CTNF 18/877,558 CTNF 88372 DETAILED ACTION The following Office Action is in response to the Preliminary Amendment filed on December 20, 2024. Claims 1-12, 17-21, and 35-37 are currently pending. 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. 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. Claim Rejections - 35 USC § 112 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 is dependent on claim 13, which has been cancelled . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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 – 07-12-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. 07-15-03-aia AIA Claim(s) 1, 3, 8-10, and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stefan (US 2023/0034856) . Concerning claim 1, the Stefan prior art reference teaches an instrument (Figures 1-4; 1), comprising: a shaft (Figure 1; 2) comprising a distal end portion (Figure 1; 5), a proximal end (Figure 1; 3), and a longitudinal axis extending between the distal end portion and the proximal end portion (Figure 1; B); a moveable component coupled to the distal end portion of the shaft (Figure 1; 9); a drive assembly coupled to the proximal end portion of the shaft (Figure 1; 4); a first actuation member extending from the drive assembly along the shaft and coupled to the movable component (Figure 1; one of guide wires 12); and a second actuation member extending from the drive assembly along the shaft and coupled to the moveable component (Figure 1; another of guide wires 12); wherein the drive assembly comprises a gimbal assembly (Figure 2; 14) rotatable about a first axis (Figure 2; A) and a second axis (Figure 2; D), the gimbal assembly comprising a first aperture (Figure 2; one of apertures 10) and a second aperture (Figure 2; another of apertures 10); wherein the first actuation member is routed through the first aperture and coupled to the gimbal assembly, the first actuation member being longitudinally translatable relative to the shaft in response to rotation of the gimbal assembly about the first axis, wherein the second actuation member is routed through the second aperture and coupled to the gimbal assembly, the second actuation member being longitudinally translatable relative to the shaft in response to rotation of the gimbal assembly about the second axis ([¶ 0048]); wherein the first aperture defines an elongated opening in a direction perpendicular to the second axis (Figure 4; slot of 10 defines an elongated opening extending along axis B, which is perpendicular to axis D), and wherein the second aperture defines an elongated opening in a direction perpendicular to the first axis (Figure 4; slot of 10 defines an elongated opening extending along axis B, which is perpendicular to axis A). Concerning claim 3, the Stefan reference teaches the instrument of claim 1, wherein the first axis (Figure 1; A) and the second axis (Figure 1; D) are perpendicular to one another. Concerning claim 8, the Stefan reference teaches the instrument of claim 1, wherein the movable component comprises an articulatable structure articulatable in pitch and yaw motions (Figure 1; 9). Concerning claim 9, the Stefan reference teaches the instrument of claim 1, wherein the moveable component is a wrist mechanism (Figure 1; 9) coupling an end effector (Figure 1; 6) to the distal end portion of the shaft (Figure 1; 5). Concerning claim 10, the Stefan reference teaches the instrument of claim 1, wherein the gimbal assembly comprises a gimbal frame rotatable relative to the shaft about the second axis (Figure 2; 15), and a gimbal plate rotatable relative to the gimbal frame about the first axis (Figure 2; 19). Concerning claim 18, the Stefan prior art reference teaches an instrument (Figures 1-4; 1), comprising: a shaft (Figure 1; 2) comprising a distal end portion (Figure 1; 5) and a proximal end (Figure 1; 3); a moveable component coupled to the distal end portion of the shaft (Figure 1; 9); a force transmission system coupled to the proximal end portion of the shaft (Figure 1; 4); a first actuation member extending from the force transmission system along the shaft and coupled to the movable component (Figure 1; one of guide wires 12) the first actuation member configured to transmit force from the force transmission system to the movable component ([¶ 0048]); and a second actuation member extending from the force transmission system along the shaft and coupled to the moveable component (Figure 1; another of guide wires 12) the second actuation member configured to transmit force from the force transmission system to the movable component ([¶ 0048]); wherein the force transmission system comprises a gimbal (Figure 2; 14) rotatable about a first gimbal axis (Figure 2; A) and a second gimbal axis (Figure 2; D), a first lever arm comprising a first end portion and a second end portion operably coupled to the gimbal (Figure 3; 18a), the first lever arm being configured to rotate about a first pivot axis between the first end portion and the second end portion of the first lever arm (Figure 3; A), and a second lever arm comprising a first end portion and a second end portion operably coupled to the gimbal (Figure 4; 29), the second lever arm being configured to rotate about a second pivot axis between the first end portion and the second end portion of the second lever arm (Figure 3; D), wherein, in response to pivoting the first lever arm about the first pivot axis, the gimbal rotates about the first gimbal axis, wherein, in response to pivoting the second lever arm about the second pivot axis, the gimbal rotates about the second gimbal axis, wherein rotation of the gimbal about the first gimbal axis results in linear translation of the first actuation member along the shaft, and wherein rotation of the gimbal about the second gimbal axis results in linear translation of the second actuation member along the shaft ([¶ 0048]) . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 12 and 35-37 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 2, 4-7, 11, and 19-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Cooper et al. reference (US 2010/0228284), the Thissen et al. reference (US 2022/0061634), and the Scheider et al. reference (US 2024/0280137) each teach surgical instruments including a shaft, a moveable component, a drive assembly, first and second actuation members, a drive assembly, and a gimbal assembly . Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN TRUYEN TON whose telephone number is (571)270-5122. The examiner can normally be reached Monday - Friday; EST 10:00 AM - 6:30 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, 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. 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. /MARTIN T TON/Examiner, Art Unit 3771 6/11/2026 Application/Control Number: 18/877,558 Page 2 Art Unit: 3771 Application/Control Number: 18/877,558 Page 3 Art Unit: 3771 Application/Control Number: 18/877,558 Page 4 Art Unit: 3771 Application/Control Number: 18/877,558 Page 5 Art Unit: 3771 Application/Control Number: 18/877,558 Page 6 Art Unit: 3771 Application/Control Number: 18/877,558 Page 7 Art Unit: 3771 Application/Control Number: 18/877,558 Page 8 Art Unit: 3771
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