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 Rejections - 35 USC § 103
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kambe et al. (US 20220330790 hereinafter “Kambe”) in view of Gilbert et al. (US 20170079708 hereinafter “Gilbert”).
Regarding Claim 1, Kambe teaches (Figs 1 and 4) a medical system (1000) comprising:
a base unit (600) including a drive portion (200) therein;
a bendable unit (100) that is attachable to and detachable from the base unit (600; see [0112] teaching "The endoscope 100 is detachable from the drive device 200."; see Fig 1 where 200 is a part of 600), the bendable unit (100) including a linear member (160, 161 162) that is driven by the drive portion (200) in a state in which the bendable unit (100) is attached to the base unit (600) and a bending portion (outer tube portion of 100) that bends as the linear member (160, 162) is driven (bent by 200); and
a controller (300) that controls the drive portion (200),
a first information storage (562; [0501]) that stores first information specific to the bendable unit,
wherein the first information includes historical information indicating whether the bendable unit has not been used or has been used (See [0534-0535] teaching that the processor/controller can determine mode usage information; also see [0696] teaching that history of bending angle may be stored in memory), and
wherein, if the historical information indicates that the bendable unit has not been used, the controller permits operation of the drive portion, and, if the historical information indicates that the bendable unit has been used, the controller does not permit operation of the drive portion (See 0515-0517] the controller may determine whether the device may be used/operated or not based on prior use/pay per use).
Kambe does not specify that the bendable unit includes the first information storage.
Gilbert teaches [0185] that the controller with an information storage can be attached to a separate component (104) or could be a part of the device itself (102; see [0185] “In some embodiments, the controller 108, 708 may be a box that is set on the generator 104 and has a separate power cord, or, in some embodiments, the controller 108, 708 may be unitary with, and a component of, the generator 104, as illustrated in FIG. 1 or 2, or may be unitary with, or a component of, the electrosurgical instrument 102.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bendable unit of Kambe such that it includes the first information storage as taught by Gilbert. One of ordinary skill in the art would recognize this as an alternative location for the controller comprising the first information storage while providing the same results for the overall device (Gilbert [0185]).
Regarding Claim 2, Kambe teaches (Figs 1 and 4) a medical system (1000) comprising:
a base unit (600) including a drive portion (200) therein;
a bendable unit (100) that is attachable to and detachable from the base unit (600; see [0112] teaching "The endoscope 100 is detachable from the drive device 200."; see Fig 1 where 200 is a part of 600), the bendable unit (100) including a linear member (160, 161, 162) that is driven by the drive portion (200) in a state in which the bendable unit (100) is attached to the base unit (600) and a bending portion (outer tube portion of 100) that bends as the linear member (160, 162) is driven (bent by 200); and
a controller (300) that controls the drive portion (200),
a first information storage (562; [0501]) that stores first information specific to the bendable unit (100),
wherein the first information includes region number information indicating the number of regions in which the bending portion is independently bendable at different positions in a longitudinal direction of the linear member (See [0390-396] teaching how multiple values are compared to determine if a first region number (the torque sensor value) is greater, equal or less than a second region value to determine the next step of rotation or bending of the second wire accordingly),
wherein the drive portion (200) includes a first drive source (256b) for driving a first bending region (161u) and a second drive source (267b) for driving a second bending region (161d) that is closer than the first bending region to the base unit in the longitudinal direction (See Fig 34), and
wherein, if the region number information indicates a first region number, the controller permits operation of the first drive source and does not permit operation of the second drive source, and, if the region number information indicates a second region number that is greater than the first region number, the controller permits operation of the first drive source and the second drive source (See [0390-396] teaching how multiple values are compared to determine if a first region number (the torque sensor value) is greater, equal or less than a second region value to determine the next step of rotation or bending of the second wire accordingly).
Kambe does not specify that the bendable unit includes the first information storage.
Gilbert teaches [0185] that the controller with an information storage can be attached to a separate component (104) or could be a part of the device itself (102; see [0185] “In some embodiments, the controller 108, 708 may be a box that is set on the generator 104 and has a separate power cord, or, in some embodiments, the controller 108, 708 may be unitary with, and a component of, the generator 104, as illustrated in FIG. 1 or 2, or may be unitary with, or a component of, the electrosurgical instrument 102.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bendable unit of Kambe such that it includes the first information storage as taught by Gilbert. One of ordinary skill in the art would recognize this as an alternative location for the controller comprising the first information storage while providing the same results for the overall device (Gilbert [0185]).
Regarding Claim 3, Kambe teaches (Fig 1 and 4) a medical system (1000) comprising:
a base unit (600) including a drive portion (200) therein;
a bendable unit (100) that is attachable to and detachable from the base unit (600; see [0112] teaching "The endoscope 100 is detachable from the drive device 200."; see Fig 1 where 200 is a part of 600), the bendable unit (100) including a linear member (160, 161, 162) that is driven by the drive portion (200) in a state in which the bendable unit (100) is attached to the base unit (600) and a bending portion (outer tube of 100) that bends as the linear member (!60, 1616, 162) is driven (bent by 200); and
a controller (300) that controls the drive portion (200),
a first information storage (526; [0501]) that stores first information specific to the bendable unit.
Kambe does not specify wherein the bendable unit includes the first information storage; the first information includes length information indicating lengths of regions in which the bending portion is independently bendable at different positions in a longitudinal direction of the linear member,
wherein the drive portion includes a first drive source for driving a first bending region and a second drive source for driving a second bending region that is closer than the first bending region to the base unit in the longitudinal direction, and
wherein, if the length information indicates that a length of the first bending region is a first length, the controller causes the second drive source to operate at a timing when a predetermined time has elapsed after driving the first drive source, and, if the length information indicates that the length of the first bending region is a second length that is greater than the first length, the controller causes the second drive source to operate at a timing when a time longer than the predetermined time has elapsed after driving the first drive source.
Gilbert teaches [0185] that the controller with an information storage can be attached to a separate component (104) or could be a part of the device itself (102; see [0185] “In some embodiments, the controller 108, 708 may be a box that is set on the generator 104 and has a separate power cord, or, in some embodiments, the controller 108, 708 may be unitary with, and a component of, the generator 104, as illustrated in FIG. 1 or 2, or may be unitary with, or a component of, the electrosurgical instrument 102.”). Gilbert also teaches [0305] a controller that detects the length of exposure of the wire and if needed will adjust the length of exposure of the wire. Gilbert also teaches [0123-0124] that the controller uses timed windows for calculations and determine proper responses.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller of Kambe such that the controller with the first information storage is on the bendable unit and will use length information and operate at predetermined times to operate the drive source as taught by Gilbert. One of ordinary skill in the art would have been motivated to do so in order to have a controller that can use performance information that can be used as an adjustment to parameters (Gilbert [0305]).
Regarding Claim 4, Kambe teaches (Figs 1 and 4) a medical system (1000) comprising:
a base unit (600) including a drive portion (200) therein;
a bendable unit (100) that is attachable to and detachable from the base unit (600; see [0112] teaching "The endoscope 100 is detachable from the drive device 200."; see Fig 1 where 200 is a part of 600), the bendable unit (100) including a linear member (160, 161, 162) that is driven by the drive portion (200) in a state in which the bendable unit (100) is attached to the base unit (600) and a bending portion (outer tube portion of 100) that bends as the linear member (160, 162) is driven (bent by 200); and
a controller (300) that controls the drive portion (200),
a first information storage (526; [0501]) that stores first information specific to the bendable unit,
wherein the first information includes information about response characteristics when the drive portion drives the linear member (See [0534-0535] teaching that the processor/controller can determine mode usage information; also see [0696] teaching that history of bending angle may be stored in memory), and
wherein the controller adjusts a driving amount of the drive portion based on the information about the response characteristics (See [0534-0535] teaching that the processor/controller can determine mode usage information; also see [0696] teaching that history of bending angle may be stored in memory).
Kambe does not specify that the bendable unit includes the first information storage.
Gilbert teaches [0185] that the controller with an information storage can be attached to a separate component (104) or could be a part of the device itself (102; see [0185] “In some embodiments, the controller 108, 708 may be a box that is set on the generator 104 and has a separate power cord, or, in some embodiments, the controller 108, 708 may be unitary with, and a component of, the generator 104, as illustrated in FIG. 1 or 2, or may be unitary with, or a component of, the electrosurgical instrument 102.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bendable unit of Kambe such that it includes the first information storage as taught by Gilbert. One of ordinary skill in the art would recognize this as an alternative location for the controller comprising the first information storage while providing the same results for the overall device (Gilbert [0185]).
Regarding Claim 5, the combination of Kambe and Gilbert teaches all elements of Claim 1 as described above. Kambe further teaches the medical system wherein, in a medical system in which the base unit (600) and the controller (300) are attachable to and detachable from each other (See [0113] teaching 113 is detachable from 200; see fig 1 showing 200 is a part of 600), the base unit includes a second information storage that is different from the first information storage, and the second information storage stores second information specific to the base unit (See [0498] teaching how 600 includes state information from drive controller 260b, which is different from the history of bending angle that is stored in the memory as described in claim 1 of the first information storage and the usage information).
Regarding Claim 6, the combination of Kambe and Gilbert teaches all elements of claim 5 as described above. Kambe further teaches the medical system wherein the second information includes information about output characteristics of the drive portion, and wherein the controller adjusts a driving amount of the drive portion based on the information about the output characteristics (See [0498] “The processor 561 receives the state information from the drive controller 260B, and detects the bending mode of the joint 112 based on the state information”).
Regarding Claim 7, the combination of Kambe and Gilbert teaches all elements of claim 5 as described above. Kambe further teaches the medical system wherein the base unit (600) includes a detector (159) that detects a tension generated in the linear member (160, 161, 162; see [0199]), wherein the second information includes information about detection characteristics of the detector, and wherein the controller corrects a detection result by the detector based on the information about the detection characteristics (See [0703-0709] teaching how the device can change the tension of the wire based on the detected tension and the desired amount of tension).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kambe (US 20220330790) in view of Gilbert et al. (US 20170079708) as applied to claim 5 above, and further in view of Parihar et al. (US 20190125457 hereinafter “Parihar”).
Regarding Claim 8, the combination of Kambe and Gilbert teaches all elements of claim 5 as described above. Kambe does not specify the medical system wherein the second information includes malfunction information indicating whether or not a malfunction has occurred in a component included in the base unit, and wherein, if the malfunction information indicates that a malfunction has occurred in a component included in the base unit, the controller does not permit operation of the drive portion, and, if the malfunction information indicates that a malfunction has not occurred in a component included in the base unit, the controller permits operation of the drive portion.
Parihar teaches [1708-1710] a medical device system that detects if a malfunction has occurred, and if the malfunction is significant, how to address the malfunction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the medical system of Kambe such that it determines when a malfunction occurs and can indicate if a malfunction has occurred as taught by Parihar. One of ordinary skill in the art would have been motivated to do so in order to indicate a malfunction of the device, and allow for subsequent prevention and corrective action to reduce or eliminate the malfunction of the device (Parihar [1708]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEERAJA GOLLAMUDI whose telephone number is (571)272-6449. The examiner can normally be reached Mon-Fri 8-5.
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/NEERAJA GOLLAMUDI/Examiner, Art Unit 3783
/WESLEY G HARRIS/Examiner, Art Unit 3783
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