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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leimbach et al. (US 2018/0132850; hereinafter “Leimbach”).
Regarding claim 1, Leimbach discloses a control unit for a medical device having an articulating shaft, the control unit comprising an interface being engageable by a hand of a user and a housing being attachable to the medical device (e.g. ¶¶ 211-212, 555), the control unit including control circuits programed to calculate a spatial orientation of an end effector and an articulation angle of the articulating shaft at the point of activation of a hovering mode (e.g. ¶¶ 399) and to activate articulation in order to maintain said end effector at the same spatial orientation with respect to a tissue when the medical device is maneuvered with respect to said tissue (e.g. ¶¶ 400-417, etc.).
Regarding claim 2, Leimbach discloses said control circuits calculate said spatial orientation of said end effector from signals from an inertial measurement unit (IMU) (e.g. ¶¶ 549).
Regarding claim 3, Leimbach discloses said control circuits calculate said articulation angle of the articulating shaft from a length of pull cables (e.g. ¶¶ 368, 401, etc.).
Regarding claim 4, Leimbach discloses said control circuits operate at least one motor to rotate the articulation shaft (e.g. ¶¶ 423).
Regarding claim 5, Leimbach discloses said interface is immovably attached to said housing of the control unit (e.g. Fig. 1).
Regarding claim 6, Leimbach discloses said interface includes a palm interface operable via a palm of said hand (e.g. ¶¶ 542, 555, etc.).
Regarding claim 7, Leimbach discloses said interface includes a finger interface being pivotally attached to said housing and being engageable by one or more fingers of said hand (e.g. ¶¶ 206-212).
Regarding claim 8, Leimbach discloses a restraint being pivotally attached to said palm interface and having an element capable of elastically deforming to apply a restraining force to a back of a hand when said palm is engaged with said palm interface (e.g. ¶¶ 544).
Regarding claim 9, Leimbach discloses said finger interface is configured for operating articulation of the articulating shaft of the medical device and operating an effector end of the medical device (e.g. ¶¶ 555).
Regarding claim 10, Leimbach discloses the control unit of claim 1 attached to a minimally invasive medical device having an articulatable shaft (e.g. ¶¶ 565, 575, etc.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
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