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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-24 and 49-55 drawn to a system and a platform, in the reply filed on 2 October 2025 is acknowledged.
Priority
The instant application is claimed as a Continuation of PCT/US2021/056912 (filed 27 October 2021), which claims benefit to US Provisional 63/106,688, filed 28 October 2000.
Formal Matters
Claims 6, 10, and 19 are cancelled. Claims 25-48 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2 October 2025. Claims 1, 20-24, and 50 are currently amended. Claims 1-5, 7-9, 11-18, 20-24, and 49-55 are under examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/17/2023, 11/05/2024 (2x), and 7/9/2025 have been considered by the examiner. Signed copies are attached.
Advisory Notice
Applicant is advised that the status identifiers for withdrawn claims 33 and 36 are incorrect. They recite “original” but are acknowledged in the Reply filed 2 October 2025 as being withdrawn and are also dependent on withdrawn claims. To avoid possible future delays in processing responses due to incorrect status identifiers, Applicant is advised to correct the status identifiers to insure accuracy.
Claim Rejections - 35 USC § 102
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 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 1-5, 7-9, 11-18, 20-24, and 49-55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeung et al., US 20150297299 (22 October 2015).
Regarding independent claim 1, Yeung teaches a system (100) for performing laparoscopic surgery (¶67), comprising: a camera (127) coupled to a camera positioning arm (FIGs 3A-B, 120);
a camera actuator disposed between the camera positioning arm and the camera (¶88),
the actuator operable to rotate the camera relative to the camera positioning arm about a primary camera axis (FIG 8A; ¶88) and
a secondary camera axis that is perpendicular to the primary camera axis (FIG 8A); and
a set of robotic arms (FIG 1, 130, 140), each of the set of robotic arms coupled to a respective support tube (FIGs 3A-B, 110), and comprising:
at least one end-effector for insertion into a body cavity of a subject to perform a laparoscopic surgical operation therein (139),
a first shaft (FIG 1, 131) having a first axis of symmetry (FIG 1, A),
a second shaft (FIG 1, 133) having a second axis of symmetry (FIG 1, C),
a third shaft (FIG 1, 135) having a third axis of symmetry (FIG 1, F),
a first actuator (¶¶111, 113) rotating the second shaft with respect to the first shaft about a first primary axis (FIG 1, B);
a second actuator (¶¶111, 113) rotating the third shaft with respect to the second shaft about a second primary axis (FIG 1, D); and
a third actuator (¶¶111, 113) rotating the end effector with respect to the third shaft about a third primary axis (FIG 1, E);
wherein each of the at least one internal end-effectors have 360-degree reach (FIGs 1, 3A, 3B; 130, 140, where 139 has at least 7 DOF with A, B, C, D, E, F, G; ¶¶109-110) and the camera has 360-degree visualization (FIG 8A, A, B, C, D; ¶87) to provide a full range of motion and orientation of operation and view perspective for performing the laparoscopic surgery while inserted into a body cavity of a subject (¶110, “one or more of the instrument arm assemblies may be configurable, either manually and/or via the computing device (or system), to provide seven or more in vivo degrees of freedom and, together with the at least one in vitro degree of freedom provided by the port assembly 110, including the controllable swivel assembly 1300 (see FIG. 13), the one or more of the instrument arm assemblies may be configurable, either manually and/or via the computing device (or system), to provide a total of eight or more degrees of freedom”).
The recited “360-degree reach” and “360-degree visualization” is broadly interpreted as an X, Y, Z Cartesian plane where each degree of freedom from each joint (as shown in the Figures of Yeung) correlates to a full range of movement as described in degrees of freedom.
Regarding claim 2, Yeung teaches the system of claim 1, as set forth above, wherein the body cavity is an abdomen of the subject (FIGs 12, 13; ¶6).
Regarding claim 3, Yeung teaches the system of claim 1, as set forth above, wherein the full range of motion and orientation of operation and view perspective comprises a front-facing, back-facing, side-facing, up-facing, down-facing, left-facing, or right-facing direction of motion or orientation of operation and view perspective (FIGs 1, 2B, 8A; ¶70).
Regarding claim 4, Yeung teaches the system of claim 1, as set forth above, wherein the full range of motion and orientation of operation and view perspective comprises ability to be adjusted by 90 degrees between any two positions or directions of motion or orientation of operation and view perspective (FIGs 1, 2B, 3B, 6E, 13; ¶73; ¶110, “seven or more in vivo degrees of freedom” … “eight or more DOF with controllable swivel assembly 1300”).
Regarding claim 5, Yeung teaches the system of claim 1, as set forth above, wherein the set of robotic arms (130/140) and/or the at least one camera (120/127) comprise external degrees of freedom that enable internal degrees of freedom to be translated about the body cavity of the subject (¶110, “seven or more in vivo degrees of freedom” … “eight or more DOF with controllable swivel assembly 1300”).
Regarding claim 7, Yeung teaches the system of claim 1, as set forth above, wherein the set of robotic arms comprises at least two robotic arms (130, 140).
Regarding claim 8, Yeung teaches the system of claim 1, as set forth above, wherein the set of robotic arms (130, 140) provides at least one degree of freedom of articulation that is internal to the body cavity of the subject during the laparoscopic surgical operation (FIGs 1, 3A, 3B; at least 7 DOF with A, B, C, D, E, F; ¶110, “seven or more in vivo degrees of freedom”).
Regarding claim 9, Yeung teaches the system of claim 8, as set forth above, wherein the set of robotic arms (130, 140) provides at least 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or more than 12 degrees of freedom of articulation that are internal to the body cavity of the subject during the laparoscopic surgical operation (FIGs 1, 3A, 3B; at least 7 DOF with A, B, C, D, E, F; ¶110, “seven or more in vivo degrees of freedom”).
Regarding claim 11, Yeung teaches the system of claim 1, as set forth above, wherein the at least one camera (120/127) is configured to provide at least one degree of freedom of articulation that is internal to the body cavity of the subject during the laparoscopic surgical operation (FIG 8A: A, B, C, D; ¶87, in vivo degrees of freedom).
Regarding claim 12, Yeung teaches the system of claim 11, as set forth above, wherein the at least one camera (120/127) is configured to provide at least 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or more than 12 degrees of freedom of articulation that are internal to the body cavity of the subject during the laparoscopic surgical operation (FIG 8A: A, B, C, D; ¶87, in vivo degrees of freedom).
Regarding claim 13, Yeung teaches the system of claim 1, as set forth above, wherein the at least one camera comprises at least one stereoscopic camera (¶86).
Regarding claim 14, Yeung teaches the system of claim 13, as set forth above, wherein the at least one stereoscopic camera comprises at least one actuatable stereoscopic camera (FIG 8A; ¶¶86, 88).
Regarding claim 15, Yeung teaches the system of claim 1, as set forth above, wherein the system provides at least 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, or more than 12 degrees of freedom of articulation that are internal to the body cavity of the subject selected from: an insertion degree of freedom, a roll degree of freedom, a pitch degree of freedom, and a yaw degree of freedom. (FIGs 1, 3A, 3B; 130, 140, 120, 139; at least 7 DOF with A, B, C, D, E, F, G; ¶110, “seven or more in vivo degrees of freedom” … “eight or more DOF with controllable swivel assembly 1300”).
Regarding claim 16, Yeung teaches the system of claim 1, as set forth above, wherein the at least one camera comprises a flash, a lens, a flash, a light, or any combination thereof (¶102).
Regarding claim 17, Yeung teaches the system of claim 1, as set forth above, wherein the at least one camera comprises a stereoscopic camera, an infrared camera, an optical camera, or any combination thereof (¶86).
Regarding claim 18, Yeung teaches the system of claim 1, as set forth above, wherein the end effector is a pincer, a grasper, a needle driver, a forceps, or any combination thereof (FIG 1, gripping instrument; ¶109).
Regarding claim 20, Yeung reaches the system of claim 1, as set forth above, wherein the primary camera axis and the secondary camera axis are perpendicular to an axis of symmetry of the camera positioning arm (FIG 8A; ¶88).
Regarding claim 21, Yeung teaches the system of claim 1, as set forth above, wherein the first actuator (¶¶111, 113) further rotates the second shaft with respect to the first shaft about a first secondary axis perpendicular to the first primary axis (FIG 1, B).
Regarding claim 22, Yeung teaches the system of claim 1, as set forth above, wherein the second actuator (¶¶111, 113) further rotates the third shaft with respect to the second shaft about a second secondary axis perpendicular to the second primary axis (FIG 1, D).
Regarding claim 23, Yeung teaches the system of claim 1, as set forth above, wherein the third actuator (¶¶111, 113) further rotates the end effector with respect to the third shaft about a third secondary axis perpendicular to the third primary axis (FIG 1, E).
Regarding claim 24, Yeung teaches the system of claim 1, as set forth above, further comprising a trocar (port assembly 110),
and wherein the camera positioning arm, the first shaft of one or more of the two or more arms, or both are translatable with respect to the trocar (FIGs 6A-F, 9, 10A-D, 11A-E; ¶75).
Regarding independent claim 49, Yeung teaches a platform comprising: (a) the system of claim 1 (as set forth above in claim 1); (b) a motor providing power to the system (motor 1302a, 1304a; ¶130); and (c) a gantry coupled to the motor (FIG 13, swivel assembly 1300, arrow C; ¶70).
Regarding claim 50, Yeung teaches the platform of claim 49, as set forth above, wherein the motor provides power to one or more of (¶130): (a) a camera actuator (1308); (b) a first actuator (1302); (c) a second actuator (1304a); and (d) a third actuator (1306a).
Regarding claim 51, Yeung teaches the platform of claim 49, as set forth above, wherein the gantry couples to the motor by one or more of a rotatable coupling and a translatable coupling (FIG 13, swivel portion 1300; ¶130; translational movement, arrow A, ¶131).
Regarding claim 52, Yeung teaches the platform of claim 49, as set forth above, further comprising a surgical table (FIG 13; ¶70).
Regarding claim 53, Yeung teaches the platform of claim 49, as set forth above, further comprising a display receiving an image from the camera (FIG 12, 1202; ¶86).
Regarding claim 54, Yeung teaches the platform of claim 53, as set forth above, wherein the display is a head-mounted display (wearable glasses, ¶86).
Regarding claim 55, Yeung teaches the platform of claim 49, as set forth above, further comprising an input providing an actuation command to the motor (¶111).
Conclusion
No claim is allowed.
The prior art made of record and not presently relied upon is considered pertinent to applicant's disclosure:
Scarfogliero et al., US 20130131695 (23 May 2013) teaches robotic apparatus for minimally invasive surgery (FIG 1).
Diolaiti et al., US 20150057677 (26 February 2015) teaches control system configured to compensate for non-ideal actuator-to-joint linkage characteristics in a medical robotic system (FIG 4).
Cohen et al., US 20170231701 (17 August 2017) teaches methods and devices for hysterectomy.
Tojo et al., US 20190328470 (31 October 2019) teaches surgical system and methods of controlling surgical system (FIG 5).
Sachs et al., US 20170181802 (29 June 2017) teaches virtual reality surgical device (FIG 1).
Mizuno et al., US 5,876,325 (2 March 1999) teaches a surgical manipulation system.
Diolaiti et al., US 20070287992 (13 December 2007) teaches control system configured to compensate for non-ideal actuator-to-joint linkage characteristics in a medical robotic system (FIG 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHERIE M POLAND whose telephone number is (703)756-1341. The examiner can normally be reached M-W (9am-9pm CST) and R-F (9am-3pm CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHERIE M POLAND/Examiner, Art Unit 3771
/SHAUN L DAVID/Primary Examiner, Art Unit 3771