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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “holding device” in claim 1.
Claim limitation “holding device” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “device” as a substitute for means coupled with functional language “holding” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “holding device” described in the specification includes a clamping unit (Applicant’s specification, page 4, lines 8-16).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1-3 and 8-9 are objected to because of the following informalities:
Claim 1 should recited the word --An-- before the start of the claim i.e. it should recite --An interface for connecting-- instead of “Interface for connecting….”. This clarifies that it is a newly introduced interface.
Claim 1 recites “wherein the two connecting elements can be coupled to one another” but “the two” connecting elements was not explicitly introduced because at least one drive-side connecting element and at least one instrument-side connect element can be two or greater connecting elements. Thus it is suggested the claim is amended to recite --wherein two connecting elements can be coupled to one another--.
Claims 2 and 3 should recite --The interface-- instead of “Interface” so that they clearly indicates it is referring back to the previously introduced interface.
Claim 8 is objected to for including a square bracket at the end of the claim which should be deleted.
Claim 8 is objected to for use of the pronoun “itself” instead of specifying the element. For example it could be amended to recite –the clamping unit is designed to clamp the medical barrier between the clamping unit and an outer surface of the drive-side connecting element--.
Claim 9 should recite --A medical robot system-- instead of “Medical robot system” to clearly indicate it is a newly introduced element.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moll (US 2007/0043338).
Regarding claim 1, Moll discloses interface (Fig. 6; [0144], interface between instrument driver and instrument bases) for connecting a drive unit (16) (annotated Fig. 6 below; [0144], driver)
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to a medical instrument (30, 48, 18) ([0143], instruments provided for a medical procedure; [0144]), comprising:- at least one drive-side connecting element (40, 38) ([0142]; annotated Fig. 6) with at least one first coupling surface ([0142], annotated Fig. 6, top surface of drive-side connecting elements 40 and 38 that couples to an instrument 28 and is thus a coupling surface) and- at least one instrument-side connecting element (46, 48) (annotated Fig. 6; [0142]) with at least one second coupling surface ([0144], under surface of the elements 46, 48 [as seen in Fig. 8A for example] that couples to a drive unit 16) wherein the two connecting elements can be coupled to one another via the respective coupling surfaces ([0142, capable of intended use) with the interposition of a continuous medical barrier (60) (Fig. 12; [0148]) and- at least one holding device (132) ([0161], a control element interface assembly 132 is at the proximal portion 82 [Fig. 17] of instrument 18; per 112f analysis above, a holding device includes a clamping unit; [0161], the holding device 132 has an adjustment knob 134 and nut 142 where twisting of the drive engagement knob 134 causes the tapered nut 142 to urge the teeth 144 of the axle outward 223, thereby engaging whatever structures surround the lower portion of the axle, including, but not limited to a instrument driver interface socket 44 thus the knob and nut are a clamping unit in that they press the axle against the driver socket 44 to engage the driver socket and hold the instrument-side connecting element and driver-side connecting element together) which is designed to hold the connecting elements driver and instrument together in a coupled state ([0161], capable of intended use see above description regarding knob and nut holding the instrument-side connecting element and driver-side connecting element).
Regarding claim 2, Moll discloses the invention as described above with regard to claim 1.
Moll further discloses wherein the holding device has a clamping unit (134, 142) (see description above with regard to holding device in claim 1) which is designed to at least partially encompass at least one of the connecting elements in the coupled state ([0161; the knob and nut [clamping unit as described above with regard to claim 1] at least partially encompasses at least one of the connecting element in that the knob is mounted on the axel 54 which is a part of the instrument-side connecting element and thus the knob [part of clamping unit] partially encompasses at least one of the connecting elements).
Regarding claim 3, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein the clamping unit is arranged on the instrument-side connecting element ([0161], Fig. 6 shows a knob on the instrument-side connecting element and Fig. 17 shows knob 134 [part of clamping unit] of Fig. 35 on the instrument-side connecting element and the knob is mounted on the axel of the instrument-side connecting element and thus the clamping unit is arranged on the instrument-side connecting element).
Regarding claim 4, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein the clamping unit is movably guided in the peripheral direction of the connecting elements by means of a guide unit (54, 144) ([0161], the drive engagement knob may take a shape similar to a screw with a long threaded portion which extends through the axel [movably] and the nut urges teeth of the axel outward and thus the interior surface of the axel and teeth of the axel are a guide unit of knob screw and nut [clamping unit] in that they prevent the screw and the nut from moving in the peripheral direction [side to side] past the axel interior surface or past the teeth) of the instrument-side connecting element ([0161], guide unit 54, 144 is a part of the instrument-side connecting element) between a release position and a clamping position ([0161], release position is when the nut does not urge the teeth of the axle outward and a clamping position is when the nut urges the teeth of the axle outward to engage the socket of the drive-side connecting element).
Regarding claim 5, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein the holding device comprises a locking unit (142, 144) ([0161]) which is designed to reversibly fix the clamping unit is a clamping position (Twisting of the drive engagement knob (134) causes the tapered nut (142) to urge the teeth (144) of the axle outward (223), thereby engaging whatever structures surround the lower portion of the axle, including, but not limited to an instrument driver interface socket (44); NOTE: the nut and teeth unit are a lock in that they fix the axle in a clamping position engaged with the socket] and it is implied that twisting the knob in the opposite direction would reverse the clamped/locked position).
Regarding claim 6, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein an inner surface of the clamping unit runs at least partially parallel to an outer surface of the instrument-side connecting element and/or an outer surface of the drive-side connecting element (NOTE: nut 142 is a part of the clamping unit and an inner surface of the nut runs at least partially parallel to an outer surface of the instrument side connecting element e.g. outer side of axel 54 which is a part of the instrument-side connecting element; [0161]).
Regarding claim 7, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein the drive-side connecting element and/or the instrument-side connecting element has a receiving groove (54) ([0161], opening in the axel is a groove) in which the clamping unit is at least partially received ([0161]; the long threaded portion of the knob 134 [part of the clamping unit] extends through the axel and is thus received by the axel).
Regarding claim 8, Moll discloses the invention as described above with regard to claim 2.
Moll further discloses wherein the clamping unit is designed to clamp the medical barrier between itself and an outer surface of the drive-side connecting element] (Fig. 12; Fig. 14; [0148]; the drape has a sleeve 66 which engages an axel which engages a socket of the drive-side connecting element and thus the medical barrier would be between the knob [part of the clamping unit] and an outer surface of the drive connecting element as seen in Fig. 12).
Regarding claim 9, Moll discloses the invention as described above with regard to claim 1.
Moll further discloses medical robot system (32) comprising an interface (Fig. 6; [0144], interface between instrument driver and instrument bases; NOTE: element 18 and 16 are connected to or a part of the instrument-side connecting element and/or the drive-side connecting element as seen in Fig. 6, and elements 16 and 18 are shown in Fig. 1 as a part of the robotic catheter system 32 and thus the robotic system comprises the interface).
Regarding claim 10, Moll discloses the invention as described above with regard to claim 9.
Moll further discloses the drive unit (16) ([0147]) which is connected to the drive-side connecting element (see annotated Fig. 6 above with regard to the claim 1 rejection showing the drive unit 16 connected to the drive-side connecting element).
Regarding claim 11, Moll discloses the invention as described above with regard to claim 9.
Moll further discloses the medical instrument (18) ([0143], [0144]; instrument 18 is provided for a medical procedure) which is connected to the instrument-side connecting element (48, 46; Fig. 6).
Regarding claim 12, Moll discloses the invention as described above with regard to claim 9.
Moll further discloses the medical barrier (60) which is clamped between the drive-side connecting element and the instrument-side connecting element (Fig. 12; [0148]; [0161]; the drape has a sleeve 66 which engages an axel which engages a socket of the drive-side connecting element and when the nut 142 of the clamping element engages the axel 54 and the teeth engage the socket 44 of the drive-side connecting element the drape would be clamped between the drive-side connecting element and the instrument side connecting element).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
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/G.M./ Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786
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