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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 12/15/2025, with respect to the rejection(s) of claims 1, 2 and 5-8 under35 U.S.C. 102(a)(1) and claims 3 and 4 under35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a newly found prior art reference.
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 1-3, 5, 6, 8-11, 13-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dachs, II et al (US 2012/0150192).
Regarding claim 1, Dachs discloses a surgical robotic system 10 comprising:
a surgical instrument 432;
a robotic arm 436 including an instrument drive unit 500 configured to couple to and to actuate the surgical instrument 432; and
a controller configured 416 to:
access usage data pertaining the surgical instrument 432;
compare the usage data to a usage threshold corresponding to an instrument operational mode of the surgical robotic system, the instrument operational mode being one of a surgical mode or a training mode.
Dachs discloses the comparison of usage data to a usage threshold to comprise, “the main shaft drive 504 may have a back-driving torque threshold such that the main shaft/end effector assembly 502 back drives the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque (including any torque necessary to overcome friction induced restraint) over the back-driving torque threshold and does not back drive the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque under the back-driving torque threshold.” See paragraph [0151].
Use of the surgical instrument 432 is prevented in response to the usage data being below the usage threshold. Dachs teaches it is “desirable to avoid the use of certain mechanisms that prevent rotational driving (also known as back driving) of the main shaft drive 504 by the main shaft 508,” see paragraph [0151].
Operation is enabled for the surgical instrument by the instrument drive unit in response to the usage data being above the usage threshold which comprises the torque threshold. Dachs discloses, enablement where the “magnitude of the counteracting torque differs from the magnitude of the torque(s) transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 by a net torque magnitude that is less than the back-driving torque threshold for the main shaft drive 504 even when the torque transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 exceeds the back-driving torque threshold.” See paragraph [0160].
Regarding claims 2, 10 and 16, Dachs discloses in the surgical mode, the controller 416 is further configured to fully power the instrument drive unit, see paragraph [0171].
Regarding claims 3, 11 and 17, Dachs discloses in the training mode the instrument drive unit is partially powered, see paragraph [0171].
Regarding claims 5, 13 and 19, Dachs discloses the controller 416 is further configured to update the usage data in subsystem 422 following the use of the surgical instrument, see paragraph [0141].
Regarding claims 6, 14 and 20, Dachs discloses the controller 416 is further configured to receive a system operational mode, the system operational mode being one of the surgical mode or the training mode, see paragraph [0142].
Regarding claim 8, Dachs discloses the usage data includes at least one of number of activations, number of uses, total force, total torque, time used, or a mode indicator, see paragraph [0160].
Regarding claim 9, Dachs discloses a surgical robotic system 10 comprising:
a surgical instrument 432;
a robotic arm 436 including an instrument drive unit 500 configured to couple to and to actuate the surgical instrument 432; and
a controller configured to 416:
set a system operational mode of the robotic arm in one of a surgical mode or a demonstration mode, Dachs discloses the differential 118 can be configured to a “desired operational characteristic of the surgical instrument,” see paragraph [0096];
access usage data pertaining the surgical instrument 432;
compare the usage data to a usage threshold corresponding to an instrument operational mode, the instrument operational mode being one of the surgical mode or the demonstration mode.
Dachs discloses the comparison of usage data to a usage threshold to comprise, “the main shaft drive 504 may have a back-driving torque threshold such that the main shaft/end effector assembly 502 back drives the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque (including any torque necessary to overcome friction induced restraint) over the back-driving torque threshold and does not back drive the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque under the back-driving torque threshold.” See paragraph [0151].
Use of the surgical instrument 432 is prevented in response to the usage data being below the usage threshold. Dachs teaches it is “desirable to avoid the use of certain mechanisms that prevent rotational driving (also known as back driving) of the main shaft drive 504 by the main shaft 508,” see paragraph [0151].
Operation is enabled for the surgical instrument 432 by the instrument drive unit in response to the usage data being above the usage threshold which comprises the torque threshold. Dachs discloses, enablement where the “magnitude of the counteracting torque differs from the magnitude of the torque(s) transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 by a net torque magnitude that is less than the back-driving torque threshold for the main shaft drive 504 even when the torque transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 exceeds the back-driving torque threshold.” See paragraph [0160].
The surgical instrument 432 is enabled in response to:
the usage data being above the usage threshold, and the system 10 operational mode corresponding to the instrument 432 operational mode.
Regarding claim 15, Dachs discloses a method for enabling use of a surgical instrument 432, the method comprising:
accessing usage data of the surgical instrument 432;
Dachs discloses the comparison of usage data to a usage threshold to comprise, “the main shaft drive 504 may have a back-driving torque threshold such that the main shaft/end effector assembly 502 back drives the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque (including any torque necessary to overcome friction induced restraint) over the back-driving torque threshold and does not back drive the main shaft drive when the main shaft/end effector assembly 502 is subject to a net torque under the back-driving torque threshold.” See paragraph [0151].
Use of the surgical instrument 432 is prevented in response to the usage data being below the usage threshold. Dachs teaches it is “desirable to avoid the use of certain mechanisms that prevent rotational driving (also known as back driving) of the main shaft drive 504 by the main shaft 508,” see paragraph [0151].
Operation is enabled for the surgical instrument by the instrument drive unit in response to the usage data being above the usage threshold which comprises the torque threshold. Dachs discloses, enablement where the “magnitude of the counteracting torque differs from the magnitude of the torque(s) transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 by a net torque magnitude that is less than the back-driving torque threshold for the main shaft drive 504 even when the torque transmitted into the main shaft/end effector assembly 502 by the first and second output links 530, 536 exceeds the back-driving torque threshold.” See paragraph [0160].
Allowable Subject Matter
Claims 4, 12 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George Manuel whose telephone number is (571) 272-4952.
The examiner can normally be reached on regular business days.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached on (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/George Manuel/
Primary Examiner
Art Unit: 3792
1/8/2026