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 02/18/26 has been entered. Claims 10 has been amended, and claims 1-9 have been cancelled. Claims 10-18 are addressed in the following office action.
Claim Rejections - 35 USC § 102
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 10-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsao et al. (WO 2019/222228), cited in previous office action.
Regarding claim 10, an invention relating to a intraocular surgical robot, Tsao discloses (Fig. 16) a method for performing intraocular surgery on an eye of a patient using a tool (12) having a tip (Abstract & Par. 0032), the method comprising: securing the tool within a tool mount (10) of a robotic unit (1; Par. 00122); driving the robotic unit to insert the tool into the patient's eye such that entry of the tool into the patient's eye is via an incision point, and the tip of the tool is disposed within the patient's eye (Par. 0081, 00106, 00128, 00134); and using a computer processor (4): maintaining entry of the tool into the patient’s eye fixed at the incision point, and driving the robotic unit to perform at least a portion of a procedure on the patient's eye by moving the tip of the tool in a desired manner with respect to the eye such as to perform the portion of the procedure (Par. 0030-0032, 00118, 00131, 00142, 00145, 00147).
Regarding claim 11, Tsao discloses the method according to claim 10. Tsao discloses further comprising using the computer processor: receiving the images of the patient's eye: detecting movement of the patient's eye in three dimensions, by analyzing the images; and in response to the detected movement of the patient's eye, driving the robotic unit to move the tip of the tool in a desired manner with respect to the eye such as to perform the portion of the procedure, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00118, 00121-00122, 00131, 00142, 00147).
Regarding claim 12, Tsao discloses the method according to claim 10. Tsao further discloses wherein driving the robotic unit to perform at least a portion of a procedure on the patient's eye by moving the tip of the tool in a desired manner with respect to the eye such as to perform the portion of the procedure comprises driving the robotic unit to move the tool mount along x-, y-, and z-axes, as well as through pitch and yaw angular rotations, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00122-0123).
Regarding claim 13, Tsao discloses the method according to claim 12. Tsao further discloses wherein driving the robotic unit to move the tool mount along x-, y-, and z-axes, as well as through pitch and yaw angular rotations comprises driving the robotic unit to move the tool mount through a yaw angular rotation of plus/minus 25 degrees from a central orientation, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00122-00123).
Regarding claim 14, Tsao discloses the method according to claim 12. Tsao further discloses wherein driving the robotic unit to move the tool mount along x-, y-, and z-axes, as well as through pitch and yaw angular rotations comprises driving the robotic unit to move the tool mount through a pitch angular rotation of 60 degrees from a starting pitch, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00122-00123).
Regarding claim 15, Tsao discloses the method according to claim 10. Tsao further discloses wherein driving the robotic unit to perform at least a portion of a procedure on the patient's eye by moving the tip of the tool in a desired manner with respect to the eye such as to perform the portion of the procedure comprises driving the tool to roll with respect to the tool mount, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00122-00123 & 00146).
Regarding claim 16, Tsao discloses the method according to claim 15. Tsao further discloses wherein driving the tool to roll with respect to the tool mount comprises driving the tool to roll with respect to the tool mount through a roll angular rotation of plus/minus 80 degrees from a central position, while entry of the tool into the patient's eye is maintained fixed at the incision point (Par. 00122-00123 & 00146).
Regarding claim 17, Tsao discloses the method according to claim 10. Tsao further discloses wherein driving the robotic unit to perform at least a portion of a procedure on the patient's eye by moving the tip of the tool in a desired manner with respect to the eye such as to perform the portion of the procedure, while entry of the tool into the patient's eye is maintained fixed at the incision point comprises providing a dynamic remote center of motion that is located at the incision point and about which motion of the tool is centered (Par. 0033, 0037, 0057, 0087, 00118, 00122-00124).
Regarding claim 18, Tsao discloses the method according to claim 17. Tsao further discloses wherein providing the dynamic remote center of motion comprises providing a dynamic remote center of motion that moves in coordination with movement of the eye, to thereby maintain entry of the tool into the patient's eye fixed at the incision point, even as the patient's eye undergoes movement in three dimensions (Par. 0033, 0037, 0057, 0096-0098, 00108, 00118, 00131, 00142).
Response to Arguments
Applicant's arguments filed 02/18/26 have been fully considered but they are not persuasive.
Concerning claim 10, applicant argues previously cited prior art reference Tsao fails to disclose “a computer processor which maintains entry of the tool into the patient's eye fixed at the incision point”. Examiner respectfully disagrees.
Tsao discloses an image-guided intraocular surgical system is configured to control and guide a surgical tool (e.g., position, orientation, and tool functionality) within an eye during intraocular surgical procedures using feedback and imaging data from a transpupillary OCT probe together with an intraocular OCT probe (Par. 0032); in combination with the transpupillary OCT probe, intraoperative imaging data acquired from an intraocular OCT probe can be used to update the anatomical model derived using the transpupillary OCT probe and adjust the trajectory of tool motion (Par. 00118); the controller is configured to derive the insertion trajectory such that a remote center of motion of the surgical tool is coincident with the incision (Par. 00131); the imaging device further includes an intraocular imaging probe, and the controller is configured to update the parameterized model of the surgical site from imaging data acquired by the intraocular imaging probe (Par. 00142); and the imaging device includes an intraocular imaging probe, and the controller is configured to adjust functionality of the surgical tool according to imaging data acquired by the intraocular imaging probe (Par. 00147). Hence, the computer processor that updates trajectory of tool motion based off of imaging data of the eye and maintains the tool at a remote center of motion which is coincident with the incision in the eye.
Concerning claim 11, applicant argues Tsao fails to disclose the computer processor, detecting movement of the patient's eye, and in response to the detected movement of the patient's eye, driving the robotic unit to perform the portion of the procedure, while entry of the tool into the patient's eye is maintained fixed at the incision point. Examiner respectfully disagrees.
Tsao discloses the controller is connected to the surgical manipulator and an imaging device, and directs operation of the surgical manipulator and the imaging device (Par. 00121); robotic motion of various components of the manipulator arms is driven by actuators, such as motors and associated drive electronics, as directed by the controller (Par. 00122); in combination with the transpupillary OCT probe, intraoperative imaging data acquired from an intraocular OCT probe can be used to update the anatomical model derived using the transpupillary OCT probe and adjust the trajectory of tool motion (Par. 00118); the controller is configured to derive the insertion trajectory such that a remote center of motion of the surgical tool is coincident with the incision (Par. 00131); the imaging device further includes an intraocular imaging probe, and the controller is configured to update the parameterized model of the surgical site from imaging data acquired by the intraocular imaging probe (Par. 00142); and the imaging device includes an intraocular imaging probe, and the controller is configured to adjust functionality of the surgical tool according to imaging data acquired by the intraocular imaging probe (Par. 00147). Hence, a computer processor that detects movement of the eye via imaging data captured by the imaging device and the computer processor adjust movement of the tool relative to the eye while the tool is maintained at the remote center of motion.
Concerning claims 17-18, applicant argues Tsao fails to disclose a dynamic remote center of motion that is located at the incision point and moves in coordination with the movement of the eye, to thereby maintain entry of the tool into the patient’s eye fixed at the incision point, even as the patient’s eye undergoes movement in three dimensions. Examiner respectfully disagrees.
Tsao discloses at an intermediate level, the objective can be to account for the dynamic nature of the workspace as well as tool-to-tissue interaction (Par. 0033 & 0037); in combination with the transpupillary OCT probe, intraoperative imaging data acquired from an intraocular OCT probe can be used to update the anatomical model derived using the transpupillary OCT probe and adjust the trajectory of tool motion (Par. 00118); the controller is configured to derive the insertion trajectory such that a remote center of motion of the surgical tool is coincident with the incision (Par. 00131); and the imaging device further includes an intraocular imaging probe, and the controller is configured to update the parameterized model of the surgical site from imaging data acquired by the intraocular imaging probe (Par. 00142). Hence, a remote center of motion that is coincident with the incision, and a tool that is adjusted by the controller based on imaging data of the eye to accommodate the dynamic nature of the eye/workspace.
Conclusion
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.
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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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 May 20, 2026
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