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 Amendment filed June 8th, 2026 has been entered. Claims 1-6 have been
amended. Claims 1-12 are now pending in the application, with claims 7-12 withdrawn. The previous 35 U.S.C. 112(b) rejection of claim 1 is withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “ the drive device is capable of simultaneously connecting a first manipulator and a second manipulator that are the medical manipulators, and all of the driven portions of the first manipulator and the second manipulator are attachable to the drive device” which is indefinite since it is unclear whether or not the first and second medical manipulators are positively recited elements or are just intended use features, since the claim previously recites “a medical manipulator” but when discussing the first and second medical manipulator states “are the medical manipulators.” The examiner suggests amending the claim language to more clearly indicate the structure or purpose of the first and second manipulators.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro (US 20170143438 A1) in view of Iida et al. (US 20170128146 A1, hereinafter Iida).
Regarding Claim 1, Komuro discloses
A medical manipulator system (manipulator system 1, FIG. 1) comprising:
a first medical manipulator (first treatment tool 3a, FIG. 16) and a second medical manipulator (second treatment tool 3b, FIG. 16; par. 94 discloses treatment tool capable of being in an assembly form having a first and second treatment tool, par. 93 discloses structure of assembly form treatment tool is applicable to the manipulator system depicted in FIG. 1, therefore, the first and second treatment tools possess the same components and connections to the manipulator system),
each having a movable portion (plurality of bendable joints 32, FIGS. 1, 16); and
a drive device (drive unit 2, FIG. 1) to which each of the first medical manipulator and the second medical manipulator is detachably connected (depicted in FIG. 5),
wherein each of the first medical manipulator and the second medical manipulator includes a driven portion (attachment/detachment mechanism 4, FIG. 1) configured to receive a driving force for driving the movable portion (par. 37 discloses driving forces are transmitted to attachment/ detachment mechanism, par. 34 discloses treatment tool is driven via driving force),
the drive device includes:
a plurality of drive portions (driving members 21 + output shafts 22, FIG. 1) configured to be attached to the driven portion of the first medical manipulator or the second medical manipulator when the first medical manipulator or the second medical manipulator is connected to the drive device, and
configured to drive the driven portion (FIG. 1, par. 37 disclose attachment/ detachment mechanism is attached to output shafts, par. 35 discloses driving members and output shafts produce driving force); and
a controller (control unit 7, FIG. 1 + system control unit 130, FIG. 15) configured to control the plurality of drive portions (par. 34 discloses control unit gains control of the drive unit) and
to recognize at least one of a number or an arrangement of the driven portions of the first medical manipulator and the second medical manipulator (par. 96 discloses engagement sensor unit, which communicates with the control unit, is capable of recognizing engagement/ arrangement of each of the plurality of driving members), wherein:
a number of the plurality of drive portions is greater than a number of the driven portions of at least one of the first medical manipulator and the second medical manipulator (FIG. 1 discloses there are more driving members and output shafts than there are attachment/ detachment mechanisms, i.e. 4 driving members having 4 output shafts, making it a total of 8 drive portions versus 4 driven members),
the drive device is capable of simultaneously connecting the first medical manipulator and the second medical manipulator (FIG. 16, par. 94 discloses treatment tool capable of being in an assembly form having a first and second treatment tool, par. 96 discloses manipulator system carries out driving operation while considering both treatment tools as one, i.e. simultaneously), and
all of the driven portions of the first medical manipulator and the second medical manipulator are attachable to the drive device (par. 37 discloses transmission members of the attachment/ detachment mechanism are attached to driving unit via output shafts).
However, Komuro does not disclose based on stored information associated with each of the first medical manipulator and the second medical manipulator.
Iida teaches an analogous master manipulator system (1, FIGS. 1-2) comprising a first medical manipulator (treatment tool 2A, FIGS. 1-2), a second medical manipulator (treatment tool 2B, FIGS. 1-2) and a controller (15, FIGS. 1-2). The controller (15) having a storage unit (115, FIG. 2) capable of storing correspondence information necessary for driving the treatment tools and further capable of sending the information to the controller [0054, 0059]. Moreover, the storage unit (115) is configured to record and update a number of connections with the controller (15) which is configured to obtain the number from the storage unit [0086].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the manipulator system of Komuro with the storage unit of Iida in order to provide a system capable of recording necessary information regarding the devices of the system to better inform operations and report any abnormalities to the user when predetermined factors/ values are exceeded [Iida - 0086].
Regarding Claim 2, Komuro, as previously modified by Iida, discloses all of the elements of the current invention disclosed in claim 1, and Komuro further discloses
wherein the controller is configured to independently control a drive portion configured to drive the driven portion of the first medical manipulator and a drive portion configured to drive the driven portion of the second medical manipulator (par. 35 discloses respective driving members are separately controlled by the control unit, i.e. different driving members, such as respective driving members for the first and second treatment members, are independently controlled).
Regarding Claim 3, Komuro, as previously modified by Iida, discloses all of the elements of the current invention disclosed in claim 2, and Komuro further discloses
the controller is configured to control the drive portion configured to drive the driven portion of the first medical manipulator by a normal operation program (par. 43 discloses initial flow run for control of individual driving members, i.e. driving member for first manipulator), and
control the drive portion configured to drive the driven portion of the second medical manipulator by a check program (par. 41, 97 disclose control unit activates and/or deactivates driving members based on sensor unit responses, i.e. check program).
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komuro (US 20170143438 A1) as applied to claim 1 above, in view of Iida et al. (US 20170128146 A1, hereinafter Iida) and further in view of Yoshimura (US 20170209227 A1).
Regarding Claim 4, Komuro, as previously modified by Iida, discloses all of the elements of the current invention disclosed in claim 2, however, Komuro does not disclose wherein when the controller detects an abnormality in at least a part of the drive portion to which the driven portion of the first medical manipulator or the second medical manipulator is attached, the controller is configured to notify a user to attach the driven portion of the first medical manipulator or the driven portion of the second medical manipulator to another drive portion in which no abnormality has been detected.
Yoshimura teaches an analogous medical manipulator system (1, FIG. 1) having an elongated member (3, i.e., medical manipulator) with a bending assembly (4, i.e., movable portion). The manipulator (3) has a driven portion (coupling member 5, FIG. 1) attached to a drive unit (21, i.e. drive portion, FIG. 1) which generates power for the driven portion [0035-0036]. In situations when the drive portion is not put into operation for reasons such as power supply shutdown, malfunctions, transmission issues, or any abnormality of the like, a controller (control unit 25 + 91, FIG. 11A, 14) is adapted to control a regulator (6, i.e. other drive unit, FIG. 1, 11A) to keep the bending assembly in operation [0078, 0094]. Moreover, an operator (O, i.e. user) is notified of current operation status via the control unit (91) and the operator operates the manipulator accordingly [0093].
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to provide the manipulator system of Komuro with the regulator of Yoshimura in order to keep operation of a bending assembly working even in situations when there are malfunctions in a drive unit [Yoshimura - 0039].
Regarding Claim 5, Komuro, as previously modified by Iida, and further in view of Yoshimura, discloses all of the elements of the current invention disclosed in claim 4, and Yoshimura further teaches
wherein, when the drive portion to which the driven portion of the first medical manipulator or the second medical manipulator is attached is changed from the drive portion in which the abnormality has been detected to the other drive portion,
the controller is configured to transfer at least a part of information required to drive the driven portion from a program controlling the drive portion in which the abnormality has been detected to a program controlling the other drive portion (par. 82-83 disclose control unit transmits operation of the coupling member, from a state where it was pushed/ pulled by the drive unit, to a state where it is then operated by the regulator, such that the moving operation of the bending portion is continued).
Regarding Claim 6, Komuro, as previously modified by Iida, and further in view of Yoshimura, discloses all of the elements of the current invention disclosed in claim 5, and Komuro further discloses
each of the first medical manipulator and the second medical manipulator has a memory (engagement sensor unit 43, FIG. 1) in which information related to the driven portion is stored (par. 43 discloses engagement sensor unit has information related to the engagement of the first and second engagement portions of the attachment/ detachment mechanism), and
the controller is configured to control the drive portion to which the driven portion of the first medical manipulator or the second medical manipulator is attached based on information acquired from the memory (par. 43 discloses control unit operates based on the information sensed from the engagement sensor unit).
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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights