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 .
Remarks
This non-final office action is a response to the RCE received on 12/18/2025. Claims 1-20 are pending. Claims 1, 10, and 15 have been amended.
Response to Arguments
Applicant’s additional arguments with respect to the Claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7, and 15 of U.S. Patent No. US 11548140 B2 (Hereinafter ‘140). Although the claims at issue are not identical, they are not patentably distinct from each other. While the scope is not exactly the same, the claims do overlap in scope. Furthermore, the application’s claim limitations necessitated by the amendment that are not taught by ‘140 are illustrated to be obvious to combine with secondary references as further described below. As shown in the table below, Claim 1-2 are rejected by ‘140’s Claims 1, 4, 7, and 15, in combination with references Venkiteswaran et. al. (US 20200043257 A1) Selover et. al. (US 20170245780 A1).
Instant Application: 18/132,552
Claim #
Issued Patent: US 11548140 B2
Claim #
Secondary Reference: Venkiteswaran et. al.
(US 20200043257 A1)
Secondary Reference:
Selover et. al.
(US 20170245780 A1)
1
1
¶0055, ¶0062, ¶0047
¶0014, ¶0063, 0051-¶0053
4
7
2
1
-
-
15
‘140’s Claim 1 is the same as the instant application’s Claim 1 except that:
‘140 discloses “a signal including position” (as compared to instant application’s “localization data”). However, localization data is broader than position because the localization can include the position.
‘140 discloses “determine a location to automatically move the mobile cart;” (as compared to instant application’s “determine a destination for the mobile cart based on the communication data in the received signal; and cause the mobile cart to move to the destination determined”). However, both of these claim limitations are describing the location being determined and the cart being moved to that location based on data, which makes them patentably indistinct.
‘140 discloses that the transmitter can be an RF transmitter in Claim 4 (compared to instant applications “radio transmitter” in Claim 1)
‘140’s Claim 1 doesn’t explicitly disclose “communication data” that is disclosed in instant application’s Claim 1, but ‘140’s Claim 7 discloses “receiving an indication by the receiver of a level of the signal from the transmitter”.
‘140’s Claim 1 and 15 also disclose the limitations that are the same as the instant application’s Claim 2:
‘140’s Claim 1 discloses “based on a specific surgical procedure, a specific type of patient, and a specific type of surgical table” and in Claim 15: “…based on at least one of a specific surgical procedure, a specific type of patient, a specific type of surgical table, or a configuration of the operating room…”
The instant application’s Claim 2 discloses the location to move the cart (destination) based on at least one of:
a specific surgical procedure,
a specific type of patient,
a specific type of surgical table,
configuration of an operating room
Which are the same components in Claim 1 and 15 of ‘140.
The amended Claim limitations of the instant application do not overcome the non-statutory double patenting rejection because it would have been obvious to one of ordinary skill in the art to include the amended limitations based on references Venkiteswaran et. al. (US 20200043257 A1) and Selover et. al. (US 20170245780 A1).
The limitation of the instant application “the destination being selected from a charging station, a servicing center, or an operating room” is an obvious addition in view of Venkiteswaran as it is indicating specific destinations (whereas ‘140 disclosed ‘destinations’ generally). Additionally, in order to have other potential destinations, such as a charging station in order to ensure the vehicle (mobile cart) can be efficiently charged and scheduled for operations by accounting for the route it will have to travel (and whether it will have enough charge) [See at least Venkiteswaran ¶0062 ]. Additionally, it would have been obvious to include a servicing center as another potential destination such that if a vehicle's service data indicates that a vehicle (such as a mobile cart) needs maintenance, it can be routed to receive service in order to ensure safe operation of the vehicle [See at least Venkiteswaran ¶0001, ¶0117].
The limitation of “in response to the destination being the operating room and upon arriving at the operating room, registering the mobile cart to at least one of a patient or a surgical table using pre-operative data by aligning radio-frequency localization data representing a spatial pose of the mobile cart to the pre-operative data” is obvious in view of Selover, in order to improve the accuracy of the spatial positioning of the surgical system/mobile cart relative to a patient/their anatomy when aligning with a planned trajectory: "In general, a greater number of instrument RF modules 214 corresponds to a greater accuracy of triangulation. The triangulation can provide positional information in multiple planes, e.g., X and Y planes to approximate a planar location and a Z plane to indicate a depth location." [¶0065 Selover]. Additionally, although Meglan does not explicitly disclose performing the localization upon arrival into the OR, Selover discloses an OR (¶0051-¶0053); and thus, a person having ordinary skill in the art would recognize that the registration should be performed when arriving at the destination of the operating room in order to perform the necessary set-up steps prior to or during surgical operations/procedures
Claim Rejections - 35 USC § 103
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 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 1-2, 4-9, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Meglan et. al. (US 20210046637 A1) in view of Venkiteswaran et. al. (US 20200043257 A1) and Selover et. al. (US 20170245780 A1).
Regarding Claim 1, Meglan discloses:
A surgical robotic system for radio-based localization and data exchange, the system comprising: (See at least Figure 1 via surgical robotic system)
a radio receiver; (See at least ¶0061 via "The receiver 205 may include an RF receiver, a microwave receiver, and/or a millimeter-wave receiver.")
a mobile cart including: a radio transmitter in operable communication with the radio receiver; (See at least Figure 1, Figure 3, and ¶0040 via "With reference to FIG. 3, the mobile cart 60 includes a lift 61 and a setup arm 62, which provides a base for mounting of the robotic arm 40." as well as ¶0039 via "Each of the control tower 20, the surgical console 30, and the robotic arm 40 includes a respective transmitter 200. It is contemplated that multiple transmitters 200 may be used.")
and a robotic arm; (See at least Figure 1 via robotic arm 40)
a processor; and a memory coupled to the processor, the memory having instructions stored thereon which, when executed by the processor, cause the system to: (See at least ¶0061 via "Briefly, the receiver 205 may include a processor (not shown) and memory (not shown)." and at least ¶0093 via "Instructions may be executed by one or more processors, such as one or more digital signal processors (DSPs), general purpose microprocessors, application specific integrated circuits (ASICs), field programmable logic arrays (FPGAs), or other equivalent integrated or discrete logic circuitry.")
receive, from the radio transmitter, a signal including communication data and localization data of the mobile cart in a 3D space; (See at least Figure 8 via step 802. Also see at least ¶0086 via "In aspects, the robotic arm may include a transmitter 200 in operable communication with the receiver 205. The system 1000 may receive, from the transmitter 200 of the robotic arm 40, a signal including a position of the robotic arm in a 3D space based on the signal communicated by the transmitter 200 of the robotic arm 40 and determine the spatial pose of the robotic arm 40 based on the received signal" *which is the localization data; and also ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery." *wherein the transmitted beacon based on the low battery is an example of communication data, and also in ¶0063- where the feedback is an example of communication data)
determine a destination for the mobile cart based on the communication data in the received signal, the destination being selected from (See at least Figure 8 via steps 804-806 and also ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" *Wherein the destination being selected *from* an operating room includes a destination being selected from inside an operating room, and thus the destination being the operating room)
cause the mobile cart to move to the determined destination ; and (See at least Figure 8 via step 808: "Move the moveable cart to a new spatial pose") (Additionally, see at least Meglan Claim 1).
in response to the destination being the operating room and (See at least ¶0084 via "at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" as well as Figure 8 which depict the destination being within an operating room as well as moving the cart to the spatial pose within an operating room, thus, the destination is an operating room.
However, although Meglan discloses selecting the destination/location to move the cart to (See at least Figure 8), and discloses the robotic arm determining when the battery level is below a threshold in at least ¶0079, Meglan does not explicitly disclose the destination being selected from a charging station, [or] a servicing center.
Nevertheless, Venkiteswaran—who is directed towards vehicle component diagnostic—discloses: the destination being selected from a charging station, (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge")
a servicing center, (See at least ¶0055 via "…the server 130 can identify a degraded state for an improperly inflated tire and instruct the vehicle 101 to move to a repair station 205 to resolve the degraded state.". Additionally, see at least ¶0074).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the system of Meglan in view of Venkiteswaran to have other potential destinations, such as a charging station in order to ensure the vehicle (mobile cart) can be efficiently charged and scheduled for operations by accounting for the route it will have to travel (and whether it will have enough charge), as well as how long it will take to recharge: "The battery charge threshold can be determined as a charge level required to operate the vehicle 101 along a route of a specified length, e.g., an average length of an assigned route." and "The recharge time can be determined based on, e.g., the charging rate of the charging station, the charge level of the battery, the age of the battery, the ambient air temperature, etc." [¶0062 Venkiteswaran]. Additionally, it would have been obvious to include a servicing center as another potential destination such that if a vehicle's service data indicates that a vehicle (such as a mobile cart) needs maintenance, it can be routed to receive service in order to ensure safe operation of the vehicle: "To state just one example, a state of vehicle tires is important to safe and efficient vehicle operation. For example, the vehicles can include tires that wear down over time." [¶0001 Venkiteswaran]. Additionally, Meglan discloses that the carts have wheels with brakes in at least ¶0040 via “a plurality of wheels 67, each of which having a brake 68”, which is why it would be obvious to account for these parts that require routine maintenance/servicing such as in Venkiteswaran, in order to ensure performance can be maintained by servicing as necessary: “When the vehicle 101 remains in the storage area 200 exposed to precipitation, a brake may absorb water, reducing friction between a brake pad and a wheel and reducing performance of the brake.” [Venkiteswaran ¶0117].
However, although Meglan discloses that the destination of an operating room, Meglan in view of Venkiteswaran do not explicitly disclose the registration of radio-frequency localization alignment upon arriving in the determined destination of the operating room.
Nevertheless, Selover--who is directed towards systems and methods for guiding surgical instruments using radio frequency technology--discloses: register the (See at least ¶0014 via "determining the predetermined trajectory by comparing a pre-operative image of the patient including the target site with the location of the first radio frequency module within the patient" as well as ¶0063 via " the patient RF module(s) 212 can be attached to a patient by being implanted within a patient's body" and ¶0080 via "The pre-planning module 200 can be configured to predetermine the trajectory based on the known location of the one patient RF module 210 attached to the patient at the target surgical site, e.g., on the target site as discussed above. The location can be known in comparison to the pre-operative image(s), which can be scaled to facilitate the comparison. The trajectory determination can include a surgeon and/or other medical personnel measuring a distance from the patient RF module 210, e.g., graphically measuring the distance. The measured distance can be entered into a programmable interface on or otherwise coupled to the surgical instrument, and the interface can set the desired spatial relationship required between the patient RF module 210 and the one or more instrument RF modules 212 to determine the trajectory." **Which illustrates the aligning of radio frequency localization data representing a spatial pose with preoperative data).
Although Meglan does not explicitly disclose performing the localization upon arrival into the OR, Selover discloses an OR (¶0051-¶0053); thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to perform the registration when arriving at the destination of the operating room in order to perform the necessary set-up steps prior to or during surgical operations/procedures. Furthermore, it would have been obvious to apply the radio-frequency localization alignment using the pre-operative data such as in Selover, to the mobile cart of modified Meglan, who already utilizes radio frequency signals, in order to improve the accuracy of the spatial positioning of the surgical system/mobile cart relative to a patient/their anatomy when aligning with a planned trajectory: "In general, a greater number of instrument RF modules 214 corresponds to a greater accuracy of triangulation. The triangulation can provide positional information in multiple planes, e.g., X and Y planes to approximate a planar location and a Z plane to indicate a depth location." [¶0065 Selover].
Regarding Claim 2, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses: wherein the communication data includes at least one of a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room and the instructions, when executed, further cause the system to: (See at least ¶0063 via "With this capability, placement of the mobile cart 60, to optimal locations, can be ensured with the use of active guidance feedback, for a specific surgical procedure, for a specific type of patient, on the specific type of surgical table, in a specific configuration of an OR." *Wherein the feedback is an example of communication data)
determine the destination for the mobile cart based on at least one of a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room; and (See at least Figure 8 and ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR. In aspects, the determination may be based on a specific surgical procedure, a specific type of patient, a specific type of surgical table, and/or a configuration of the OR")
cause the mobile cart to move to a new spatial pose (See at least Figure 8 via step 808).
Regarding Claim 4, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses: wherein the mobile cart includes a battery power supply (See at least ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery").
Regarding Claim 5, Modified Meglan discloses the system of Claim 4.
Furthermore, Meglan discloses: wherein the communication data includes data corresponding to a power level of the battery power supply and the instructions, when executed, further cause the system to: determine whether the power level of the battery power supply is below a preconfigured threshold; and (See at least ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery." and also ¶0092 via "If implemented in software, the functions may be stored as one or more instructions or code on a computer-readable medium and executed by a hardware-based processing unit")
However, Meglan does not explicitly disclose the charging station.
Nevertheless, Venkiteswaran—who is directed towards vehicle component diagnostic—discloses: cause the mobile cart to move to the charging station when it is determined that the power level of the battery power supply is below the preconfigured threshold (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge").
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to further modify the system of Modified Meglan in view of Venkiteswaran's moving of the vehicle to a charging station to recharge in order to ensure the vehicle (mobile cart) can be efficiently scheduled for operations by accounting for the route it will have to travel (and whether it will have enough charge), as well as how long it will take to recharge: "The battery charge threshold can be determined as a charge level required to operate the vehicle 101 along a route of a specified length, e.g., an average length of an assigned route." and "The recharge time can be determined based on, e.g., the charging rate of the charging station, the charge level of the battery, the age of the battery, the ambient air temperature, etc." [¶0062 Venkiteswaran].
Regarding Claim 6, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses: wherein the communication data includes data corresponding to service data of the mobile cart and the instructions, when executed, further cause the system to: determine whether the mobile cart requires servicing based on the communication data; and (See at least ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery." and also ¶0092 via "If implemented in software, the functions may be stored as one or more instructions or code on a computer-readable medium and executed by a hardware-based processing unit" *Wherein the service data is the low battery)
However, Meglan does not explicitly disclose the servicing center.
Nevertheless, Venkiteswaran—who is directed towards vehicle component diagnostic—discloses: cause the mobile cart to move to the servicing center when it is determined that the mobile cart requires servicing (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge" *wherein the charging station is the servicing center).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to further modify the system of Modified Meglan in view of Venkiteswaran's moving of the vehicle to a service center to receive the service of battery replenishment in order to ensure the vehicle (mobile cart) can be efficiently scheduled for operations by accounting for the route it will have to travel (and whether it will have enough charge), as well as how long it will take to recharge: "The battery charge threshold can be determined as a charge level required to operate the vehicle 101 along a route of a specified length, e.g., an average length of an assigned route." and "The recharge time can be determined based on, e.g., the charging rate of the charging station, the charge level of the battery, the age of the battery, the ambient air temperature, etc." [¶0062 Venkiteswaran].
Regarding Claim 7, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses: wherein the instructions, when executed, further cause the system to register the mobile cart to other mobile carts and to a surgical table based on the communication data and localization data of the mobile cart (See at least ¶0089 via “The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules.”).
Regarding Claim 8, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses: wherein the instructions, when executed, further cause the system to register the mobile cart using the pre-operative data based on the communication data and localization data of the mobile cart (See at least ¶0089 via " In aspects, the system 1000 may determine whether the mobile cart 60 is in the correct room. This may help with reducing OR turnaround time and/or locating capital equipment. For example, a particular mobile cart 60 may be in a first OR, when the system 1000 needs the mobile cart 60 in the second OR. The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules" *Wherein ensuring that the mobile cart is in the correct room is pre-operative data as the location of the mobile cart is necessary data used to prepare for a surgical procedure).
Regarding Claim 10, Meglan discloses:
A method for radio-based localization and data exchange comprising: (See at least Flowchart Figure 8)
receiving, from a radio transmitter, a signal including communication data and localization data of a mobile cart in a 3D space, wherein the communication data includes data corresponding to a power supply level of the mobile cart (See at least Flowchart Figure 8 via Step 802, where the signal includes the position (location data - and ¶0086). Furthermore, see at least ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery." *wherein the transmitted beacon based on the low battery is an example of communication data and
determining a destination for the mobile cart based on the communication data in the received signal, (See at least Flowchart Figure 8 via step 806)
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the destination being selected from (See at least Figure 8 via steps 804-806 and also ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" *Wherein the destination being selected *from* an operating room includes a destination being selected from inside an operating room, and thus the destination being the operating room).
in response to the destination being the operating room and (See at least ¶0084 via "at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" as well as Figure 8 which depict the destination being within an operating room as well as moving the cart to the spatial pose within an operating room, thus, the destination is an operating room)
However, although Meglan discloses selecting the destination/location to move the cart to (See at least Figure 8), and discloses the robotic arm determining when the battery level is below a threshold in at least ¶0079, Meglan does not explicitly disclose the destination being selected from a charging station, [or] a servicing center.
Nevertheless Venkiteswaran—who is directed towards vehicle component diagnostic—discloses: data corresponding to service data of the mobile cart; (See at least ¶0055 via "Upon detection the vehicle 101, the server 130 can request tire pressure data 115 from the vehicle 101 from tire pressure sensors 110"… "When the tire pressure data 115 indicate that the tire pressure for one or more of the tires is outside of the tire pressure threshold" *Wherein the data that corresponds to the service data is the tire pressure data. Additionally see at least ¶0069-¶0074 via the data regarding degraded brakes)
the destination being selected from a charging station, a servicing center, (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge", and ¶0055 via "…the server 130 can identify a degraded state for an improperly inflated tire and instruct the vehicle 101 to move to a repair station 205 to resolve the degraded state.". Additionally, see at least ¶0074)
causing the mobile cart to move to a charging station when it is determined that a power supply of the mobile cart is below a threshold; and (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge").
in response to the destination being the servicing center causing the mobile cart to move to the servicing center when it is determined that the mobile cart requires servicing; and (See at least ¶0055 via "…the server 130 can identify a degraded state for an improperly inflated tire and instruct the vehicle 101 to move to a repair station 205 to resolve the degraded state." *Wherein the communication data that corresponds to the service data is the tire pressure data, and based on the data, the vehicle is instructed to move to a repair station. Additionally see at least ¶0074 via “When the time elapsed since the previous maintenance exceeds a time threshold, the server 130 can identify the degraded state and instruct the computer 105 to move the vehicle to the repair station 205 to replace and/or repair the brake”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the system of Meglan in view of Venkiteswaran to have other potential destinations, such as a charging station in order to ensure the vehicle (mobile cart) can be efficiently charged and scheduled for operations by accounting for the route it will have to travel (and whether it will have enough charge), as well as how long it will take to recharge: "The battery charge threshold can be determined as a charge level required to operate the vehicle 101 along a route of a specified length, e.g., an average length of an assigned route." and "The recharge time can be determined based on, e.g., the charging rate of the charging station, the charge level of the battery, the age of the battery, the ambient air temperature, etc." [¶0062 Venkiteswaran]. Additionally, it would have been obvious to include a servicing center as another potential destination such that if a vehicle's service data indicates that a vehicle (such as a mobile cart) needs maintenance, it can be routed to receive service in order to ensure safe operation of the vehicle: "To state just one example, a state of vehicle tires is important to safe and efficient vehicle operation. For example, the vehicles can include tires that wear down over time." [¶0001 Venkiteswaran]. Additionally, Meglan discloses that the carts have wheels with brakes in at least ¶0040 via “a plurality of wheels 67, each of which having a brake 68”, which is why it would be obvious to account for these parts that require routine maintenance/servicing such as in Venkiteswaran, in order to ensure performance can be maintained by servicing as necessary: “When the vehicle 101 remains in the storage area 200 exposed to precipitation, a brake may absorb water, reducing friction between a brake pad and a wheel and reducing performance of the brake.” [Venkiteswaran ¶0117].
However, although Meglan discloses that the destination of an operating room, Meglan in view of Venkiteswaran do not explicitly disclose the registration of radio-frequency localization alignment upon arriving in the determined destination of the operating room.
Nevertheless, Selover--who is directed towards systems and methods for guiding surgical instruments using radio frequency technology--discloses: in response to the destination being the operating room and upon arriving at the operating room, registering the mobile cart to at least one of a patient or a surgical table using pre-operative data by aligning radio-frequency localization data representing a spatial pose of the mobile cart to the pre-operative data (See at least ¶0014 via "determining the predetermined trajectory by comparing a pre-operative image of the patient including the target site with the location of the first radio frequency module within the patient" as well as ¶0063 via " the patient RF module(s) 212 can be attached to a patient by being implanted within a patient's body" and ¶0080 via "The pre-planning module 200 can be configured to predetermine the trajectory based on the known location of the one patient RF module 210 attached to the patient at the target surgical site, e.g., on the target site as discussed above. The location can be known in comparison to the pre-operative image(s), which can be scaled to facilitate the comparison. The trajectory determination can include a surgeon and/or other medical personnel measuring a distance from the patient RF module 210, e.g., graphically measuring the distance. The measured distance can be entered into a programmable interface on or otherwise coupled to the surgical instrument, and the interface can set the desired spatial relationship required between the patient RF module 210 and the one or more instrument RF modules 212 to determine the trajectory." **Which illustrates the aligning of radio frequency localization data representing a spatial pose with preoperative data).
Although Meglan does not explicitly disclose performing the localization upon arrival into the OR, Selover discloses an OR (¶0051-¶0053); thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to perform the registration when arriving at the destination of the operating room in order to perform the necessary set-up steps prior to or during surgical operations/procedures. Furthermore, it would have been obvious to apply the radio-frequency localization alignment using the pre-operative data such as in Selover, to the mobile cart of modified Meglan, who already utilizes radio frequency signals, in order to improve the accuracy of the spatial positioning of the surgical system/mobile cart relative to a patient/their anatomy when aligning with a planned trajectory: "In general, a greater number of instrument RF modules 214 corresponds to a greater accuracy of triangulation. The triangulation can provide positional information in multiple planes, e.g., X and Y planes to approximate a planar location and a Z plane to indicate a depth location." [¶0065 Selover].
Regarding Claim 11, Modified Meglan discloses the method of Claim 10.
Furthermore, Meglan discloses: wherein the communication data includes data corresponding to a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room, and (See at least ¶0063 via "With this capability, placement of the mobile cart 60, to optimal locations, can be ensured with the use of active guidance feedback, for a specific surgical procedure, for a specific type of patient, on the specific type of surgical table, in a specific configuration of an OR." *Wherein the feedback is an example of communication data)
determining the destination for the mobile cart includes determination the destination based on the data corresponding to a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room (See at least Figure 8 and ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR. In aspects, the determination may be based on a specific surgical procedure, a specific type of patient, a specific type of surgical table, and/or a configuration of the OR").
Regarding Claim 12, Modified Meglan discloses the method of Claim 10.
Furthermore, Meglan discloses: further comprising registering the mobile cart to other mobile carts and to a surgical table based on the communication data and localization data of the mobile cart (See at least ¶0089 via “The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules.”).
Regarding Claim 13, Modified Meglan discloses the method of Claim 10.
Furthermore, Meglan discloses: further comprising registering the mobile cart using the pre-operative data based on the communication data and localization data of the mobile cart (See at least ¶0089 via " In aspects, the system 1000 may determine whether the mobile cart 60 is in the correct room. This may help with reducing OR turnaround time and/or locating capital equipment. For example, a particular mobile cart 60 may be in a first OR, when the system 1000 needs the mobile cart 60 in the second OR. The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules" *Wherein ensuring that the mobile cart is in the correct room is pre-operative data as the location of the mobile cart is necessary data used to prepare for a surgical procedure).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Meglan et. al. (US 20210046637 A1), Venkiteswaran et. al. (US 20200043257 A1), and Selover et. al. (US 20170245780 A1) in view of Banuli Nanje Gowda (US 20210320825 A1).
Regarding Claim 3, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses the localization data and the communication data (See at least ¶0079 and ¶0086)
However, Modified Meglan does not explicitly disclose the radio transmitter being 5G.
Nevertheless, Banuli Nanje Gowda--who is directed towards fifth generation new radio channel equalization--discloses: wherein the signal includes communication data in parallel to the localization data and wherein the radio transmitter is a 5G radio transmitter capable of transmitting low-band, mid-band, or high-band millimeter waves (See at least ¶0063 via "In at least one embodiment, said transmitter 102 and receiver 104 communicate in accordance with a communications standard, such as a 5G New Radio (“5G NR”) standard." and also "In at least one embodiment, multiple transmitting and receiving antennas are used to transmit, by transmitter 102, one or more signals simultaneously over a radio channel, and to receive said signals at receiver 104." and also ¶0388 via "In at least one embodiment, one or more circuits, processors, or other devices or techniques are adapted, with reference to said figure, to equalize, in parallel, one or more 5G radio signals.").
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to further modify the system of Modified Meglan to indicate that the radio transmitter can communicate via 5G to overall improve efficiency: "In at least one embodiment, zones in 5G networks or other next generation communication networks enable uplink-based mobility framework and improves efficiency of both a UE and a network, since amounts of mobility messages that need to be exchanged between a UE and a network may be reduced." [¶0497 Banuli Nanje Gowda].
Claim 9, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Meglan et. al. (US 20210046637 A1), Venkiteswaran et. al. (US 20200043257 A1), and Selover et. al. (US 20170245780 A1) in view of Skaaksrud et. al (US 20190287063 A1).
Regarding Claim 9, Modified Meglan discloses the system of Claim 1.
Furthermore, Meglan discloses the communication data and localization data of the mobile cart (See at least ¶0086 and ¶0079).
However, Modified Meglan does not explicitly disclose the adjusting of the parameters.
Nevertheless, Skaaksrud--who is directed towards an Autonomous Bot Apparatus--discloses: wherein the instructions, when executed, further cause the system to adjust data storage parameters (See at least ¶0178 via "Association data, such as association data 340, generally identifies a connected relationship between nodes. For example, ID node 120a may become associated with the master node 1720a as the ID node 120a moves within range of the master node 1720a and after the server directs the two nodes to associate (with authorization)"…"Thus, exemplary association data 340 may exist in volatile memory 320 and/or memory storage 315 as a type of data identifying associations between nodes and may be generated locally as part of associating between nodes." *via new data being generated (association data) and stored based on a location range (adjusting data storage parameters))
or data communication parameters based on the communication data and localization data of the mobile cart (See at least ¶0116 via "As will be explained in more detail below, some embodiments may use Broadcast Profile having parameters that may be programmatically altered or adjusted. In other words, embodiments of ID node 120a (or any other ID node) may have programmatically adjustable RF characteristics (such as an adjustable RF output signal power, an adjustable RF receiver sensitivity, the ability to switch to a different frequency or frequency band, etc.)." *via the data communication parameters being adjusted.)
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to further modify the system of Modified Meglan in view of Skaaksrud's adjusting of the data communication parameters and the data storage parameters in order to better manage power consumption and adjust power to accurately accomplish a task: " In an example, the node power manager part of node control and management code 325 focuses on managing power consumption and the advantageous use of power (e.g., an adjustable level of RF output signal power) in a node." [¶0159 Skaaksrud] and " the exemplary node power manager may manage power when determining how to best to use and adjust power to more accurately accomplish a particular task." [¶0161 Skaaksrud]. Additionally, in order to more efficiently store data by only generating it as needed: "As previously noted, volatile memory 320 may also include certain data (e.g., profile data 330, security data 335, association data 340, shared data 345, sensor data, and the like) generated as the ID node 120a executes instructions as programmed or loaded from memory storage 315." [¶0175 Skaaksrud], such as when in a specific range (location).
Regarding Claim 14, Modified Meglan disclose the method of Claim 10.
Furthermore, Meglan discloses the communication data and localization data of the mobile cart (See at least ¶0086 and ¶0079).
However, Meglan does not explicitly disclose the adjusting of the parameters. Nevertheless, Skaaksrud--who is directed towards an Autonomous Bot Apparatus--discloses: further comprising adjusting data storage parameters (See at least ¶0178 via "Association data, such as association data 340, generally identifies a connected relationship between nodes. For example, ID node 120a may become associated with the master node 1720a as the ID node 120a moves within range of the master node 1720a and after the server directs the two nodes to associate (with authorization)"…"Thus, exemplary association data 340 may exist in volatile memory 320 and/or memory storage 315 as a type of data identifying associations between nodes and may be generated locally as part of associating between nodes." *via new data being generated (association data) and stored based on a location range (adjusting data storage parameters))
or data communication parameters based on the communication data and the localization data of the mobile cart (See at least ¶0116 via "As will be explained in more detail below, some embodiments may use Broadcast Profile having parameters that may be programmatically altered or adjusted. In other words, embodiments of ID node 120a (or any other ID node) may have programmatically adjustable RF characteristics (such as an adjustable RF output signal power, an adjustable RF receiver sensitivity, the ability to switch to a different frequency or frequency band, etc.)." *via the data communication parameters being adjusted.)
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to further modify the method of Modified Meglan in view of Skaaksrud's adjusting of the data communication parameters and the data storage parameters in order to better manage power consumption and adjust power to accurately accomplish a task: " In an example, the node power manager part of node control and management code 325 focuses on managing power consumption and the advantageous use of power (e.g., an adjustable level of RF output signal power) in a node." [¶0159 Skaaksrud] and " the exemplary node power manager may manage power when determining how to best to use and adjust power to more accurately accomplish a particular task." [¶0161 Skaaksrud]. Additionally, in order to more efficiently store data by only generating it as needed: "As previously noted, volatile memory 320 may also include certain data (e.g., profile data 330, security data 335, association data 340, shared data 345, sensor data, and the like) generated as the ID node 120a executes instructions as programmed or loaded from memory storage 315." [¶0175 Skaaksrud], such as when in a specific range (location).
Regarding Claim 15, Meglan discloses:
A non-transitory computer-readable storage medium storing a program, which when executed by a computer, causes the computer to: (See at least ¶0023 via "…a non-transitory storage medium that stores a program causing a computer to execute a method for radio-based localization…")
receive, from a radio transmitter, a signal including communication data and localization data of a mobile cart in a 3D space, wherein the communication data includes data corresponding to a power supply level of the mobile cart; (See at least Figure 8 via step 802. Also see at least ¶0086 via "In aspects, the robotic arm may include a transmitter 200 in operable communication with the receiver 205. The system 1000 may receive, from the transmitter 200 of the robotic arm 40, a signal including a position of the robotic arm in a 3D space based on the signal communicated by the transmitter 200 of the robotic arm 40 and determine the spatial pose of the robotic arm 40 based on the received signal" *which is the localization data; and also ¶0079 via "The robotic arm 40 may determine when a battery is below a threshold value and transmit the beacon and/or a message to a user based on the low battery." *wherein the transmitted beacon based on the low battery is an example of communication data)
determine a destination for the mobile cart based on the communication data in the received signal, the destination being selected from (See at least Figure 8 via steps 804-806 and also ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" *Wherein the destination being selected *from* an operating room includes a destination being selected from inside an operating room, and thus the destination being the operating room)
in response to the destination being the operating room and (See at least ¶0084 via "at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR" as well as Figure 8 which depict the destination being within an operating room as well as moving the cart to the spatial pose within an operating room, thus, the destination is an operating room)
However, although Meglan discloses selecting the destination/location to move the cart to (See at least Figure 8), and discloses the robotic arm determining when the battery level is below a threshold in at least ¶0079, Meglan does not explicitly disclose the destination being selected from a charging station, [or] a servicing center.
Nevertheless Venkiteswaran--who is directed towards a vehicle component diagnostic--discloses: the destination being selected from a charging station, a servicing center, (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge", and ¶0055 via "…the server 130 can identify a degraded state for an improperly inflated tire and instruct the vehicle 101 to move to a repair station 205 to resolve the degraded state.". Additionally, see at least ¶0074)
cause the mobile cart to move to a charging station when it is determined that a power supply of the mobile cart is below a threshold; and (See at least ¶0062 via "When the server 130 determines that the charge level is below the battery charge threshold, the server 130 can identify the degraded state and can determine to instruct the computer 105 to move the vehicle 101 to a charging station to recharge").
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the system of Meglan in view of Venkiteswaran's destinations of the charging station and the servicing center in order to allow the cart to have more destination options, additionally because moving of the vehicle to a charging station to recharge in order to ensure the vehicle (mobile cart) can be efficiently scheduled for operations, by accounting for the route it will have to travel (and whether it will have enough charge), as well as how long it will take to recharge: "The battery charge threshold can be determined as a charge level required to operate the vehicle 101 along a route of a specified length, e.g., an average length of an assigned route." and "The recharge time can be determined based on, e.g., the charging rate of the charging station, the charge level of the battery, the age of the battery, the ambient air temperature, etc." [¶0062 Venkiteswaran].
However, although Meglan discloses that the destination of an operating room, Meglan in view of Venkiteswaran do not explicitly disclose the registration of radio-frequency localization alignment upon arriving in the determined destination of the operating room.
Nevertheless, Selover--who is directed towards systems and methods for guiding surgical instruments using radio frequency technology--discloses: registering the (See at least ¶0014 via "determining the predetermined trajectory by comparing a pre-operative image of the patient including the target site with the location of the first radio frequency module within the patient" as well as ¶0063 via " the patient RF module(s) 212 can be attached to a patient by being implanted within a patient's body" and ¶0080 via "The pre-planning module 200 can be configured to predetermine the trajectory based on the known location of the one patient RF module 210 attached to the patient at the target surgical site, e.g., on the target site as discussed above. The location can be known in comparison to the pre-operative image(s), which can be scaled to facilitate the comparison. The trajectory determination can include a surgeon and/or other medical personnel measuring a distance from the patient RF module 210, e.g., graphically measuring the distance. The measured distance can be entered into a programmable interface on or otherwise coupled to the surgical instrument, and the interface can set the desired spatial relationship required between the patient RF module 210 and the one or more instrument RF modules 212 to determine the trajectory." **Which illustrates the aligning of radio frequency localization data representing a spatial pose with preoperative data).
Although Meglan does not explicitly disclose performing the localization upon arrival into the OR, Selover discloses an OR (¶0051-¶0053); thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to perform the registration when arriving at the destination of the operating room in order to perform the necessary set-up steps prior to or during surgical operations/procedures. Furthermore, it would have been obvious to apply the radio-frequency localization alignment using the pre-operative data such as in Selover, to the mobile cart of modified Meglan, who already utilizes radio frequency signals, in order to improve the accuracy of the spatial positioning of the surgical system/mobile cart relative to a patient/their anatomy when aligning with a planned trajectory: "In general, a greater number of instrument RF modules 214 corresponds to a greater accuracy of triangulation. The triangulation can provide positional information in multiple planes, e.g., X and Y planes to approximate a planar location and a Z plane to indicate a depth location." [¶0065 Selover].
However, Meglan, Venkiteswaran, and Selover do not explicitly disclose the parameters being adjusted.
Nevertheless, Skaaksrud--who is directed towards an autonomous bot apparatus--discloses: adjust data storage parameters (See at least ¶0178 via "Association data, such as association data 340, generally identifies a connected relationship between nodes. For example, ID node 120a may become associated with the master node 1720a as the ID node 120a moves within range of the master node 1720a and after the server directs the two nodes to associate (with authorization)"…"Thus, exemplary association data 340 may exist in volatile memory 320 and/or memory storage 315 as a type of data identifying associations between nodes and may be generated locally as part of associating between nodes." *via new data being generated (association data) and stored based on a location range (adjusting data storage parameters))
or data communication parameters based on the communication data and the localization data of the mobile cart (See at least ¶0116 via "As will be explained in more detail below, some embodiments may use Broadcast Profile having parameters that may be programmatically altered or adjusted. In other words, embodiments of ID node 120a (or any other ID node) may have programmatically adjustable RF characteristics (such as an adjustable RF output signal power, an adjustable RF receiver sensitivity, the ability to switch to a different frequency or frequency band, etc.)." *via the data communication parameters being adjusted.)
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the method of Meglan, Venkiteswaran, and Selover in view of Skaaksrud's adjusting of the data communication parameters and the data storage parameters in order to better manage power consumption and adjust power to accurately accomplish a task: " In an example, the node power manager part of node control and management code 325 focuses on managing power consumption and the advantageous use of power (e.g., an adjustable level of RF output signal power) in a node." [¶0159 Skaaksrud] and " the exemplary node power manager may manage power when determining how to best to use and adjust power to more accurately accomplish a particular task." [¶0161 Skaaksrud]. Additionally, in order to more efficiently store data by only generating it as needed: "As previously noted, volatile memory 320 may also include certain data (e.g., profile data 330, security data 335, association data 340, shared data 345, sensor data, and the like) generated as the ID node 120a executes instructions as programmed or loaded from memory storage 315." [¶0175 Skaaksrud], such as when in a specific range (location).
Regarding Claim 16, Modified Meglan discloses the non-transitory computer-readable storage medium of Claim 15.
Furthermore, Meglan discloses: wherein the communication data includes at least one of a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room and the program, when executed by the computer, causes the computer to: (See at least ¶0063 via "With this capability, placement of the mobile cart 60, to optimal locations, can be ensured with the use of active guidance feedback, for a specific surgical procedure, for a specific type of patient, on the specific type of surgical table, in a specific configuration of an OR." *Wherein the feedback is an example of communication data)
determine the destination based on at least one of a specific surgical procedure, a specific type of patient, a specific type of surgical table, or configuration of an operating room (See at least Figure 8 and ¶0084 via "Next, at step 806, the system 1000 determines a location to move the mobile carts 60 within an OR. In aspects, the determination may be based on a specific surgical procedure, a specific type of patient, a specific type of surgical table, and/or a configuration of the OR").
Regarding Claim 17, Modified Meglan discloses the non-transitory computer-readable storage medium of Claim 15.
Furthermore, Meglan discloses: wherein the program, when executed by the computer, causes the computer to register the mobile cart to other mobile carts and to a surgical table based on the communication data and localization data of the mobile cart (See at least ¶0089 via “The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules.”).
Regarding Claim 18, Modified Meglan disclose the non-transitory computer-readable storage medium of Claim 15.
Furthermore, Meglan discloses: wherein the program, when executed by the computer, causes the computer to register the mobile cart using the pre- operative data based on the communication data and localization data of the mobile cart (See at least ¶0089 via " In aspects, the system 1000 may determine whether the mobile cart 60 is in the correct room. This may help with reducing OR turnaround time and/or locating capital equipment. For example, a particular mobile cart 60 may be in a first OR, when the system 1000 needs the mobile cart 60 in the second OR. The system 1000 may include a communication module to allow a node to node communication between the mobile carts 60 or the robotic arms 40. For example, the communication module may include 27 Mbps communication between the nodes. The system 100 would be able to register the nodes by triangulation of the communication modules" *Wherein ensuring that the mobile cart is in the correct room is pre-operative data as the location of the mobile cart is necessary data used to prepare for a surgical procedure).
Regarding Claim 19, Modified Meglan discloses the non-transitory computer-readable storage medium of Claim 15.
However, Meglan does not explicitly disclose the communication data including data corresponding to service data.
Nevertheless, Venkiteswaran discloses: wherein the communication data includes data corresponding to service data of the mobile cart and the program, when executed by the computer, causes the computer to determine the destination based on the data corresponding to service data of the mobile cart (See at least ¶0055 via "Upon detection the vehicle 101, the server 130 can request tire pressure data 115 from the vehicle 101 from tire pressure sensors 110"… "When the tire pressure data 115 indicate that the tire pressure for one or more of the tires is outside of the tire pressure threshold, i.e., the tire is underinflated or overinflated, the server 130 can identify a degraded state for an improperly inflated tire and instruct the vehicle 101 to move to a repair station 205 to resolve the degraded state." *Wherein the communication data that corresponds to the service data is the tire pressure data, and based on the data, the vehicle is instructed to move to a repair station. Additionally see at least ¶0069-¶0074 via data regarding degraded brakes, and specifically ¶0074 via “When the time elapsed since the previous maintenance exceeds a time threshold, the server 130 can identify the degraded state and instruct the computer 105 to move the vehicle to the repair station 205 to replace and/or repair the brake”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the non-transitory computer-readable storage medium of Modified Meglan in further view of Venkiteswaran's communication data including data corresponding to service data being used to indicate whether a vehicle (such as a mobile cart) needs maintenance in order to ensure safe operation of the vehicle: "To state just one example, a state of vehicle tires is important to safe and efficient vehicle operation. For example, the vehicles can include tires that wear down over time." [¶0001 Venkiteswaran]. Additionally, Meglan discloses that the carts have wheels with brakes in at least ¶0040 via “a plurality of wheels 67, each of which having a brake 68”, which is why it would be obvious to account for these parts that require routine maintenance/servicing such as in Venkiteswaran, in order to ensure performance can be maintained by servicing as necessary: “When the vehicle 101 remains in the storage area 200 exposed to precipitation, a brake may absorb water, reducing friction between a brake pad and a wheel and reducing performance of the brake.” [Venkiteswaran ¶0117].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Meglan et. al. (US 20210046637 A1), Venkiteswaran et. al. (US 20200043257 A1), Selover et. al. (US 20170245780 A1), and Skaaksrud et. al (US 20190287063 A1) in view of Itkowitz et. al. (US 10008017 B2, IDS).
Regarding Claim 20, Modified Meglan discloses the non-transitory computer-readable storage medium of Claim 15.
Furthermore, Meglan discloses the communication data and localization data of the mobile cart (See at least ¶0079 and¶0086).
However, Modified Meglan does not explicitly disclose the registration of the instrument to intraoperative imaging. Nevertheless, Itkowitz--who is directed toward rendering tool information as graphic overlays on displayed images of tools--discloses: wherein the program, when executed by the computer, causes the computer to localize and register a position of a surgical instrument to intraoperative imaging based on the communication data and localization data of the mobile cart (See at least Col. 5 Lines 7-12 via "In block 5003, for each tool which has tool information to be displayed, the method translates the determined tool pose in the tool reference frame to a tool pose in an image reference frame which is from the perspective of the stereo camera of the endoscope 37". Additionally see at least Col. 5 Lines28-35 via "In block 5004, the method registers the tool information to the tool pose in the image reference frame. The tool information is preferably in the form of a three-dimensional overlay that conforms to the three-dimensional shape of the tool at a designated position on the tool. The tool information is then registered with the tool pose by registering the three-dimensional overlay at the designated position on the tool at the tool pose in the image reference frame.")
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the given invention to modify the non-transitory computer-readable storage medium of Modified Meglan in view of Itkowitz's registering of the tool via intraoperative imaging in order to allow a user of the system to be able to better monitor the robot arm that is attached to the mobile cart's positioning and actions: "one object of one or more aspects of the present invention is a robotic system, and method implemented therein, that provides tool information on a display so that the tool information is easily associated with an image of a tool being viewed at the time by a user of the system." [Col. 2 Lines 4-9 Itkowitz].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAYLA RENEE DOROS whose telephone number is (703)756-1415. The examiner can normally be reached Generally: M-F (8-5) EST.
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/K.R.D./Examiner, Art Unit 3657
/ABBY LIN/Supervisory Patent Examiner, Art Unit 3657
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