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 § 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 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 1-7, 9-11 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omori (US Pub No. 2008/0103491).
Regarding claim 1, Omori discloses (Figures 1-8) a carriage device (10) for a surgical instrument with at least two instruments (wires that wound around 50a and 50b as disclosed in Paragraph 0066) [The examiner wants to note that the at least two instruments are not positively recited in the claim and are only functionally recited], the carriage device comprising: a carriage base (30); a kinematic unit (34) configured for actuation (Paragraph 0057); a first carriage module (50a) configured to couple to a first instrument (first wire that is wound around 50a as disclosed in Paragraph 0066) of the at least two instruments; and a second carriage module (50b) configured to couple to a second instrument (second wire that is wound around 50b as disclosed in Paragraph 0066) of the at least two instruments, wherein the two carriage modules are movable relative to each other (rotatable relative to each other to control either the first or second wires under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069) and are configured to be coupled individually to the kinematic unit for use of the first instrument or the second instrument (operatively coupled individually to the kinematic unit 34 via motors 40a and 40b to control either the first or second wires for rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069), and wherein the first carriage module and the second carriage module are configured to be fixed to the carriage base with the first carriage module and the second carriage module not in use (Paragraph 0068) [When the connecting portion 15 engages the carriage base 30 as shown in Figure 1 where the cross-shaped connecting projections of the first and second carriage modules 50a, 50b engages the cross-shaped connecting recesses of the motors 40a, 40b as disclosed in Paragraph 0068 and as shown in Figures 1-3].
Regarding claim 1 under an alternative rejection, Omori discloses (Figures 1-8) a carriage device (10) for a surgical instrument with at least two instruments (wires that wound around 50a and 50b as disclosed in Paragraph 0066) [The examiner wants to note that the at least two instruments are not positively recited in the claim and are only functionally recited], the carriage device comprising: a carriage base (15); a kinematic unit (34) configured for actuation (Paragraph 0057); a first carriage module (50a) configured to couple to a first instrument (first wire that is wound around 50a as disclosed in Paragraph 0066) of the at least two instruments; and a second carriage module (50b) configured to couple to a second instrument (second wire that is wound around 50b as disclosed in Paragraph 0066) of the at least two instruments, wherein the two carriage modules are movable relative to each other (rotatable relative to each other to control either the first or second wires under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069) and are configured to be coupled individually to the kinematic unit for use of the first instrument or the second instrument (operatively coupled individually to the kinematic unit 34 via motors 40a and 40b to control either the first or second wires for rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069), and wherein the first carriage module and the second carriage module are configured to be fixed to the carriage base (fixed to the carriage base 15 as shown in Figure 2 and 4) with the first carriage module and the second carriage module not in use (Figure 2).
Regarding claim 2 under the first rejection for claim 1, wherein the carriage device is configured such that only one of the first carriage module and the second carriage module can be coupled to the kinematic unit at a time (operatively coupled individually to the kinematic unit 34 at a time to control either the first or second wires for rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069).
Regarding claim 3 under the first rejection for claim 1, wherein the kinematic unit is configured to move the carriage modules along a predetermined axis (along a rotational axis where the first and second carriage modules 50a, 50b rotate) (Paragraph 0066).
Regarding claim 4 under the first rejection for claim 1, wherein the first carriage module and the second carriage module are configured to be fixed individually to the carriage base (fixed individually to respective motors 40a, 40b in the carriage base as disclosed in Paragraph 0068).
Regarding claim 4 under the second rejection for claim 1, wherein the first carriage module and the second carriage module are configured to be fixed jointly to the carriage base (clearly shown in Figures 2 and 4).
Regarding claim 5 under the first rejection for claim 1, wherein each of the first carriage module and the second carriage module comprises a retention device (cross-shaped connecting projection at the lower end as disclosed in Paragraph 0068 and as shown in Figure 4) configured to hold the corresponding carriage module on the carriage base (Paragraph 0068).
Regarding claim 6 under the first rejection for claim 1, wherein the retention means effects an axial locking of the corresponding carriage module in a movement direction (Figure 4) (Paragraph 0068).
Regarding claim 7 under the first rejection for claim 1, wherein, in a force-free initial state (Figure 1), both the first carriage module and the second carriage module are held on the carriage base by the corresponding retention device (Paragraph 0068).
Regarding claim 9 under the first rejection for claim 1, further comprising an actuating element (206) (Figure 8) configured to release the first or the second carriage module from the carriage base (Figures 4 and 8) (Paragraph 0090).
Regarding claim 10 under the first rejection for claim 1, wherein the actuating element is configured as a mechanical slider (Paragraphs 0084 and 0090) (element 206a of the actuating element 206 slides against the surface of the engaging pieces 200 as shown in Figure 8 for locking and unlocking the connecting portion 15 to the carriage base 30 which would result in the actuating element to be configured as a mechanical slider).
Regarding claim 11 under the first rejection for claim 1, wherein the actuating element is movable transversely to the predetermined axis (Figure 8) (Paragraphs 0084 and 0090).
Regarding claim 16 under the second rejection for claim 1, wherein the carriage base (15) is comprised by a first housing part (37) (Figure 2) and the kinematic unit is comprised by a second housing part (clearly shown in Figure 3) and the first housing part and the second housing part cooperate to form a multi-part housing (when attached as shown in Figure 1), wherein the carriage modules are mounted in the multi-part housing (clearly shown in Figure 1).
Regarding claim 17, Omori discloses (Figures 1-8) a surgical instrument (10) comprising: a first instrument (first wire that is wound around 50a as disclosed in Paragraph 0066); a second instrument (second wire that is wound around 50b as disclosed in Paragraph 0066), a carriage device (handle portion of 10 that includes elements 15 and 30 as shown in Figure 1), the carriage device comprising: a carriage base (30); a kinematic unit (34) configured for actuation (Paragraph 0057); a first carriage module (50a) configured to couple to the first instrument (Paragraph 0066); and a second carriage module (50b) configured to couple to the second instrument (Paragraph 0066), wherein the two carriage modules are movable relative to each other (rotatable relative to each other to control either the first or second wires under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069) and are configured to be coupled individually to the kinematic unit for use of the first instrument or the second instrument (operatively coupled individually to the kinematic unit 34 via motors 40a and 40b to control either the first or second wires for rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069), and wherein the first carriage module and the second carriage module are configured to be fixed to the carriage base with the first carriage module and the second carriage module not in use (Paragraph 0068) [When the connecting portion 15 engages the carriage base 30 as shown in Figure 1 where the cross-shaped connecting projections of the first and second carriage modules 50a, 50b engages the cross-shaped connecting recesses of the motors 40a, 40b as disclosed in Paragraph 0068 and as shown in Figures 1-3], and wherein the first instrument and the second instrument are configured to be coupled to the kinematic unit independently of each other via the carriage modules (operatively coupled independently to the kinematic unit 34 via motors 40a and 40b for either rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069).
Regarding claim 18, wherein each of the first carriage module and the second carriage module comprises a retention device (cross-shaped connecting projection at the lower end as disclosed in Paragraph 0068 and as shown in Figure 4) configured to hold the corresponding carriage module on the carriage base (Paragraph 0068), wherein the carriage device is configured such that only one of the first carriage module and the second carriage module can be coupled to the kinematic unit at a time (operatively coupled individually to the kinematic unit 34 at a time to control either the first or second wires for rotating the end working portion 12 in a roll direction (the axial rotation direction) or a yaw direction (the horizontal direction) under the control of the controller 45 as disclosed in Paragraphs 0006, 0057 and 0069), wherein the kinematic unit is configured to move the carriage modules along a predetermined axis (along a rotational axis where the first and second carriage modules 50a, 50b rotate) (Paragraph 0066).
Allowable Subject Matter
Claims 8, 12-15 and 19-20 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.
The following is an examiner’s statement of reasons for indicating allowable subject matter in the dependent claims:
The prior art of record fails to disclose or render obvious the combination of features as claimed. In particular, the prior art of record fails to disclose wherein the retention device is configured to be self-resetting, wherein each retention device comprises a spring element (claim 8), wherein the actuating element comprises a guide extension configured to be guided in a corresponding guide groove of the first and second carriage modules (claim 12), wherein each of the first carriage module and the second carriage module comprises a retention device configured to hold the corresponding carriage module on the carriage base, and wherein the actuating element is configured to release the retention device so as to release one of the carriage modules from the carriage base and to couple the released one of the carriage modules to the kinematic unit (claim 14) and further comprising an actuating element configured to release the first or the second carriage module from the carriage base and wherein the actuating element is configured to release the retention device so as to release one of the carriage modules from the carriage base and to couple the released one of the carriage modules to the kinematic unit (claim 19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (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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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771
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