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 .
Disposition of Claims
Claims 91-106 are pending and rejected.
Claims 1-90 & 107-120 are canceled.
Response to Arguments
Applicant’s arguments, see Page 5, filed July 8, 2026, with respect to the rejections under 35 U.S.C. § 112(b) of Claims 98 & 100 have been fully considered and are persuasive in light of amendments to the claims.
The rejections under 35 U.S.C. § 112(b) of Claims 98 & 100 have been withdrawn.
Applicant’s arguments, see Pages 5-8, filed July 8, 2026, with respect to the rejections under 35 U.S.C. § 103 of Claims 91-106 have been fully considered and are not persuasive.
In response to Applicant’s arguments that Axon does not disclose a robotic system and activating robotic movements to control the elongate member, Examiner finds these arguments not persuasive. As detailed below, Examiner acknowledges that Axon fails to explicitly disclose wherein the system is a robotic system. This deficiency is remedied by the teachings of Julian which teaches, inter alia, replacing a manually-controlled elongated member with a robotic-controlled elongated member. Robotizing surgeries is extremely common in all the surgical arts, as it reduces human error. With said robotization is occurring, movements that would be performed manually are instead performed by the robot. Therefore, Axon, as modified by Julian, teaches the instant claim set.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 91-106 are rejected under 35 U.S.C. 103 as being unpatentable over Axon et al. (hereinafter "Axon") (US 2020/0315433) in view of Julian et al. (hereinafter "Julian") (US 2021/0030260).
Regarding Claim 91, Axon discloses a method of reducing curvature of a colon using a system (Figs. 12A-12D, straightening 38; [0099]), the method comprising:
navigating an elongate member distally into the colon (Figs. 12A-12D, 33 is inserted into 38; [0100]); and
activating a set of movements to control a steerable distal end region of the elongate member relative to a wall of the colon ([0100]) while withdrawing a proximal portion of the elongate member proximally out of the colon to reduce the curvature of the colon ([0100]).
Axon fails to explicitly disclose wherein the system is robotic system.
However, Julian teaches a method of navigating a colon (Fig. 27A, 701 wherein 701 is a colon; [0131]) using a robotic system (Fig. 27A, 704; [0131), the method comprising:
navigating an elongate member (Fig. 27A, 704; [0131]) distally into the colon ([0131]); and
activating a set of movements of the robotic system to control a steerable distal end region of the elongate member ([0133] & [0134]).
The advantage of the robotic navigation system is to prevent excess contact with the walls of the colon (Julian; [0132]).
Therefore, it would have been obvious before the effective filing date of the claimed invention to someone with ordinary skill in the art to modify the system as disclosed by Axon, to be the robotic navigation system taught by Julian, to prevent excess contact with the walls of the colon (Julian; [0132]).
Regarding Claim 92, Axon, as previously modified by Julian, teaches the method of Claim 91. Julian further teaches wherein activating the set of movements of the robotic system comprises adjusting a rigidity of the elongate member ([0133] & [0134]).
Regarding Claim 93, Axon, as previously modified by Julian, teaches the method of Claim 91. Julian further teaches wherein activating the set of movements of the robotic system comprises activating a set of preprogrammed movements ([0031], [0127] & [0113]).
Regarding Claim 94, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein the elongate member comprises a first elongate member (Fig. 12A, 25; [0099]) and a second elongate member that is axially slideable within the first elongate member ([0096]).
Regarding Claim 95, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system comprises allowing at least one of a first elongate member and a second elongate member to freely rotate at a proximal end region of the elongate member that is outside of the colon (Figs. 12A-12D, 33 is capable of rotating freely; [0099]).
Regarding Claim 96, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein the elongate member comprises a first elongate member and a second elongate member, wherein the second elongate member is axially slideable relative to the first elongate member ([0096]), further wherein activating the set of movements of the robotic system comprises rotating either or both the first elongate member and the second elongate member (Figs. 12A-12D, 33 is capable of rotating freely; [0099]).
Regarding Claim 97, Axon, as previously modified by Julian, teaches the method of Claim 96. Axon further discloses wherein rotating either or both the first elongate member and the second elongate member comprises rotating the first elongate member (Figs. 12A-12D, 33 is capable of rotating freely; [0099]) or the second elongate member in a direction in which the first elongate member or the second elongate member has a different bending stiffness in different rotational directions.
Regarding Claim 98, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system comprises withdrawing the proximal portion of the elongate member proximally out of the colon while maintaining a position or configuration of the steerable distal end region of the elongate member ([0104] & [0105]).
Regarding Claim 99, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein the elongate member comprises a first elongate member and a second elongate member that is axially slideable within the first elongate member ([0096]).
Additionally, Julian further teaches wherein activating the set of movements of the robotic system comprises rigidizing, at least partially, ether the first elongate member or the second elongate member ([0133] & [0134]).
Regarding Claim 100, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system to control the steerable distal end region of the elongate member relative to the wall of the colon comprises forming a curve or hook at the steerable distal end region of the elongate member while changing an articulation plane of the elongate member proximal to the distal end region (Fig. 12D, 39; [0105]).
Regarding Claim 101, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system to control the steerable distal end region of the elongate member relative to the wall of the colon comprises maintaining lumen-centricity of the steerable distal end region (See Fig. 12D).
Regarding Claim 102, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system to control the steerable distal end region of the elongate member relative to the wall comprises securing the distal end region relative to the wall by one or more of: an inflatable balloon or suction ([0105]).
Regarding Claim 103, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein activating the set of movements of the robotic system to engage a wall of the colon comprises forming a pleat in the colon by pulling the wall of the colon proximally using the elongate member (see Fig. 12D).
Regarding Claim 104, Axon, as previously modified by Julian, teaches the method of Claim 91. Julian further teaches determining a shape of the elongate member within the colon ([0115]).
Regarding Claim 105, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses detecting a loop in the colon prior to activating the set of movements ([0022]).
Regarding Claim 106, Axon, as previously modified by Julian, teaches the method of Claim 91. Axon further discloses wherein the elongate member comprises a first elongate member and a second elongate member that is axially slideable within the first elongate member ([0096]).
Additionally, Julian further teaches wherein navigating an elongate member distally into the colon comprises alternately rigidizing and un-rigidizing the first elongate member and the second elongate member ([0134]).
Conclusion
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 STEPHEN FLOYD LONDON whose telephone number is (571)272-4478. The examiner can normally be reached Monday - Friday: 10:00 am ET - 6:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CAREY can be reached at (571)270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN FLOYD LONDON/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
