of the preload system 340 that supports the biased spring 342) configured to support the preload applying part (biased spring 342 and pulley 344). Yet, Au dose not explicitly disclose, the at least one preload-adjusting part (preload system 340) including a preload cover that is connected to the preload base (fixed/stationary anchor point of the preload system 340 that supports the biased spring 342) and that is configured to cover the preload applying part (biased spring 342 and pulley 344).
However, it would have been an obvious design choice for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the preload-adjusting part in Au’s wire tension compensatory adjustment device, with a preload cover for securely covering the internal components (e.g. preload applying part) of said preload-adjusting part. Such a modification would effectively protect the preload applying part from external elements, or it would prevent any foreign debris from entering the interior space of the preload-adjusting part and impeding the operative functionality of the preload applying part; thereby maintain the overall performance of the preload-adjusting part at an optimal level, while also improving the lifespan of said preload-adjusting part.
In regards to claims 4-5, Au teach all intervening claim limitations as shown above. Au further teach (Figure 3), the preload applying part (biased spring 342 and pulley 344) of the at least one preload-adjusting part (preload system 340) having an elastic body (biased spring 342) configured to apply a preload to the driving wire (tendons 221 and 222), and a rotating body (pulley 344) configured to rotate the elastic body (biased spring 342); wherein the elastic body (biased spring 342) is a spiral spring (as clearly illustrated in figure 3).
Allowable Subject Matter
Claim 6 is 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 claim, for the following reasons:
In regards to claim 6, Au teach all intervening claim limitations as shown above. Yet, Au fails to disclose, the rotating body (pulley 344) of the preload applying part (biased spring 342 and pulley 344) in the preload-adjusting part (preload system 340), being a ratchet wheel or a one-way pulley. On the contrary, said rotating body (pulley 344) simply appears to be a pulley configured to freely rotate in the both rotational directions. Additionally, one of ordinary skill in the art wound not had the sufficient rational/motivation required to configure the preload applying part in the preload-adjusting part taught by Au, with such a ratchet wheel or a one-way pulley. Furthermore, Prisco, Smaby, and all other cited prior art of record, either individually or in combination, also fails to teach or render obvious, a preload-adjusting part having the specific structure and functionality recited collectively within claims 3-4 and 6, being provided to a wire tension compensatory adjustment device having the precise structural arrangement described by claim 1. Therefore, claims 6 limitations looks to include allowable subject matter over the cited prior art references; specially when said limitations are viewed in light of applicant’s specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEEN J DIAS whose telephone number is (571) 272-2195. The examiner can normally be reached on Monday-Thursday 8:00AM - 4:30PM, Alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VICTORIA P AUGUSTINE can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.J.D./Examiner, Art Unit 3654
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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