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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 6, 2026 has been entered.
Response to Arguments
Applicant's arguments filed on August 6, 2026 have been fully considered but they are not persuasive.
In applicant’s arguments, Applicant states that Luna does not appear to disclose using movement of the target site to determine a change in target depth and then using that determined target-depth change to update focus or working span during the robotic orbital motion. The examiner respectfully disagrees.
As explained in para [0456] of Luna, due to the movement of the robotic arm towards the surgical site (which would result in a change in the position of the target site and a change in the target depth), the working distance/working span or focal point is changed/updated by moving one or more lenses of the camera to maintain focus when the robotic arm is in orbital motion.
Claim Objections
Claim 14 is objected to because of the following informalities:
In claim 14 lines 2-3, the claim reads “…which the working span is update..”, but should read “…which the working span is updated” (i.e. with ed added to the end).
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9-10, 12-19, and 24 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2019/0327394 A1 to Ramirez Luna et al. (hereinafter “Luna”).
Regarding claim 1, Luna teaches:
A robotic imaging system for imaging a target site in an eye (see abstract, line 1 and claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”), the robotic imaging system comprising:
a stereoscopic camera configured to record a left image and a right image of the target site for producing at least one stereoscopic image of the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
a robotic arm operatively connected to the stereoscopic camera, the robotic arm being adapted to selectively move the stereoscopic camera relative to the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
wherein the stereoscopic camera includes an optical assembly having at least one lens and defining a working span/working distance (figs. 3-4, para 0088, para 0096, para 0127, and para 0130-0132),
the optical assembly having at least one focus motor/lens motor adapted to move the at least one lens to selectively vary the working span/working distance (para 0088, para 0120, para 0125, para 0130-0132, and para 0223-0224);
a controller in communication with the robotic arm and having a processor and tangible, non-transitory memory on which instructions are recorded (see abstract: “…The robotic imaging apparatus also includes a processor that is configured to determine a movement sequence for the robotic arm based on a current position of the robotic arm”, para 0014: “Moreover, the robotic imaging apparatus includes at least one processor communicatively coupled to the sensor and the robotic arm. The at least one processor configured to receive the output data from the sensor that is indicative of the translational and rotational forces and determine, using the at least one algorithm in the memory, a movement sequence for the robotic arm based on a current position of the robotic arm and the output data from the sensor.”, para 0203, para 0443, and para 0567),
the controller/processor being configured to determine a change in target depth from an initial/current target position of the target site (see para 0456 and para 0555-0566), and wherein the change in the target depth being defined as a displacement in position of the target site (para 0086-0087, para 0456, para 0538, and para 0344-0347), and
update/change a specific focal length based in part on the change in the target depth/working distance (also called the optical path) (see fig. 7, 706, para 0130-0132, para 0147-0149, para 0472, and para0474),
the controller/processor is adapted to selectively execute an orbital scanning mode/lock-to-target mode (or feature) causing the robotic arm to sweep an orbital trajectory (movement along the virtual sphere) at least partially circumferentially around the eye/target surgical site while maintaining focus (para 0103, para 0583, para 0586, and para 0589-0592), the focus maintained by updating the working span of the at least one lens based on the change in the target depth of the target site that is determined based on movement of the target site that occurs while the robotic arm is sweeping the orbital trajectory (see para 0456). As explained in para [0456] of Luna, due to the movement of the robotic arm towards the surgical site (which would result in a change in the position of the target site and a change in the target depth), the working distance/working span or focal point is changed/updated by moving one or more lenses of the camera to maintain focus when the robotic arm is in orbital motion.
Regarding claim 2, Luna teaches the robotic imaging system of claim 1, wherein the target site includes the peripheral or outer edge of the retina/ora serrata (para 0103 and para 0563).
Regarding claim 3, Luna teaches:
The robotic imaging system of claim 1, wherein:
the orbital trajectory is defined in a spherical coordinate axis (XYZ coordinates) defining a first spherical angle (U) and a second spherical angle (V) (see fig. 65, XYZ coordinates, para 0589-0592);
and the controller is adapted to change a view angle of the orbital trajectory by keeping the first spherical angle/vector (or target) constant while iterating the second spherical angle until a desired viewing angle/sphere end point is reached (para 0565, para 0585, and para 0589-0592).
Regarding claim 4, Luna teaches:
The robotic imaging system of claim 3, wherein:
the controller is adapted to selectively command the orbital trajectory by iterating the first spherical angle between a predefined starting angle and a predefined ending angle while keeping the second spherical angle constant at the desired viewing angle (para 0014, para 0590-0592). Since the system comprises an orbital trajectory that iterates at an angle (u) while keeping the other angle (v) constant, and includes memory and an algorithm defining instructions that specify a rotation direction, speed, duration, or a movement sequence of each joint of the arm based on the current position of the arm, a predefined starting angle and ending angle must be defined since the system accesses a form of memory to control the orbital trajectory of the robotic arm.
Regarding claim 5, Luna teaches the robotic imaging system of claim 1, wherein the orbital trajectory at least partially forms a circle/egg-shape (para 0103, para 0590-0592).
Regarding claim 9, Luna teaches:
The robotic imaging system of claim 1, wherein:
and the controller is adapted [to] change a view vector of the stereoscopic camera to a desired viewing angle/position (para 0481, para 0486-0490, para 0499-0500, para 0502, para 0504, para 0533, and para 0603).
Regarding claim 10, Luna teaches:
The robotic imaging system of claim 1, wherein:
the controller is configured to lock a respective position of each target point along the orbital trajectory by restricting the respective position of the stereoscopic camera to an outer surface of a virtual sphere (para 0013, para 0524-0525, para 0582-0583), the virtual sphere defining a radius correlated to the working span/working distance (see fig. 7-700, annotated figs. 43 and 65 below, para 0131-0132, para 0472-0473, para 0477, and para 0583). Since the focus length in fig. 43 is comparable to the radius (center of the virtual sphere from the virtual spherical surface), the examiner concludes that the radius is comparable to the specific focal length and correlated to the working span/working distance as shown below.
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Regarding claim 12, Luna teaches the robotic imaging system of claim 10, wherein:
the controller is configured to determine a change in height/focus of the stereoscopic camera from an initial camera position (due to a change in the rear working distance lens) (see annotated fig. 43 below, para 0255, para 0293-0294, and para 0472-0474),
the change in the height/focus (alongside of the working distance) being defined as a displacement in position of the stereoscopic camera along an axial direction (see annotated fig. 43 below, para 0088, para 0128, para 0120, para 0168, and para 0197 );
and the controller is configured to update the working span/working distance of the at least one lens based at least on the change in the height of the stereoscopic camera (see para 0116, para 0131-0132, para 0235-0236, para 0456).
Regarding claim 13, Luna teaches the robotic imaging system of claim 1, wherein:
when the robotic arm is no longer moving (in a physical stop position), the controller/processor is configured to determine motor commands for the at least one focus motor corresponding to a maximum sharpness position/resolution adjustments (or optimal resolution) (see fig. 22-2202, para 0255-0256, para 0324-0325, and para 0470 );
and wherein the maximum sharpness is based on one or more sharpness parameters, including a sharpness signal, a maximum sharpness signal and a derivative over time of the maximum sharpness (para 0373-0374).
Regarding claim 14, Luna as modified teaches the robotic imaging system of claim 1, wherein:
The orbital scanning mode includes a plurality of updates cycles during which the working span is updat[ed],and in each update cycle, the controller is configured to inject/introduce respective delta values (anti-yaw correction and roll and pitch amounts for the stereoscopic camera) to respective coordinate positions of the target site of the orbital trajectory/movement along the virtual sphere (para 0456, para 0588, para 0593-0594, para 0601, and para 0602).
Regarding claim 15, Luna teaches:
A stereoscopic imaging system for imaging a target site in an eye (title, abstract, and para 0012), the stereoscopic imaging system comprising:
a stereoscopic camera configured to record a left image and a right image of the target site for producing at least one stereoscopic image of the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
a robotic arm operatively connected to the stereoscopic camera, the robotic arm being adapted to selectively move the stereoscopic camera relative to the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
wherein the stereoscopic camera includes an optical assembly having at least one lens and defining a working span/working distance (figs. 3-4, para 0088, para 0096, para 0127, and para 0130-0132),
the optical assembly having at least one focus motor/lens motor adapted to move the at least one lens to selectively vary the working span/working distance (para 0088, para 0120, para 0125, and para 0130-0132); and
a controller in communication with the robotic arm and having a processor and tangible, non-transitory memory on which instructions are recorded (see abstract: “…The robotic imaging apparatus also includes a processor that is configured to determine a movement sequence for the robotic arm based on a current position of the robotic arm”, para 0014: “Moreover, the robotic imaging apparatus includes at least one processor communicatively coupled to the sensor and the robotic arm. The at least one processor configured to receive the output data from the sensor that is indicative of the translational and rotational forces and determine, using the at least one algorithm in the memory, a movement sequence for the robotic arm based on a current position of the robotic arm and the output data from the sensor.”, para 0203, para 0443, and para 0567),
the controller/processor being adapted to
selectively execute an orbital scanning mode/lock-to-target feature causing the robotic arm to sweep an orbital trajectory at least partially circumferentially around the eye/target surgical site while maintaining focus on the target site by adjusting at least one focus motor during the orbital scanning mode based on movement of the target during the orbital scanning mode (para 0103, para 0223-0224, para 0233, para 0456, para 0583, para 0586, and para 0589-0592).
Regarding claim 16, Luna teaches the robotic imaging system of claim 15, wherein the target site includes the peripheral or outer edge of the retina/ora serrata (para 0103 and para 0563).
Regarding claim 17, Luna teaches the stereoscopic imaging system of claim 15, wherein:
the orbital trajectory is defined in a spherical coordinate axis (XYZ coordinates) defining a first spherical angle (U) and a second spherical angle (V) (see fig. 65, XYZ coordinates, para 0589-0592);
and the controller is adapted to change a view angle of the orbital trajectory by keeping the first spherical angle/vector (or target) constant while iterating the second spherical angle until a desired viewing angle/sphere end point is reached (para 0565, para 0585, and para 0589-0592); and
the controller is adapted to selectively command the orbital trajectory by iterating the first spherical angle between a predefined starting angle and a predefined ending angle while keeping the second spherical angle constant at the desired viewing angle (para 0014, para 0590-0592). Since the system comprises an orbital trajectory that iterates at an angle (u) while keeping the other angle (v) constant, and includes memory and an algorithm defining instructions that specify a rotation direction, speed, duration, or a movement sequence of each joint of the arm based on the current position of the arm, a predefined starting angle and ending angle must be defined since the system accesses a form of memory to control the orbital trajectory of the robotic arm.
Regarding claim 18, Luna teaches the stereoscopic imaging system of claim 15, wherein:
when the robotic arm is no longer moving (in a physical stop position), the controller/processor is configured to determine motor commands for the at least one focus motor corresponding to a maximum sharpness position/resolution adjustments (or optimal resolution) (see fig. 22-2202, para 0255-0256, para 0324-0325, and para 0470);
and wherein the maximum sharpness is based on one or more sharpness parameters, including a sharpness signal, a maximum sharpness signal and a derivative over time of the maximum sharpness (para 0373-0374).
Regarding claim 19, Luna teaches the stereoscopic imaging system of claim 18, wherein: the sharpness signal is defined as a contrast between respective edges of an object in the at least one stereoscopic image (see para 0373-0374);
and the maximum sharpness signal is defined as a largest sharpness value observed during a scan period (scan period of the left and right images) (para 0373-0374).
Regarding claim 24, Luna teaches:
A robotic imaging system for imaging a target site in an eye (see abstract, line 1 and claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”), the robotic imaging system comprising:
a stereoscopic camera configured to record a left image and a right image of the target site for producing at least one stereoscopic image of the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
the stereoscopic camera including an optical assembly having at least one lens and at least one focus motor/lens motor adapted to move the at least one lens to selectively vary the working span/working distance of the at least one lens (para 0088, para 0120, para 0125, para 0130-0132, and para 0223-0224);
a robotic arm operatively connected to the stereoscopic camera, the robotic arm being adapted to selectively move the stereoscopic camera relative to the target site (see claim 1: “a stereoscopic camera connected to the robotic arm at the coupling interface, the stereoscopic camera configured to record left and right images of a target surgical site for producing a stream of stereoscopic images of the target surgical site.”);
the controller/processor is adapted to selectively execute an orbital scanning mode/lock-to-target mode (or feature) causing the robotic arm to sweep an orbital trajectory (movement along the virtual sphere) at least partially circumferentially around the eye/target surgical site (para 0103, para 0583, para 0586, and para 0589-0592),
and
automatically adjust the at least one focus motor during the orbital scanning mode based on movement by both the robotic arm and the target site during the orbital scanning mode (see para 0088 and para 0456).
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.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Luna in view of Lang (WO 2020/102665 A1, with citation to the corresponding US Publication No. US 2022/0079675 A1), and further in view of US 2020/0237211 A1 to Copland.
Regarding claim 23, Luna as modified teaches the robotic imaging system of claim 1,
wherein the controller/processor is configured to:
center the stereoscopic camera on a reference plane/ object plane of the eye, via a robotic arm (fig. 7-700 and 706, 44, fig. 50, para 0059, para 0074, para 0068, para 0085-0086, para 0131-0132, and para 0295), and
estimate a first working span/working distance (aligned with the working direction) to a reference surface of the eye (para 0464, para 0476, and para 0517-0518);
increase a specific focal length to a second working span/working distance (see para [0456]), but does not explicitly disclose wherein the second working span/distance being a sum of the first working span and a personalized anatomic parameter.
However, Lang teaches systems and methods for adjusting the focal plane of a head mounted display used during surgery and/or during a medical procedure (see abstract). The system (fig. 1) teaches adjusting the focal plane and/or focal point of the display of the virtual data (first working span) to a second working span (the anatomic data or structure) based on the measured distance from the head mounted display to an anatomic data or structure (see abstract, para 0255 and para 0259 – emphasis on the first sentence and last two sentences).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Luna with the teachings of Lang to arrive at the claimed invention. Such modification would result in a reasonable expectation for success, since system described in Lang the embodiment described in Luna would allow for precise, real-time images of the small target surgical site during the surgical procedure, allowing for a more accurate and safe surgical experience.
Although Lang teaches wherein the second working span/distance being a sum of the first working span and a personalized anatomic parameter, Lang and Luna do not explicitly disclose wherein the personalized anatomical parameter is the radius of the eye from the anterior direction to the posterior direction.
However, Copland teaches methods and system for OCT scanning of the cornea and retina (see title and abstract). The system (figs. 3A-3B) teach wherein the eye imaging and diagnostic system stores Intraocular Lens (IOL) data of a patient, wherein the IOL data includes the anterior and posterior radius (see para 0001, para 0009, para 0011, para 0077, and para 0139-0140).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified teachings of Luna with the teachings of Lang and Copland to arrive at the claimed invention. Such modification would improve the system by allowing precise, real-time data of the eye to be obtained and used during the surgical procedure, allowing for a more personalized, accurate, and safe surgical experience for the patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Biernat et al. (US 2007/0030448 A1) teaches an optical device for observing and documenting the ocular fundus containing a fundus camera/ophthalmoscope (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARMEL J WEBSTER whose telephone number is (703)756-5960. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
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/K.J.W./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
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