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 July 14, 2025 has been entered. Claims 2-21 are pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 4, 2025 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 13-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites the limitation “the radially stacked cylindrical layers . . . configured to slide laterally with respect to each other.” Similarly, claim 13 recites “wherein the radially stacked cylindrical layers are configured to slide laterally with respect to each other.”
The Specification does not include any mention or depiction of radially stacked cylindrical layers configured to slide laterally with respect to each other.
Thus, the subject matter of radially stacked cylindrical layers configured to slide laterally with respect to each other was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 14-21 are rejected as being dependent from claim 13 and failing to remedy the written description issue.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 7 of Licht et al. (U.S. Patent No. 10959797; hereinafter “Licht ‘797”) in view of Nomura et al. (U.S. Patent Application Publication No. 20090247820; hereinafter “Nomura”).
Regarding claim 1, as presented in the table below, claim 1 of Licht ‘797 recite the same limitations as application claim 2, except for the cable management guide including a plurality of radially stacked cylindrical layers.
Nomura, a reference in the endoscopic instrument field of endeavor, teaches providing a cable management guide with a plurality of radially-stacked cylindrical layers (3, 4; Fig. 1; paras. [0054]-[0057]) to prevent articulation forces from interfering with operation of a transmission cable (5; para. [0064]). Nomura also teaches that polymeric materials (paras. [0056],[0094]) and metal materials (para. [0005]) were suitable materials for cylindrical layers.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the cable management guide with a plurality of radially stacked cylindrical layers comprising a composite of polymeric materials and metal materials, in view of Nomura, in order to prevent articulation forces from interfering with operation of the transmission cable during a procedure.
Application Claim 2
Licht ‘797 Claim 1
2. A medical device having an articulating multi-cluster joint, the device comprising:
a tool shaft;
an end-effector distal to a distal end of the tool shaft;
wherein the multi-cluster joint is between the tool shaft and the end-effector, and includes:
a plurality of joint clusters wherein each joint cluster has a joint cluster axis in a nonarticulated state, and wherein each joint cluster provides two or more orthogonal degrees of rotational freedom, further wherein each joint cluster includes an opening passing through the joint cluster along the joint cluster axis;
a first length of end-effector transmission cable and a second length of end-effector transmission cable; and
a cable management guide routed through the openings of a plurality of the joint clusters,
the cable management guide having a longitudinal axis,
the cable management guide further comprising a plurality of radially stacked cylindrical layers comprising a composite of polymeric materials and metal materials that route and
house the first length of end-effector transmission cable and the second length of end-effector transmission cable,
wherein the cable management guide is configured to limit lateral movement of the first length of end-effector transmission cable within each opening through the joint clusters while permitting the first length of end-effector transmission cable and the second length of end-effector transmission cable to move axially along the longitudinal axis of the
cable management guide.
1. A medical device having an articulating multi-cluster joint, the device comprising:
a tool shaft;
an end-effector distal to a distal end of the tool shaft;
wherein the multi-cluster joint is between the tool shaft and the end-effector, and includes:
a plurality of joint clusters wherein each joint cluster has a joint cluster axis in a non-articulated state, and wherein each joint cluster provides two orthogonal degrees of rotational freedom, further wherein each joint cluster includes an opening passing through the joint cluster along the joint cluster axis;
a first length of end-effector transmission cable and a second length of end-effector transmission cable; and
a cable management guide routed through the openings of a plurality of the joint clusters
so that there is a lateral gap between the openings of the plurality of the joint clusters and the cable management guide,
the cable management guide having a longitudinal axis,
the cable management guide further having a first lumen within which the first length of end-effector transmission cable extends and a second lumen within which the second length of end-effector transmission cable extends,
wherein the cable management guide is configured to limit lateral movement of the first length of end-effector transmission cable within each opening through the joint clusters while permitting the first length of end-effector transmission cable and the second length of end-effector transmission cable to move axially along the longitudinal axis of the cable management guide,
further wherein the cable management guide is secured to the plurality of joint clusters to prevent rotation of the cable management guide relative to the multi-cluster joint about the longitudinal axis of the cable management guide.
Regarding claim 3, Nomura discloses wherein the cable management guide comprises an outer layer, a medial layer, and an inner layer (Fig. 1).
Regarding claim 4, Nomura discloses wherein the radially stacked cylindrical layers are discrete layers (Fig. 1) configured to slide laterally with respect to each other (e.g., during bending of the device; para. [0064]).
Regarding claim 5, Nomura discloses wherein the radially stacked cylindrical layers are arranged so that more radially outward cylindrical layers of the radially stacked cylindrical layers are stiffer than more radially inward cylindrical layers (e.g., due to different winding configurations; paras. [0039]-[0058]).
Regarding claim 6, Nomura discloses metallic braided wires configured to provide radial stiffness to resist S-bending (para. [0005],[0055]).
Regarding claim 7, claim 1 of Licht ‘797 recites the same limitations as application claim 7.
Regarding claim 8, Nomura disclose wherein all of the cylindrical layers of the plurality of radially stacked cylindrical layers comprises are concentrically arranged (Fig. 1).
Regarding claims 9-10, claim 1 of Licht ‘797 recites the same limitations as application claim 9-10.
Regarding claims 11-12, claims 3 and 7 of Licht ‘797 recite the same limitations as application claims 11-12.
Claims 13-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7 of Licht ‘797 in view of Nomura.
Regarding claim 13, as presented in the table below, claim 1 of Licht ‘797 recite the same limitations as application claim 13, except for the cable management guide including a plurality of radially stacked cylindrical layers.
Nomura, a reference in the endoscopic instrument field of endeavor, teaches providing a cable management guide with a plurality of radially-stacked cylindrical layers (3, 4; Fig. 1; paras. [0054]-[0057]) configured to slide laterally with respect to each other (e.g., during bending of the device; para. [0064] to prevent articulation forces from interfering with operation of a transmission cable (5; para. [0064]). Nomura also teaches that polymeric materials (paras. [0056],[0094]) and metal materials (para. [0005]) were suitable materials for cylindrical layers.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the cable management guide with a plurality of radially stacked cylindrical layers comprising a composite of polymeric materials and metal materials wherein the radially stacked cylindrical layers are configured to slide laterally with respect to each other, in view of Nomura, in order to prevent articulation forces from interfering with operation of the transmission cable during a procedure.
Application Claim 13
Licht ‘797 Claim 1
13. A medical device having an articulating multi-cluster joint, the device comprising:
a tool shaft;
an end-effector distal to a distal end of the tool shaft;
wherein the multi-cluster joint is between the tool shaft and the end-effector, and includes:
a plurality of joint clusters wherein each joint cluster has a joint cluster axis in a nonarticulated state, and wherein each joint cluster provides two or more orthogonal degrees of rotational freedom, further wherein each joint cluster includes an opening passing through the joint cluster along the joint cluster axis;
a first length of end-effector transmission cable and a second length of end-effector transmission cable; and
a cable management guide routed through the openings of a plurality of the joint clusters,
the cable management guide having a longitudinal axis,
the cable management guide further comprising a plurality of radially stacked cylindrical layers comprising a composite of polymeric materials and metal materials that
route and house the first length of end-effector transmission cable and the second length of end-effector transmission cable, and
wherein the radially stacked cylindrical layers are configured to slide laterally with respect to each other, further
wherein the cable management guide is configured to limit lateral movement of the first length of end-effector transmission cable within each opening through the joint clusters while permitting the first length of end-effector transmission cable and the second length of end-effector transmission cable to move axially along the longitudinal axis of the cable management guide;
wherein the cable management guide is secured to the plurality of joint clusters to prevent rotation of the cable management guide relative to the multi-cluster joint about the longitudinal axis of the cable management guide.
1. A medical device having an articulating multi-cluster joint, the device comprising:
a tool shaft;
an end-effector distal to a distal end of the tool shaft;
wherein the multi-cluster joint is between the tool shaft and the end-effector, and includes:
a plurality of joint clusters wherein each joint cluster has a joint cluster axis in a non-articulated state, and wherein each joint cluster provides two orthogonal degrees of rotational freedom, further wherein each joint cluster includes an opening passing through the joint cluster along the joint cluster axis;
a first length of end-effector transmission cable and a second length of end-effector transmission cable; and
a cable management guide routed through the openings of a plurality of the joint clusters
so that there is a lateral gap between the openings of the plurality of the joint clusters and the cable management guide,
the cable management guide having a longitudinal axis,
the cable management guide further having a first lumen within which the first length of end-effector transmission cable extends and a second lumen within which the second length of end-effector transmission cable extends,
wherein the cable management guide is configured to limit lateral movement of the first length of end-effector transmission cable within each opening through the joint clusters while permitting the first length of end-effector transmission cable and the second length of end-effector transmission cable to move axially along the longitudinal axis of the cable management guide,
further wherein the cable management guide is secured to the plurality of joint clusters to prevent rotation of the cable management guide relative to the multi-cluster joint about the longitudinal axis of the cable management guide.
Regarding claim 14, Nomura discloses wherein the cable management guide comprises an outer layer, a medial layer, and an inner layer (Fig. 1).
Regarding claim 15, Nomura discloses wherein the radially stacked cylindrical layers are discrete layers (Fig. 1).
Regarding claim 16, Nomura discloses wherein the radially stacked cylindrical layers are arranged so that more radially outward cylindrical layers of the radially stacked cylindrical layers are stiffer than more radially inward cylindrical layers (e.g., due to different winding configurations; paras. [0039]-[0058]).
Regarding claim 17, Nomura discloses the cable management guide further comprises metallic braided wires configured to provide radial stiffness to resist S-bending (paras. [0005],[0055]).
Regarding claim 18, claim 1 of Licht ‘797 recites the same limitations as application claim 18.
Regarding claim 19, Nomura discloses wherein all of the cylindrical layers of the plurality of radially stacked cylindrical layers comprises are concentrically arranged (Fig. 1).
Regarding claims 20-21, claims 1 and 7 of Licht ‘797 recite the same limitations as application claims 20-21, respectively.
Conclusion
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/JONATHAN A HOLLM/Examiner, Art Unit 3771
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