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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner explicitly acknowledges claim for priority and that the certified copies of the priority documents have been received.
Response to Amendment
Amendments to claims 1-6, 8, 10, 12, 17-19 of 1/30/2026 acknowledged and entered.
Cancellation of claim 7 of 1/30/2026 acknowledged and entered.
New claim 21 of 1/30/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 10, para. 1, filed 1/30/2026, with respect to claim 17/18 have been fully considered and are persuasive. The objection of 11/19/2025 has been withdrawn.
Applicant’s arguments, see p. 10, para. 5, filed 1/30/2026, with respect to claim 1 have been fully considered and are persuasive. The USC 112f interpretation of 11/19/2025 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-11, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghodoussi in view of Kottenstette (US 20210220064 A1) and Piron (US 20160015471 A1).
Regarding claim 1, Ghodoussi teaches A remote surgery support system comprising:
a surgical system (fig. 1, element 52, [0029], pupil control unit 52) located at a first facility and including a first manipulator arm (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42) holding a first surgical instrument, a second manipulator arm holding a second surgical instrument, a third manipulator arm holding an endoscope ([0029]), and a doctor-side operating device (fig. 1, element 52, pupil control unit 52) including a pair of first operating handles (fig. 1, element 56, [0029], handle assemblies 56) configured to operate the first to third manipulator arms;
a mentor-side operating device (fig. 1, element 50, [0029], mentor control unit 50) located in a second facility different from the first facility and including a pair of second operating handles (fig. 1 element 56, [0029], handle assemblies 56) configured to operate via an external network the first to third manipulator arms ([0029], MCU 50 may be at a remote location); and
one or more controllers (fig. 1, element 54, 56, [0029], controller 54 and handle assemblies 56), wherein the doctor-side operating device includes a first display (fig. 1, element 48, [0028], video consoles 48) configured to display an endoscopic image acquired by the endoscope, the mentor-side operating device includes a second display configured to display the endoscopic image transmitted via the external network (fig. 1, element 48, [0028], video consoles 48), and the one or more controllers is configured to acquire a state of communication between the mentor-side operating device and the surgical system and display, on the second display,
Ghodoussi does not explicitly teach a graphical user interface including information about the communication state with the graphical user interface being superimposed with the endoscopic image and
the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay.
However, Kottenstette teaches a graphical user interface including information about the communication state with the graphical user interface being superimposed with the endoscopic image (fig. 8, element 508, [0058], data overlayed on top of displays of the active site).
However, Piron teaches the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay ([0168-9], configuration parameters include, but not limited to, safety delay time, examples include display windows/icons, colors).
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 have modified the device of Ghodoussi to include an overlay as taught in Kottenstette in order to allow a user to receive more information at once (Kottenstette [0058]).
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 have modified the device of Ghodoussi to include a color changing overlay as taught in Piron in order to allow a user to receive more information at once (Piron [0169]).
Regarding claim 2, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Kottenstette teaches the device wherein the graphical user interface including the information about the communication state further includes at least one of a communication delay time ([0048], timestamped image data denoting reference clocks can determine a communication delay time), and an icon representing the degree of communication delay.
Regarding claim 3, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Piron teaches wherein the color representing the degree of communication delay comprises a first color indicating that a communication delay time is equal to or less than an allowable value, a second color indicating that the communication delay time exceeds the allowable value by a value not more than a first predetermined value, and a third color indicating that the communication delay time exceeds the allowable value by a value more than the first predetermined value ([0169], alert settings and color configurable by a user).
Regarding claim 4, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Kottenstette teaches wherein the information about the communication state further includes information indicating changes in a communication delay time over time ([0048], timestamped image data denoting reference clocks can determine a communication delay time).
Regarding claim 5, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 4,
Further, Ghodoussi teaches wherein the information indicating changes in the communication delay time over time includes a graph indicating transition of the communication delay time over time ([0091], bar graph could be used to convey a deviation between handles and a resulting delay).
Regarding claim 6, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Ghodoussi teaches wherein the one or more controllers is provided at the first facility, configured to display, on the first display, the endoscopic image superimposed with the graphical user interface ([0092], transmittal of information and the state of the control units between mentor and pupil control units), and configured to display, on the second display via the external network, the endoscopic image superimposed with the graphical user interface ([0092], transmittal of information and the state of the control units between mentor and pupil control units).
Regarding claim 8, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Ghodoussi teaches wherein the doctor-side operating device comprises a first armrest and a first switching device provided on the first armrest and configured to switch an operation authority for operating the first to third manipulator arms between the doctor-side operating device and the mentor-side operating device ([0071], mechanical switch with an override feature to allow control to be assumed, [0044], switches disposed on the grasper 100), and
the mentor-side operating device comprises a second armrest and a second switching device provided on the second armrest and configured to switch the operation authority for operating the first to third manipulator arms between the doctor-side operating device and the mentor-side operating device ([0071], mechanical switch with an override feature to allow control to be assumed, [0044], switches disposed on the grasper 100).
Regarding claim 9, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1, further comprising:
Further, Ghodoussi teaches a third display provided at the second facility and configured to display the endoscopic image acquired by the endoscope and transmitted via the external network, wherein each of the first display and the second display is an immersive scope type display, and the third display is one of a flat panel display and a curved panel display (fig. 1, element 60, [0033], screen 60 may display graphical user interfaces).
Regarding claim 10, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 9,
Further, Ghodoussi teaches wherein the doctor-side operating device includes a first voice communication device including a first microphone and speaker,
the mentor-side operating device includes a second voice communication device including a second microphone and second speaker and a third voice communication device including a third microphone and a third speaker, wherein each of the second and third voice communication devices is configured to perform voice communication with the first voice communication device, the third voice communication device is provided at a position closer to the third display than the second voice communication device is, and the second voice communication device is provided at a position closer to the second display than the third voice communication device is ([0033], voice control system and microphone).
Regarding claim 11, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 10,
Further, Ghodoussi teaches wherein the one or more controllers is configured to notify at least the second voice communication device of a sound or voice message corresponding to the communication state ([0091], audible sound indicator for when handles have deviation).
Regarding claim 13, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Ghodoussi teaches wherein the surgical system includes a surgical robot that supports the first to third manipulator arms (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42).
Regarding claim 14, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 9,
Further, Ghodoussi teaches wherein the one or more controllers is configured to display on the third display the endoscopic image superimposed with the graphical user interface including the information about the communication state ([0092], transmittal of information and the state of the control units between mentor and pupil control units).
Regarding claim 15, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 9,
Further, Ghodoussi teaches wherein the third display comprises a touch panel display configured to display the endoscopic image transmitted via the external network and to receive an instruction input for generating an instructional image, and the one or more controllers is configured to display on the first display the instructional image based on the instruction input received by the touch panel display with the instructional image being superimposed on the endoscopic image (fig. 8, element 50, [0053], touchscreen computer 156).
Regarding claim 16, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 10,
Further, Ghodoussi teaches wherein the third display is a touch panel display, and the third voice communication device is provided integrally with the touch panel display (fig. 8, element 50, [0053], touchscreen computer 156).
Regarding claim 17, Ghodoussi teaches A mentor-side operating device located in a second facility different from a first facility in which a surgical system is located, the surgical system (fig. 1, element 52, [0029], pupil control unit 52) of the first facility comprising a first manipulator arm holding a first surgical instrument (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42);
a second manipulator arm holding a second surgical instrument;
a third manipulator arm holding an endoscope; and
a doctor-side operating device that comprises a first display (fig. 1, element 48, [0028], video consoles 48) configured to display an endoscopic image acquired by the endoscope,
the mentor-side operating device comprising:
a pair of second operating handles (fig. 1, element 54, 56, [0029], controller 54 and handle assemblies 56) configured to operate, via an external network from the second facility, the first to third manipulator arms of the surgical system in the first facility; and
a second display (fig. 1, element 48, [0028], video consoles 48) configured to display the endoscopic image acquired by the endoscope and transmitted through the external network,
Ghodoussi does not explicitly teach wherein the second display is configured to display the endoscopic image superimposed with a graphical user interface including information about a state of communication between the mentor-side operating device and the surgical system and
the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay.
However, Kottenstette teaches wherein the second display is configured to display the endoscopic image superimposed with a graphical user interface including information about a state of communication between the mentor-side operating device and the surgical system (fig. 8, element 508, [0058], data overlayed on top of displays of the active site).
However, Piron teaches the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay ([0168-9], configuration parameters include, but not limited to, safety delay time, examples include display windows/icons, colors).
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 have modified the device of Ghodoussi to include an overlay as taught in Kottenstette in order to allow a user to receive more information at once (Kottenstette [0058]).
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 have modified the device of Ghodoussi to include a color changing overlay as taught in Piron in order to allow a user to receive more information at once (Piron [0169]).
Regarding claim 18, Ghodoussi in view of Kottenstette and Piron teaches The mentor-side operating device according to claim 17, Further, Ghodoussi teaches further comprising:
a third display provided at the second facility and configured to display the endoscopic image transmitted via the external network, wherein each of the first display and the second display is an immersive scope type display, and the third display is one of a flat panel display and a curved panel display (fig. 1, element 60, [0033], screen 60 may display graphical user interfaces),
the doctor-side operating device includes a first voice communication device including a first microphone and a speaker, the mentor-side operating device includes a second voice communication device including a second microphone and a second speaker and a third voice communication device including a third microphone and a third speaker, wherein each of the second and third voice communication devices is configured to perform voice communication with the first voice communication device, the third voice communication device is provided at a position closer to the third display than the second voice communication device is, and the second voice communication device is provided at a position closer to the second display than the third voice communication device is ([0033], voice control system and microphone).
Regarding claim 19, Ghodoussi teaches A remote surgery support system comprising:
a surgical system (fig. 1, element 52, [0029], pupil control unit 52) located at a first facility and including a first manipulator arm (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42) holding a first surgical instrument, a second manipulator arm (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42) holding a second surgical instrument, a third manipulator arm (fig. 1, element 34, 36, 38, 40, 42, [0029], robotic arms 34, 36, 38, 40, 42) holding an endoscope, and a doctor-side operating device (fig. 1, element 52, pupil control unit 52) including a pair of first operating handles (fig. 1, element 56, [0029], handle assemblies 56) configured to be operated by a doctor to operate the first to third manipulator arms;
a mentor-side operating device (fig. 1, element 50, [0029], mentor control unit 50) located in a second facility different from the first facility and including a pair of second operating handles (fig. 1 element 56, [0029], handle assemblies 56) configured to operate via an external network the first to third manipulator arms; and
one or more controllers (fig. 1, element 54, 56, [0029], controller 54 and handle assemblies 56), wherein the doctor-side operating device includes a first display (fig. 1, element 48, [0028], video consoles 48) configured to display an endoscopic image acquired by the endoscope and a first voice communication device including a first microphone and a speaker ([0033], voice control system and microphone), the mentor-side operating device includes a second display (fig. 1, element 48, [0028], video consoles 48) configured to display the endoscopic image transmitted via the external network, a second voice communication device including a second microphone and a second speaker ([0033], voice control system and microphone) for voice communication with the first voice communication device, a touch panel (fig. 8, element 50, [0053], touchscreen computer 156) display configured to display the endoscopic image transmitted via the external network and acquire an instruction input for generating an instructional image, and a third voice communication device located on the touch panel display and including a third microphone and a third speaker for voice communication with the first voice communication device, and the one or more controllers is configured to acquire a state of communication between the mentor-side operating device and the surgical system and display,
Ghodoussi does not explicitly teach on the second display, a graphical user interface including information about the communication state with the graphical user interface being superimposed with the endoscopic image,
the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay.
However, Kottenstette teaches on the second display, a graphical user interface including information about the communication state with the graphical user interface being superimposed with the endoscopic image (fig. 8, element 508, [0058], data overlayed on top of displays of the active site).
However, Piron teaches the graphical user interface including the information about the communication state includes: a color representing a degree of communication delay ([0168-9], configuration parameters include, but not limited to, safety delay time, examples include display windows/icons, colors).
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 have modified the device of Ghodoussi to include an overlay as taught in Kottenstette in order to allow a user to receive more information at once (Kottenstette [0058]).
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 have modified the device of Ghodoussi to include a color changing overlay as taught in Piron in order to allow a user to receive more information at once (Piron [0169]).
Regarding claim 20, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 19,
Further, Ghodoussi teaches wherein the remote surgery support system is configured to display on the touch panel display the graphical user interface including the information about the communication state (fig. 8, element 50, [0053], touchscreen computer 156).
Regarding claim 21, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 8,
wherein the first armrest has an elongated shape, both side portions function as armrests, and a first switching device is provided between the both side portions ([0071], mechanical switch with an override feature to allow control to be assumed, [0044], switches disposed on the grasper 100), and
the second armrest has an elongated shape, both side portions function as armrests, and a second switching device is provided between the both side portions ([0071], mechanical switch with an override feature to allow control to be assumed, [0044], switches disposed on the grasper 100).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghodoussi in view of Kottenstette and Piron as applied to claim 1 above, and further in view of Anderson (US 20180092706 A1).
Regarding claim 12, Ghodoussi in view of Kottenstette and Piron teaches The remote surgery support system according to claim 1,
Further, Ghodoussi teaches wherein the one or more controllers is configured, based on the communication state, to notify the communication state ([0091], audible sound indicator for when handles have deviation);
Ghodoussi in view of Kottenstette and Piron does not explicitly teach the device that notifies by vibrating at least the second operating handles.
However, Anderson teaches the device that notifies by vibrating at least the second operating handles ([0078], haptic actuators in housing 820 vibrate to alert a user).
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 have modified the device of Ghodoussi to vibrate as taught in Anderson in order to haptically alert a user (Anderson [0078]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY TUAN LUU whose telephone number is (703)756-4592. The examiner can normally be reached Monday-Tuesday, Thursday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at 5712707235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY TUAN LUU/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights