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 .
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 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.
Response to Amendment
The Preliminary Amendment filed October 18, 2024 has been entered. Claims 1-19 and 21-28 are pending in the application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 24, 2024 and November 7, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-19 and 21-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pivotto et al. (U.S. Patent No. 9211130; hereinafter “Pivotto”)
Regarding claim 1, Pivotto discloses a medical instrument comprising:
a housing (242);
an elongate member (282) axially fixed to and extending distally from the housing, the elongate member including a channel extending through the elongate member (col. 24, ll. 24-33); and
a tool holder (232) moveably mounted to the housing and configured to accept and retain a tool (100) inserted through the tool holder and into the channel of the elongate member, wherein movement of the tool holder moves the tool relative to the elongate member (col. 24, ll. 38-40).
Regarding claim 2, Pivotto discloses wherein the elongate member includes an articulable portion extending along at least a portion of a length of the elongate member (col. 38, ll. 23-26).
Regarding claim 3, Pivotto discloses the instrument further comprising a tool actuator (160) disposed in the housing and configured to move the tool holder between a proximal position and a distal position to move the tool relative to the elongate member (col. 24, ll. 38-40).
Regarding claim 4, Pivotto discloses the instrument further comprising a rocker arm (166) operatively coupling the tool actuator with the tool holder (Figs. 8-8A; col. 21, ln. 55 – col. 22, ln. 13).
Regarding claim 5, Pivotto discloses the instrument further comprising an elongate member actuator (140; Fig. 3) configured to control the position of the elongate member (col. 21, ll. 24-41).
Regarding claim 6, Pivotto discloses wherein the elongate member actuator is configured to control a position of the housing to control the position of the elongate member (col. 21, ll. 24-37).
Regarding claim 7, Pivotto discloses the instrument further comprising at least one processor (control system includes at least one processor; col. 45, ll. 64 – col. 46, ln. 15) operatively coupled to the tool actuator (col. 24, ln. 64 – col. 25, ln. 16) and the elongate member actuator (col. 21, ll. 36-37), wherein the at least one processor is configured to control the tool actuator to control movement of the tool and to control movement of the elongate member actuator to control movement of the elongate member (col. 38, ln.62 – col. 39, ln. 63).
Regarding claim 8, Pivotto discloses wherein:
the elongate member includes a sensor (col. 27, ll. 22-34; col. 32, ll. 32-43) configured to detect movement of a distal tip of the elongate member (as part of the control of a steerable introducer; col. 28, ln. 38 – col. 29, ln. 27); and
the at least one processor is configured to, in response to detecting movement of the distal tip of the elongate member using the sensor, control the tool actuator to move the tool relative to the elongate member (col. 47, ln. 55 – col. 49, ln. 15).
Regarding claim 9, Pivotto discloses wherein the at least one processor is configured to control the tool actuator (col. 24, ln. 64 – col. 25, ln. 16) and the elongate member actuator (col. 21, ll. 36-37) to maintain a position of a distal portion of the tool during a relative movement of the tool and the elongate member that exposes the distal portion of the tool (col. 28, ln. 38 – col. 29, ln. 27; col. 38, ll. 23-26).
Regarding claim 10, Pivotto discloses wherein the at least one processor is configured to maintain a pose of a distal portion of the tool during a relative movement of the tool and the elongate member that exposes a distal portion of the tool (col. 47, ln. 55 – col. 49, ln. 15).
Regarding claim 11, Pivotto discloses wherein:
the tool is an ablation tool (col. 22, ln. 32-44); and
at least one processor is configured to control the ablation tool to treat a target tissue after a relative movement of the tool and the elongate member that exposes a distal portion of the ablation tool (col. 49, ll. 16-27).
Regarding claim 12, Pivotto discloses the instrument further comprising:
a first seal (224) disposed between a portion of the tool holder and a portion of the housing (col. 23, ll. 36-; and
a second seal (214) disposed between the elongate member and the tool holder (col. 42, ln. 64 – col. 43, ln. 8).
Regarding claim 13, Pivotto discloses wherein the tool holder is configured to translate relative to the housing and the elongate member (col. 21, ll. 51-54; col. 24, ll. 38-42).
Regarding claim 14, Pivotto discloses wherein the tool holder is configured to rotate relative to the housing and the elongate member (col. 24, ll. 42-44).
Regarding claim 15, Pivotto discloses a method for controlling movement of a medical instrument (Pivotto discloses methods of controlling movement throughout its disclosure, such as at col. 28, ln. 38 – col. 29, ln. 27; or at col. 47, ln. 55 – col. 49, ln. 15), the method comprising:
positioning and retaining a tool (100) in a tool holder (232) moveably mounted to a housing (242), wherein the tool extends into a channel extending through an elongate member of the medical instrument (col. 24, ll. 24-33); and
moving the tool holder relative to the housing while maintaining an axial position of the elongate member relative to the housing to move the tool relative to the elongate member (col. 24, ll. 38-40; see also col. 29, ll. 20-27).
Regarding claim 16, Pivotto discloses the method further comprising articulating at least a portion of a length of the elongate member (col. 28, ln. 38 – col. 29, ln. 27).
Regarding claim 17, Pivotto discloses the method further comprising moving the tool holder between a proximal position and a distal position via a tool actuator (160) disposed in the housing to move the tool relative to the elongate member (col. 24, ll. 38-40).
Regarding claim 18, Pivotto discloses the method further comprising coupling the tool actuator with the tool holder via a rocker arm (166; Figs. 8-8A; col. 21, ln. 55 – col. 22, ln. 13).
Regarding claim 19, Pivotto discloses the method further comprising controlling one selected from a group consisting of:
the position of the elongate member via an elongate member actuator (140; Fig. 3; col. 21, ll. 24-41), and
a position of the housing to control the position of the elongate member via the elongate member actuator (col. 21, ll. 24-37).
Regarding claim 21, Pivotto discloses the method further comprising controlling the tool actuator to control movement of the tool and controlling the elongate member actuator to control movement of the elongate member (col. 38, ln.62 – col. 39, ln. 63).
Regarding claim 22, Pivotto discloses the method further comprising:
detecting movement of a distal tip of the elongate member (col. 28, ln. 38 – col. 29, ln. 27) via a sensor (col. 27, ll. 22-34; col. 32, ll. 32-43); and
controlling the tool actuator to move the tool relative to the elongate member in response to detecting movement of the distal tip of the elongate member (col. 47, ln. 55 – col. 49, ln. 15).
Regarding claim 23, Pivotto discloses the method further comprising controlling the tool actuator (col. 24, ln. 64 – col. 25, ln. 16) and the elongate member actuator (col. 21, ll. 36-37) to maintain a position of a distal portion of the tool during a relative movement of the tool and the elongate member that exposes the distal portion of the tool (col. 28, ln. 38 – col. 29, ln. 27; col. 38, ll. 23-26).
Regarding claim 24, Pivotto discloses the method further comprising maintaining a pose of a distal portion of the tool during a relative movement of the tool and the elongate member that exposes a distal portion of the tool (col. 47, ln. 55 – col. 49, ln. 15).
Regarding claim 25, Pivotto discloses wherein the tool is an ablation tool (col. 22, ln. 32-44), and further comprising controlling the ablation tool to treat a target tissue after a relative movement of the tool and the elongate member that exposes a distal portion of the ablation tool (col. 49, ll. 16-27).
Regarding claim 26, Pivotto discloses the method further comprising translating the tool holder relative to the housing and the elongate member (col. 24, ll. 38-42).
Regarding claim 27, Pivotto discloses the method further comprising rotating the tool holder relative to the housing and the elongate member (col. 24, ll. 42-44).
Regarding claim 28, Pivotto discloses a medical instrument comprising:
a housing (242);
an elongate member (282) axially fixed to and extending distally from the housing, the elongate member including a channel extending through the elongate member (col. 24, ll. 24-33); and
a tool holder (232) moveably mounted to the housing and configured to accept and retain a tool (100) inserted through the tool holder and into the channel of the elongate member, wherein the tool holder is configured to rotate relative to the housing and the elongate member and rotation of the tool holder rotates the tool relative to the elongate member (col. 24, ll. 42-44).
Conclusion
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/JONATHAN A HOLLM/Examiner, Art Unit 3771
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