Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-8989898 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Okamoto et al. (U.S. Patent Application Publication 2010/0318100).
Regarding claim 1, Okamoto et al. disclose a system comprising:
a flexible tube comprising a main tube (“manipulator insertion portion 37g,” see [0051] and figure 3) and a steering section (“bending portion 51g,” see [0051] and figure 3) that is distal to the main tube;
a backend mechanism (comprising: everything located proximally with respect to the proximal end of “manipulator insertion portion 37g,” see [0051]-[0052] and figure 3) coupled to the main tube, the backend mechanism comprising:
a first capstan (comprising: one or more of “68hp” and “68gp,” see [0052] and figure 3) that is rotatably mounted; and
a second capstan (comprising: one or more of “68hy” and “68gy,” see [0052] and figure 3) that is rotatably mounted;
a first pair of tendons (pitch axial rotational manipulator wires 69gp and 69hp, see [0052] and figure 3) for controlling a pitch angle of the steering section, the first pair of tendons comprising:
a first tendon (a first of pitch axial rotational manipulator wires 69gp and 69hp, see [0052] and figure 3) having a first portion connected to the steering section and extending down the main tube to the first capstan and a second portion wound around the first capstan in a first direction; and
a second tendon (a second of pitch axial rotational manipulator wires 69gp and 69hp, see [0052] and figure 3) having a first portion connected to the steering section and extending down the main tube to the first capstan and a second portion wound around the first capstan in a second direction that is opposite the first direction;
a second pair of tendons (yaw axial rotational manipulator wires 69gy and 69hy, see [0052] and figure 3) for controlling a yaw angle of the steering section, the second pair of tendons comprising:
a third tendon (a first of yaw axial rotational manipulator wires 69gy and 69hy, see [0052] and figure 3) having a first portion connected to the steering section and extending down the main tube to the second capstan and a second portion wound around the second capstan in a third direction; and
a fourth tendon (a second of yaw axial rotational manipulator wires 69gy and 69hy, see [0052] and figure 3) having a first portion connected to the steering section and extending down the main tube to the second capstan and a second portion wound around the second capstan in a fourth direction that is opposite the third direction.
Regarding claim 3, Okamoto et al. disclose the claimed invention see [0052] and figure 3.
Regarding claims 4-6 and 19-20, Okamoto et al. disclose the claimed invention including the drive motors (see [0057], and [0059]) and the manipulators [0073].
Regarding claims 7-8, Okamoto et al. disclose the claimed invention including the springs (element 89 in figure 7).
Allowable Subject Matter
Claims 9-18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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/AARON F ROANE/Primary Examiner, Art Unit 3792