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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/29/2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted and filed after the mailing date of the Notice of Allowance on 02/04/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-4, 9, and 11-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Widenhouse et al. (US 20220361886 A1).
Regarding claims 1 and 11, Widenhouse et al. discloses medical instrument, comprising: an elongate shaft (300); a handle (200) coupled to a proximal portion of the elongate shaft; an axle (302/306) rotatably mounted to the handle and configured so that rotation of the axle causes the elongate shaft to rotate about an axis of the elongate shaft; and an axle catch (locking recess 276/ locking boss 312) disposed at least partially within the handle, the axle catch being actuatable relative to the axle between a locked position (fig. 17), in which the axle catch impedes rotation of the axle, and an unlocked position (fig. 18), in which the axle catch permits rotation of the axle, wherein mounting the handle on a robotic manipulator causes the axle catch to automatically transition from the locked position to the unlocked position ([0083, 0121-0131], figs. 15-18).
Regarding claims 2-4, 9, and 12, Widenhouse et al. discloses the axle catch further comprises a key (locking recess 276/ locking boss 312) configured to engage with a mating feature (312) of the axle when in the locked position to restrict rotation of the axle (fig. 17), wherein the key of the axle catch is configured to enter the mating feature of the axle in an axial direction with respect to an axis of the axle, wherein the axle catch is configured to be actuated in a direction parallel to an axis of the axle ([0083, 0121-0131], figs. 15-18) and wherein the axle (302/306) further includes a plurality of features engageable with a translator (spring 316/stop 324) that transfers the rotation of the axle to the elongated shaft ([0083, 0121-0131], figs. 15-18).
Allowable Subject Matter
Claims 5-8, 10 and 13-20 are allowed.
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a medical instrument comprising all the structural and functional limitations and further comprising, amongst other limitations/features, an elongate shaft defining a roll axis; and a handle coupled to the elongate shaft, the handle comprising: a robotic drive input operable to rotate the elongate shaft with respect to the handle about the roll axis; and an axle rotatably mounted to the handle and configured so that rotation of the axle causes the elongate shaft to rotate about an axis of the elongate shaft; and an axle catch disposed at least partially within the handle, the axle catch being actuatable between a locked position, in which the axle catch impedes rotation of the axle, and an unlocked position, in which the axle catch permits rotation of the axle, wherein mounting the handle on a robotic manipulator causes the axle catch to automatically transition from the locked position to the unlocked position wherein the axle catch is configured to be actuated in a direction parallel to an axis of the axle wherein the axle catch includes one or more alignment pin channels that have axes that are parallel with the axis of the axle and are configured to have respective alignment pins disposed at least partially therein, the respective alignment pins guiding linear translation of the axle catch in the direction parallel to the axis of the axle. Though Widenhouse et al. (US 20220361886 A1) teaches a handle with axle catch system to lock the axle Widenhouse et al. fails to disclose the axle catch includes one or more alignment pin channels that have axes that are parallel with the axis of the axle and are configured to have respective alignment pins disposed at least partially therein, the respective alignment pins guiding linear translation of the axle catch in the direction parallel to the axis of the axle and one of ordinary skill would recognize that adding one or more alignment pin channels that have axes that are parallel with the axis of the axle and are configured to have respective alignment pins disposed at least partially therein, the respective alignment pins guiding linear translation of the axle catch in the direction parallel to the axis of the axle would require rearrangement of the axle catch member and handle to have a pin locking system. Having the efficiency and precise limiting of stopper member/axle catch to stop rotation of the axle provides a lockout feature with one or more alignment pin channels that have axes that are parallel with the axis of the axle and are configured to have respective alignment pins disposed at least partially therein, the respective alignment pins guiding linear translation of the axle catch in the direction parallel to the axis of the axle that prevents inadvertent use/activation and a safer driving system for clamping/firing of fasteners in a surgical area.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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