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 .
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 12-20 of U.S. Patent No. 11,933,827 (thereafter referred to as Patent ‘827). Although the claims at issue are not identical, they are not patentably distinct from each other.
As for claim 1, Patent ‘827 discloses a control input device (see the control input device in claim 1 of Patent ‘827) comprising:
a support structure coupled to electrical ground (see support structure in claim 1, line 2 of Patent’827);
a handle coupled to the support structure and moveable in one or more degrees of
freedom with reference to the support structure (see the handle in claim 1, lines 3-5 of Patent ‘827), the handle including at least one touchable portion (grip member in claim 1, lines 4-5 and 10-11) that comprises electrically conductive elements (a finger loop includes conductive elements, see claim 14 of Patent ‘827); and
a capacitive sensor circuit electrically coupled to the handle (see the capacitive sensor circuit in claim 1, lines 8-9 of Patent’827);
wherein the electrically conductive elements of the handle operate as an antenna for the
capacitive sensor circuit (grip member is an antenna, see claim 1, lines 10-11 of Patent ‘827).
As for claim 2, Patent ‘827 discloses the control input device of claim 1, wherein: the electrically conductive elements include conductive metallic elements (finger loop includes conductive metallic elements, see claim 14 of Patent ‘827).
As for claim 3, Patent ‘827 discloses the control input device of claim 1, wherein: the at least one touchable portion of the handle includes at least one finger loop (finger loop includes conductive metallic elements, see claim 14 of Patent ‘827) receptive to at least one finger.
As for claim 4, Patent ‘827 discloses the control input device of claim 1, wherein: the handle further includes a rotatable grip member (see claim 1, line 5 of Patent ‘827).
As for claim 5, Patent ‘827 discloses the control input device of claim 4, wherein: the grip member of the handle additionally operates as the antenna for the capacitive sensor circuit (see claim 1, lines 10-11 of Patent ‘827).
As for claim 6, Patent ‘827 discloses the control input device of claim 4, further comprising: one or more electrical isolation elements coupled between the grip member and the support structure (see the electrical isolation elements in claim 1, lines 6-7 of Patent ‘827).
As for claim 7, Patent ‘827 discloses the control input device of claim 1, wherein: the capacitive sensor circuit is configured to detect a capacitance of the handle with reference to the electrical ground based on an electrical signal applied from the capacitive sensor circuit to the handle (see claim 12 of Patent ‘827).
As for claim 8, Patent ‘827 discloses the control input device of claim 1, wherein: the handle is rotatable in one or more rotational degrees of freedom about corresponding one or more rotational axes of the handle with reference to the support structure (see claim 13, lines 1-5 of Patent ‘827).
As for claim 9, Patent ‘827 discloses the control input device of claim 1, wherein: the control input device further includes an element coupled to the handle; and the element is configured to cause the handle to move by translating along a linear axis of the handle with reference to the support structure (see claim 15 of Patent ‘827).
As for claim 10, Patent ‘827 discloses the control input device of claim 1, wherein the control input device is mechanically grounded (see claim 16 of Patent ‘827).
As for claim 11, Patent ‘827 discloses the control input device of claim 1, wherein: the control input device is mechanically ungrounded. (see claim 17 of Patent ‘827).
As for claim 12, Patent ‘827 discloses the control input device of claim 1, wherein: the control input device further includes one or more control input sensors that sense one or more positions, one or more orientations, or one or more positions and orientations of the handle in the one or more degrees of freedom (see claim 18, lines 1-7 of Patent ‘827).
As for claim 13, Patent ‘827 discloses the control input device of claim 1, wherein:
the control input device is part of a teleoperated surgical system;
the teleoperated surgical system includes a controlling mode in which movement of the
handle in the one or more degrees of freedom activates one or more functions of a manipulator
device of the teleoperated surgical system; and
a capacitance that indicates presence of a hand of a user at the control input device is sensed
by the capacitive sensor circuit and causes activation of the controlling mode of the teleoperated
surgical system (see claim 18, lines 8-21 of Patent ‘827).
As for claim 14, Patent ‘827 discloses a method comprising:
sending an electrical signal from a capacitive sensor circuit to a handle of a control input
device, the handle including at least one touchable portion that comprises electrically conductive
elements, wherein the electrically conductive elements of the handle operate as an antenna for the
capacitive sensor circuit;
sensing, by the capacitive sensor circuit, a first capacitance of the handle based on the
electrical signal; and
determining that a user presence has been detected at the control input device in response
to the sensed first capacitance of the handle satisfying one or more detection criteria (see the method claim 19 of Patent ‘827).
As for claim 15, Patent ‘827 discloses the method of claim 14, wherein: the user presence includes user contact received at the at least one touchable portion (grip portion) of the handle; and the method further includes:
sensing, by the capacitive sensor circuit, a second capacitance of the handle based on
the electrical signal; and
determining that the user presence has been removed from the control input device in
response to the second capacitance of the handle not satisfying the one or more detection
criteria. (see claim 20 of Patent ‘827).
As for claim 16, Patent ‘827 discloses the method of claim 14, wherein: the electrically conductive elements include conductive metallic elements (finger loop includes conductive metallic elements, see claim 14 of Patent ‘827).
As for claim 17, Patent ‘827 discloses the method of claim 14, wherein: the at least one touchable portion includes at least one finger loop (finger loop includes conductive metallic elements, see claim 14 of Patent ‘827) receptive to at least one finger.
As for claim 18, Patent ‘827 discloses the method of claim 14, wherein: the control input device includes a support structure coupled to electrical ground; and the handle is moveable in one or more degrees of freedom with reference to the support structure(see claim 1, lines 1-5 of Patent ‘827).
As for claim 19, Patent ‘827 discloses the method of claim 18, wherein: one or more electrical isolation elements between the handle and the support structure electrically isolate the handle from the electrical ground (see isolation elements in claim 1, lines 6-7 of Patent ‘827)
As for claim 20, Patent ‘827 discloses the method of claim 18, further comprising:
sensing one or more positions, one or more orientations, or one or more positions and
orientations of the handle in the one or more degrees of freedom, and
wherein the control input device is included in a teleoperated surgical system (see claim 18 of Patent ‘827).
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Cavalier et al. (WO 2018/112227 A2).
As for claims 1 and 2, Cavalier et al. discloses a control input device (see 300 in Fig. 3, or 400 in Figs. 4-6) comprising:
a support structure (support 309 in Fig. 3; or support structures as shown in Fig. 4-6) coupled to electrical ground;
a handle (handles 302 or 402) coupled to the support structure and moveable in one or more degrees of freedom with reference to the support structure, the handle including at least one touchable
portion (any touchable portion on the handle; or the central portion 403 or portion of plate 430 in Fig. 4 that can be touched by a user’s finger) that comprises electrically conductive metallic element (the conductive metallic electrodes of the capacitive sensor in [0070]); and a capacitive sensor circuit electrically coupled to the handle (i.e., the touch-sensitive sensing surface can be provided on the handle to sense a user’s touch using a capacitive sensor with conductive electrode elements, see [0070]);
wherein the electrically conductive elements of the handle operate as an antenna for the
capacitive sensor circuit (i.e., the conductive electrode operates as an antenna for the capacitive sensor circuit).
As for claim 3, Cavalier et al. discloses the control input device of claim 1, wherein: the at least one touchable portion of the handle includes at least one finger loop (see finger loop 304; [0052] and [0060]) receptive to at least one finger.
As for claim 4, Cavalier et al. discloses the control input device of claim 1, wherein: the handle further includes a rotatable grip member (rotatable grip members 306 or 406; [0052] and [0061]).
As for claim 5, Cavalier et al. discloses the control input device of claim 4, wherein: the grip member (e.g., when touch-sensitive surfaces are attached on the grip members 306 or 406; [0052] and [0061]) of the handle additionally operates as the antenna for the capacitive sensor circuit.
As for claim 6, Cavalier et al. discloses the control input device of claim 4, further comprising: one or more electrical isolation elements coupled between the grip member and the support structure (i.e., any nonconductive elements between the two for preventing shorting of the two).
As for claim 7, Cavalier et al. discloses the control input device of claim 1, wherein: the capacitive sensor circuit (see the capacitive sensor in [0070]) is configured to detect a capacitance of the handle with reference to the electrical ground based on an electrical signal applied from the capacitive sensor circuit to the handle.
As for claim 8, Cavalier et al. discloses the control input device of claim 1, wherein: the handle (302 or 402) is rotatable in one or more rotational degrees of freedom about corresponding one or more rotational axes of the handle with reference to the support structure (see [0054] and [0066]).
As for claim 9, Cavalier et al. discloses the control input device of claim 1, wherein: the control input device further includes an element coupled to the handle; and the element is configured to cause the handle to move by translating along a linear axis of the handle with reference to the support structure (see the last paragraph in [0061]).
As for claim 10, Cavalier et al. discloses the control input device of claim 1, wherein the control input device (300, 400) is mechanically grounded.
As for claim 11, Cavalier et al. discloses the control input device of claim 1, wherein: the control input device is mechanically ungrounded (see [0058]).
As for claim 12, Cavalier et al. discloses the control input device of claim 1, wherein: the control input device further includes one or more control input sensors that sense one or more positions, one or more orientations, or one or more positions and orientations of the handle in the one or more degrees of freedom (see the additional sensors discussed in [0053] and [0062]).
As for claim 13, Cavalier et al. discloses the control input device of claim 1, wherein:
the control input device (300, 400) is part of a teleoperated surgical system (see the teleoperated surgical system 100 in Fig. 1; [0041]);
the teleoperated surgical system (100) includes a controlling mode (controlling mode using master controllers 210, 212, see [0044]) in which movement of the handle (302 or 402) in the one or more degrees of freedom activates one or more functions of a manipulator device (104; [0042]) of the teleoperated surgical system; and
a capacitance that indicates presence of a hand of a user (i.e., presence of a user’s touch on a touch-sensitive surface on the handle) at the control input device is sensed
by the capacitive sensor circuit and causes activation of the controlling mode of the teleoperated surgical system ([0070]).
As for claims 14 and 16, Cavalier et al. discloses a method comprising:
sending an electrical signal from a capacitive sensor circuit (touch-sensitive capacitive sensor in [0070]) to a handle (handles 302, 402) of a control input device (see 300 in Fig. 3, or 400 in Figs. 4-6), the handle including at least one touchable portion (any touchable portion on the handle; or the central portion 403 or portion of plate 430 in Fig. 4 that can be touched by a user’s finger) that comprises electrically conductive metallic elements(the conductive metallic electrodes of the capacitive sensor, [0070]), wherein the electrically conductive elements of the handle operate as an antenna for the capacitive sensor circuit(i.e., the conductive electrode of the capacitive sensor operate as an antenna);
sensing, by the capacitive sensor circuit, a first capacitance of the handle based on the
electrical signal; and determining that a user presence has been detected at the control input device in response to the sensed first capacitance of the handle satisfying one or more detection criteria (i.e., the touch-sensitive sensing surface can be provided on the handle to sense the presence of a user’s touch using a capacitive sensor with conductive electrode elements, see [0070]).
As for claim 15, Cavalier et al. discloses the method of claim 14, wherein: the user presence includes user contact (contact by the user’s finger) received at the at least one touchable portion (any touchable portion on the handle; or the central portion 403 or portion of plate 430 in Fig. 4 that can be touched by a user’s finger) of the handle; and the method further includes: sensing, by the capacitive sensor circuit, a second capacitance of the handle based on the electrical signal; and determining that the user presence has been removed from the control input device in response to the second capacitance of the handle not satisfying the one or more detection criteria (i.e., a different second capacitance can be sensed when the user’s finger is removed from the control input device).
As for claim 17, Cavalier et al. discloses the method of claim 14, wherein: the at least one touchable portion includes at least one finger loop (see finger loop 304; [0052] and [0060]) receptive to at least one finger.
As for claim 18, Cavalier et al. discloses the method of claim 14, wherein: the control input device (300, 400) includes a support structure (housing support 309 in Fig. 3; or support structures as shown in Fig. 4-6) coupled to electrical ground; and the handle (handles 302, 402) is moveable in one or more degrees of freedom with reference to the support structure.
As for claim 19, Cavalier et al. discloses the method of claim 18, wherein: one or more electrical isolation elements between the handle and the support structure electrically isolate the handle from the electrical ground. (i.e., any nonconductive elements between the handle and the support for preventing shorting of the two).
As for claim 20, Cavalier et al. discloses the method of claim 18, further comprising:
sensing one or more positions, one or more orientations, or one or more positions and
orientations of the handle in the one or more degrees of freedom (see the additional sensors discussed in [0053] and [0062]), and
wherein the control input device is included in a teleoperated surgical system (see the teleoperated surgical system 100 in Fig. 1; [0041]).
Conclusion
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/AMY HE/ Primary Examiner, Art Unit 2858