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 .
Response to Amendment
Examiner acknowledges that no new claim amendments have been entered. Currently claims 1-22 are pending in the present application.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-8, 10-22 is/are rejected under 35 U.S.C. 103 as being anticipated by Berry et al. (US Patent No 20150257814) in view of Adler (WIPO Publication 2008053485).
Regarding claim 1, Berry teaches an apparatus comprising: a first auxiliary function unit (Electrosurgical energy unit or ESU 102, para [0048]) configured to control a first auxiliary function (in an exemplary embodiment, the ESU 102 is provided to provide a monopolar energy flux to the instrument, [0050], and therefore a monopolar energy flux is a first auxiliary function of the ESU) and comprising a front face, one or more first connector interfaces at the front face (may comprise a plurality of connectors, para [0007], found on the front face as seen in fig 3), the one or more first connector interfaces configured to be operably connected to one or more medical devices (supplying a flux to a plurality of surgical instruments, para [0007]) via mating engagement with one or more first transmission lines (surgical instruments are operationally coupled to the respective connectors, para [0007], and therefore have a mating engagement with a transmission line);
Regarding the second auxiliary unit of claim 1, Berry further discloses the surgical system may include one or more ESU’s 102A-102B, para [0048], and therefore teaches the second auxiliary function unit having all the same connection interfaces via transmission lines as disclosed previously.
Berry also teaches a user interface overlay panel (Display 412, para [0054]), wherein: the user interface overlay panel comprises a user interface control portion operably coupled to each of the first auxiliary function unit and second auxiliary function unit to alter control settings of each of the first auxiliary function unit and second auxiliary function unit in response to input at the user interface control portion (sections 440-443 may be displayed to view the information and/or controls for different surgical instruments, or auxiliary functions, operatively coupled to connectors of interface 410, para [0060]), and the user interface control portion comprises: a first user interface control area arranged to align with the one or more first connector interfaces, and a second user interface control area arranged to align with the one or more second connector interfaces (display 412 may be partitioned into display screen sections 440-444 associated with connectors 420-424, para [0059], and therefore can be arranged to align with first and second connector interfaces).
Berry does not explicitly teach exactly wherein the first auxiliary unit has a function being other than electrosurgical energy delivery and the second auxiliary function being electrosurgical energy delivery.
However, Berry does disclose in para [0057] that each of the ESU’s or auxiliary units are responsible for controlling the energy fluxes to a different and particular electrosurgical instrument which can consist of electrosurgical energy, image or audio streams, and fluid delivery as stated in paragraph [0044]. Therefore, if delivering different energy fluxes to particular instruments, each ESU is responsible for a different auxiliary function in which Berry discloses can be both electrosurgical energy delivery as well as non-electrosurgical delivery such as fluid or audio streams.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to implicitly take the teachings of Berry to allow for the first auxiliary function unit to have a function other than electrosurgical energy delivery, and a second auxiliary function unit to have a function comprising electrosurgical energy delivery to allow for a more complete electrosurgical unit that accounts for electrical and fluid or audio aspects during surgical treatments as taught by Berry in paragraph [0044].
Berry also does not explicitly disclose wherein the user interface control panel is overlying at least a portion of the front face of each of the first auxiliary function unit and the second auxiliary function unit and spanning a distance therebetween.
However, the analogous modular unit surgical system taught by Adler does disclose wherein the user interface control panel (see the interface unit 100, in fig 5-6) is overlying at least a portion of the front face of each of the first auxiliary function unit and the second auxiliary function unit and spanning a distance therebetween (from Adler figs 5 and 6, see in which the interface unit 100 is found to be spanning multiple auxiliary function units 92-98 on the front facing side of each respective unit).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the function unit apparatus taught by Berry, to contain the user interface panel which overlays the auxiliary functioning units taught by Adler as broadly as claimed as it would be another simplified way to allow the user to control and read the differing auxiliary function units and their data as taught by Adler, [Page 12].
Regarding claim 2, Berry teaches the apparatus of claim 1, wherein: the first auxiliary function unit and the second auxiliary function unit are disposed in a stacked arrangement (see fig 1, for ESUs 102A-102N shown in stacked configuration), the first user interface control area is disposed to overlay at least a portion of the first auxiliary function unit, and the second user interface control area is disposed to overlay at least a portion of the second auxiliary function unit (see also fig 4, for different display sections of the user interface 440-444 overlayed over the different ESU connections 420-424).
Regarding claim 3, Berry teaches the apparatus of claim 1, wherein: the first auxiliary function unit is controllable in response to input at the first user interface control area; and the second auxiliary function unit is controllable in response to input at the first user interface control area (The graphical display screen sections may display controls for surgical instruments operationally coupled to a plurality of connectors. The controls may include controls for different types of surgical instruments, para [0008], or in this case controls for the auxiliary function units responsive to user input).
Regarding claim 4, Berry teaches the apparatus of claim 1, wherein the user interface control portion comprises a graphical user interface display (plurality of graphical display screen sections, para [0007]).
Regarding claim 5, Berry teaches the apparatus of claim 1, wherein the user interface control portion comprises a touchscreen display (display 412 may be a touchscreen, para [0054]).
Regarding claim 6, Berry teaches the apparatus of claim 1, wherein: the first auxiliary function is chosen from electrosurgical energy delivery, fluid flow, and imaging (nonlimiting examples of flux units may include electrosurgical energy… image or audio streams… fluid delivery, para [0044]).
Regarding claim 7, the combination teaches the apparatus of claim 1, further comprising a support structure (see the control cart 300, which equates to a support structure) comprising one or more shelves each having a front opening on a front side of the support structure (see from Berry fig 1 in which the cart 150b contains open ended shelving), wherein the first auxiliary function unit and the second auxiliary function unit are removably disposed in the shelves in a stacked arrangement (see fig 1, control cart 150b containing shelves in which the function units may be placed and shows ESUs 102A-102N in stacked arrangement) with the front faces of the first and second auxiliary function units at the front openings (see from Berry fig 2 in which the front ends of the function units 400 are seen on the front openings next to the shelving), wherein the user interface overlay panel is mounted to the front side of the support structure at least partially covering the front openings (from Adler, from Adler figs 5 and 6, see in which the interface unit 100 is found to be spanning multiple auxiliary function units 92-98 on the front facing side of each respective unit, and in which the panel overlays a front control interface opening 122).
Regarding claim 8, Berry teaches the apparatus of claim 7, wherein the support structure comprises a mobile cart (control cart 150b, para [0047]).
Regarding claim 10, Berry teaches the apparatus of claim 1, further comprising a computer controller operably coupled to the first auxiliary function unit, the second auxiliary function unit, and the user interface overlay panel (control cable 110 may couple a computer 151b of a control cart 150b, where the auxiliary function units are located, and the surgeons console to control the system, para [0047]).
Regarding claim 11, Berry teaches the apparatus of claim 1, wherein the user interface overlay panel overlays the one or more first connector interfaces, a first region on the front face of the first auxiliary function unit adjacent to the one or more first connector interfaces, the one or more second connector interfaces, a second region on the front face of the second auxiliary function unit adjacent to the one or more second connector interfaces (see also fig 4, for different display sections of the user interface 440-444 overlayed over the different ESU connections 420-424).
Regarding claim 12, Berry teaches the apparatus of claim 1, wherein the user interface overlay panel comprises: one or more first port openings overlaying the one or more first connector interfaces, and one or more second port openings overlaying the one or more second connector interfaces (ESU 400 may include one or more instrument connectors or ports 420-424, para [0054], and it would have been obvious for one skilled in the art to have second port openings overlaying second interfaces with the addition of multiple auxiliary function units).
Regarding claim 13, Berry teaches the apparatus of claim 12, wherein: the one or more first port openings are configured to receive one or more first transmission line connectors of the one or more first transmission lines, and the one or more second port openings are configured to receive one or more second transmission line connectors (connectors 420-424 may provide connections between the ESU 400 and one or more electrosurgical instruments via a flux transmission conduit, para [0055], and it would have been obvious for one skilled in the art to have second transmission line connector with the addition of a second auxiliary function unit).
Regarding claim 14, Berry teaches the apparatus of claim 1, wherein: the first auxiliary function unit is a surgical insufflation and evacuation unit (can be applied to a variety of surgical instruments that are provided to give various types of flux, a fluid flux, a vacuum pressure flux, evacuation flux, para [0043]) positioned over the second auxiliary function unit in a stacked arrangement (see fig 1, control cart 150b containing shelves and shows ESUs 102A-102N in stacked arrangement), and the one or more first connector interfaces comprises a connector interface configured to receive an insufflator hose positioned at a height sufficient to prevent backflow of body fluids from a patient (transmission of the flux from a flux source can be via a flux transmission conduit for example a hose, para [0055], in this case an insufflator hose connected to the function unit).
Regarding claim 15, Berry teaches the apparatus of claim 1, wherein the first auxiliary function unit is an imaging unit (nonlimiting examples of flux units may include electrosurgical energy… image or audio stream, para [0044]).
Regarding claim 16, Berry discloses there may include one or more ESU’s 102A-102N, para [0048], therefore implying that multiple ESU’s would be present and responsible for different functions. Furthermore, as seen in Fig. 4, Berry discloses multiple user interface sections 440-443 numbering at least four sections spanning multiple connection points 420-424, and therefore it would have been obvious for one skilled in the art to read the disclosure of Berry to have a third auxiliary function unit having all the same structure and connection points as the previous auxiliary function units of the preceding claims. Berry also discloses a third auxiliary function unit configured to control a third auxiliary function, the third auxiliary function differing from the first and second auxiliary functions in para [0057] in which Berry states that each of the ESU’s are responsible for controlling the energy fluxes to a different and particular electrosurgical instrument which consist of electrosurgical energy, image or audio streams, and fluid delivery, para [0044]. Therefore, if delivering different energy fluxes to particular instruments, each ESU is responsible for a different auxiliary function.
Regarding claim 17, Berry teaches the apparatus of claim 16, wherein: the second auxiliary function unit is an electrosurgical control unit (flux units may include electrosurgical energy para [0044]), and the third auxiliary function unit is an imaging control unit (flux units may include image or audio stream, para [0044]).
Regarding claim 18, Berry teaches the apparatus of claim 17, wherein the second auxiliary function unit is positioned over the third auxiliary function unit in the stacked arrangement (see fig 1, for ESUs 102A-102N shown in stacked configuration).
Regarding claim 19, Berry teaches the apparatus of claim 18, wherein the one or more second connector interfaces are vertically aligned underneath the first connector interface configured to receive the insufflator hose (See fig. 3 of the second connector 421 is vertically aligned underneath the first connector interface 420).
Regarding claim 20, Berry teaches the apparatus of claim 19, wherein the one or more third connector interfaces are disposed in a position vertically aligned with the user interface control portion of the user interface overlay panel (see fig. 3 of the third connector interface 422 vertically aligned with the user interface panel 412).
Regarding claim 21, Berry teaches the apparatus of claim 1, wherein: the first user interface control area comprises at least one of a first control settings graphical user interface to provide control of the first auxiliary function unit and a first feedback graphical user interface to provide status information about the first auxiliary function unit, and the second user interface control area comprises at least one of second control settings graphical user interface to provide control of the second auxiliary function unit and a second feedback graphical user interface to provide status information about the second auxiliary function unit (Display 412 may have a graphical user interface for user to control and change settings for the ESU 400, or auxiliary function unit, para [0054], in which they are visually coupled to the connectors to indicate an association between the graphical display screen in connector information, para [0008], and it would have been obvious for one skilled in the art to have user interface to control settings and feedback of the graphical user interface with the addition of a second auxiliary function unit).
Regarding claim 22, Berry teaches the apparatus of claim 17, wherein: the one or more first connector interfaces comprises an insufflator connector interface disposed at a first height relative to a base of the apparatus and configured to be operably connected to an insufflator tube set (transmission of the flux from a flux source can be via a flux transmission conduit for example a hose which connects to the first connection 420, para [0055], in this case an insufflator hose connected to the function unit which creates the connector interface, see also fig. 3 of the second connector 421 is vertically aligned underneath the first connector interface 420 which holds the insufflator hose); the one or more second connector interfaces comprises one or more electrosurgical connector interfaces (transmission of the flux from a flux source can be via a flux transmission conduit for example an electrical energy transmission which can connect to a second connection 421, para [0055]) disposed at a second height relative to the base (see also fig 3 for a second connection interface 421 disposed at a height above the base of the unit) and configured to be operably connected to one or more electrosurgical devices via mating engagement with one or more electrosurgical transmission lines (in which the electrical transmission flux is transferred to the relative instrument through the connection interface, [0055]); the one or more third connector interfaces comprises one or more imaging connector interfaces (transmission of the flux from a flux source can be via a flux transmission conduit for example a fiber optic cable for imaging which can connect to a third connection 422, para [0055]) disposed at a third height relative to the base (see also fig 3 for a third connection interface 422 disposed at a height above the base of the unit) and configured to be operably connected to one or more medical imaging devices via mating engagement with one or more imaging transmission lines (in which the imaging transmission flux is transferred to the relative instrument through the connection interface, [0055]); and the first height is greater than the second and third heights (see again fig. 3 in which the first connection 420 is at a greater height than the second and third connection interfaces 421 and 422 which are found lower in height).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry et al. (US Patent No 20150257814) in view of Adler (WIPO Publication 2008053485) further in view of Hanuschik (US Patent No 20170172674).
Regarding claim 9, Berry and Adler teach the apparatus of claim 7. The prior combination does not teach wherein the shelves comprise rear openings on a rear side of the support structure opposite from the front side, the auxiliary function units are removable from the shelves through rear openings.
However, the analogous teleoperated medical device disclosed in Hanuschik does teach wherein the shelves comprise rear openings on a rear side of the support structure opposite from the front side, the auxiliary function units are removable from the shelves through openings on a side of the shelves opposite a side of the shelves covered by the user interface overlay panel (see fig. 1D where the vision cart 140 further includes space 148 for optional auxiliary surgical equipment which can be loaded into the free shelf space opposite to that of the user interface panel, therefore also containing openings on the rear of the cart, para [0057]).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date of the application to combine the structure of the auxiliary function units disclosed by Berry and Adler with the removable cart shelf units disclosed by Hanuschik in order to get interchangeable auxiliary function units capable of transportation as disclosed by Hanuschik, para [0057].
Response to Arguments
Applicant’s arguments, see Remarks, filed 1/27/2026, with respect to the rejection(s) of claim(s) 1 and all relevant dependents under Berry in view of Appelbaum have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the new prior art of record Adler.
Specifically, regarding the argument presented around claim 1, that the previous prior art of record of Appelbaum does not suggest an “interface panel with overlies the front faces of the auxiliary function units,” has been considered and found persuasive. The examiner agrees with the applicant that the previous prior art of record of Appelbaum would not reasonably suggest an interface panel which overlays the front faces of the function units. However, upon further search and consideration, necessitated by the arguments presented, it has been found that the new analogous prior art of record of Alder does reasonably teach the user interface control panel (see the interface unit 100, in fig 5-6) is overlying at least a portion of the front face of each of the first auxiliary function unit and the second auxiliary function unit and spanning a distance therebetween (from Adler figs 5 and 6, see in which the interface unit 100 is found to be spanning multiple auxiliary function units 92-98 on the front facing side of each respective unit) as claimed. Therefore, as prior art teaches the interface panel overlaying the front faces of the function units, the claim 1 limitation remains rejected under the new prior art of record rejection of Berry in view of Alder set forth in the present office action.
Applicant has not provided any additional arguments for any dependent claims and thus the rejections of those claims are tenable for at least the same reasons as outlined above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794