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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19, and Species 3 (Figs. 58-61 and 73) in the reply filed on 8/11/2026 is acknowledged.
Claims 9, 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/11/2026. Claim 20 is directed to a non-elected method, while claims 9 and 19 are drawn to species 1 or 2, which teach the claimed artificial muscle.
Information Disclosure Statement
The information disclosure statements submitted on 5/19/2025, 6/12/2025, 8/13/2025 and 8/11/2026 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8, 14-15 and 17-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “distal ends of second bending portions” which is unclear and renders the claims indefinite. Specifically, each of the two arms are claimed to have a second bending portion, and the additional recitation of “second bending portions” makes it unclear how many second bending portions are required by the claims, and which are being referenced as being spaced apart.
Claim 2 recites “the second bending portion” which is unclear and renders the claims indefinite. Specifically, multiple second bending portions are previously claimed, and it is unclear which is being referenced.
Claim 4 recites “the second bending portion” and is unclear for the same reasons given for claim 2 above.
Claim 5 recites “the wire includes a first wire….and a second wire…” which is unclear and renders the claims indefinite. Specifically, the number of wires required by the claim cannot be determined, as the claims do not define a plurality of wires including a first and a second wire, and instead attempt to claim both a single wire and plural wires simultaneously.
Claim 6 recites “the arm” which is unclear and renders the claims indefinite. Specifically, two arms are previously claimed, and it is unclear which arm is being referenced.
Claim 7 recites “the second bending portion” which is unclear for the same reasons given for claim 2 above.
Claim 8 recites “the lateral direction” in line 5 and again in line 7. There is no antecedent basis for the term in the claims, and it is unclear how the claimed lateral direction relates to the claimed “left-right direction” and the claimed “longitudinal direction”.
Claim 14 recites “the second bending portion” which is unclear for the same reasons given for claim 2 above.
Claim 15 recites “the wire includes a first wire…and a second wire…” which is unclear for the same reasons given for claim 5 above.
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.
(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.
Claim(s) 1-8 and 10-18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Stahler et al. (USPN 8,409,234).
Stahler discloses a medical manipulator and medical manipulator system, comprising:
a manipulator flexible portion (63) extending in a longitudinal direction (generally considered to be along the length of 63); a drive unit (15) that drives the medical manipulator; and a control device (5) that controls the drive unit; and two arms (each of 102, see Fig. 14B) arranged at a distal end (62) of the manipulator flexible portion, wherein the two arms are arranged in a left-right direction (see Fig. 14B) perpendicular to the longitudinal direction, each of the two arms includes a second bending portion (elements 205), and distal ends (near 250) of second bending portions of the two arms are spaced apart in the left-right direction by bending (see Fig. 14B) the second bending portions; wherein the second bending portion further includes a first shoulder joint (first half of elements 205 near 250) provided at a distal end side (nearest 250) and a second shoulder joint (other half of elements 205 nearest 62) provided at a proximal end side (nearest 62), and the distal ends of the second bending portions of the two arms are spaced apart in the left- right direction by bending (see Fig. 14B) the first shoulder joint and the second shoulder joint; wherein each of the first shoulder joints of the two arms can be bent in a direction toward each other (see Fig. 14B) in the left-right direction, and each of the second shoulder joints of the two arms can be bent in a direction away (see Fig. 14B) from each other in the left-right direction; wherein the second bending portion includes a wire (207) for bending the second bending portion; wherein the wire includes a first wire (one of 207) for bending the first shoulder joint and a second wire (another of 207) for bending the second shoulder joint; wherein the arm has a channel (central hole along elements 205) for inserting a treatment tool; wherein the second bending portion has a plurality of bending pieces (205) arranged along the longitudinal direction, and wherein each of the plurality of bending pieces has an insertion hole (central hole of 205) through which a treatment tool is inserted, a wire hole (277) through which the wire is inserted, and a spacer (267) protruding in the longitudinal direction; wherein the longitudinal length (see Fig. 17A, 277 penetrates the entire thickness of 205 from 271 to 273) of the wire hole is longer than the longitudinal length (see Fig. 17A, length of spacer is form the tip of 267 to the top of 271) of the spacer, wherein the first shoulder joints of the two arms are provided such that the wire holes (at least one of the wire holes 277 would be considered to be on the outer side in a lateral direction) are positioned on the outer side in the lateral direction, and wherein the second shoulder joints of the two arms are provided such that the wire holes (at least one of the wire holes 277 would be considered to be on an inner side in a lateral direction) are positioned on the inner side in the lateral direction; further comprising an insertion manipulator (251) through which the medical manipulator is inserted, and wherein the insertion manipulator has a notch (279, see Fig. 22B) on its distal end surface, and the second shoulder joint (via one of 267) fits into the notch when bent (one of 267 of the second shoulder joint would fit into the notch when bent); further comprising a treatment tool (41) inserted into the medical manipulator, wherein the arm has a channel (central hole through elements 205) through which the treatment tool is inserted; wherein the second bending portion includes a plurality of bending pieces arranged along the longitudinal direction, and wherein each of the plurality of bending pieces includes an insertion hole through which the treatment tool is inserted, a wire hole through which the wire is inserted, and a spacer protruding in the longitudinal direction; and wherein the longitudinal length of the wire hole is longer than the longitudinal length of the spacer, the bending pieces are provided in the first shoulder joints of the two arms so that the wire hole is located on the outer side in the left-right direction, and the bending pieces are provided in the second shoulder joints of the two arms so that the wire hole is located on the inner side in the left-right direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618
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