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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/19/23 is in compliance with the provisions of 37 CFR 1.97(b). Accordingly, the IDS is being considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It appears language is missing to differentiate between the first and plurality of additional user interface controls. Examiner interprets as the second user interface control area is operable during a condition of the first user interface being inoperable. ?? Please advise and correct. Claim 23 is further rejected based on dependency and please advise and correct if language is missing here as well.
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)(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.
Claims 11, 7, 8, 1, 5, 14-20, 21-22, 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Baez, Jr (US 2020/0060516) (“Baez”). Baez discloses:
(claims 11,22) A system comprising: a medical function unit configured to provide a medical function during a medical procedure, the medical function being adjustable by the medical function unit [0144] Figs. 19-24E; a first user interface operably coupled to the medical function unit, the first user interface comprising a first adjustable control setting mapped to control a parameter of the medical function [0144] Figs. 19-24E, [0080] Fig.2; and a second user interface operably coupled to the medical function unit, the second user interface comprising a second adjustable control setting mapped to control the parameter of the medical function [0144] Figs. 19-24E; (also claim 22) wherein the second user interface is operable during a condition of the first user interface being inoperable [0220] Figs. 19-24E.
(claim 7) A control tower 11 of a medical system for performing a medical procedure [0073] Figs. 1, 19, the control tower comprising: a medical function unit comprising: a connector interface configured to provide a connection to a medical instrument supported by the medical function unit [0144] Figs. 19-24E, and a first user interface control area comprising one or more first control settings associated with control of the medical function unit [0080] Fig. 2; and a user interface operably coupled to the medical function unit, the user interface comprising a plurality of additional user interface control areas comprising additional control settings to adjust one or more control settings of the medical system [0078] Fig. 2, wherein one of the plurality of additional user interface control areas comprises one or more additional control settings associated with control of the medical function unit [0078] Figs. 1-2, and wherein the one or more first control settings of the first user interface control are redundant to at least some of the one or more additional control settings of the one additional user interface control area [0078].
(claim 8) A method of controlling medical functions of a medical system utilized in a medical procedure, the method comprising: receiving at a processor a command to power down a first control interface in an operational state of providing first control settings associated with a medical function unit of the medical system [0220] Figs. 19-24E; and in response to receiving the command to power down the first control interface, outputting from the processor, a command causing control of the medical function unit to transfer to a second control interface, separate from the first control interface [0144] Figs. 19-24E.
Claim 1: the medical function unit comprises a connector interface configured to be operably coupled to a medical instrument and to deliver the medical function to the medical instrument [0144] Figs. 19-24E
Claim 5: the first user interface is an area of an integrated user interface comprising at least one additional user interface area operably coupled to control at least one other medical function unit. [0078] Fig. 2
Claim 14: a second medical function unit configured to provide a second medical function during the medical procedure, the second medical function being adjustable by the second medical function unit, wherein the first user interface is operably coupled to the second medical function unit; and the first user interface comprises a second adjustable control setting mapped to control a parameter of the second medical function. (the second medical function unit is for example a controller and drive unit for the second robotic arm)
Claim 15: the parameter of the second medical function is controllable only by the second adjustable control setting of the first user interface. (the second robotic arm is controlled via a subset of control settings of the first input device)
Claim 16: the medical function unit comprises a connector interface configured transmit the medical function to a medical instrument connected to the connector interface; and the connector interface is at a location adjacent a location of the adjustable control setting. (the cart comprises connector interfaces)
Claim 17: the adjustable control setting is part of a touchscreen display. [0095]
Claim 18: the medical function unit comprises the second user interface. (each robotic arm comprises a manual mode input unit)
Claims 19,21: the medical function unit is configured to provide an insufflation gas function. [0095]
Claim 20: the first user interface and the second user interface are synchronized to a same adjustable control setting in an operable state of the first user interface and the second user interface. (movement of the robotic arm by the manual device changes the values shown on the display of the robotic control unit, e.g. the touchscreen. Hence the controls are synchronized)
Claim 9: transferring the control of the medical function unit to the second control interface further comprises activating a second user interface control area to enable interaction with a user. (activating is interpreted as activating robotic control, which is done when the manual control is not activated or disabled)
Claim 10: further comprising waiting a predetermined time period before powering down the first control interface in response to receiving the command to power down. [0220] Fig. 26; (checking and confirming that the coupling took place takes a predetermined time until the manual drive is actually disabled)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 12-13 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Baez in view of Eterne (KR 20110003229).
Baez discloses the invention as substantially claimed but does not directly disclose the situation in which the first user interface being inoperable comprises a loss of power to the first user interface; the system is a teleoperated surgical system and the loss of power occurs in response to a manual power down of the teleoperated surgical system to clear a non-recoverable fault. Eterne, in the analogous art, describes this loss of power as an emergency switching from due to a mistake from a learner, the physician can take manual control via the manual input handle. This is interpreted that the primary physician “powers down” the robotic handling and overrides the robotic control with manual control, hence the “loss of power” in the robotic arm occurs due to manipulation of the manual input device (see paragraphs beginning; “While performing a remote operation using the surgical robot…if an emergency occurs…” and “In this state, if the learner malfunctions or an emergency situation occurs…” and next paragraph “Conversely, the learner sits on the master console to perform robotic surgery…”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the control of Baez with the “power down” control as taught by Eterne to increase the safety of the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783