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 .
Response to Amendment
The Amendment filed 02/04/26 has been entered. Claims 1 and 14 have been amended. Claims 1-26 are addressed in the following office action.
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.
Claims 1-26 are rejected under 35 U.S.C. 103 as being unpatentable over Tsao et al. (WO 2019/222228), cited in previous office action, in view of Ootsuki et al. (US 2020/0146885).
Regarding claim 1, an invention relating to surgical robots, Tsao discloses (Fig. 16) an apparatus (1, 2, 4) comprising: a robotic system (1) configured for performing intraocular surgery (Par. 0030); and at least one computer processor (2 & 4) configured: during a training stage, to receive programming instructions for performing one or more steps of cataract surgery in an automated manner, based upon standard ranges of dimensions of respective portions of a human eye, and during a subsequent stage, to drive the robotic system to perform the one or more steps of cataract surgery on an eye of a given patient, by: receiving at least one image of the eye, determining one or more dimensions of the eye from the at least one image, and performing the one or more steps of cataract surgery (Par. 0031-0033, 0040-0045, 0060-0062, 0080, 0096, 0098, 00121, 0152-0154). However, Tsao fails to disclose at least one computer processor configured: during a training stage, to receive programming instructions for performing one or more steps of cataract surgery in an automated manner, based upon standard ranges of dimensions of respective portions of a human eye, by determining a relationship between the one or more steps of cataract surgery and the dimensions of respective portions of the human eye using a machine-learning algorithm; and during a subsequent stage, to drive the robotic system to perform the one or more steps of cataract surgery on an eye of a given patient, by: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the determined relationship.
In the analogous art of cataract surgery, Ootsuki teaches (Fig. 1) at least one computer processor (104) configured: during a training stage, to receive programming instructions for performing one or more steps of cataract surgery in an automated manner, based upon standard ranges of dimensions of respective portions of a human eye, by determining a relationship between the one or more steps of cataract surgery and the dimensions of respective portions of the human eye using a machine-learning algorithm; and during a subsequent stage, to drive the robotic system to perform the one or more steps of cataract surgery on an eye of a given patient, by: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the determined relationship (Par. 0127-0134, 0141-0142, 0148-0150, 0255).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tsao to have at least one computer processor configured: during a training stage, to receive programming instructions for performing one or more steps of cataract surgery in an automated manner, based upon standard ranges of dimensions of respective portions of a human eye, by determining a relationship between the one or more steps of cataract surgery and the dimensions of respective portions of the human eye using a machine-learning algorithm; and during a subsequent stage, to drive the robotic system to perform the one or more steps of cataract surgery on an eye of a given patient, by: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the determined relationship. Doing so would provide an image processing device, an image processing method, and an image processing program that make it possible to perform an appropriate operation according to a procedure (Par. 0005-0006 & 0058), as taught by Ootsuki.
Regarding claim 2, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 1. Tsao further discloses wherein the at least one computer processor is configured: to determine a location and orientation of the eye from the at least one image, and to perform the one or more steps of cataract surgery at least partially based upon the location and orientation of the eye (Par. 0060 & 0096).
Regarding claim 3, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 2. Tsao further discloses wherein the at least one computer processor is configured: to determine a current location and orientation of the eye from the at least one image, and to perform the one or more steps of cataract surgery at least partially based upon the current location and orientation of the eye (Par. 0060 & 0096).
Regarding claim 4, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 1. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to perform the one or more steps of cataract surgery on the eye of the given patient, by, throughout performance of the one or more steps of cataract surgery: receiving real-time images of the patient's eye and at least a portion of the robotic system, and in response to the real-time images, automatically driving the robotic system to perform actions, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 5, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with one or more tools, and wherein the at least one computer processor is configured to drive the robotic system to automatically move the one or more tools, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 6, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with an imaging system, and wherein the at least one computer processor is configured to automatically control one or more components of the imaging system, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00121-00122).
Regarding claim 7, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with a phacoemulsification probe, and wherein the at least one computer processor is configured to drive the robotic system to control the phacoemulsification probe, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 8, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with an injector tools, and wherein the at least one computer processor is configured to drive the robotic system to control the injector tool, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 9, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the at least one computer processor is configured to detecting when the eye is at a given position, and to drive the robotic system to time the performance of an action when the eye is at the given position (Par. 0060).
Regarding claim 10, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with an IOL- manipulator tool, and wherein the at least one computer processor is configured to drive the robotic system to control the IOL-manipulator tool while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 11, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 10. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to control the IOL-manipulator tool such that the tool manipulates the IOL inside the patient's eye for precise positioning of the IOL within the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 12, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 4. Tsao further discloses wherein the apparatus is for use with a tool, and wherein the at least one computer processor is configured to drive the robotic system to move a tip of the tool in a desired manner with respect to the patient's eye such as to perform the action, while entry of the tool into the patient's eye is maintained fixed at an incision point (Par. 00121-00123 & 00128).
Regarding claim 13, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 12. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to provide a dynamic remote center of motion that is located at the incision point and about which motion of the tool is centered, the remote center of motion moving in coordination with movement of the eye (Par. 0057, 0087, 00123).
Regarding claim 14, an invention relating to surgical robots, Tsao discloses (Fig. 16) an apparatus (1, 2, 4) comprising: a robotic system (1) configured for performing intraocular surgery (Par. 0030); and one or more computer processors (2 & 4) configured: during a training stage, to be trained, via machine learning, to perform one or more steps of cataract surgery in an automated manner, based upon standard ranges of dimensions of respective portions of a human eye, and during a subsequent stage, to drive the robotic system to perform the one or more steps of cataract surgery on an eye of a given patient, by: receiving at least one image of the eye, determining one or more dimensions of the eye from the at least one image, and performing the one or more steps of cataract surgery (Par. 0031-0033, 0040-0045, 0060-0062, 0080, 0096, 0098, 00121, 0152-0154). Tsao fails to further disclose one or more computer processors configured: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the training via machine learning.
In the analogous art of cataract surgery, Ootsuki teaches (Fig. 1) one or more computer processors (104) configured: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the training via machine learning (Par. 0127-0134, 0141-0142, 0148-0150, 0255).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tsao to have one or more computer processors configured: determining the one or more steps of cataract surgery based on the determined dimensions of the eye and the training via machine learning. Doing so would provide an image processing device, an image processing method, and an image processing program that make it possible to perform an appropriate operation according to a procedure (Par. 0005-0006 & 0058), as taught by Ootsuki.
Regarding claim 15, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 14. Tsao further discloses wherein the at least one computer processor is configured: to determine a location and orientation of the eye from the at least one image, and to perform the one or more steps of cataract surgery at least partially based upon the location and orientation of the eye (Par. 0060 & 0096).
Regarding claim 16, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 15. Tsao further discloses wherein the at least one computer processor is configured: to determine a current location and orientation of the eye from the at least one image, and to perform the one or more steps of cataract surgery at least partially based upon the current location and orientation of the eye (Par. 0060 & 0096).
Regarding claim 17, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 14. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to perform the one or more steps of cataract surgery on the eye of the given patient, by, throughout performance of the one or more steps of cataract surgery: receiving real-time images of the patient's eye and at least a portion of the robotic system, and in response to the real-time images, automatically driving the robotic system to perform actions, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 18, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with one or more tools, and wherein the at least one computer processor is configured to drive the robotic system to automatically move the one or more tools, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 19, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with an imaging system, and wherein the at least one computer processor is configured to automatically control one or more components of the imaging system, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00121-00122).
Regarding claim 20, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with a phacoemulsification probe, and wherein the at least one computer processor is configured to drive the robotic system to control the phacoemulsification probe, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 21, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with an injector tools, and wherein the at least one computer processor is configured to drive the robotic system to control the injector tool, while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 22, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the at least one computer processor is configured to detecting when the eye is at a given position, and to drive the robotic system to time the performance of an action when the eye is at the given position (Par. 0060).
Regarding claim 23, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with an IOL- manipulator tool, and wherein the at least one computer processor is configured to drive the robotic system to control the IOL-manipulator tool while accounting for real-time movement of the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 24, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 23. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to control the IOL-manipulator tool such that the tool manipulates the IOL inside the patient's eye for precise positioning of the IOL within the patient's eye (Par. 0045, 0060, 0096, 00122).
Regarding claim 25, Tsao, as modified by Ootsuki, discloses the apparatus according to claim 17. Tsao further discloses wherein the apparatus is for use with a tool, and wherein the at least one computer processor is configured to drive the robotic system to move a tip of the tool in a desired manner with respect to the patient's eye such as to perform the action, while entry of the tool into the patient's eye is maintained fixed at an incision point (Par. 00121-00123 & 00128).
Regarding claim 26, Tsao, as modified by Ootsuki, discloses the apparatus according to claim25. Tsao further discloses wherein the at least one computer processor is configured to drive the robotic system to provide a dynamic remote center of motion that is located at the incision point and about which notion of the tool is centered, the remote center of motion moving in coordination with movement of the eye (Par. 0057, 0087, 00123).
Response to Arguments
Applicant’s arguments, see pages 8-11, filed 02/04/26, with respect to the rejection of claims under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly cited prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
/C.U.I/Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 June 4, 2026
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