The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 29, 2026 has been entered.
Response to Arguments
Examiner acknowledges the receipt of the Applicant’s Amendment dated May 29, 2026. Applicant amended claims 39, 52, and 59.
Applicant notes claim amendments in accordance with the interview dated November 27, 2024. However in further consideration of the Patent Board Decision dated May 13, 2026 after the fact, Examiner notes that the Patent Board affirmed the Examiner as to display of different prompts on different displays, in addition to Rivas disclosing displaying prompts based on an operational state when setting up a medical device (page 6), and therefore “setup” prompts. Upon further consideration under broadest reasonable interpretation, the claims are similarly rejected under 35 U.S.C. 103 as discussed below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 39-46, 51-56, 59, and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Quaid et al. (U.S. Publication 2009/0000627, hereinafter “Quaid”) and in further views of DiMaio et al. (U.S. Publication 2009/0036902, hereinafter “DiMaio”) and Rivas et al. (U.S. Publication 2009/0036764, hereinafter “Rivas”).
As to Claims 39, 44-46, Quaid discloses a teleoperational system (10) in [0090] and Fig. 1 comprising:
a teleoperational assembly (30) in [0090] configured to be set up for a procedure using a plurality of steps, the plurality of steps configured to be performed in a setup sequence;
a first display (23) in [0093]; and
a guided setup system (20, 40) in [0090] communicatively coupled to the teleoperational assembly, the first display, and the second display, the guided setup system having stored in memory a plurality of instructions “application utilities” in [0101] as shown in Figs. 13 and 24-34 configured to be presented in an instruction sequence (25) in [0095] and (100a) in [0106] for prompting the plurality of steps in the setup sequence, each instruction of the plurality of instructions for prompting a step of the plurality of steps.
Although Quaid discloses a display of various configurations and physically separate locations in [0093], Quaid does not specifically disclose a second display simultaneously. DiMaio teaches in the analogous field of endeavor of surgery as shown in Figs. 12-13 wherein a second display “auxiliary display” in [0064] physically separate from the first display “master display 104” in [0004] and [0064] and Fig. 1 such that a guided setup system (1210) in [0110] and Fig. 12 is configured to: coordinate presentation of the plurality of instructions using the first and second displays (1216) in [0110] such that different prompts are presented by the first and second displays for an instruction of the plurality of instructions. Therefore it would have been obvious to one of ordinary skill in the art at the time of invention to provide the teleoperational system of Quaid with additional multiple displays as taught by DiMaio in order to fulfill the same function with predictable results for support staff having different instructions (DiMaio, [0115]).
In order to expedite prosecution, Rivas is applied as a secondary teaching to evidence the level of ordinary skill in the art the time of invention. Rivas teaches in related medical art wherein a particular setup prompt is shown on a display based on a state in [0329]-[0330] and Figs. 49-50. It would have been obvious to one of ordinary skill in the art at the time of invention that prompts displayed in cooperation of first and second displays as disclosed by Quaid in view of Dimaio can also include setup prompts based on a state as taught by Rivas in order to fulfill the same function with predictable results of notifying users regarding relevant information.
As to Claim 40, Quaid and DiMaio disclose the teleoperational system of claim 39, wherein DiMaio teaches that:
the first display is located on a first part of the teleoperational system configured to interact with a first user “surgeon” in [0040]; and wherein
the second display is located on a second part of the teleoperational system configured to interact with a second user “assistants” in [0040] and “support staff” in [0115], the second user different from the first user.
As to Claim 41, Quaid and DiMaio disclose the teleoperational system of claim 40, wherein:
the teleoperational system is a teleoperational medical system;
the first display is configured to be located in a sterile zone (at the surgeon);
the second display is configured to be located in a non-sterile zone (at the assistants); and
the different setup prompts comprise a setup prompt associated with a sterile user for the first display, and a setup prompt associated with a non-sterile user for the second display.
As to Claim 42, Quaid and DiMaio disclose the teleoperational system of claim 39, wherein the first display is located on the teleoperational assembly as described in [0093].
As to Claim 43, Quaid and DiMaio disclose the teleoperational system of claim 42, further comprising:
a cart (29) in [0091] and Fig. 1 physically separated from the teleoperational assembly, wherein the second display is located on the cart.
As to Claim 51, Quaid discloses the teleoperational system of claim 39, wherein the guided setup system is further configured to:
in response to a determination that a condition for implementing a universal override “override” in [0184] has been met, bypass presentation of at least one setup instruction of the plurality of setup instructions.
As to Claim 52 and 54-56, Quaid discloses a method of operating a guided setup system (20, 40) in [0090] for a teleoperational system (10) in [0090] and Fig. 1 comprising a teleoperational assembly (30) in [0090], the teleoperational assembly configured to be set up for a procedure using a plurality of steps, the plurality of steps configured to be performed in a setup sequence, the method comprising:
storing, in a memory of the guided setup system, a plurality of instructions configured to be presented in an instruction sequence for prompting the plurality of steps in the setup sequence, each instruction of the plurality of instructions for prompting a step of the plurality of steps; and
coordinating presentation of the plurality of instructions using first (23) in [0093] and second displays of the teleoperational system such that different prompts are presented by first and second displays of the teleoperational system for at least one instruction of the plurality of instructions.
Although Quaid discloses a display of various configurations and physically separate locations in [0093], Quaid does not specifically disclose a second display simultaneously. DiMaio teaches in the analogous field of endeavor of surgery as shown in Figs. 12-13 wherein a second display “auxiliary display” in [0064] physically separate from the first display “master display 104” in [0004] and [0064] and Fig. 1 such that a guided setup system (1210) in [0110] and Fig. 12 is configured to: coordinate presentation of the plurality of instructions using the first and second displays (1216) in [0110] such that different prompts are presented by the first and second displays for an instruction of the plurality of instructions. Therefore it would have been obvious to one of ordinary skill in the art at the time of invention to provide the method of Quaid with additional multiple displays as taught by DiMaio in order to fulfill the same function with predictable results for support staff having different instructions (DiMaio, [0115]).
In order to expedite prosecution, Rivas is applied as a secondary teaching to evidence the level of ordinary skill in the art the time of invention. Rivas teaches in related medical art wherein a particular setup prompt is shown on a display based on a state in [0329]-[0330] and Figs. 49-50. It would have been obvious to one of ordinary skill in the art at the time of invention that prompts displayed in cooperation of first and second displays as disclosed by Quaid in view of Dimaio can also include setup prompts based on a state as taught by Rivas in order to fulfill the same function with predictable results of notifying users regarding relevant information.
As to Claim 53, Quaid discloses the method of claim 52, wherein:
the first display is configured to be located in a sterile zone (at the surgeon);
the second display is configured to be located in a non-sterile zone (at the assistants); and
the different prompts comprise a prompt associated with a sterile user for the first display, and a prompt associated with a non-sterile user for the second display.
to stop presenting prompts for the plurality of instructions.
As to Claim 59, Quaid discloses a non-transitory machine-readable medium comprising a plurality of computer-readable instructions which when executed by one or more processors associated with a guided setup system (20, 40) in [0090] for a teleoperational system (10) in [0090] and Fig. 1 comprising a teleoperational assembly (30) in [0090], the teleoperational assembly configured to be set up for a procedure using a plurality of steps, the plurality of steps configured to be performed in a setup sequence, causes the one or more processors to perform a method comprising:
storing, in a memory of the guided setup system, a plurality of instructions configured to be presented in an instruction sequence for prompting the plurality of steps in the setup sequence, each instruction of the plurality of instructions for prompting a step of the plurality of steps; and
coordinating presentation of the plurality of instructions using first (23) in [0093] and second displays of the teleoperational system such that different prompts are presented by first and second displays of the teleoperational system for at least one instruction of the plurality of instructions.
Although Quaid discloses a display of various configurations and physically separate locations in [0093], Quaid does not specifically disclose a second display simultaneously. DiMaio teaches in the analogous field of endeavor of surgery as shown in Figs. 12-13 wherein a second display “auxiliary display” in [0064] physically separate from the first display “master display 104” in [0004] and [0064] and Fig. 1 such that a guided setup system (1210) in [0110] and Fig. 12 is configured to: coordinate presentation of the plurality of instructions using the first and second displays (1216) in [0110] such that different prompts are presented by the first and second displays for an instruction of the plurality of instructions. Therefore it would have been obvious to one of ordinary skill in the art at the time of invention to provide the teleoperational system of Quaid with additional multiple displays as taught by DiMaio in order to fulfill the same function with predictable results for support staff having different instructions (DiMaio, [0115]).
In order to expedite prosecution, Rivas is applied as a secondary teaching to evidence the level of ordinary skill in the art the time of invention. Rivas teaches in related medical art wherein a particular setup prompt is shown on a display based on a state in [0329]-[0330] and Figs. 49-50. It would have been obvious to one of ordinary skill in the art at the time of invention that prompts displayed in cooperation of first and second displays as disclosed by Quaid in view of Dimaio can also include setup prompts based on a state as taught by Rivas in order to fulfill the same function with predictable results of notifying users regarding relevant information.
As to Claim 60, Quaid discloses the non-transitory machine-readable medium of claim 59, wherein:
the first display is configured to be located in a sterile zone (at the surgeon);
the second display is configured to be located in a non-sterile zone (at the assistants); and
the different setup prompts comprise a setup prompt associated with a sterile user for the first display, and a setup prompt associated with a non-sterile user for the second display.
Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over Quaid, DiMaio, and Rivas and in further views of Sandhu et al. (U.S. Publication 2015/0182297, hereinafter “Sandhu”).
As to Claim 61, Quaid discloses the non-transitory machine-readable medium of claim 59, however does not specifically disclose coordinating presentation. Sandhu is applied as a secondary teaching in the analogous art of surgical devices wherein: coordinating presentation of the plurality of instructions using the first and second displays such that, for an instruction of the plurality of instructions, a display prompt is presented on the first display and not the second display, or presented on the second display and not the first display as described in Claims 29-30. It would have been obvious to one of ordinary skill in the art at the time of invention to provide the method of Quaid with coordination between displays as taught by Sandhu in order to fulfill the same function with predictable results.
Allowable Subject Matter
Claims 47-50, 57, and 58 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims for the reasons disclosed in the previous Office Action dated April 30, 2024.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM B CHOU whose telephone number is (571) 270-3367. The examiner can normally be reached on M-F 9 am - 6 pm.
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/WILLIAM CHOU/
Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights