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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-3 and 5-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cuntz (DE 10201404568; see attached translation).
Regarding claim 1, Cuntz discloses a surgical medical instrument (FIG 1-2) comprising: a first jaw (1, [0054]); a second jaw (2); a first piston (4a)and a second piston (4b, FIG 2) to rotate the first jaw ([0056]); a third piston and a fourth piston to rotate the second jaw (Although not visible in the view of FIG 2, [0062] dsiclseos “The hydraulic cylinders of the second branch 2 are arranged like those hydraulic cylinders 4a and 4b of the first branch 1, as can be seen in Fig. 2. In the example shown, all hydraulic cylinders with parallel cylinder axes can be arranged next to each other”. Therefore, it is understood that jaw 2 has its own set of two opposed pistons which affect that rotation of the second jaw identical to what is described for the first jaw); a first link (5a) to connect the first jaw to the first piston (FIG 2, [0056]); a second link (5b) to connect the first jaw to the second piston (FIG 2, [0056]); a third link to connect the second jaw to the third piston and a fourth link to connect the second jaw to the fourth piston (Although not visible in FIG 2, [0023] discloses connecting rods similar to 5a, 5b being used to connect “the first hydraulic cylinder in the second branch and/or the second hydraulic cylinder of the second branch to the second branch”, which is equivalent to a third and fourth link connecting the third and fourth piston to the second jaw); wherein the first to fourth pistons are placed in parallel ([0024] “Preferably, all hydraulic cylinders of both industries can be arranged parallel to each other, i.e. with cylinder axes parallel to each other and/or with piston rods parallel to each other”) in a direction intersecting with a longitudinal direction of the surgical medical instrument (Any two of the pistons are parallel to one another in a direction which intersects the longitudinal axis of the instrument. This interpretation is consistent with the specification of the present invention, see FIG 4-5 and [0023], which defines “The pistons 31, 32, 33, and 34 are placed in parallel in the X and Y directions intersecting with the Z direction, which is the longitudinal direction of the cylinder main body 50”. This arrangement is identical to the arrangement taught in Cuntz and therefore is interpreted is meeting the limitation); and the first jaw and the second jaw are operable to be rotated about a jaw rotation axis (Axis of pin 3, FIG 1-3, [0050]) and about a wrist rotation axis (7) by the first to fourth pistons ([0062-0066]; the first to fourth piston are components of the kinematic chain which affect pivoting of the jaws around both the jaw rotation axis and the wrist rotation axis).
Regarding claim 2, Cuntz discloses each of the first to fourth links includes a plurality of rotational joints (Each of the links has a rotational joint at a top end where the link connects to the respective jaw and at the bottom end where the link connects to its respective piston, FIG 2).
Regarding claim 3, Cuntz discloses each of the first to fourth links includes a first portion on a proximal end side (The first portion is interpreted as the end closest to the respective piston), a second portion on a distal end side (The first portion is interpreted as the end closest to the respective jaw), and a third portion between the first portion and the second portion (The third portion is interpreted as the middle section of each link in between the first and second portions).
Regarding claim 5, Cuntz discloses the second portion and the third portion are arranged in a skew positional relationship with each other when the first jaw and the second jaw are arranged along the longitudinal direction of the surgical medical instrument (FIG 2 is a position where the first and second jaws are arranged along the longitudinal direction of the surgical medical instrument. In this positioning, the distal end/second portion of each link is skewed outward relative to at least some part of the third portion).
Regarding claim 6, Cuntz discloses the first jaw is operable to be rotated about the jaw rotation axis by the first piston and the second piston (4a and 4b control pivoting of jaw 1 around axis 3, [0054-0056, 0066]); and the second jaw is operable to be rotated about the jaw rotation axis by the third piston and the fourth piston (The third and fourth pistons operate identically in order to control rotation of the second jaw, [0024-0026]).
Regarding claim 7, Cuntz discloses the first jaw and the second jaw are operable to be rotated about the wrist rotation axis by the first piston, the second piston, the third piston, and the fourth piston (0062-0066]; the first to fourth piston are components of the kinematic chain which affect pivoting of the jaws around both the jaw rotation axis and the wrist rotation axis).
Regarding claim 8, Cuntz discloses a shaft (6, FIGs 1-3) to support the first jaw and the second jaw (Because the jaws are pivotally attached thereto), and having the jaw rotation axis and the wrist rotation axis (Axis 3 and 7 are both located on shaft 6, FIG 1-3).
Regarding claim 9, Cuntz discloses the shaft is arranged between a distal end and a proximal end of each of the first to fourth links when the first jaw and the second jaw are arranged along the longitudinal direction of the surgical medical instrument (FIG 2 is a position where the first and second jaws are arranged along the longitudinal direction of the surgical medical instrument. In this position the is at least partly arranged between the ends of the links).
Regarding claim 10, Cuntz discloses a cylinder main body (6, FIGs 1-2) in which the first to fourth pistons are housed (As shown in FIG 2-3); wherein the first to fourth pistons are placed in parallel ([0024] “Preferably, all hydraulic cylinders of both industries can be arranged parallel to each other, i.e. with cylinder axes parallel to each other and/or with piston rods parallel to each other”) in a direction intersecting with a longitudinal direction of the surgical medical instrument (Any two of the pistons are parallel to one another in a direction which intersects the longitudinal axis of the instrument. This interpretation is consistent with the specification of the present invention, see FIG 4-5 and [0023], which defines “The pistons 31, 32, 33, and 34 are placed in parallel in the X and Y directions intersecting with the Z direction, which is the longitudinal direction of the cylinder main body 50”. This arrangement is identical to the arrangement taught in Cuntz and therefore is interpreted is meeting the limitation), within the cylinder main body (Each of the pistons are within the body of 6, [0057]).
Regarding claim 11, Cuntz discloses the cylinder main body (6, FIG 2) includes a first cylinder, a second cylinder, a third cylinder, and a fourth cylinder in which the first piston, the second piston, the third piston, and the fourth piston are housed (Two of which are visible in FIG 2; cylindrical chambers which receive each of the pistons), respectively; and the surgical medical instrument further comprises a first fluid drive, a second fluid drive, a third fluid drive, and a fourth fluid drive to perform at least one of injecting a fluid into the first to fourth cylinders to move the first to fourth pistons, respectively ([0016-0017, 0059], it is understood that the function of hydraulic cylinders comprises a respective drive fluid contained in each cylinder which also receives the piston), or suctioning the fluid from the first to fourth cylinders to move the first to fourth pistons, respectively.
Regarding claim 12, Cuntz discloses a shaft (6) to support the first jaw and the second jaw (Because the first and second jaw are pivotally attached to the distal end of 6), and having the jaw rotation axis and the wrist rotation axis (Axis 3 and 7 are both located on shaft 6, FIG 1-3); a support (9a) to support the shaft ([0058, 0063], 9a is attached to shaft 6 and supports is by providing an articulation force); and a fifth piston (8a, FIG 3) to move the support along the longitudinal direction of the surgical medical instrument ([0058, 0063]).
Regarding claim 13, Cuntz discloses a cylinder main body in which the first to fifth pistons are housed (FIG 2 shows all of the pistons including 8a are housed within a singular body); wherein the cylinder main body includes a first cylinder, a second cylinder, a third cylinder, a fourth cylinder, and a fifth cylinder in which the first piston, the second piston, the third piston, the fourth piston, and the fifth piston are housed (Three of which are visible in FIG 2; cylindrical chambers which receive each of the pistons), respectively; and the surgical medical instrument further comprises a first fluid drive, a second fluid drive, a third fluid drive, a fourth fluid drive, and a fifth fluid drive to perform at least one of injecting a fluid into the first to fifth cylinders to move the first to fifth pistons([0016-0017, 0059], it is understood that the function of hydraulic cylinders comprises a respective drive fluid contained in each cylinder which also receives the piston), respectively, or suctioning the fluid from the first to fifth cylinders to move the first to fifth pistons, respectively.
Regarding claim 14, Cuntz discloses a gripping instrument (FIG 1-2) comprising: a first gripper (1, [0054]); a second gripper (2); a first piston (4a)and a second piston (4b, FIG 2) to rotate the first gripper ([0056]); a third piston and a fourth piston to rotate the second gripper (Although not visible in the view of FIG 2, [0062] dsiclseos “The hydraulic cylinders of the second branch 2 are arranged like those hydraulic cylinders 4a and 4b of the first branch 1, as can be seen in Fig. 2. In the example shown, all hydraulic cylinders with parallel cylinder axes can be arranged next to each other”. Therefore, it is understood that gripper 2 has its own set of two opposed pistons which affect that rotation of the second gripper identical to what is described for the first gripper); a first link (5a) to connect the first gripper to the first piston (FIG 2, [0056]); a second link (5b) to connect the first gripper to the second piston (FIG 2, [0056]); a third link to connect the second gripper to the third piston and a fourth link to connect the second gripper to the fourth piston (Although not visible in FIG 2, [0023] discloses connecting rods similar to 5a, 5b being used to connect “the first hydraulic cylinder in the second branch and/or the second hydraulic cylinder of the second branch to the second branch”, which is equivalent to a third and fourth link connecting the third and fourth piston to the second gripper); wherein the first to fourth pistons are placed in parallel ([0024] “Preferably, all hydraulic cylinders of both industries can be arranged parallel to each other, i.e. with cylinder axes parallel to each other and/or with piston rods parallel to each other”) in a direction intersecting with a longitudinal direction of the gripping device (Any two of the pistons are parallel to one another in a direction which intersects the longitudinal axis of the instrument. This interpretation is consistent with the specification of the present invention, see FIG 4-5 and [0023], which defines “The pistons 31, 32, 33, and 34 are placed in parallel in the X and Y directions intersecting with the Z direction, which is the longitudinal direction of the cylinder main body 50”. This arrangement is identical to the arrangement taught in Cuntz and therefore is interpreted is meeting the limitation); and the first gripper and the second gripper are operable to be rotated about a gripper rotation axis (Axis pf pin 3, FIG 1-3, [0050]) and about a wrist rotation axis (7) by the first to fourth pistons ([0062-0066]; the first to fourth piston are components of the kinematic chain which affect pivoting of the grippers around both the gripper rotation axis and the wrist rotation axis).
Allowable Subject Matter
Claim 4 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 claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or render obvious the use of a link having five rotational degrees of freedom due to teach of a first portion, second portion, and third portion having a swivel structure. The prior art teaches links having two hinge structures as claimed but not three separate swivel structures each.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE N LABRANCHE whose telephone number is (571)272-9775. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771