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 § 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 7, 8, 14, 15 and 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.
The term “preferably” in claims 7, 8, and 18 is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Preferably is an open ended term akin to widely well-known indefinite phrases like “such as” and “or the like.”
Claim 14 requires a “drive shaft, at least one gear transmission, at least one belt drive, at least one cable drive, at least one chain drive, and/or at least one rack-and-pinion transmission.” It is unclear how all of these transmission types can be used at the same time and claimed with an “and/or” statement. The claim will be examined under the assumption this is intended to be an “or” statement.
Claim 15 requires and “electromagnet, at least one piezo actuator, at least one hydraulic actuator, and/or at least one pneumatic actuator.” Similar to the rejection to claim 14, It is unclear how all of these actuator types can be used at the same time and claimed with an “and/or” statement. The claim will be examined under the assumption this is intended to be an “or” statement unless Applicant is able to show evidence there is a single embodiment that uses all types of actuators listed).
Appropriate correction is required.
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 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 1-20, as best understood where applicable, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lohmeier (US 2015/0173840).
Regarding claims 1 and 20, Lohmeier discloses an interface for connecting a drive unit to a medical instrument (see at least figure 1 which illustrates a mechanical interface and sterile barrier robotic surgery), comprising:
at least one drive-side coupling device with at least one first drive-side coupling surface (via the coupling surface of drive unit 1 of figure 1), and
at least one instrument-side coupling device, complementary to the drive-side coupling device, with at least one instrument-side coupling surface (via the coupling surface of instrument shaft 2 of figure 1),
wherein the drive-side and the instrument-side coupling devices can be mechanically coupled to one another with the interposition of a continuous medical barrier (sterile barrier 3 of figure 1 is disposed between parts 1 and 2. It is noted that due to the caveat “can be”, a medical barrier is not actually claimed at this point), and
wherein at least the drive-side coupling device includes at least one drive-side piston assembly with at least one piston which is adapted to be moved alternately in opposite directions (the equivalent pistons are referred to as drive units, see at least figure 1 at 10A,B and 20A,B. the figures show the drive units are able to be moved in opposite directions).
Regarding claim 2, Lohmeier discloses the alternating movement takes place along a reference axis which runs obliquely or perpendicular to the drive-side coupling surface (figure 1 illustrates a perpendicular orientation of the movement).
Regarding claim 3, Lohmeier discloses the drive-side piston assembly includes at least one further piston which is interdependently coupled to the at least one piston (via piston 10B of figure 1).
Regarding claim 4, Lohmeier discloses at least one lever device, wherein the at least one piston can be actuated together with the at least one further piston via the at least one lever device (via rocker 10C of figure 1 and at least [0190]).
Regarding claim 5, Lohmeier discloses the at least one drive-side piston assembly includes at least one cylinder guide which is adapted to guide the at least one piston and/or the at least one further piston during a movement along a guide axis (via the openings in drive unit 1 which allow the drive elements to be guided accurately).
Regarding claim 6, Lohmeier discloses each cylinder guide includes at least one guide sleeve (via coupling socket 200 of figure 16).
Regarding claim 7, Lohmeier discloses the at least one cylinder guide has at least one edge which is rounded at least in sections (see figures 18A-D which illustrates various chamfered or modified edges), preferably completely.
Regarding claim 8, Lohmeier discloses the at least one piston and/or the at least one further piston has at least one end face whose edge is rounded at least in sections (see at least figures 17A-17D which illustrates various possible shapes for the drive elements for friction reduction), preferably completely.
Regarding claim 9, Lohmeier discloses the drive-side piston assembly includes at least one spring device which is adapted to axially preload the at least one piston and/or the at least one further piston in a spring-loaded position to ensure reliable movement transmission to the medical instrument (see at least [0089] and/or the embodiment of figure 10 which adds spring element 3.1, or the more detailed drawings of figure 12 which illustrates spring 200.1 to preload the drive element. It is noted this embodiment is additive and thus does not appear to require an obviousness rejection due to a different embodiment cited).
Regarding claim 10, Lohmeier discloses at least one lifting device which is adapted to raise at least the at least one drive-side piston assembly and/or the drive-side coupling device to operatively couple the drive-side coupling device to the instrument-side coupling device (Lohmeier teaches various versions rocker arm 10c throughout the disclosure).
Regarding claim 11, Lohmeier discloses the drive-side coupling device includes a plurality of drive-side piston assemblies (see again figure 1 which discloses drive elements 10A,B).
Regarding claim 12, Lohmeier discloses each drive-side piston assembly is assigned a degree of freedom of the medical instrument (see at least [0006]).
Regarding claim 13, Lohmeier discloses the drive-side coupling device includes at least one drive source which is adapted to drive the lever device (see at least [0019, 0057, 0062] which teaches a motor is used to actuate the drive components).
Regarding claim 14, Lohmeier discloses the drive source includes at least one drive shaft, at least one gear transmission, at least one belt drive, at least one cable drive, at least one chain drive, and/or at least one rack-and-pinion transmission (Lohmeier teaches most these drive options in at least figures 1-4, 6, and 8-15, [0037, 0057, 0084, etc.).
Regarding claim 15, Lohmeier discloses the drive source includes at least one electromagnet, at least one piezo actuator, at least one hydraulic actuator, and/or at least one pneumatic actuator (see at least [0028, 0054, 0069, 0085]).
Regarding claim 16, Lohmeier discloses the at least one instrument-side coupling device includes at least one instrument-side piston assembly which is complementary to the at least one drive-side piston assembly and is adapted to absorb movements of the at least one drive-side piston assembly and/or to transmit movements to the at least one drive-side piston assembly (see again at least figure 1 which illustrates the transmission of movements between drive elements on both sides of the sterile barrier 3).
Regarding claim 17, Lohmeier discloses the complementary instrument-side piston assembly includes at least one complementary instrument-side piston and at least one further complementary instrument-side piston (see again at least figure 1+ at drive elements 20A,B which are equivalent to the instrument side pistons).
Regarding claim 18, Lohmeier discloses the at least one complementary instrument-side piston assembly has at least one edge which is rounded at least in sections (see again figures 17 and 18 as noted above for a similar claim recitation), preferably completely).
Regarding claim 19, Lohmeier discloses the complementary instrument-side piston assembly includes at least one instrument-side spring device, which is adapted to axially preload the at least one complementary instrument-side piston and/or the at least one further complementary instrument-side piston in a spring-loaded position to ensure a reliable coupling with the drive-side piston assembly (the same rejection to claim 9 applies since the equivalent pistons can be spring loaded, see at least [0089] and/or the embodiment of figure 10 which adds spring element 3.1, or the more detailed drawings of figure 23A which illustrates spring 200.1 to preload the drive element. It is noted this embodiment is additive and thus does not appear to require an obviousness rejection due to a different embodiment cited. See also [0200] and figure 4 which illustrates an equivalent instrument side spring).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached 892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON HOLLOWAY whose telephone number is (571)270-5786. The examiner can normally be reached M-F 9-5:30.
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/JASON HOLLOWAY/Primary Examiner, Art Unit 3658
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