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 5-6 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 5 recites the limitation "the distal portion of the endoscope" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the distal portion of the endoscopic instrument" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim.
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)(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto et al. (US 2022/0241035 A1).
Regarding claim 1, Yamamoto discloses a method for cleaning an endoscopic instrument (imaging endoscope; Figs. 6A-6F) of a robotic surgical system, the method comprising: in response to receiving an input to effectuate a cleaning of the endoscopic instrument (par. [0129]-[0131] – input via the automatic cleaning button), robotically retracting the endoscopic instrument from a patient (par. [0127]-[0128]); and robotically moving an elongated shaft of the endoscopic instrument, relative to a longitudinal axis of the endoscopic instrument, from an unarticulated position to an articulated position (par. [0073]-[0074] – via wires) after the elongated shaft of the endoscopic instrument is fully withdrawn from the patient.
Regarding claim 2, Yamamoto discloses the method of claim 1, wherein the elongated shaft includes a distal portion (distal portion of imaging endoscope; Figs. 6A-6F), the method further comprising moving the distal portion of the elongated shaft relative to a proximal portion of the elongated shaft (par. [0073]-[0074] – via wires).
Regarding claim 3, Yamamoto discloses the method of claim 2, further comprising robotically moving the elongated shaft of the endoscopic instrument (imaging endoscope; Figs. 6A-6F) after the distal portion of the elongated shaft is withdrawn from a surgical port assembly (Fig. 6A – imaging endoscope lumen).
Regarding claim 4, Yamamoto discloses the method of claim 2, further comprising receiving an input from a control drive unit (3; par. [0129]; Fig. 2B) that is configured to support and drive the endoscopic instrument.
Regarding claim 5, Yamamoto discloses the method of claim 2, wherein the endoscopic instrument is an endoscope (imaging endoscope; Figs. 6A-6F), and wherein the method includes articulating the distal portion of the endoscope to present a distal lens (par. [0119]-[0123]) of the endoscope for cleaning.
Regarding claim 6, Yamamoto discloses the method of claim 3, further comprising, in response to receiving an input (par. [0129]-[0131]), robotically moving the distal portion of the endoscopic instrument (imaging endoscope; Figs. 6A-6F) from an angled position, relative to the longitudinal axis, to a position that is coaxial with the longitudinal axis (Figs. 6A-6F; par. [0073]-[0074] – via wires).
Regarding claim 7, Yamamoto discloses the method of claim 6, further comprising robotically inserting the endoscopic instrument (imaging endoscope; Figs. 6A-6F) distally back through the surgical portal assembly and into the patient after the distal portion is moved to the coaxial position (par. [0073]-[0074] – via wires).
Regarding claim 8, Yamamoto discloses the method of claim 1, wherein robotically retracting the endoscopic instrument is caused by a receipt of an input signal from a surgeon console (par. [0073] – surgeon console unit).
Regarding claim 9, Yamamoto discloses the method of claim 2, wherein robotically moving the distal portion of the elongated shaft (of imaging endoscope; Figs. 6A-6F) relative to the proximal portion of the elongated shaft includes pitching the distal portion relative to the proximal portion (par. [0073]-[0074] – via wires).
Regarding claim 10, Yamamoto discloses the method of claim 1, wherein robotically retracting the endoscopic instrument includes axially retracting an endoscopic drive unit (par. [0020] – actuation unit or motorbox; Fig. 4A) of the control drive unit into the control drive unit.
Regarding claim 11, Yamamoto discloses a robotic surgical system comprising: a control drive unit (3; par. [0129]; Fig. 2B); an endoscope drive unit (par. [0020] – actuation unit or motorbox; Fig. 4A); an endoscopic instrument selectively attachable to the endoscope drive unit (Fig. 4 – via docking mechanism), the endoscopic instrument defining a longitudinal axis and including an elongated shaft supporting a distal lens (par. [0119]-[0123]); and a control pad coupled to the control drive unit, the control pad including a cleaning button (par. [0129]-[0131] – input via the automatic cleaning button), the cleaning button being configured to cause the elongated shaft to move (par. [0073]-[0074] – via wires) relative to the longitudinal axis from an insertion position (Fig. 6C; par. [0120]-[0121] and [0143]-[0144]) to a cleaning position (Fig. 6D; par. [0119]-[0121] and [0143]-[0144]), in response to an actuation of the cleaning button.
Regarding claim 12, Yamamoto discloses the robotic surgical system of claim 11, wherein a distal portion of the elongated shaft is movable relative to a proximal portion of the elongated shaft (par. [0073]-[0074] – via wires), when a longitudinal axis of the distal portion is angled relative to a longitudinal axis of the proximal portion (Figs. 6C-6D).
Regarding claim 13, Yamamoto discloses the robotic surgical system of claim 12, wherein the distal portion is coaxial with the proximal position when the elongated shaft is in the insertion position (Fig. 6D-6E).
Regarding claim 14, Yamamoto discloses the robotic surgical system of claim 11, wherein the control pad includes an endoscope translation button (par. [0127] and [0129] – switch for position change) that is operably coupled to the endoscope drive unit and configured to cause the endoscope drive unit to axially translate relative to the control drive unit in response to an actuation of the endoscope translation button (par. [0127] and [0129]).
Regarding claim 15, Yamamoto discloses the robotic surgical system of claim 14, wherein, when the endoscopic instrument is disposed in a retracted position upon actuation of the endoscope translation button (par. [0121], [0127] and [0129]; Fig. 6D), the endoscope drive unit is distally advanced out of the control drive unit for advancing the endoscopic instrument through a surgical portal assembly and into a patient (Fig. 6C; par. [0121]).
Regarding claim 16, Yamamoto discloses the robotic surgical system of claim 15, wherein the control drive unit further includes a support bar assembly (Fig. 4A – endoscope holder) that supports the surgical portal assembly.
Regarding claim 17, Yamamoto discloses the robotic surgical system of claim 16, wherein the support bar assembly (Fig. 4A – endoscope holder) supports the control pad on a first side of the support bar assembly (Fig. 4A).
Regarding claim 18, Yamamoto discloses the robotic surgical system of claim 17, wherein the support bar assembly supports a second control pad (par. [0057] – knob-type switch) on a second side of the support bar assembly.
Regarding claim 19, Yamamoto discloses the robotic surgical system of claim 18, wherein the second control pad has a second cleaning button (par. [0129]-[0131] – input via the automatic cleaning button in combination with other switches and buttons) that is actuatable to control the endoscopic instrument.
Regarding claim 20, Yamamoto discloses a method for cleaning a distal portion of an endoscope of a robotic surgical system, the method comprising: in response to receiving an activation signal from an activation button (par. [0129]-[0131] – signal via the automatic cleaning button), to effectuate a cleaning of the endoscope, robotically: articulating a distal portion of an elongated shaft of the endoscope relative to a proximal portion of the endoscope (par. [0073]-[0074] – via wires), wherein a longitudinal axis of the distal portion is coaxial with a longitudinal axis of the proximal portion; retracting the endoscope from a patient (from position in Fig. 6C; par. [0120]-[0121] and [0143]-[0144]) and from a surgical port assembly (Fig. 6A) such that a distal lens (par. [0119]-[0123]) of the distal portion of the endoscope is withdrawn and free from the surgical port assembly (Fig. 6C); articulating the distal portion of the elongated shaft of the endoscope relative to the proximal portion of the endoscope (par. [0073]-[0074] – via wires), wherein the longitudinal axis of the distal portion is angled relative to the longitudinal axis of the proximal portion, and wherein the distal portion is oriented to facilitate a cleaning of the distal lens; articulating the distal portion of an elongated shaft of the endoscope relative to the proximal portion of the endoscope (par. [0073]-[0074] – via wires), wherein the longitudinal axis of the distal portion is again coaxial with the longitudinal axis of the proximal portion; and reinserting the endoscope into the patient, through the surgical port assembly (Fig. 6C).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYNAE E BOLER/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
9/8/26