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 .
Response to Amendment
The amendments to the specification of the disclosure in the preliminary amendment filed 6/27/2024 are acknowledged and accepted.
The amendments to Claims 1, 15, 18, 22-23, 25-26 in the preliminary amendment filed 6/27/2024 are acknowledged and accepted.
The cancellation of Claims 16-17, 19-20, 24, 27-45 in the preliminary amendment filed 6/27/2024 is acknowledged and accepted.
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. 119 (e).
Drawings
The originally filed drawings were received on 6/27/2024. These drawings are acceptable.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the following informalities:
Abstract, line 2- ‘comprise’ should read ‘include’
Abstract, line 3- ‘comprising’ should read ‘including’
Abstract, line 4- ‘comprising’ should read ‘including’.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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) 1-6, 8-14, 18, 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cockburn (GB 2324469 A).
Cockburn discloses a sterile drape assembly (See for example Abstract; Figures 1-7, and in particular Figures 1-4) for draping equipment (See for example 1 in Figures 1-7) to create a sterile barrier around the equipment, the sterile drape assembly comprising a hollow elongated drape body (See for example 2, 3, 4, 5 in Figures 1-4) extending between a first end (See for example end of element 2 located where element 5 is located in Figures 1-2) and a second end (See for example end of element 2 that will contact element 1 in Figures 1-2), the drape body comprising a first drape portion comprising the first end (See for example region around end of element 2 located where element 5 is located in Figures 1-2); and a second drape portion comprising the second end (See for example region around end of element 2 that will contact element 1 in Figures 1-2); and a closure mechanism (See for example 5 in Figures 1-2) releasably closing or configured to releasably close the first end of the drape body; wherein in a partially inverted state (See for example Figure 2) of the sterile drape assembly the first drape portion is folded back over and covers the second drape portion; the closure mechanism releasably closes the first end (See for example 5 in Figures 1-2); and the second drape portion defines a partially enclosed interior volume configured to receive at least a first portion of the equipment (See for example region around end of element 2 that will contact element 1 in Figures 1-2). Cockburn further discloses wherein the drape body has a first surface (See for example 4 in Figures 1-2) and a second surface (See for example 3 in Figures 1-2) opposite the first surface, and in the partially inverted state of the sterile drape assembly; a portion of the first surface that is in the second drape portion faces the partially enclosed interior volume (See for example 4 in region around end of element 2 that contacts element 1 in Figure 2), and a portion of the first surface that is in the first drape portion faces away from the partially enclosed interior volume (See for example 4 in region around end of element 2 located where element 5 is located in Figure 2); wherein in the partially inverted state of the sterile drape assembly, a portion of the second surface that is in the first drape portion (See for example 3 in region around end of element 2 located where element 5 is located in Figure 2) faces a portion of the second surface that is in the second drape portion (See for example 3 in region around end of element 2 that contacts element 1 in Figure 2); wherein, in the partially inverted state of the sterile drape assembly, the second end of the drape body is closed (See for example end of element 2 that will contact element 1 in Figures 1-2) and the closure mechanism (See for example 5 in Figures 1-2) is releasably closed such that a fully enclosed internal volume (See interior volume of 2 within which element 6 is placed in Figures 1-2) is defined in the drape body, the fully enclosed internal volume being distinct from the partially enclosed internal volume (See for example 4 in region around end of element 2 located where element 5 is located in Figure 2); and the second surface (See for example 3 in Figures 1-2) faces into the fully enclosed internal volume; wherein in a fully inverted state of the sterile drape assembly, the closure mechanism (See for example 5, 7 in Figures 1-2) is released and the first end of the drape body is open; the second end of the drape body is closed (See for example end of element 2 that will contact element 1 in Figures 1-2); the first and second drape portions of the drape body are positioned sequentially adjacent one another along a length of the drape body and not overlapping (See for example Figure 3); and the partially enclosed internal volume is extended so as to receive at least the
first portion (See for example region around end of element 2 that will contact element 1 in Figures 1-2) and a second portion (See portion of element 1 further away from end of element 1 in contact with 2 in Figure 3) of the equipment to create a sterile barrier around the first and second portions of the equipment; wherein in the fully inverted state of the sterile drape assembly, the second surface (See for example 3 in Figure 3) faces outwardly into an exterior environment; and the first surface (See for example 4 in Figure 3) faces inwardly into the partially enclosed internal volume; wherein the drape body has a first surface (See for example 4 in Figures 1-2) and a second surface (See for example 3 in Figures 1-2) opposite the first surface, and in the partially inverted state of the sterile drape assembly, the first surface is exposed to an exterior environment (See for example 4 in Figure 2); and the second surface is enclosed within the sterile drape assembly and not exposed to the exterior environment (See for example 3 in Figure 2); wherein the drape body has a first surface (See for example 4 in Figures 1-2) and a second surface (See for example 3 in Figures 1-2) opposite the first surface, and in the partially inverted state of the sterile drape assembly, a portion of the second surface that is in the first drape portion (See for example 3 in region around end of element 2 located where element 5 is located in Figure 2) faces a portion of the second surface that is in the second drape portion (See for example 3 in region around end of element 2 that contacts element 1 in Figure 2); wherein the closure mechanism comprises a non-reversible closure mechanism (See for example 5 in Figures 1-2); and wherein the second end is closed (See for example end of element 2 that will contact element 1 in Figures 1-2).
Allowable Subject Matter
Claims 7, 15, 21-23, 25 are 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:
Claim 7 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1-5, 7, the drape including, in combination with the features recited in Claims 1-5, 7, wherein the equipment comprises a manipulator of a teleoperable medical system, the first portion of the equipment comprises an instrument manipulator mount of the manipulator, and the second portion of the equipment comprises a portion of the manipulator proximal of the instrument manipulator mount.
Claim 15 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1, 15, the drape including, in combination with the features recited in Claims 1, 15, wherein the closure mechanism comprises a reversible closure mechanism.
Claim 21 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1, 21, the drape including, in combination with the features recited in Claims 1, 21, a hold-open device configured to urge the first end of the drape body to remain in an open configuration on condition of the closure mechanism being open.
Claim 22 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1, 22, the drape including, in combination with the features recited in Claims 1, 22, wiper device configured to, on condition of the closure mechanism being open, hold a rim of an opening in the first end away from the second portion while the first end is moved along the second portion to uncover the second portion.
Claim 23 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1, 23, the drape including, in combination with the features recited in Claims 1, 23, the drape body further comprises a pleated portion at the first end and extending past the closure mechanism, wherein in the partially inverted state the pleated portion is tucked into a fully enclosed interior volume defined by the drape body.
Claim 25 is allowable over the cited art of record for at least the reason that the cited art of record fails to teach or reasonably suggest a sterile drape assembly as generally set forth in Claims 1, 25, the drape including, in combination with the features recited in Claims 1, 25, a drape installation indicator that is sensible by a sensing device of the equipment, the drape installation indicator being positioned on the drape body so as to be in sensing proximity to the sensing device in a fully installed state of the sterile drape assembly on the equipment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 5068941 to Dunn- Finger-mounted toothbrush where the brush can be mounted within an internal sterile space and inverted for use.
U.S. Patent No. 5709646 to Lange- Elastic, sterile covers for use with surgical retractors.
U.S. Patent Application Publication US 2025/0345142 A1 to Cohen et al.- Folded surgical drape with two open opposing ends.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNEL C LAVARIAS whose telephone number is (571)272-2315. The examiner can normally be reached M-F 10:30 AM-7 PM.
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ARNEL C. LAVARIAS
Primary Examiner
Group Art Unit 2872
8/26/2026
/ARNEL C LAVARIAS/Primary Examiner, Art Unit 2872
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