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 Objections
Claims 21-24 and 26 are objected to because of the following informalities:
Claim 21, line 1: “wherein the assembling” should read –wherein assembling--;
Claim 22, line 1: “wherein the adjusting” should read –wherein adjusting--;
Claim 23, line 1: “wherein the controlling” should read –wherein controlling--;
Claim 24, line 1: “wherein the controlling” should read –wherein controlling--; and
Claim 26, line 1: “wherein the controlling” should read –wherein controlling--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 23-24 and 26 are 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. Regarding claim 23, the claim depends on claim 18, which is a canceled claim. For examination purposes, claim 23 will be considered dependent on claim 17. 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.
Regarding dependent claims 24 and 26, dependent claims inherit the deficiencies from the claims from which they depend and are similarly rejected over 35 U.S.C. 112(d).
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 1-5, 12, 14-15, 17, and 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qu et al., CN 113244515, herein referred to as “Qu” (see attached document for references below).
Regarding claim 1, Qu discloses a puncture device end (Figure 7), comprising: an end effector (Figure 7); and a plurality of puncture needle mounting assemblies disposed in a circumferential direction along the end effector (Figure 7: there are a plurality of the devices shown in Figure 1 around the circumference of the system in Figure 7), wherein at least one of the plurality of puncture needle mounting assemblies includes: a first mounting member provided at a first end of the end effector (Figures 1 and 5-6: the assembly of rotating fixing part 4, sliding block 9, and motor 10); and a second mounting member provided at a second end of the end effector (Figures 1 and 5: movable joint part 1), wherein the first mounting member is capable of moving in a first direction with respect to the end effector (Page 8, second full paragraph), the second mounting member is capable of being fixedly provided with respect to the end effector (Page 9, second full paragraph), and the first direction is defined by the first mounting member and the second mounting member (Figure 1).
Regarding claim 2, Qu discloses the puncture device end of claim 1, wherein the at least one of the plurality of puncture needle mounting assemblies further includes: a puncture needle mounting slot configured to place one or more puncture needle assemblies (Figure 5-6: guide part 2 has a mounting slot opposite spiral line 2.1), the first mounting member being provided at a first end of the puncture needle mounting slot (Figures 1 and 5-6: the assembly of rotating fixing part 4, sliding block 9, and motor 10 is at one end of the slot), and the second mounting member being provided at a second end of the puncture needle mounting slot (Figures 1 and 5: movable joint part 1 is at the other end of the slot).
Regarding claim 3, Qu discloses the puncture device end of claim 1, wherein the second mounting member is provided with a puncture needle guiding structure (Figures 5-6: head 5 and Page 8, last paragraph), and/or the end effector is provided with a first mounting member guiding structure (optional).
Regarding claim 4, Qu discloses the puncture device end of claim 3, wherein when the puncture needle guiding structure is provided on the second mounting member structure (Figures 5-6: head 5 and Page 8, last paragraph), a guiding hole is provided on the puncture needle guiding structure (Figures 5-6: head 5 and Page 8, last paragraph), and an axial direction of the guiding hole is parallel to the first direction (Figures 5-6).
Regarding claim 5, Qu discloses the puncture device end of claim 1, wherein a first retractable structure is provided on the first mounting member and/or the second mounting member (Figures 5-6: rotating fixing part 5), and the first retractable structure is configured to adjust a distance between the first mounting member and/or the second mounting member and a puncture needle assembly distance between the first mounting member and/or the second mounting member and the end effector (Page 8, second full paragraph), and the plurality of puncture needle mounting assemblies that are retracted and adjusted based on the first retractable structure are parallel (Figure 7).
Regarding claim 12, Qu discloses the puncture device end of claim 1, wherein the plurality of puncture needle mounting assemblies are circumferentially and uniformly disposed around an axis of the end effector (Figure 7), and the plurality of puncture needle mounting assemblies are arranged parallel to an axial direction of the end effector (Figure 7).
Regarding claim 14, Qu discloses a puncture system (Figure 7), comprising: an active system configured to receive one or more user inputs and generate one or more control signals (Page 3, fourth and fifth paragraphs); and a passive system including a puncture device (Figure 1), and a robotic arm (Page 3, fifth paragraph), wherein the passive system executes one or more operations based on the one or more control signals (Page 3, fourth and fifth paragraphs), and wherein the puncture device end includes: an end effector (Figure 7); and a plurality of puncture needle mounting assemblies disposed in a circumferential direction along the end effector (Figure 7: there are a plurality of the devices shown in Figure 1 around the circumference of the system in Figure 7), wherein at least one of the plurality of puncture needle mounting assemblies includes: a first mounting member provided at a first end of the end effector (Figures 1 and 5-6: the assembly of rotating fixing part 4, sliding block 9, and motor 10); and a second mounting member provided at a second end of the end effector (Figures 1 and 5: movable joint part 1), wherein the first mounting member is capable of moving in a first direction with respect to the end effector (Page 8, second full paragraph), the second mounting member is capable of being fixedly provided with respect to the end effector (Page 9, second full paragraph), and the first direction is defined by the first mounting member and the second mounting member (Figure 1).
Regarding claim 15, Qu discloses the puncture system of claim 14, wherein the active system includes: a puncture parameter planning module configured to determine one or more puncture parameters of the puncture system (Page 3, fourth paragraph); a master hand configured to receive at least a portion of the one or more user inputs (Page 3, fifth paragraph); and a first processor configured to process the one or more puncture parameters and the one or more user inputs to generate the one or more control signals (Page 3, fifth paragraph).
Regarding claim 17, Qu discloses a method for controlling a puncture system (Abstract), comprising: obtaining information for an object to be processed for a puncture procedure (Page 3, fourth and fifth paragraphs); determining one or more puncture parameters of the puncture system based on the information for the object to be processed (Page 3, fourth and fifth paragraphs); and configuring a puncture device end of the puncture system based on the one or more puncture parameters (Page 3, fifth paragraph).
Regarding claim 19, Qu discloses the method of claim 17, wherein: the one or more puncture parameters include a count of target puncture needle assemblies and a target pose of each of the target puncture needle assemblies (Page 3, fourth and fifth paragraphs), the determining one or more puncture parameters of the puncture system based on the information for the object to be processed includes: determining the count of the target puncture needle assemblies and the target pose of each of the target puncture needle assemblies based on the information for the object to be processed (Page 3, fourth paragraph); and the configuring a puncture device end of the puncture system based on the one or more puncture parameters includes: for each of the target puncture needle assemblies, assembling the target puncture needle assembly to the puncture device end and adjusting the target puncture needle assembly to a corresponding target pose (Page 3, fifth paragraph).
Regarding claim 20, Qu discloses the method of claim 19, wherein the one or more puncture parameters further include at least one puncture position (Page 3, fifth paragraph), and the determining the count of the target puncture needle assemblies and the target pose of each of the target puncture needle assemblies based on the information for the object to be processed includes: determining the at least one puncture position based on the information for the object to be processed (Page 3, fourth paragraph); determining an effective position range for each of the at least one puncture position (Page 3, fourth paragraph); and for each effective position range, determining a target pose of a target puncture needle assembly corresponding to the effective position range based on the effective position range (Page 3, fifth paragraph).
Regarding claim 21, Qu discloses the method of claim 19, wherein the assembling the target puncture needle assembly to the puncture device end and adjusting the target puncture needle assembly to a corresponding target pose includes: determining a mounting position of the target puncture needle assembly on an end effector of the puncture device end based on the target pose (Page 3, fifth paragraph); and assembling the target puncture needle assembly to the puncture device end based on the mounting position and moving the puncture device end to adjust the target puncture needle assembly to the target pose (Page 3, fifth paragraph and Page 6, second to last paragraph).
Regarding claim 22, Qu discloses the method of claim 19, wherein the adjusting the target puncture needle assembly to a corresponding target pose includes: rotating an end effector of the puncture device end to a target angle such that the target puncture needle assembly provided on the end effector is adjusted to the corresponding target pose; and/or adjusting a position of the target puncture needle assembly with respect to the end effector to adjust the target puncture needle assembly to the corresponding target pose (Page 3, fifth paragraph).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Qu in view of Takizawa et al., US 20110202065, herein referred to as “Takizawa”.
Regarding claim 6, Qu discloses the puncture device end of claim 1, further comprising: a puncture needle assembly mounted on the plurality of puncture needle mounting assemblies through the first mounting member and the second mounting member (Figures 1 and 5-6: puncture needle 6). Qu does not explicitly disclose a puncture device end wherein the puncture needle assembly includes an inner needle and an outer needle, the inner needle is nested inside the outer needle, and the outer needle is selectively connected to or disconnected from the inner needle by a connecting structure.
However, Takizawa teaches a puncture device end (Figures 13A-B) wherein the puncture needle assembly includes an inner needle and an outer needle (Figures 13A-B: inner needle 402 and outer needle 406), the inner needle is nested inside the outer needle ([0115]: “an inner needle 402 slidably inserted in the lumen of the outer needle 406”), and the outer needle is selectively connected to or disconnected from the inner needle by a connecting structure ([0115]: “an inner needle 402 slidably inserted in the lumen of the outer needle 406” and [0069]: “In order to prevent the inner needle from becoming positionally displaced, the outer needle base should preferably have a fixing mechanism for removably engaging and fixing the inner needle base.”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the puncture device end disclosed by Qu so that the puncture needle assembly includes an inner needle and an outer needle, the inner needle is nested inside the outer needle, and the outer needle is selectively connected to or disconnected from the inner needle by a connecting structure as taught by Takizawa so that the device can be used in a bone cement injection procedure (Takizawa [0115]).
Regarding claim 7, Qu in view of Takizawa discloses the puncture device end of claim 6, and Takizawa further discloses a device wherein: the inner needle includes an inner needle body and an inner needle cap (Figures 13A-B: inner needle 402 and inner needle base 404); the outer needle includes an outer needle body and an outer needle cap (Figures 13A-B: outer needle 406 and outer needle base 408); and the connecting structure includes a second retractable structure provided on one of the inner needle cap and the outer needle cap (Figures 13A-B: protrusions 451 and 452), and a depression provided on the other of the inner needle cap and the outer needle cap (Figures 13A-B: grooves 453 and 454), the second retractable structure being configured to cooperate with or separate from the depression ([0137]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the puncture device end disclosed by Qu so that the inner needle includes an inner needle body and an inner needle cap; the outer needle includes an outer needle body and an outer needle cap; and the connecting structure includes a second retractable structure provided on one of the inner needle cap and the outer needle cap, and a depression provided on the other of the inner needle cap and the outer needle cap, the second retractable structure being configured to cooperate with or separate from the depression as taught by Takizawa so that the device can be used in a bone cement injection procedure (Takizawa [0115]).
Claim 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Qu in view of Takizawa, further in view of Boggs, II et al., US 20190060642, herein referred to as “Boggs”.
Regarding claim 8, Qu in view of Takizawa discloses the puncture device end of claim 6, but does not explicitly disclose a puncture device end wherein a material of the outer needle includes an electrically insulating material.
However, Boggs teaches a device wherein a material of the outer needle includes an electrically insulating material ([0204]: “a coating (e.g., insulative, polymeric) may be partially or completely applied to any surfaces (e.g., conductive, metallic) in contact with the lead and/or the external needle (e.g., interior of inner needle or outer needle, exterior of inner needle)”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the puncture device end disclosed by Qu so that a material of the outer needle includes an electrically insulating material as taught by Boggs to prevent current discharge from undesired locations and enabling proper stimulation (Boggs [0204]).
Regarding claim 9, Qu in view of Takizawa discloses the puncture device end of claim 6, and Qu further discloses a device wherein an end of the inner needle is connected with the first mounting member (Page 8, second to last paragraph), and a position of the first mounting member is unlocked during discharge of the inner needle so that the inner needle is capable of moving in response to a movement of a puncture object (Page 7, fourth paragraph).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Qu in view of Kwok et al., US 20230293253, herein referred to as “Kwok”.
Regarding claim 23, Qu discloses the method of claim 18, but does not explicitly disclose a method wherein controlling the puncture device end to perform one or more actions based on the one or more control signals includes: controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously.
However, Kwok teaches a method wherein controlling the puncture device end to perform one or more actions based on the one or more control signals includes: controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously ([0012]: “To this end, described herein is a small sized patient-mounted robotic system for image-guided percutaneous needle placement, which allows simultaneous needle targeting and insertion at multiple locations with several robots.”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method disclosed by Qu so that controlling the puncture device end to perform one or more actions based on the one or more control signals includes: controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously as taught by Kwok so that the device can treat multiple locations at once (Kwok [0012]), reducing operation time.
Claims 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Qu in view of Kwok, further in view of Alhumaid, US 20150025560, herein referred to as “Alhumaid”.
Regarding claim 24, Qu in view of Kwok discloses the method of claim 23, but does not explicitly disclose a method wherein controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle and an outer needle of each of the plurality of target puncture needle assemblies to move together to a first position; controlling the inner needle to separate from the outer needle; and controlling the inner needle to continue to move to a second position.
However, Alhumaid teaches a method wherein controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle and an outer needle of each of the plurality of target puncture needle assemblies to move together to a first position; controlling the inner needle to separate from the outer needle; and controlling the inner needle to continue to move to a second position ([0081] and [0084]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method disclosed by Qu so that controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle and an outer needle of each of the plurality of target puncture needle assemblies to move together to a first position; controlling the inner needle to separate from the outer needle; and controlling the inner needle to continue to move to a second position as taught by Alhumaid so that inner needle can extend and retract in sequence with systole and diastole phases of heart contractions (Alhumaid [0005]).
Regarding claim 26, Qu in view of Kwok discloses the method of claim 23, but does not explicitly disclose a method wherein controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle of each of the plurality of target puncture needle assemblies to be retracted from a second position to a first position; controlling the inner needle to be connected with an outer needle of each of the plurality of target puncture needle assemblies; and controlling the inner needle to be retracted from the first position along with the outer needle.
However, Alhumaid teaches a method wherein controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle of each of the plurality of target puncture needle assemblies to be retracted from a second position to a first position ([0081] and [0084]); controlling the inner needle to be connected with an outer needle of each of the plurality of target puncture needle assemblies ([0081] and [0084] and Figure 11); and controlling the inner needle to be retracted from the first position along with the outer needle ([0081] and [0084] and Figure 11).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method disclosed by Qu so that controlling a plurality of target puncture needle assemblies on the puncture device end to perform the one or more actions synchronously includes: controlling an inner needle of each of the plurality of target puncture needle assemblies to be retracted from a second position to a first position; controlling the inner needle to be connected with an outer needle of each of the plurality of target puncture needle assemblies; and controlling the inner needle to be retracted from the first position along with the outer needle as taught by Alhumaid so that inner needle can extend and retract in sequence with systole and diastole phases of heart contractions (Alhumaid [0005]).
Conclusion
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/SEAN W COLLINS/Primary Examiner, Art Unit 3794
/N.W.R./Examiner, Art Unit 3794
