DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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.
Status of the Application
2. Claims 1 and 3-4 have been examined in this application. This communication is a Final Rejection in response to the “Amendments” and “Remarks” filed on June 27, 2025.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (Japanese Pub. JP 2001334481, hereinafter “Takahashi”).
Regarding claim 1, Takahashi discloses:
A robot system comprising: a master robot ([0005] discloses a manipulator system is provided with a slave manipulator installed so as to access the operative field, and a master manipulator such as a joystick installed in an area where an operator can operate.);
a slave robot remotely controlled by the master robot to perform a procedure on a person to be treated ([0005] discloses a manipulator system is provided with a slave manipulator installed so as to access the operative field, and a master manipulator such as a joystick installed in an area where an operator can operate; [0001] discloses a manipulator control device for surgery);
a mount connected to a tip end of the slave robot ([0020] discloses the proximal ends of the gripping members and are rotatably connected to each other around a rotary pin 8 provided at the distal end of the insertion section);
a hand attached to the mount to hold a treatment member operable to perform the procedure on the person to be treated ([0020] discloses the distal end portion of the insertion portion is provided with a distal end grip portion including a pair of gripping members and that can be opened and closed like gripping forceps);
a controller configured or programmed to control movement of the slave robot based on an operation on the master robot ([0005] discloses master a manipulator such as a joystick installed in an area where an operator can operate);
a clutch operator to temporarily release the slave robot from following the master robot ([0044]-[0045] disclose if it is determined in step S2 that the current position of the master manipulator 3 is not within the operating range A1 of the first step, that is, if it is determined that the master manipulator 3 has reached the limit position of the operating range A1 of the first step, To step S3. In step S3, the operation of the slave manipulator 2 is stopped. Then, in the next step S4, it is determined whether or not the switching operation by the pedal 23b is performed (ON state)); and
a position return operator to return a positional relationship of the master robot with respect to the slave robot to a standard state (0056] discloses he position calculation processing unit 53 of the master control unit 20 has an origin returning unit 53b in addition to the returning unit 53a); wherein
the controller is configured or programmed to perform a control to move at least one of the master robot or the slave robot such that a position of the master robot matches a position of the slave robot based on an operation on the position return operator ([0039] discloses the detection data of the respective movement amounts of the handle of the master manipulator in the X-axis direction, the Y-axis direction, and the Z-axis direction are illustrated in the CPU so as to have the conversion magnification set by the transmission magnification conversion means. The transmission data is converted to an arbitrary transmission magnification by the transmission magnification conversion process and transmitted to the slave control unit, and the detection data of the opening/closing angle of the handle is transmitted to the slave control unit in a 1:1 ratio.).
Takahashi further discloses wherein the controller is configured or programmed to perform a control to move the master robot such that the position of the master robot matches the position of the slave robot while stopping the slave robot based on the operation on the position return operator ([0016] discloses a master manipulator that is an operation unit that remotely operates the slave manipulator, and an operation range of the master manipulator so as to correspond to an operation range of the slave manipulator. Switching means for switching to a plurality of stages, after the master manipulator directs an operation exceeding the operating limit of the slave manipulator, when the instruction of the master manipulator returns to the operating range of the slave manipulator again, the instruction of the master manipulator A return setting means for setting a return position for returning the slave manipulator is provided at a corresponding position).
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi in view of Tojo et al. (US Pub. No. 20190328470, hereinafter “Tojo”).
Regarding claim 3, Takahashi discloses the robot system of claim 1 as detailed above.
Takahashi does not disclose further comprising: a shape acquirer to acquire a three-dimensional shape of a vicinity of a site of the person to be treated on which the procedure is to be performed; wherein the controller is configured or programmed to adjust the movement of the slave robot based on the three-dimensional shape acquired by the shape acquirer to move the slave robot.
However, in the same field of endeavor, Tojo teaches further comprising: a shape acquirer to acquire a three-dimensional shape of a vicinity of a site of the person to be treated on which the procedure is to be performed ([0145] discloses the controller calculates a three-dimensional map representing a three-dimensional geometry of the body wall as viewed from the body cavity of the patient X based on images acquired by the camera probes); wherein
the controller is configured or programmed to adjust the movement of the slave robot based on the three-dimensional shape acquired by the shape acquirer to move the slave robot ([0149] discloses upon determining that the handling target has entered the entry forbidden area RS, the controller sets zero to a component of the movement amount included in the movement command in the movement direction of the handling target toward the body wall surface. The controller thus restricts the movement of the handling target in this direction.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to combine the robot system of Takahashi with a shape acquiring means and adjusting the movement based on the shape as taught by Tojo. One of ordinary skill in the art would have been motivated to combine so that the robot range of travel cannot exceed the operating area and therefore would prevent the operator from inadvertently causing harm to the patient by moving the robot into a dangerous position.
Regarding claim 4, Takahashi as modified by Tojo teaches the robot system of claim 3 as detailed above, and Tojo further teaches wherein the controller is configured or programmed to perform at least one of an adjustment of an initial position of the slave robot for performing the procedure on the person to be treated or an adjustment of a movement range of the slave robot for performing the procedure on the person to be treated based on the three-dimensional shape acquired by the shape acquirer ([0149] discloses upon determining that the handling target has entered the entry forbidden area RS, the controller sets zero to a component of the movement amount included in the movement command in the movement direction of the handling target toward the body wall surface. The controller thus restricts the movement of the handling target in this direction.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to combine the robot system of Takahashi with adjusting a movement range based on the three-dimensional shape as further taught by Tojo. One of ordinary skill in the art would have been motivated to combine so that the robot range of travel cannot exceed the operating area and therefore would prevent the operator from inadvertently causing harm to the patient by moving the robot into a dangerous position.
Response to Arguments
7. Applicant's arguments filed on August 27, 2025 have been fully considered but they are not persuasive. Applicant argues that the applied prior art does not teach the limitation which was formerly in claim 2 but now in claim 1. However, the Office has established that this limitation is taught in paragraph [0016] of the Takahashi reference. The Applicant has merely given a brief high level summary of section [0016] of Takashi and then has gone on to merely state that Takashi does not teach the amended limitation in claim (i.e. the limitation that was formerly claim 2). Moreover, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
The Office interprets that the amended limitation is setting forth that based on the operation on the position return operator (e.g. switch) the master robot is moved such that the position of the master robot matches the (relative) position of the slave robot while the slave robot is stopped. The Office would like to reiterate that section [0016] of Takashi teaches that the operation range of the master operator (referred to as “master manipulator” in Takashi) corresponds to an operation range of the slave robot (referred to as a “slave manipulator” in Takashi). In one embodiment, there is a switching means where a slave robot can exceed its operating limit. Then the master robot can provide an instruction (to the slave robot) to return to its operating range. At this point, the relative position of the master robot corresponds to the position of the slave robot (i.e. the position of the master robot matches the (relative) position of the slave robot and the slave robot is stopped). Therefore, the teachings and disclosure of paragraph [0016] of Takashi are equivalent to the amended limitation of claim 1.
Conclusion
8. 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 Rafael Velasquez, whose telephone number is (571) 272-6999. The examiner can normally be reached from Monday to Friday between 8 AM and 5 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Vivek Koppikar, can be reached at (571) 272-5109. The fax telephone number for this group is (571) 273-8300 (for official communications including After Final communications labeled “Box AF”).
Another resource that is available to applicants is the Patent Application Information Retrieval (PAIR). Information regarding the status of an application can be obtained from the (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAX. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Rafael Velasquez/
Patent examiner
Art Unit 3667
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3667
September 30, 2025