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 .
Response to Arguments
Applicant’s arguments, filed on November 19, 2025, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the previous 103 rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of applicant’s amendments as can be further seen below. Furthermore, the included office action summary indicates the accepted drawings and the acknowledgement of foreign priority under 35 USC 119(a)-(d) or (f), and the addition of newly added claims 21-24 is acknowledged.
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.
Claims 1-4, 10, 14-15, 17-20, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20120283876 A1 to Goldberg et al. (hereinafter “Goldberg”) in view of US 2020/0078105 A1 to Itkowitz et al. (hereinafter “Itkowitz’105”) and US 2017/0151034 A1 to ODA et al. (hereinafter “Oda”).
Regarding claim 1, Goldberg teaches:
A surgical system (para 0002) comprising:
a surgical robot (para 0002, lines 1-2);
an operating device/master control console (see fig. 1B, 150A, para 0043, and para 0050), including a component for which a setting is adjustable (see para 0135, claim 28, 31, 34, and claim 36), the operating device/master control console configured such that commands to operate the surgical robot are input thereto (see para 0043, 0045, para 0258-0259),
and
a controller configured to receive the commands for operating the surgical robot input to the operating device/master control console (see para 0043, 0045, para 0258-0259),
wherein
the operating device/master control console includes a touch pad screen (LCD)/user login input configured to receive a surgeon’s login information/user information from a storage medium/storage device that stores the user information, including user identification information and setting information of the component/components (such as the pedal tray, arm-rest, and the display)(see para 0133-0135, claim 36, and claim 42),
but does not explicitly disclose
an external mobile storage medium that stores both user identification information for identifying a user and component setting information for adjusting the setting of the component,
an information reader configured to acquire both the user identification information and the component setting information from the external mobile storage medium and,
wherein the controller is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium through the information reader.
However, Itkowitz’105 teaches a teleoperational assembly system containing an operator control system and teleoperational manipulators used to control medical instruments in a surgical environment (see abstract, lines 1-5, fig. 1B, and fig. 3). The system (fig. 3) contains an information reader/identity detection system (which can be configured to read information from a user-assigned badge using RFID) configured to acquire user information from a storage medium that stores the user information including user identification information and setting information of the component (a component or components, such as power settings of the medical instruments, audio settings of microphones, or voice prompts) (see para 0045-0047, para 0050- 0054)
and, wherein the controller/control system (which is in communication with the profile database stored on a storage device/computer) is configured to control the component to adjust the setting of the component (or components) based on the setting information acquired from the storage medium by the information reader/identity detection system (see abstract, claim 1, para 0021, para 0045-0047, and para 0055-0056).
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 Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Although Itkowitz’105 teaches acquiring user information from a storage medium, they do not explicitly disclose an external mobile storage medium that stores both user identification information for identifying a user and component setting information for adjusting the setting of the component, an information reader configured to acquire both the user identification information and the component setting information from the external mobile storage medium and, wherein the controller is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium through the information reader.
However, Oda teaches a surgical display system (see abstract). The system (figs. 1-2) contains an external mobile storage medium (the NFC-compliant card /ID card – see para 0050) that stores both user identification information for identifying a user and component setting information (Head Mounted Display (HMD) display settings) for adjusting the setting of the component/HMD (see fig. 11, para 0050-0051, para 0077-0079, para 0087- 0090), and an information reader/reader unit (see fig. 11, 170 and para 0087-0089) configured to acquire both the user identification information and the component setting information from the external mobile storage medium/ID card and,
wherein the controller/display control unit is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium/ID card through the information reader/reader unit (see fig. 11 and para 0088-0093).
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 Goldberg with the Identity detection system and surgical system of Itkowitz’105 and the ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 2, Goldberg as modified teaches the surgical system according to claim 1, wherein the component comprises one or more moveable components (such as a pedal tray) for each of which ergonomic setting is adjustable (abstract, para [0038]-[0039], and para [0129]),
and wherein the controller/computer is configured to control movement of the one or more movable components so as to adjust the ergonomic setting of the one or more movable components based on the setting information obtained from the storage medium by the user login input (abstract, claims 28-32, and 34-35),
but does not explicitly disclose adjusting the ergonomic setting of the one or more movable components based on the component setting information obtained from the external mobile storage medium through the information reader.
However, Itkowitz’105 teaches adjusting the ergonomic setting of the one or more movable components based on the setting information obtained from the storage medium by the information reader/identity detection system (see para [0045]-[0047] and para [0050]-[0056]).
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 Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Although Itkowitz’105 teaches adjusting the ergonomic setting of the one or more movable components based on the setting information obtained from the storage medium, they do not disclose wherein the component setting information is obtained from the external mobile storage medium through the information reader.
However, Oda teaches wherein the component setting information (setting information for the HMD) is obtained from the external mobile storage medium/ID card through the information reader/reader unit (see fig. 11, 170 and para 0087-0089).
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 Goldberg with the identity detection system of Itkowitz’105 and the ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 3, Goldberg as modified teaches the surgical system according to claim 2, wherein the component comprises a height-adjustable armrest (claims 28-30),
and the user login input device/touch pad is provided at the armrest (near the center of the adjustable arm rest) (see claim 33, 36, and 42-43), but does not explicitly disclose wherein the user login input device/touch-pad is an information reader.
However, Itkowitz’105 teaches wherein an identity detection system/information reader can be used with an identification tag (such as with radio frequency identification (RFID)) is used to gather user information in order to determine one or more users using the teleoperational assembly (see para [0045]).
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 system (which contains the arm-rest) of Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 4, Goldberg as modified teaches the surgical system according to claim 3, wherein the armrest is provided with a touch panel/control panel (see annotated fig. 9 below, fig. 11A, and para [0130]), and the touch panel/control panel is configured to receive input of a setting for the component/components (see para [0131], claims 28, and claim 36).
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Regarding claim 10, Goldberg as modified teaches the surgical system according to claim 1, but does not disclose wherein the controller is configured to determine whether or not the information of a certificate or authorization credential of a robot-assisted endoscopic surgery given to the doctor is stored in the external mobile storage medium,
and to permit to use the operating device and the surgical robot when it is determined that the information of the certificate is stored in the external mobile storage medium.
However, Itkowitz’105 teaches wherein the controller is configured to determine whether or not information of a certificate or authorization credential of a robot-assisted endoscopic surgery given to the doctor is stored in the storage medium (para [0021], para [0031]- [0036]),
and to permit to use the operating device (see fig. 1A, 16) and the surgical robot/ surgical instruments and devices when it is determined that the information of the certificate/credential is stored in the medium (para [0036]). Because the credentials contains information associated with a surgeon’s training certificates (from their training record), and discloses their rights to access the system and devices based on the information stored in the storage medium/memory (which could be a computer or other mobile device), they are only permitted to use the operating device and the surgical robot/ surgical instruments when it is determined that their credentials match the previously stored data in the storage medium.
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 Goldberg with the teachings of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by ensuring only the surgeon or another authorized professional is able to fully access the operating device and the surgical robot during the surgical procedure (as opposed to another hospital professional), ultimately preserving the safety of the patient during the surgical procedure. Although Itkowitz’105 teaches wherein the certificate/credential is stored in a medium, they do not disclose wherein the certificate/credential is stored in an external mobile storage medium.
However, Oda teaches a surgical display system (see abstract). The system (figs. 1-2) contains an external mobile storage medium (the NFC-compliant card /ID card – see para 0050) that stores both user identification information (such as the user ID, user name, user affiliation/department of the user, etc.—see para 0050) for identifying a user and component setting information (Head Mounted Display (HMD) display settings) for adjusting the setting of the component/HMD (see fig. 11, para 0050-0051, para 0077-0079, para 0087- 0090), and an information reader/reader unit (see fig. 11, 170 and para 0087-0089) configured to acquire both the user identification information and the component setting information from the external mobile storage medium/ID card.
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 Goldberg with the mobile storage medium/ ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 14, Goldberg as modified teaches the surgical system according to claim 1, wherein the operating device includes a display (see fig. 3A, 312 and para [0089], lines 1-3), and a controller/computer (para [0133]), but does not disclose wherein the controller is configured, when usage history information of the surgical robot used by the doctor is stored in the external mobile storage medium, to display the usage history information on the display.
However, Itkowitz’105 teaches wherein the controller is configured, when usage history/procedure record information (which can contain records recorded from prior teleoperational procedures) of the surgical robot used by the doctor is stored in the storage medium, to display the usage history information on the display (para [0021], para [0043], and para [0052]). A visual or auditory message showing the difference between previous best practices for a procedure and a current procedure can be displayed prior to performing a procedure if the best practices from record have changed.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Goldberg with the teachings of Itkowitz’105 to arrive at the claimed invention, since such modification would improve the system by ensuring the surgeon performing the operating procedure is currently aware of the best practices needed for each specific surgical procedure, ultimately preserving the safety of the patient during the surgical procedure.
Although Itkowitz’105 teaches wherein the usage history/procedure record information is stored in a storage medium, they do not disclose wherein the storage medium is an external mobile storage medium.
However, Oda teaches a surgical display system (see abstract). The system (figs. 1-2) contains an external mobile storage medium (the NFC-compliant card /ID card – see para 0050) that stores both user identification information for identifying a user and component setting information (Head Mounted Display (HMD) display settings) for adjusting the setting of the component/HMD (see fig. 11, para 0050-0051, para 0077-0079, para 0087- 0090), and an information reader/reader unit (see fig. 11, 170 and para 0087-0089) configured to acquire both the user identification information and the component setting information from the external mobile storage medium/ID card. Furthermore, in another embodiment of the invention, the storage setting unit can be configured to store changes to the display setting information when the user has changed the setting information (see para 0076).
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 Goldberg with the mobile storage medium/ ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings while ensuring the surgeon performing the operating procedure is currently aware of the best practices needed for each specific surgical procedure, ultimately preserving the safety of the patient during the surgical procedure.
Regarding claim 15, Goldberg as modified teaches the surgical system according to claim 14, but does not disclose wherein the usage history information includes information on at least one of a total operating time of the surgical robot, dates and times of use of the surgical robot, and a number of cases in which surgery has been performed using the surgical robot.
However, Itkowitz’105 teaches wherein the usage history information/prior teleoperational procedures includes information on at least one of a total operating time/speed of procedures performed of the surgical robot, and a number of cases/count of procedures performed in which surgery has been performed using the surgical robot (para [0037] and para [0043]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Goldberg with the teachings of Itkowitz’105 to arrive at the claimed invention, since such modification would improve the system by ensuring the surgeon performing the operating procedure is fully qualified and trained for each specific surgical procedure, ultimately preserving the safety of the patient during the surgical procedure.
Regarding claim 17, Goldberg as modified teaches the surgical system according to claim 1, but does not disclose wherein the information reader comprises an IC card reader configured to read information stored in an IC card as the external mobile storage medium.
However, Oda teaches a surgical display system (abstract, line 1). The system (fig. 1) contains an information reader/reader unit comprising an IC card reader (such as a NFC-compliant card) configured to read information stored in the IC card as the external mobile storage medium (see para [0051]). The NFC-compliant card (IC card) contains user identification information, and therefore is the storage medium of the system.
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 system Goldberg with the teachings of Oda to arrive at the claimed invention. Such modification would improve the system by allowing the system to quickly adjust to the surgeon’s settings, ultimately enhancing both the efficiency and safety of the surgical procedure for both the surgeon and patient.
Regarding claim 18, Goldberg teaches:
An operating device configured such that commands for operating a surgical robot (see para 0043 and para 0045) are input thereto (see para 0043, 0045, para 0258-0259), the operating device comprising:
a component/components (such as the arm-rest height, display height, and display angle, and pedal tray) for which a setting is adjustable (see para 0135, claim 28, 31, 34, and claim 36),
wherein the controller/computer (which is in control with both a touchpad and a control input panel) is configured to control the component to adjust the setting of the component based on the setting information acquired from the storage medium by the user login input (claims 28-32 and 34-35), and a controller configured to receive the commands for operating the surgical robot to the operating device/master control console (see para 0043, 0045, para 0258-0259),
but does not explicitly disclose
and an information reader configured to acquire user information from an external mobile storage medium that stores the user information including both user identification information for identifying a user and component setting information for adjusting the setting of the component,
wherein the controller is configured to control the information reader to acquire both the user identification information and the component setting information from the external mobile storage medium, and to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium through the information reader.
However, Itkowitz’105 teaches a teleoperational assembly system containing an operator control system and teleoperational manipulators used to control medical instruments in a surgical environment (see abstract, lines 1-5, fig. 1B, and fig. 3). The system (fig. 3) contains an information reader/identity detection system (which can be configured to read information from a user-assigned badge using RFID) configured to acquire user information from a storage medium that stores the user information including user identification information and setting information of the component (a component or components, such as power settings of the medical instruments, audio settings of microphones, or voice prompts) (see para [0045]-[0047], para [0050]-[0054])
and, wherein the controller/control system (which is in communication with the profile database stored on a storage device/computer) is configured to control the component to adjust the setting of the component (or components) based on the setting information acquired from the storage medium by the information reader/identity detection system (see abstract, claim 1, para [0021], para [0045]-[0047], and para [0055]-[0056]).
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 Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Although Itkowitz’105 teaches acquiring user information from a storage medium, they do not explicitly disclose an external mobile storage medium that stores both user identification information for identifying a user and component setting information for adjusting the setting of the component, an information reader configured to acquire both the user identification information and the component setting information from the external mobile storage medium and, wherein the controller is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium through the information reader.
However, Oda teaches a surgical display system (see abstract). The system (figs. 1-2) contains an external mobile storage medium (the NFC-compliant card /ID card – see para 0050) that stores both user identification information for identifying a user and component setting information (Head Mounted Display (HMD) display settings) for adjusting the setting of the component/HMD (see fig. 11, para 0050-0051, para 0077-0079, para 0087- 0090), and an information reader/reader unit (see fig. 11, 170 and para 0087-0089) configured to acquire both the user identification information and the component setting information from the external mobile storage medium/ID card and,
wherein the controller/display control unit is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium/ID card through the information reader/reader unit (see fig. 11 and para 0088-0093).
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 Goldberg with the Identity detection system and surgical system of Itkowitz’105 and the ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 19, Goldberg as modified teaches the operating device according to claim 18,
wherein the component comprises one or more moveable components (such as a pedal tray) for each of which ergonomic setting is adjustable (abstract and para [0038]-[0039] and para [0129]),
and wherein the controller/computer is configured to control movement of the one or more movable components, which are configured to adjust the ergonomic setting of the one or more movable components based on the component setting information (obtained from the storage medium by the user login input) (see abstract, claims 28-32, and 34-35).
Regarding claim 20, Goldberg teaches:
A method of setting a component of an operating device configured such that commands for operating a surgical robot are input thereto (see para 0043, 0045, para 0258-0259), the method comprising:
Obtaining, from a touch pad screen (LCD)/user login input configured to receive a surgeon’s login information/user information from a storage medium/storage device that stores the user information, including user identification information and setting information of the component/components (such as the pedal tray, arm-rest, and the display)(see para [0133]-[0135], claim 36, and claim 42),
wherein the controller/computer (which is in control with both a touchpad and a control input panel) is configured to control the component to adjust the setting of the component based on the setting information obtained from the storage medium by the user login input (claims 28-32 and 34-35), but does not explicitly disclose
obtaining, by an information reader provided to the operating device, user information from an external mobile storage medium that stores the user information including both user identification information and setting information of the component;
and adjusting the setting of the component, based on the component setting information obtained from the external mobile storage medium through the information reader.
However, Itkowitz’105 teaches a teleoperational assembly system containing an operator control system and teleoperational manipulators used to control medical instruments in a surgical environment (see abstract, lines 1-5, fig. 1B, and fig. 3). The system (fig. 3) contains an information reader/identity detection system (which can be configured to read information from a user-assigned badge using RFID) configured to acquire user information from a storage medium that stores the user information including user identification information and setting information of the component (a component or components, such as power settings of the medical instruments, audio settings of microphones, or voice prompts) (see para [0045]-[0047], para [0050]-[0054])
and, wherein the controller/control system (which is in communication with the profile database stored on a storage device/computer) is configured to control the component to adjust the setting of the component (or components) based on the setting information acquired from the storage medium by the information reader/identity detection system (see abstract, claim 1, para [0021], para [0045]-[0047], and para [0055]-[0056]).
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 Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Although Itkowitz’105 teaches acquiring user information from a storage medium, they do not explicitly disclose an external mobile storage medium that stores both user identification information for identifying a user and component setting information for adjusting the setting of the component, an information reader configured to acquire both the user identification information and the component setting information from the external mobile storage medium and, wherein the controller is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium through the information reader.
However, Oda teaches a surgical display system (see abstract). The system (figs. 1-2) contains an external mobile storage medium (the NFC-compliant card /ID card – see para 0050) that stores both user identification information for identifying a user and component setting information (Head Mounted Display (HMD) display settings) for adjusting the setting of the component/HMD (see fig. 11, para 0050-0051, para 0077-0079, para 0087- 0090), and an information reader/reader unit (see fig. 11, 170 and para 0087-0089) configured to acquire both the user identification information and the component setting information from the external mobile storage medium/ID card and,
wherein the controller/display control unit is configured to adjust the setting of the component based on the component setting information acquired from the external mobile storage medium/ID card through the information reader/reader unit (see fig. 11 and para 0088-0093).
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 Goldberg with the Identity detection system and surgical system of Itkowitz’105 and the ID card system of Oda to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon and the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 24, Goldberg as modified teaches the surgical system according to claim 3, wherein the armrest includes a lower member and an upper member (see annotated fig. 9 below and para 0109), and wherein the touchpad is provided between the lower member and upper member (see annotated fig. 9 below, para 0109 and para 0134),
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but does not explicitly disclose wherein the armrest includes a lower member made of metal and an upper member made of a resin, and the wherein the touchpad is an information reader.
However, Itkowitz’105 teaches wherein an identity detection system/information reader can be used with an identification tag (such as with radio frequency identification (RFID)) is used to gather user information in order to determine one or more users using the teleoperational assembly (see para [0045]).
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 system (which contains the arm-rest) of Goldberg with the identity detection system of Itkowitz’105 to arrive at the claimed invention. Moreover, it would have been obvious to one of ordinary skill in the art to utilize an upper member made of resin and a lower member made of metal for the armrest, since such materials are well known in the art, since a lower member made of metal and an upper member made of resin would provide proper support and comfort for the arm rest while in use by the surgeon. Furthermore, by implementing the information reader in the armrest, such modification would improve the system by allowing for quicker identification of the surgeon’s settings prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz’105, and further in view of US 2009/0281464 A1 to Cioanta et al. (hereinafter “Cioanta”).
Regarding claim 5, Goldberg as modified teaches the surgical system according to claim 4 containing a touch panel/control panel (para [0130]-[0131]) configured to receive and control the settings of a component/components (see claims 28, 36, para 0131), and wherein a controller/processor is configured to store necessary tasks on a processor readable storage device (para [0313]), but does not explicitly disclose wherein the information reader is configured to include a function reading and of writing information to the external mobile storage medium and,
wherein the controller is configured to control the information reader to write the setting of the component received by the touch panel to the external mobile storage medium.
However, Cioanta teaches a medical treatment system containing an ancillary treatment apparatus, a data reader/information reader, and a data storage medium used for providing desired medical treatment to a patient (see abstract). The system (fig. 1) contains an information reader/reader or mechanism that is configured to include a function of writing information to the external mobile storage medium (see fig. 1 – 112, para 0043- first three sentences, para [0075]-[0078] and para [0083], lines 1-12), and
wherein the controller is configured to control the information reader (or mechanism) to write the setting of the component received by the touch panel/ user input device (which can include a keypad or touchscreen) to the external mobile storage medium (para [0051], [0074]-[0080], and para [0082]-[0084]).
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 system Goldberg with the system of Cioanta to arrive at the claimed invention. Such modification would improve the system by allowing for the setting to be adjusted quickly for the surgeon’s settings needed for the current surgical procedure and future surgical procedures, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Regarding claim 16, Goldberg as modified teaches the surgical system according to claim 14, but does not disclose wherein the information reader is configured to include a function of writing information to the external mobile storage medium,
and the controller is configured to control the information reader to write information to the external mobile storage medium so as to update the usage history information stored in the external mobile storage medium.
However, Itkowitz’105 teaches wherein a user’s procedure record is compared to current procedure requirements/information, and if there are differences between the two, the procedure record is updated in the storage medium during and/or after each procedure conducted by the user (see para [0021] and para [0043]). However, Itkowitz does not explicitly disclose
wherein the information reader is configured to include a function of writing information to the external mobile storage medium,
and the controller is configured to control the information reader to write information to the external mobile storage medium.
However, Cioanta teaches a medical treatment system containing an ancillary treatment apparatus, a data reader, and a data storage medium used for providing desired medical treatment to a patient (see abstract). The system (fig. 1) contains an information reader/reader or mechanism that is configured to include a function of writing information to the external mobile storage medium (see fig. 1 – 112, para 0043- first three sentences, para [0075]-[0078] and para [0083], lines 1-12), and
wherein the controller is configured to control the information reader (or mechanism) to write the setting of the component to the external mobile storage medium (para [0051], [0074]-[0080], and para [0082]-[0084]).
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 system Goldberg with the teachings of Itkowitz’105 and with the system/method of Cioanta to arrive at the claimed invention. Such modification would improve the system by allowing for the procedure history record/ usage history to be updated for the current surgical procedure and future surgical procedures, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz, and further in view of US 2020/0093551 A1 to Ishihara et al. (hereinafter “Ishihara”).
Regarding claim 6, Goldberg as modified teaches the surgical system according to claim 2, wherein the component comprises a pedal tray (abstract), wherein the tray is adjustable inward and outward (see para [0131]), and
wherein the pedal tray is provided with a plurality of foot pedals for manipulating a surgical instrument held by a manipulator of the surgical robot (para [0037] , [0041], [0092], [0156], [0183], [0527], and [0265]), but does not disclose wherein the pedal tray position is adjustable frontward and rearward.
However, Ishihara teaches a surgical system containing manipulators used to control surgical instruments (abstract). The system (figs. 1, 3 and 4-reference numbers 2 and 2a) contains a pedal tray/pedal section that can be adjusted in the front-rear direction (depth in the Y-direction) (para [0060]).
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 Goldberg with the foot tray/pedal section of Ishihara to arrive at the claimed invention. Such modification would improve the system by allowing for more adjustment options for the surgeon, ultimately allowing for precise access to the appropriate pedals when adjust the surgical instruments prior to the surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz, and further in view of US 2020/0152190 A1 to Itkowitz et al. (hereinafter “Itkowitz’190”).
Regarding claim 7, Goldberg as modified teaches the surgical system according to claim 1, wherein the component comprises a plurality of components comprising a display/display devices (para [0088]-[0089]), and wherein the system contains one or more speakers and a microphone (para [0087]-[0088]), but does not explicitly disclose wherein the system contains a display with adjustable brightness, a microphone with adjustable volume, and a speaker with adjustable volume.
However, Itkowitz’190 teaches wherein the teleoperational assembly/system contains a user interface/display with adjustable brightness, a microphone with adjustable volume, and a speaker with adjustable volume (para [0058] and para [0070]).
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 Goldberg with the teachings of Itkowitz’190 to arrive at the claimed invention, since such modification would improve the system by ensure that the surgical site can be properly seen/evaluated during the surgical procedure, while also ensuring that proper communication can be received and delivered between the surgeon and the surgical assistance, ultimately enhancing both the efficiency and safety of the surgical procedure.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz’105, and further in view of US 2020/0214793 A1 to Valentine et al. (hereinafter “Valentine”).
Regarding claim 8, Goldberg as modified teaches the surgical system according to claim 1, wherein the component comprises an operating handle configured to be operated to move the surgical robot (containing the robot surgical tools) (para [0014] and para [0102]), but does not explicitly disclose
the setting includes scaling, which is a ratio of a movement amount of the surgical robot (which moves the robotic electrosurgical tools) to a movement amount of the operating handle.
However, Valentine teaches a surgical device including a handle assembly, an elongated portion, an end effector, a drive shaft, and a wick (see abstract, lines 1-3). The device (fig. 1) contains robotic arms containing working ends (which contains surgical instruments such as end effectors, graspers, knifes, etc.), and wherein the system comprises setting/adjusting the scaling, which is a ratio of a movement amount of the surgical robot working ends to a movement amount that is either smaller or larger than the movement performed by the operating hands of the surgeon (using the master handles)(para [0272]).
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 system of Goldberg with the scaling technique of Valentine to arrive at the claimed invention, since such modification would improve the system by ensuring that the surgical robot arms move in accordance to the natural movement of the surgeon’s hands, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz’105 and Itkowitz’190, and further in view of US 2019/0183591 A1 to Johnson et al. (hereinafter “Johnson”).
Regarding claim 9, Goldberg as modified teaches the surgical system according to claim 7 containing a display and GUI (para [0017]), but does not disclose wherein the display is configured such that, among a plurality of screen layouts of the display, one of the plurality of screen layouts is selectable, and a setting item of the display includes selection of a screen layout of the display.
However, Johnson teaches wherein the display is configured such that, among a plurality of screen layouts of the display, one of the plurality of screen layouts is selectable, and a setting item of the display includes selection/customizing of a screen layout of the display (see fig. 4A-4E, para [0062], and para [0066]-[0067]).
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 Goldenberg with the teachings of Johnson to arrive at the claimed invention, since such modification would improve the system by allowing the surgeon to have the most appropriate view of the surgical site for the specific surgical procedure, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg in view of Itkowitz’105 and Oda, and further in view of US 2014/0276944 A1 to Farritor et al. (hereinafter “Farritor”).
Regarding claims 21-23, Goldberg as modified teaches the surgical system according to claims 1, 18, and 20, but does not explicitly disclose wherein the controller is configured to provide, on a display device, a prompt to hold the external mobile storage medium over the information reader, in response to detecting that the surgical system is activated.
However, Farritor teaches robotic surgical devices with improved arm components, biometric sensors, and improved external controllers and consoles (see abstract). The system (figs. 10, 16A) teaches wherein upon the user first interacting with the interface (indicating that the surgical system has been activated – see fig. 16A, 280), the display launches a screen or overlay that prompts the user to enter a username and password/personalized login information in order to allow the user full access to the display. Furthermore, although a password and username can be used, in the alternative, the interface can be configured to include a couplable card reader/information reader, such as an NFC card reader that allows a user to swipe their personal ID badge or card through the card reader in order to access the interface (see para 0119 and para 0123).
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 system of Goldberg with the teachings of Farritor to arrive at the claimed invention. Such modification would improve the system by allowing for quicker identification of the surgeon during the surgical procedure while ensuring the correct/appropriate operator is controlling the surgical system, ultimately enhancing both the efficiency and safety of the surgical procedure for the surgeon and patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10820955 B2 to Lutzow et al. teaches a method for positioning an input device for a seated user/surgeon for controlling a surgical robot (abstract, lines 1-2).
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Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792