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 .
Claim Objections
Claims 12 and 17-20 are objected to because of the following informalities:
Claim 12, lines 1-2: “a perimeter wall” should be changed to --the perimeter wall--, since a perimeter wall has already been set forth in claim 11.
Appropriate correction is required.
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.
Claims 1 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US 2010/0163057).
Re Clm 1: Anderson et al. disclose a method of aligning a surgical instrument (22) with an instrument sterile adapter (52) for coupling the surgical instrument and an instrument carriage , the method comprising: inserting an instrument shaft (56) of the surgical instrument into an entry guide (64) held in a fixed relation to the instrument carriage and the instrument sterile adapter (see figs 3a, 3b), insertion of the instrument shaft into the entry guide constraining the surgical instrument to rotation around a first cylindrical axis of the instrument shaft and axial translation along the first cylindrical axis of the instrument shaft (see figs, also see para 0059 for rotation and axial translation movement); and passing the instrument shaft of the surgical instrument through a shaft receiving slot (80) of the instrument sterile adapter such that the instrument shaft extends from a first side of the instrument sterile adapter configured to engage with the instrument carriage to a second side of the instrument sterile adapter configured to engage with the surgical instrument (see figs 3a, 3b).
Re Clm 11: Anderson et al. disclose wherein passing the instrument shaft of the surgical instrument through the shaft receiving slot of the instrument sterile adapter comprises passing the instrument shaft through a shaft receiving slot having an opening (recess where shaft is inserted) at a perimeter wall of the sterile adapter.
Re Clm 12: Anderson et al. disclose wherein the opening of the shaft receiving slot is in a perimeter wall of the sterile adapter (outer perimeter wall where shaft is inserted).
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.
Claims 2-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US 2010/0163057) in view of Romo et al. (US 2010/0170519).
Re Clm 2: Anderson et al. fails to disclose engaging a surface of the instrument sterile adapter with a corresponding curved surface of the surgical instrument to constrain rotation of the surgical instrument around the first cylindrical axis of the instrument shaft, the curved surface having a second cylindrical axis that is spaced apart from the first cylindrical axis of the instrument shaft.
Romo et al. teach the method of engaging a surface (circular holes on lateral sides) of the instrument sterile adapter with a corresponding surface (circular protrusions) of the surgical instrument to constrain rotation of the surgical instrument around the first cylindrical axis of the instrument shaft, the curved surface having a second cylindrical axis that is spaced apart from the first cylindrical axis of the instrument shaft (Examiner notes that the mating structure would prevent rotation of the members relative to any axis that is spaced apart from the first cylindrical axis of the shaft). This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the method of engaging a surface of the instrument sterile adapter with a corresponding curved surface of the surgical instrument to constrain rotation of the surgical instrument around the first cylindrical axis of the instrument shaft, the curved surface having a second cylindrical axis that is spaced apart from the first cylindrical axis of the instrument shaft, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 3: Anderson et al. as modified by Romo et al. in claim 2 above disclose engaging a bullet portion (tapered end of circular protrusions) on the surface of the instrument sterile adapter with a bullet receiving feature (curved circular hole) in the corresponding surface of the surgical instrument to further constrain the surgical instrument.
Re Clm 4: Anderson et al. as modified by Romo et al. in claim 2 above disclose engaging a tapered leading portion (tapered end of circular protrusions) of the bullet portion to guide the bullet receiving feature (curved circular hole) onto the bullet portion.
Re Clm 5: Anderson et al. fails to disclose the method of engaging a locating pin of an adapter control surface of the instrument sterile adapter with a locating slot in an instrument control surface of the surgical instrument to further constrain the surgical instrument.
Romo et al. teach the use and method of engaging a locating pin (616) of an adapter control surface (top surface of 604, see fig 6c) of an instrument sterile adapter (604) with a locating slot (612) in an instrument control surface (bottom surface of 602) of a surgical instrument (602) to further constrain (at least laterally) the surgical instrument. This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a respective locating pin and locating slot on their mating control surfaces, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 6: Anderson et al. fails to disclose the method comprising engaging a locating slot in an adapter control surface of the instrument sterile adapter (holes on with a locating pin of an instrument control surface of the surgical instrument to further constrain the surgical instrument.
Romo et al. teach the use and method of engaging a locating slot (hole in top of 604, see figs below) of an adapter control surface (top surface of 604, see fig 6c) of an instrument sterile adapter (604) with a locating pin (protruding pin in bottom of 602) in an instrument control surface (bottom surface of 602) of a surgical instrument (602) to further constrain (at least laterally) the surgical instrument. This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a respective locating slot and locating pin on their mating control surfaces, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 7: Anderson et al. fail to disclose supporting an instrument control surface of the surgical instrument on a plurality of landing pads on an adapter control surface of the instrument sterile adapter.
Romo et al. teach the use and method of supporting an instrument control surface of the surgical instrument on a plurality of landing pads (see all four corners of bottom of 602) on an adapter control surface of the instrument sterile adapter. This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a landing pads, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 9: Anderson et al. as modified by Romo et al. in claim 2 above disclose wherein the surface and the corresponding surface are curved and configured for mating engagement (protrusions and holes are curved for mating purposes; see figs 6a-d).
Re Clm 10: Anderson et al. as modified by Romo et al. in claim 2 above disclose wherein the surface extends transverse to an adapter control interface of the instrument sterile adapter and the corresponding surface extends transverse to a control interface of the surgical instrument configured to engage with the adapter control interface of the instrument sterile adapter (see figs 6a-d).
Claims 8, 13, 15-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US 2010/0163057) in view of Burke et al. (US 2005/0244217).
Re Clm 8: Anderson et al. fail to disclose engaging latch arms extending from an adapter control surface of the instrument sterile adapter with latch receptacles in an instrument control surface of the surgical instrument.
Burke et al. teach (fig 3) the use and method of engaging latch arms (16) extending from a surface of an instrument adapter (14a) with latch receptacles (46) in a surface of an instrument (14b). This is taught for the purpose of securing mated members from unwanted disengagement.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a respective latch arms and receptacles on their mating control surfaces, as taught by Burke et al. with a reasonable expectation of success, for the purpose of securing mated members from unwanted disengagement.
Re Clm 13: Anderson et al. disclose a method of aligning a surgical instrument (22) with an instrument sterile adapter (52) for coupling the surgical instrument and an instrument carriage , the method comprising: passing an instrument shaft of the surgical instrument through a shaft receiving slot (80) of the instrument sterile adapter (see figs 3a, 3b). Anderson et al. does disclose latches (not shown), but fails to explicitly disclose engaging latch receptacles located on a control interface of the surgical instrument with latch arms extending from an adapter control interface on the instrument sterile adapter, wherein in an engaged state, the latch arms secure the surgical instrument to the instrument sterile adapter.
Burke et al. teach (fig 3) the use and method of engaging latch arms (16) extending from a surface of an instrument adapter (14a) with latch receptacles (46) in a surface of an instrument (14b). This is taught for the purpose of securing mated members from unwanted disengagement.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a respective latch arms and receptacles on their mating control surfaces, as taught by Burke et al. with a reasonable expectation of success, for the purpose of securing mated members from unwanted disengagement.
Re Clm 15: Anderson et al. as modified by Burke et al. in claim 13 above disclose wherein engaging the latch receptacles with the latch arms comprises engaging a pair of latch receptacles disposed at opposite sides of the control interface with a pair of latch arms disposed at opposite sides of the instrument sterile adapter (as taught and shown by Burke et al. fig 3).
Re Clm 16: Anderson et al. as modified by Burke et al. in claim 13 above disclose wherein the latch arms extend perpendicular to (outward from and toward the other mated member) a surface defining the adapter control interface.
Re Clm 20: Anderson et al. disclose wherein passing the instrument shaft of the surgical instrument through the shaft receiving slot of the instrument sterile adapter comprises passing the instrument shaft through a shaft receiving slot having an opening (recess where shaft is inserted) at a perimeter wall of the sterile adapter.
Claims 14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US 2010/0163057) in view of Burke et al. (US 2005/0244217) as applied to claims 13, 15-16, and 20 and further in view of Romo et al. (US 2010/0170519).
Re Clm 14: Anderson et al. as modified by Burke et al. in claim 13 above fail to disclose in response to engaging latch receptacles with the latch arms: engaging a locating pin of the instrument sterile adapter with a locating slot on the control interface of the surgical instrument; and contacting the control interface of the surgical instrument with a plurality of landing pads on the instrument sterile adapter.
Romo et al. teach the use and method of engaging a locating pin (616) of an adapter control surface (top surface of 604, see fig 6c) of an instrument sterile adapter (604) with a locating slot (612) in an instrument control surface (bottom surface of 602) of a surgical instrument (602) to further constrain (at least laterally) the surgical instrument. This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have further provided the instrument sterile adapter and the surgical instrument of Anderson et al. with a respective locating pin and locating slot on their mating control surfaces in response to engaging latch receptacles with the latch arms, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 17: Anderson et al. fails to disclose during passing the instrument shaft of the surgical instrument through a shaft receiving slot of the instrument sterile adapter, engaging a surface extending transverse to the control interface of the surgical instrument with a corresponding surface of the instrument sterile adapter extending transverse to the adapter control interface.
Romo et al. teach the method of engaging a surface (circular protrusions on lateral sides) extending transverse (outward) to the control interface of the of the surgical instrument with a corresponding surface (corresponding circular holes) of the instrument sterile adapter extending transverse to the adapter control interface (see figs 6a-6d). This is taught for the purpose of providing alignment structure to ensure proper alignment between the members.
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the method of engaging a surface extending transverse to the control interface of the surgical instrument with a corresponding surface of the instrument sterile adapter extending transverse to the adapter control interface, as taught by Romo et al. with a reasonable expectation of success, for the purpose of providing alignment structure to ensure proper alignment between the members.
Re Clm 18: Anderson et al. as modified in claim 17 above discloses wherein the surface extending transverse to the control interface of the surgical instrument and the corresponding surface of the instrument sterile adapter extending transverse to the adapter control interface are curved (circular protrusions and holes) and configured for mating engagement (as shown).
Re Clm 19: Anderson et al. disclose wherein passing the instrument shaft of the surgical instrument through the shaft receiving slot of the instrument sterile adapter comprises passing the instrument shaft through a shaft receiving slot having an opening (recess where shaft is inserted) at a perimeter wall of the sterile adapter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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