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
A preliminary amendment was filed on 12/3/2024. In the amendment, the specification paragraph [0001] was amended.
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 1-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vander Poorten et al. (US Pub. No. 2015/0351857 A1).
Regarding claim 1, Vaner Poorten et al. disclose a pitch system (Figs. 7-17) for controlling a tilt orientation of one or more surgical instruments relative to a virtual center (paragraph [0022]; Figs. 7-17), the pitch system comprising:
at least one angled linkage body L10 (Figs. 7-17) having a proximal end, a distal end, and a first linkage body axis at an acute angle with respect to a yaw axis of the pitch system during use (paragraph [0173]; Figs. 7-17);
at least one parallel linkage body having a proximal end, a distal end, and a second linkage body axis parallel to the yaw axis of the pitch system during use (Figs. 7-17; paragraph [0177] - ‘the mechanism consists of a first parallelogram composed out of links L2, L6, L7, and L3, further detailed in Fig. 18. The mechanism further consists of a second parallelogram composed out of links L3, L5, L4 and frame 40 hinged upon axes A1 and A2 and detailed in Fig. 26’);
a pitch housing assembly having a first end configured to be connected with, configured to be connected to, connected with, or connected to a yaw system defining the yaw axis (Figs. 7-17; ‘preferably, the apparatus further can comprise means to rotate the planar parallel mechanism and the two degree-of-freedom joint about an axis (A0) that connects the origin of the two degree-of-freedom joint and the RCM resulting in a three degree-of-freedom RCM’), the pitch housing assembly comprising: a pitch housing (Fig. 8; linkage L12 being considered the ‘pitch housing’);
a first rotary joint having a first rotational axis perpendicular to and intersecting the yaw axis (Figs. 7-9; joint between L1 and L10); and
an actuator assembly (Figs. 7-9) configured to drive a rotation of the at least one angled linkage body relative to the pitch housing about the first rotary joint causing an angled linkage body rotation (rotation of the first rotary joint will tilt the structure in forward or pitching direction, acting as the actuation assembly);
a second rotary joint (Figs. 7-9; joint between L10 and L11 or L9) having a second rotation axis parallel to the first rotation axis, the proximal end of the at least one angled linkage body rotationally coupled to the pitch housing at the first rotary joint and a proximal end of the at least one parallel linkage body rotationally coupled to the at least one angled linkage body at the second rotary joint (Figs. 7-9);
a third rotary joint (Figs. 7-9; joint between L12 and L11 or L9) having a third rotation axis parallel to the first rotation axis;
at least one angled rigid member (associated with L12) configured to cause a parallel linkage body rotation of the at least one parallel linkage body relative to the at least one angled linkage body about the second rotary joint due to the angled linkage body rotation, the proximal end of the at least one angled rigid member rotationally coupled to the pitch housing at a first pivot axis parallel to and offset from the first rotation axis (Figs. 7-9; see offsets of the linkages and joints to one another), and a distal end of the at least one angled rigid member rotationally coupled to the at least one parallel linkage body at a second pivot axis parallel to and offset from the second rotation axis (Figs. 7-9; distal section of L12 can be seen as offset to the first pivot axis and rotation axis which are located more proximal);
the proximal end of the at least one parallel linkage body rotationally coupled to the distal end of the at least one angled linkage body at the second rotary joint, and the distal end of the at least one parallel linkage body rotationally coupled to a positioning arm or a mounting for a positioning arm at the third rotary joint (Figs. 7-9; the parallel linkage body is coupled at the links L9-L11 and the medical instrument is coupled at or the same as L12); and
at least one parallel rigid member (Figs. 7-9; parallelogram formed by L9-L12, of which could be ‘at least one parallel rigid member) configured to cause a positioning arm rotation of the positioning arm relative to the at least one parallel linkage body about the third rotary joint due to the parallel linkage body rotation, a proximal end of the at least one parallel rigid member rotationally coupled with the at least one angled linkage body at a third pivot axis parallel to and offset from the second rotary joint (Figs. 7-9; pivoting of the parallelogram L9-L12 causes the claimed effect. Alternatively, the parallelogram L5-L9 causes parallel axes.), a distal end of the at least one parallel rigid member rotationally coupled with the positioning arm or the mounting for the positioning arm at a fourth pivot axis offset from and parallel to the third rotary joint (Figs. 7-9; pivoting of the parallelogram L9-L12 causes the claimed effect. Alternatively, the parallelogram L5-L9 causes parallel axes.);
wherein, when in use, an intersection point at an intersection of the yaw axis and a pitch axis is the virtual center (Figs. 7-9); and wherein, when in use, the pitch housing assembly, the at least one angled rigid member, and the at least one parallel rigid member are configured to constrain motion of the at least one angled linkage body (Figs. 7-9; see constrained movement about the pivot and yaw axes), the at least one parallel linkage body, and the mounting or the positioning arm to maintain an orientation of the second linkage body axis parallel to the yaw axis and to maintain an orientation of the first linkage body axis body parallel to a line perpendicular to the third rotational axis extending from the virtual center to the third rotational axis during rotation of the at least one angled linkage body relative to the pitch housing (Figs. 7-9; all of the pivotal rotational axes are always in parallel to each other).
Regarding claim 2, Vaner Poorten et al. further disclose wherein the orientation of the first linkage body axis is defined as an orientation of a first line perpendicular to the second rotation axis and extending from the second rotation axis at the second rotary joint though the first rotations axis and intersecting the yaw axis (Figs. 7-9 - see the linkage extending upwards perpendicular to the rotation axis); and wherein the orientation of the at least second linkage body axis is defined as an orientation of a second line perpendicular to and extending from the third rotation axis at the third rotary joint to the second rotation axis and intersecting with the first line (Figs. 7-9 - see the linkage extending upwards perpendicular to the rotation axis).
Regarding claim 3, Vaner Poorten et al. further disclose wherein the at least one angled linkage body L10 comprises a first angled linkage side plate and a second angled linkage side plate (as seen in Figs. 7 & 10, each link comprises side plates with a missing middle part and each rotary joint further comprises a bracket)
Regarding claim 4, Vaner Poorten et al. further disclose wherein the at least one angled rigid member L12 comprises a first side angled rigid member and a second side angled rigid member (Figs. 7 & 10 - L12 is connected to and held between first and second side rigid members).
Regarding claim 5, Vaner Poorten et al. further disclose wherein the at least one parallel linkage body comprises a first parallel linkage side plate and a second parallel linkage side plate (paragraph [0177] - ‘the mechanism consists of a first parallelogram composed out of links L2, L6, L7, and L3, further detailed in Fig. 18. The mechanism further consists of a second parallelogram composed out of links L3, L5, L4 and frame 40 hinged upon axes A1 and A2 and detailed in Fig. 26’ - as seen in Figs. 7 & 10, each link comprises side plates with a missing middle part and each rotary joint further comprises a bracket).
Regarding claim 6, Vaner Poorten et al. further disclose wherein the at least one parallel rigid member includes a central rigid member (Figs. 7-9; parallelogram formed by L9-L12, of which could be ‘at least one parallel rigid member’ - L9 and L11 comprise of a central rigid member).
Regarding claim 7, Vaner Poorten et al. further disclose wherein the at least one parallel linkage body (L1-L9) comprises a first parallel linkage side plate and a second parallel linkage side plate each having a proximal end and a distal end (see rejection of claim 5 above); and wherein the at least one angled rigid member L12 comprises a first side angled rigid member L9 and a second side angled rigid member L11 (Fig. 9) each having a proximal end and a distal end, the distal end of the first side angled rigid member 9 rotationally connected to the proximal end of the first parallel linkage side plate at the second pivot axis (see pivot points of the parallel linkage bodies L1-L9 and their interactions with L9/L11; Figs. 7-9), and the distal end of the second side angled rigid member L11 rotationally connected to the proximal end of the second parallel linkage side plate (via L10) at the second pivot axis.
Regarding claim 8, Vaner Poorten et al. further disclose wherein the at least one angled linkage body L10 comprises a first angled linkage side plate and a second angled linkage side plate each having a proximal end and a distal end (as seen in Figs. 7 & 10, each link comprises side plates with a missing middle part and each rotary joint further comprises a bracket); and wherein the second rotary joint (Figs. 7-9; joint between L10 and L11 or L9) includes a second rotary joint shaft rotationally locked to the at least one angled linkage body L10; and wherein the at least one parallel rigid member includes a central parallel rigid member having a proximal end and a distal end (Figs. 7-9; parallelogram formed by L9-L12, of which could be ‘at least one parallel rigid member’ - L9 and L11 comprise of a central rigid member); and wherein the pitch system further comprises: a first mounting bracket (first mounting bracket connecting L10 with L11 - Fig. 8) including a first axle shaft, the first mounting bracket attached to and rotationally locked to the second rotary joint shaft, the first mounting bracket rotatably connecting with the proximal end of the central rigid member at the third pivot axis via the first axle shaft; and a second mounting bracket (second mounting bracket connecting L10 with L9 - Fig. 8) including a second axle shaft, the second mounting bracket affixed to or connected to the mounting for the positioning arm or to the positioning arm and rotatably connected with the distal end of the central rigid member (L9 and L11 comprise of a central rigid member) at the fourth pivot axis via the second axle shaft.
Regarding claim 9, Vaner Poorten et al. further disclose wherein the actuator assembly M0 comprises: at least one actuator subassembly configured to drive an output rotation about a drive axis relative to the pitch housing (Figs. 7-9 show further actuators M1 and M2); and at least one coupling configured to couple a rotation of the at least one angled linkage side plate about the first rotary joint with the output rotation about the drive axis (paragraph [0163]; Figs. 7-9).
Regarding claim 10, Vaner Poorten et al. further disclose wherein the at least one actuator subassembly comprises a motor pulley 27 (Figs. 7-9; paragraph [0163]).
Regarding claim 11, Vaner Poorten et al. further disclose wherein the motor pulley 27 includes a motor, an encoder and a gearhead (paragraph [0172] - ‘in alternative embodiments where geared actuation is used, the antagonistic placement of motor and encoder has the advantage that the rotation about A1 and A2 can be measured directly avoiding errors introduced due to use of gears or other reduction elements.’).
Regarding claim 12, Vaner Poorten et al. further disclose wherein the actuator assembly further comprises at least one output pulley rotationally locked to a first rotary joint shaft of the first rotary joint (paragraph [0172] - ‘pulleys and capstans can then be conveniently placed at the inner side of the brackets, i.e. between brackets 50, 51 and frame 40’).
Regarding claim 13, Vaner Poorten et al. further disclose wherein the at least one coupling comprises at least one drive tape affixed to the motor pulley and to the output pulley (paragraph [0172] - ‘pulleys and capstans can then be conveniently placed at the inner side of the brackets, i.e. between brackets 50, 51 and frame 40’).
Regarding claim 14, Vaner Poorten et al. further disclose wherein the at least one actuator subassembly comprises a motor, an encoder, and a gearhead (paragraph [0172] - ‘in alternative embodiments where geared actuation is used, the antagonistic placement of motor and encoder has the advantage that the rotation about A1 and A2 can be measured directly avoiding errors introduced due to use of gears or other reduction elements.’).
Regarding claim 15, Vaner Poorten et al. further disclose a braking system configured for braking of the first rotary joint relative to the pitch housing (paragraph [0172] - ‘In alternative embodiments where geared actuation is used, the antagonistic placement of motor and encoder has the advantage that the rotation about A1 and A2 can be measured directly avoiding errors introduced due to use of gears or other reduction elements.’; the actuators are capable of being stopped and locked to hold the device by applying a locking torque thereto; gears are considered to be part of the braking system, further discussion seen in paragraphs [0154]-[0155]).
Regarding claim 16, Vaner Poorten et al. further disclose wherein the braking system comprises a brake rotor fixed to the first rotary joint shaft of the first rotary joint and a brake stator fixed to the pitch housing (see rejection of claim 15 above for citations and explanation).
Regarding claim 17, Vaner Poorten et al. further disclose a secondary braking system comprising a pawl and a ratchet gear configured to prevent the positioning arm from rotating in at least one direction of rotation (see rejection of claim 15 above for citations and explanation).
Regarding claim 18, Vaner Poorten et al. further disclose wherein the pawl is configured to disengage from the ratchet gear when power is supplied to a solenoid actuator, and wherein the pawl is configured to reengage with the ratchet gear via a spring when power is removed from the solenoid actuator (see rejection of claim 15 above for citations and explanation).
Regarding claim 19, Vaner Poorten et al. further disclose wherein the first rotary joint comprises a first rotary shaft rotationally locked to the at least one angled linkage body; and wherein the pitch housing comprises a first pitched housing side plate and a second pitched housing side plate (see rejection of claims 3-8 which recite these limitations).
Regarding claim 20, Vaner Poorten et al. further disclose wherein the pitch housing assembly further comprises one or more springs configured to offset torsional moment due to components supported by the at least one angled body member (paragraph [0150] - ‘Gravity balancing elements can be provided in apparatuses of the invention, such as but not limited to fixed or adjustable springs and fixed or adjustable masses that balance the mechanism in some or all available degrees of freedom DOF1, DOF2, DOF3, and DOF4, for the different convenient orientations of the mechanism’s base with respect to the gravity vector and for different convenient instruments’).
Regarding claim 21, Vaner Poorten et al. further disclose wherein the second rotary joint comprises a second rotary shaft coupled to the at least one parallel linkage body; and wherein rotation of the second rotary shaft is locked to the at least angled linkage body (Figs. 7-9; all of the links are seen as locked to each other in the specific parallelogram configuration).
Regarding claim 22, Vaner Poorten et al. further disclose the third rotary joint comprises a third rotary shaft coupled to the positioning arm or the mounting of the positioning arm, wherein rotation of the third rotary shaft is locked to the second rotary shaft via the at least one parallel linkage body (Figs. 7-9; all of the links are seen as locked to each other in the specific parallelogram configuration).
Regarding claim 23, Vaner Poorten et al. further disclose wherein the third rotary joint comprises a third rotary shaft coupled to the at least one parallel linkage body, and rotatably connected to the positioning arm or the mounting of the positioning arm, wherein rotation of the positioning arm about the third rotary axis is locked to the second rotary shaft via the at least one parallel linkage body (Figs. 7-9; all of the links are seen as locked to each other in the specific parallelogram configuration).
Regarding claim 24, Vaner Poorten et al. further disclose wherein the first rotary joint, the second rotary joint, or the third rotary joint comprises one or more shielded ball bearings, one or more preloaded bearings, or one or more bearings in a back-to-back arrangement (paragraph [0173]; Fig. 16 - ‘The nuts 153 keep the pivoting axes 150 in place, and allow pre-tensioning bearings 151 and 152 to remove axial and radial play that could be present in the bearings themselves or in the seating of the bearings into the frame 40’).
Regarding claim 25, Vaner Poorten et al. further disclose wherein the pitch axis extends normal to the insertion axis of the positioning arm and intersects the cannula axis of a trocar (Figs. 7-9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 February 5, 2026