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
Applicant’s election without traverse of Species A, encompassing FIGs 8A-9, in the reply filed on 05/12/2026 is acknowledged. Applicant states in the response that Claims 1-8, 10-18, and 21-22 encompass the elected species. It is the examiners position that claim 12 is also directed towards Species B. [0080] discloses that FIGS 10A-10F show an instrument wherein first elongate member 602 is disposed within second elongate member 604. Species A shows only an arrangement where second elongate member 504 is discloses within the first elongate member 502, as recited in claim 13. Therefore, claim 9 and 12 are withdrawn from examination and claims 19-20 have been cancelled.
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, 10, 11, 13-18, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. (US 2016/0354582).
Regarding claim 1, Yu et al. discloses an apparatus (18, FIG 2-3) comprising: a housing (68, FIG 3, [0106]); a first elongate member (42) extending distally from the housing (FIG 4) to a first distal end (46), a proximal portion of the first elongate member defining a longitudinal axis (See longitudinal axis in FIG 4); at least one first drive input (48) rotatably retained by the housing ([0102-0103]), the at least one first drive input being configured to deflect the first distal end relative to the longitudinal axis ([0103]); a second elongate member (50); a second drive input (304; specifically the elements contained within one of the horizontal flanges 370) rotatably retained by the housing ([0182-0183]); and a feed assembly (302, FIG 31-32, including gear 392a and 392g directly attached to shafts 312) configured to translate the second elongate member along the longitudinal axis in response to rotation of the second drive input (314 directly contacts and translates the second elongate member. 314 is rotated by 312, which receives input from 392c, [0187-0189]).
Regarding claim 2, Yu et al. discloses the second drive input being proximal of the at least one first drive input (FIGs 3-5).
Regarding claim 3, Yu et al. discloses the second drive input being configured to rotate about a rotation axis that is substantially perpendicular to the longitudinal axis (FIG 27 shows the orientation of the gear pins and gripper shafts 312 is perpendicular relative to 50, which corresponds to the longitudinal axis).
Regarding claim 4, Yu et al. discloses the second drive input including a gear (392c, FIG 39, [0187-0189]).
Regarding claim 5, Yu et al. discloses the feed assembly including a gear (Rotatable gripping pad gear 392a is interpreted as a component of the feed assembly) configured to rotate in response to rotation of the second drive input ([0188], 392a rotates in response to rotation of drive gear 392c).
Regarding claim 6, Yu et al. discloses the feed assembly including a transmission member (392b, FIG 39) configured to drive rotation of the gear in response to rotation of the second drive input (392b transmits rotation from 392c of the second drive input to gear 392a of the feed assembly).
Regarding claim 8, Yu et al. discloses the feed assembly including a pair of roller wheels (314, FIG 31-38) configured to frictionally engage the second elongate member (FIG 35-36), at least one roller wheel of the pair of roller wheels being configured to rotate in response to rotation of the second drive input to thereby translate the second elongate member along the longitudinal axis ([0189]; 392c of the second drive input is rotated by the motor and causes rotation of the roller. [0176-0183]).
Regarding claim 10, Yu et al. discloses the second elongate member having a second distal end (54, [0102]), the apparatus further comprising at least one third drive input rotatably retained by the housing (the other of the horizontal flanges 370 that forms 304, comprising 392e-392g), the at least one third drive input being configured to deflect the second distal end relative to the longitudinal axis ([0174-0185]; gripping pads 314 are independently controlled to move the second elongate member in a desired manner).
Regarding claim 11, Yu et al. discloses one of the first or second elongate members being disposed within the other of the first or second elongate members (second elongate member 50 is received within first elongate member 42, [0104]).
Regarding claim 13, Yu et al. discloses the second elongate member being disposed within the first elongate member (second elongate member 50 is received within first elongate member 42, [0104]).
Regarding claim 14, Yu et al. discloses the feed assembly being proximal of the housing (At least the portion of 302 which sits above 70 is outside of the housing and therefore proximal thereto at least some portion of the housing, FIG 28 and 44-45).
Regarding claim 15, Yu et al. discloses the feed assembly being disposed within an interior of the housing (at least 312 and 392a are received within the housing since they are seated below plate 70, FIG 28 and 44-45).
Regarding claim 16, Yu et al. discloses an apparatus (18, FIG 2-3) comprising: a housing (68, FIG 3, [0106]); a first elongate member (42) extending distally from the housing (FIG 4) to a distal end (46), a proximal portion of the first elongate member defining a longitudinal axis (See longitudinal axis in FIG 4); at least one first drive input (48) rotatably retained by the housing ([0102-0103]), the at least one first drive input being configured to deflect the first distal end relative to the longitudinal axis ([0103]); a second elongate member (50); a second drive input (304; specifically the elements contained within one of the horizontal flanges 370) rotatably retained by the housing ([0182-0183]); and a pair of roller wheels (314, FIG 31-38) coupled to the housing (by being assembled and constrained to the device), each roller wheel of the pair of roller wheels being configured to frictionally engage the second elongate member (FIG 35-36), at least one roller wheel of the pair of roller wheels being configured to rotate in response to rotation of the second drive input to thereby translate the second elongate member along the longitudinal axis ([0189]; 392c of the second drive input is rotated by the motor and causes rotation of the roller. [0176-0183]).
Regarding claim 17, Yu et al. discloses the at least one roller wheel of the pair of roller wheels being operatively coupled to the second drive input via a transmission member (310, FIG 32), the transmission member extending through an aperture in the housing (310 extends through apertures in plate 70, which corresponds to the housing, and are received in bosses 376, FIG 39, [0184] to operably couple to the second drive input).
Regarding claim 18, Yu et al. discloses further comprising the second elongate member (50, FIG 27-32), the second elongate member being slidably disposed within the first elongate member ([0104]).
Regarding claim 21, Yu et al. discloses an apparatus (18, FIG 2-3) comprising: a housing (68, FIG 3, [0106]); a first elongate member (42) extending distally from the housing (FIG 4) to a first distal end (46); at least one first drive input (48) retained by the housing ([0102-0103]), the at least one first drive input being configured to deflect the first distal end ([0103]); a feed assembly (302, FIG 31-32, including gear 392a and 392g directly attached to shafts 312) coupled to the housing (FIG 28), the feed assembly comprising a first roller wheel (one of 314) and a second roller wheel (the other of 314, FIG 27-36) configured to frictionally engage a second elongate member (50, FIG 35-36); and a second drive input (304; specifically the elements contained within one of the horizontal flanges 370) retained by the housing ([0182-0183]), the second drive input being configured to drive rotation of at least one of the first roller wheel or the second roller wheel (drive gear 392c which operably connects to 392a to rotate roller 314, [0188-0189]).
Regarding claim 22, Yu et al. discloses the at least one first drive input being operatively coupled to the distal end via a set of one or more pull wires ([0103]), the second drive input being operatively coupled to the feed assembly via a transmission member (392b is interpreted as the transmission member which transmits rotation of 392c to 392a, [0188]).
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.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2016/0354582).
Regarding claim 7, Yu et al. discloses the invention substantially as claimed, as set forth above for claim 6.
Yu et al. is silent regarding the transmission member including a belt.
However, Yu et al. teaches in the alternative embodiment of FIG 15, a transmission member between a drive gear and a driven gear, in the form of drive and driven pulleys, 196, 204 and a drive belt ([0142]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the feed assembly to further include a blet as a component of the transmission member, as taught by the alternative embodiment, for the purpose of utilizing a technique commonly known in the art for transmitting rotation of a drive gear to a driven gear.
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
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