CTNF 18/844,091 CTNF 101393 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim 9 is objected to because of the following informalities: The claim recites “the drive device according to (8).” It should be corrected to “the drive device according to claim 8.” . Appropriate correction is required. Regarding claims 1 and 10-12, the phrase, “replaceably attached” should be corrected to “interchangeable” since “replaceably” is not a standard word in the English language. Appropriate correction is required. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a reaction force applying unit that applies a reaction force for rotating in directions opposite to each other between the first capstan and the second capstan” in claims 4 and 6. “Unit” is a generic placeholder (or nonce term) that does not recite modifying structure that is capable of “applying a reaction force for rotating in directions opposite each other between the first capstan and the second capstan.” The instant specification recites, “…the reaction force applying unit includes a torsion spring or another elastic member.” (para. [0165]). Therefore, it is interpreted that the reaction force applying unit is a spring or any elastic member. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112(b) 07-30-02 AIA 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. 07-34-01 Claim 9-12 are 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 9 recites the limitation "the one direction" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends amending the claim to “a one direction.” Also, as written, the language of line 1: “The drive device according to (8)…” is somewhat unclear. If this claim depends from claim 8, it is recommended that this be re-written as: “The drive device according to claim 8….” Claims 10, 11, and 12 recite, “a surgical tool unit.” It is unclear what structure could be considered a surgical tool unit since a unit could be anything. Therefore, one of ordinary skill in the art would not be able to define the meets and bounds of the claimed “surgical tool unit.” Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 7, 8, and 10-12 are rejected under 35 U.S.C. 102( a)(1)/(a)(2 ) as being anticipated by Carey et al. (US 20210093408 A1, “Carey”) . Regarding claim 1, Carey teaches a drive device (para. [0019]: "instrument driver.") comprising: a capstan (Fig. 21; Abstract); a cable wound around the capstan (para. [0115]: "FIG. 21 illustrates a cable or wire 250 connected to a capstan 200 and a pulley 260."); and a rod (Fig. 21: rod 210) that has one degree of freedom in linear motion (para. [0128]: " the supporting rod 210 can also be smooth and allow the capstan 200 to slide axially relative to the rod 210. As the drive input 440 actuates rotation of the capstan 300, the cable 250 can wrap on and off the capstan 300 and the capstan 300 can axially slide along the rod 210. "; The capstan moving relative to the rod, as described in Carey, is the same as a rod moving relative to a capstan, as para. [0128] implies the rod is smooth for allowing this motion; Additionally, the use of “comprising” is open-ended, meaning the rod can move with one or more degrees of freedom, and is not limited to a one degree of freedom.) , and performs a linear motion by rotation of the capstan (para. [0119]: "Therefore, to control the fleet angle α, the capstan 200 can also translate relative to the rod 210, along the length of the rod 210. The capstan 200 can translate relative to the pulley along the rotational axis 212 of the capstan 200. The capstan 200 can simultaneously translate linearly along the rotational axis 212 and rotate about the rotational axis 212. This axial motion of the capstan 200 can minimize the change of fleet angle α, conserve or minimize space within the medical instrument, and gives full control over the cable 250 path length.") , the cable being connected to the rod (Fig. 21; cable 250 is connected to rod 210 via outer surface 202) , wherein a replaceably attached end effector (Fig. 18; 162; para. [0075]: "the medical instruments may be designed to be detached, removed, and interchanged from the instrument driver (and thus the system) for individual sterilization or disposal by the physician or the physician's staff.") is driven by the linear motion of the rod (Fig. 18; para. [0088]: "The grooves 158 are configured to receive one or more wires or cables 180 therethrough. One or more cables 180 thus run along an outer surface of the elongated shaft 152. In other embodiments, cables 180 can also run through the elongated shaft 152. Manipulation of the one or more cables 180 (e.g., via an instrument driver) results in actuation of the end effector 162."; The driver causes manipulation of the end effectors from the cables 180, which are in the linear direction). Regarding claim 7, Carey teaches the drive device according to claim 1 (see above) , wherein the capstan is attached to at least one of an input shaft or an output shaft for power (Fig. 22A; para. [0120]: " FIG. 22A illustrates a capstan 300 connected to a drive input 440"; Fig. 16; para. [0087]: "Accordingly, the parallelism of the axes of the drive outputs 81, drive inputs 89…"). Regarding claim 8, Carey teaches the drive device according to claim 1 (see above) , further comprising a motor (Fig. 16; motor 66) in which the capstan is attached to at least one of an input shaft or an output shaft. (para. [0121]: "drive input 440"; Fig. 22A, 22B; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts."). Regarding claim 10, Carey teaches a surgical tool device (Fig. 16; "medical instrument 70) comprising: a drive unit including: a motor (Fig. 16; motor 66); a capstan attached to an input shaft or an output shaft of the motor (para. [0121]: "drive input 440"; Fig. 22A, 22B; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts.") ; a cable wound around the capstan (para. [0115]: "FIG. 21 illustrates a cable or wire 250 connected to a capstan 200 and a pulley 260.") ; and a rod (Fig. 21: rod 210; Fig. 26; shaft 500 is also a rod) that linearly moves by rotation of the motor (para. [0138]: "The one or more cables 252 can wrap on and off the capstan 300 actuated by rotation of the capstan 300. When the one or more cables 252 is wound about the capstan 300 at the distal side 308 of the capstan 300 during linear translation of the shaft 500 in a first direction."; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts."; para. [0114] and [0138] show that the motor rotates the drive shaft, which rotates the capstan and causes linear translation of shaft 500) , the cable (Fig. 22A; 250) being connected to the rod (Fig. 21; cable 250 is connected to rod 210 via outer surface 202) ; and a surgical tool unit (Fig. 18; 150) that is replaceably attached to the drive unit (para. [0088]: " The instrument 150 can be coupled to any of the instrument drivers discussed above."; para. [0075]: "…the medical instruments may be designed to be detached, removed, and interchanged from the instrument driver (and thus the system) for individual sterilization or disposal by the physician or the physician's staff."), and drives a surgical tool with a linear motion force transmitted via the rod (para. [0110]: "The one or more pullwires may also be actuated to deflect, rotate, or translate an elongate shaft relative to the instrument handle. Controlling the articulation of the elongated shaft can include linearly translating the elongated shaft…"; para. [0119]: "the capstan 200 can also translate relative to the rod 210, along the length of the rod 210. The capstan 200 can translate relative to the pulley along the rotational axis 212 of the capstan 200. The capstan 200 can simultaneously translate linearly along the rotational axis 212 and rotate about the rotational axis 212."; The capstan moving relative to the rod, as described in Carey, is the same as a rod moving relative to a capstan, as para. [0128] implies the rod is smooth for allowing this motion). Regarding claim 11, Carey teaches an arm (Fig. 16: "robotic arm 76") device comprising: a surgical tool device (Fig. 16; "medical instrument 70) including: a drive unit (Fig. 16; "drive inputs 73") including: a motor (Fig. 15; motor 66) ; a capstan attached to an input shaft or an output shaft of the motor (para. [0121]: "drive input 440"; Fig. 22A, 22B; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts.") ; a cable wound around the capstan (para. [0115]: "FIG. 21 illustrates a cable or wire 250 connected to a capstan 200 and a pulley 260.") ; and a rod (Fig. 21: rod 210; Fig. 26; shaft 500 is also a rod) that linearly moves by rotation of the motor (para. [0138]: "The one or more cables 252 can wrap on and off the capstan 300 actuated by rotation of the capstan 300. When the one or more cables 252 is wound about the capstan 300 at the distal side 308 of the capstan 300 during linear translation of the shaft 500 in a first direction."; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts."; para. [0114] and [0138] show that the motor rotates the drive shaft, which rotates the capstan and causes linear translation of shaft 500) , the cable (Fig. 22A; 250) being connected to the rod; and a surgical tool unit (Fig. 18; 150) that is replaceably attached to the drive unit (para. [0088]: " The instrument 150 can be coupled to any of the instrument drivers discussed above."; para. [0075]: "…the medical instruments may be designed to be detached, removed, and interchanged from the instrument driver (and thus the system) for individual sterilization or disposal by the physician or the physician's staff.")) , and drives a surgical tool with a linear motion force transmitted via the rod (para. [0110]: "The one or more pullwires may also be actuated to deflect, rotate, or translate an elongate shaft relative to the instrument handle. Controlling the articulation of the elongated shaft can include linearly translating the elongated shaft…"; para. [0119]: "the capstan 200 can also translate relative to the rod 210, along the length of the rod 210. The capstan 200 can translate relative to the pulley along the rotational axis 212 of the capstan 200. The capstan 200 can simultaneously translate linearly along the rotational axis 212 and rotate about the rotational axis 212."; The capstan moving relative to the rod, as described in Carey, is the same as a rod moving relative to a capstan, as para. [0128] implies the rod is smooth for allowing this motion) ; and an arm (Fig. 17; arm 82) o f an articulated link structure (fig. 17 shows multiple joints (or parts, such as 82, 84, 83, 80, etc.) that are articulated to be linked together) that supports the surgical tool device (Fig. 17 shows the arm and links supporting the instrument 86). Regarding claim 12, Carey teaches a master-slave system (para. [0091]: "Any of the robotic systems described herein can include an input device or controller for manipulating an instrument attached to a robotic arm. In some embodiments, the controller can be coupled (e.g., communicatively, electronically, electrically, wirelessly and/or mechanically) with an instrument such that manipulation of the controller causes a corresponding manipulation of the instrument e.g., via master slave control.") comprising: a slave device (para. [0091] implies the surgical tool (Fig. 17; instrument 86) is the slave device; anything controlled by the master controller is considered to be a slave device) including: a surgical tool (Fig. 17; instrument 86) device including : a drive unit (Fig. 15; instrument driver 62) including: a motor (Fig. 15; motor 66) ; a capstan attached to an input shaft or an output shaft of the motor (para. [0121]: "drive input 440"; Fig. 22A, 22B; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts.") ; a cable wound around the capstan (para. [0115]: "FIG. 21 illustrates a cable or wire 250 connected to a capstan 200 and a pulley 260.") ; and a rod (Fig. 21: rod 210; Fig. 26; shaft 500 is also a rod) that linearly moves by rotation of the motor (para. [0138]: "The one or more cables 252 can wrap on and off the capstan 300 actuated by rotation of the capstan 300. When the one or more cables 252 is wound about the capstan 300 at the distal side 308 of the capstan 300 during linear translation of the shaft 500 in a first direction."; para. [0114]: "The capstan and/or the one or more pulleys may be rotated by one or more drive shafts."; para. [0114] and [0138] show that the motor rotates the drive shaft, which rotates the capstan and causes linear translation of shaft 500) , the cable (Fig. 22A; 250) being connected to the rod; and a surgical tool unit (Fig. 18; 150) that is replaceably attached to the drive unit (para. [0088]: " The instrument 150 can be coupled to any of the instrument drivers discussed above."; para. [0075]: "…the medical instruments may be designed to be detached, removed, and interchanged from the instrument driver (and thus the system) for individual sterilization or disposal by the physician or the physician's staff.")) , and drives a surgical tool with a linear motion force transmitted via the rod (para. [0110]: "The one or more pull wires may also be actuated to deflect, rotate, or translate an elongate shaft relative to the instrument handle. Controlling the articulation of the elongated shaft can include linearly translating the elongated shaft…"; para. [0119]: "the capstan 200 can also translate relative to the rod 210, along the length of the rod 210. The capstan 200 can translate relative to the pulley along the rotational axis 212 of the capstan 200. The capstan 200 can simultaneously translate linearly along the rotational axis 212 and rotate about the rotational axis 212."; The capstan moving relative to the rod, as described in Carey, is the same as a rod moving relative to a capstan, as para. [0128] implies the rod is smooth for allowing this motion) ; and an arm (Fig. 17; arm 82) o f an articulated link structure (fig. 17 shows multiple joints (or parts, such as 82, 84, 83, 80, etc.) that are articulated to be linked together) that supports the surgical tool device (Fig. 17 shows the arm and links supporting the instrument 86) ; and a master device (Fig. 19; para. [0091 and 0092]) that operates the surgical tool device and the arm (para. [0091]: "Any of the robotic systems described herein can include an input device or controller for manipulating an instrument attached to a robotic arm."; para. [0093]: "Any of the robotic systems described herein can include an input device or controller for manipulating an instrument attached to a robotic arm. In some embodiments, the controller can be coupled (e.g., communicatively, electronically, electrically, wirelessly and/or mechanically) with an instrument such that manipulation of the controller causes a corresponding manipulation of the instrument e.g., via master slave control.") . 07-15 AIA Claim s 1-3 are rejected under 35 U.S.C. 102( a)(1)/(a)(2 ) as being anticipated by Chassot et al. (US 20180353252 A1, "Chassot") . Regarding claim 1, Chassot discloses a drive device comprising: a capstan (Fig. 3; see labeled drawing below) ; a cable wound around the capstan (cable 316 extends to the capstan is wound around it in opposite directions) ; and a rod (Fig. 3; pointer 308 is rod shaped and is in conjunction with rod 312) that has one degree of freedom in linear motion (para. [0049]: " motor 306 may cause linear pointer 308 to move translationally along rod 312 by causing driver pulley 314 to rotate, wherein driver pulley 314 is kinematically connected to linear pointer 308 via cable 316…"), and performs a linear motion by rotation of the capstan (para. [0049]: " Drive unit 304 may include pulley 318 for converting motion of cable 316 due to axial rotation of driver pulley 314 to translational motion to translationally move linear pointer 308."; The drive unit 304 refers to the entire structure that includes the capstan. The capstan would rotate to move the pulley 314; para. [0048]: "Drive unit 304 illustratively includes three individual drive units, each for controlling one of three degrees-of-freedom.") , the cable being connected to the rod (para. [0049]: "…wherein driver pulley 314 is kinematically connected to linear pointer 308 via cable 316…") , wherein a replaceably attached end effector (para. [0048]: "end effector 506") is driven by the linear motion of the rod (para. [0048]: " In the example of a serial kinematics of end-effector 506, one drive unit may actuate the end-effector to open and/or close, another drive unit may articulate pitch of the end-effector, and the other drive unit may articulate yaw of the end-effector. In the example of a serial-parallel kinematics of end-effector 506, one drive unit may articulate the end-effector to yaw, and two drive units, each controlling one blade of end-effector 506, may actuate the end-effector to perform the pitch articulation. In one embodiment, drive unit 304 includes a fourth drive unit that articulates pronosupination of the end-effector."; para. [0049]: " Drive unit 304 includes motor 306 and linear pointer 308 coupled to receptacle 310. Motor 306 is preferably electrically coupled to handle 100 via, e.g., electric wires and a control system, such that actuation of handle 100 via its user interface causes motor 306 to operate in accordance with the principles of the present invention. For example, motor 306 may cause linear pointer 308 to move translationally along rod 312 by causing driver pulley 314 to rotate, wherein driver pulley 314 is kinematically connected to linear pointer 308 via cable 316"; the driver translates the rotation of the pulley to linear motion of pointer 308 (rod), which in turn causes the driving of the end effector (para. [0048]: "Drive unit 304 illustratively includes three individual drive units, each for controlling one of three degrees-of-freedom."); Further, para. [0012] mentions that the end effector is interchangeable: "Accordingly, it would be desirable to provide a teleoperated device with a simple interchangeable distal instrument. It would further be desirable to have the instruments designed for use in a surgical environment such that the interchangeable distal instruments would be surgical instruments."; The end effector would be included in the interchangeable distal instrument, and is therefore a replaceable.). [AltContent: oval] PNG media_image1.png 540 662 media_image1.png Greyscale [AltContent: textbox (Capstan with cables 316 wound in opposite directions)] [AltContent: arrow] PNG media_image2.png 570 579 media_image2.png Greyscale Regarding claim 2, Chassott discloses the drive device according to claim 1 (see above) , wherein the cable (Fig. 3; cable 316) includes a pair of cables (Fig. 3; 316) that are wound around the capstan (see labeled structure above; two pulleys disposed on either side of the capstan are wound in opposite directions) in directions opposite to each other (see 314 where cables are wound opposite to each other; Additionally, para. [0050]: "Linear pointer 308 may have two individual linear pointers such that each linear pointer is kinematically connected to driver pulley 314 via respective cables or bands, and pulleys, and wherein each linear pointer moves in an opposite direction to one another, e.g., when driver pulley 314 causes one linear pointer moves in one direction, the other linear pointer moves an equivalent amount in an opposite direction.”) and are connected to the rod (fig. 3; rod 312; para. [0049]) in forward and backward directions and the rod moves forward and backward in accordance with a direction of rotation of the capstan (para. [0049]: "For example, motor 306 may cause linear pointer 308 to move translationally along rod 312 by causing driver pulley 314 to rotate, wherein driver pulley 314 is kinematically connected to linear pointer 308 via cable 316, e.g., flexible elements such as metallic or polymer cables, or semi-rigid elements such as a metal band. Drive unit 304 may include pulley 318 for converting motion of cable 316 due to axial rotation of driver pulley 314 to translational motion to translationally move linear pointer 308."; The mechanism detailed in para. [0049] shows where the rotational movement of the pulley causes linear translational movement of the rod 312 (via movement of 308); Additionally, the cable 316 is shown in opposite directions where the rotation of the capstan structure would actuate the movement up and down). Regarding claim 3, Chassot teaches the drive device according to claim 2 (see above), wherein the capstan (see Fig. 3 above and below) includes a capstan assembly including a first capstan and a second capstan that are coaxially arranged (what is considered the first and second capstan share the same axis in Fig. 3) , and the pair of cables (Fig. 3 the cable from each of the two pulleys on either side of the capstan) is wound around each of the first capstan and the second capstan in directions opposite to each other (The capstan of figure 3 can be divided into a first and second part depending on the direction of the cable going around the capstan; Fig. 3 below is labeled to show the two different parts where the first and second part are on the same axis, and the cables are oriented opposite of one another (i.e., the cable enters the capstan from opposing sides.) [AltContent: textbox (The segment of the capstan assembly above the horizontal line can be considered to be a first capstan; The segment below the horizontal line can be considered to be a second capstan; Both the first and second capstans make up the capstan assembly. The two capstans have cables wound in opposing directions. )] [AltContent: textbox (Lower, second capstan)] [AltContent: textbox (Upper, First capstan)] [AltContent: arrow] [AltContent: arrow] [AltContent: connector] PNG media_image1.png 540 662 media_image1.png Greyscale Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chassot et al. (US 20180353252 A1, "Chassot") in view of Johnson (US 20200315728 A1) . Regarding claim 4, Chassot teaches the drive device according to claim 3 (see above) , wherein the capstan assembly (see Fig. 3 labeled in 102 rejection above) includes a reaction force applying unit (Fig. 3; spring 324). However, Chassott does not expressly disclose wherein the force applying unit (Fig. 3; spring 324) applies a reaction force for rotating in directions opposite to each other between the first capstan and the second capstan. Johnson, in the same field of endeavor of surgical instruments, discloses a drive assembly with capstans. Johnson discloses wherein the capstan assembly (Fig. 9A and 9B; para. [0056]: “The drive assembly 800 may also include a first or “upper” capstan assembly 806a and a second or “lower” capstan assembly 806b…”) includes a reaction force applying unit (Fig. 9A and 9B; compliant member 920) that applies a reaction force for rotating in directions opposite to each other between the first capstan and the second capstan (para. [0073]: "the compliant member 920 may be configured to provide a constant amount of opposing torsional load on the upper and lower capstan assemblies 806a,b to help reduce the amount of cable slack that might develop in the drive cables coupled thereto. The compliant member 920 may be pretensioned during assembly of the drive assembly 800, which causes the compliant member 920 to act on both the upper and lower capstan assemblies 806a,b in opposite angular directions and thereby urge the corresponding upper and lower capstans 808a,b to counter-rotate.”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive device, as disclosed by Chassot, to further include the spring (reaction force applying unit) that applies force in opposite directions to the two capstans of the capstan assembly, as disclosed by Johnson. One of ordinary skill would recognize that combining the features of Johnson would improve the device of Chassot by eliminating slack in drive cables and ensuring minimum cable tension is maintained (see Johnson paras. [0015] and [0073]). Therefore, it would have been obvious to improve the capstan drive device of Chassot by combining the device with the spring component of Johnson. Regarding claim 5 , Chassot, in combination with Johnson, discloses the drive device according to claim 4 (see above). Further, Johnson discloses wherein the pair of cables is wound around the first capstan and the second capstan by rotation caused by the reaction force (para. [0060]: “The first helical groove 910a may be configured to receive a drive cable, such as the first drive cable 608a (FIGS. 6 and 8), as described above. The end of the first drive cable 608a may be fixedly attached to the upper capstan 808a, and as the upper capstan 808a rotates, the first drive cable 608a may be paid out (i.e., unwrapped) or pulled in, depending on the rotational direction.”; The reaction from the rotational force either winds or unwinds the cable to the first capstan; para. [0066] mentions a “fourth drive cable 608d” attached to the lower capstan 808b that also unwinds and winds due to the reaction from the rotational force), and a pre-tension force is applied to the pair of cables (para. [0073]: “The compliant member 920 may be pretensioned during assembly of the drive assembly 800, which causes the compliant member 920 to act on both the upper and lower capstan assemblies 806a,b in opposite angular directions and thereby urge the corresponding upper and lower capstans 808a,b to counter-rotate.”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive device, as disclosed by Chassot, to further include the cables wound around the capstans by rotational force, and a pre-tension force applied to the cables, as disclosed by Johnson. One of ordinary skill would recognize that combining the features of Johnson would improve the device of Chassot by eliminating slack in drive cables and ensuring minimum cable tension is maintained (see Johnson paras. [0015] and [0073]). Therefore, it would have been obvious to improve the capstan drive device of Chassot by combining the cables of Johnson. Regarding claim 6, Chassot, in combination with Johnson, discloses the drive device according to claim 4 (see above). Johnson further discloses wherein the reaction force applying unit includes a torsion spring (Fig. 9b; compliant member 920; para. [0070]: “In the illustrated embodiment, the compliant member 920 comprises a coil spring, but could alternatively comprise any other type of biasing device capable of transferring torque.”) or another elastic member that is disposed between the first capstan and the second capstan. (para. [0070]: "The drive assembly 800 may further include a compliant member 920 operatively coupled to and extending between the upper and lower capstan assemblies 806a,b."). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive device, as disclosed by Chassot, to further include the torsional spring disposed between the capstans, as disclosed by Johnson. One of ordinary skill would recognize that combining the features of Johnson would improve the device of Chassot by eliminating slack in drive cables and ensuring minimum cable tension is maintained (see Johnson paras. [0015] and [0073]). Further, one of ordinary skill would have recognized that a coil spring would be able to transfer torque (See Johnson para. [0070]). Therefore, it would have been obvious to improve the capstan drive device of Chassot by using a spring disposed between the upper and lower capstans . 07-21-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Carey et al. (US 20210093408 A1, “Carey”) in view of Xu et al. (US 20190192241 A1, “Xu”) . Regarding claim 9, Carey teaches the drive device according to claim 8 (see 102 rejection above). However, Carey does not expressly teach where the rod is secured to a slide base that is slidably guided in the one direction via a linear guide with respect to a unit base on which the motor is mounted. Xu, in the same field of endeavor of flexible, surgical medical instruments, discloses a driving unit for a flexible surgical instrument. Xu discloses in which a rod (para. [0015]: "the connecting rod is connected with a first slider which is securely connected to a second push-pull rod.") is secured to a slide base (Fig. 1; “linear module 50”) that is slidably guided in the one direction via a linear guide (support body 501; para. [0015] shows that the guide is linear: "a second transmission chain which converts a rotary output of the second motor into a linear motion of a second output rod.") with respect to a unit base (para. [0015]: "fixing plate") on which the motor is mounted. (para. [0015]: "a second motor is securely connected to the first fixing plate.") It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the capstan drive device, as disclosed by Carey, with the sliding linear guide, as disclosed by Xu. One of ordinary skill in the art would have recognized that the inclusion of the sliding guide in the surgical device Carey would have improve the moving performance of the instrument (see Xu para. [0004]) in performing minimally invasive surgeries. One of ordinary skill would recognize that a guide would improve the accuracy of delivering the flexible instrument. Therefore, it would have been an obvious improvement to include the sliding linear guide attached to the motor, as disclosed by Xu, with the drive device of Carey. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OWEN LEWIS MARSH whose telephone number is (571)272-8584. The examiner can normally be reached PTA week 5 schedule. 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, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Additionally, SPE Carl Layno may be reached at (571) 272-4949. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /O.L.M./Examiner, Art Unit 3796 /CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796 Application/Control Number: 18/844,091 Page 2 Art Unit: 3796 Application/Control Number: 18/844,091 Page 3 Art Unit: 3796
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