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 Amendment
The amendment filed on 1/14/2026 has been entered. Claims 53-68 are pending.
Claim Rejections - 35 USC § 103
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.
Claim(s) 53, 56, 57, 58, 59, 60, 63, 64, 65, 66, is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20160213364) in view of Teranuma (US 20190183321) and further in view of Schara (US 20050154260).
Regarding claim 53, Inoue discloses a system (FIGS. 10A, 10B) comprising:
a tool (medical instrument 2, annotated FIGS. 9A, 9B) including a shaft having proximal and distal ends and an articulatable distal portion (second shaft 24b capable of rotation by way of a moving joint 25; Para [0037]; three-dimensional motion; para [0037]) coupled to a distal end of the shaft;
a processing unit (controller 3; FIG. 9A-9B) including one or more processors, the processing unit configured to:
in response to a request for transition from a first view direction associated with a first target to a second view direction associated with a second target, control a pose of the articulatable distal portion to direct the articulatable distal portion toward the second target (The shaft 24b can point to different directions; FIGS. 9A-9C; distal end with an imager 28 as an end effector; Para [0053]), wherein orientations of images captured by an imaging device of the articulatable distal portion during the transition are maintained to be the same regarding a reference including a reference plane or a reference direction by controlling the pose of the articulatable distal portion, wherein a left-to-right order of features in the images is aligned with a first left-to- right reference direction of the reference (As seen from FIG. 9A-9B, the imager does not rotate, only the shaft 24b rotates. Therefore, the left to right features in the images are maintained.);
Inoue does not expressly disclose wherein the first left-to-right reference direction corresponds to a perspective of a first operator who is not controlling the shaft, and wherein the first left-to-right reference direction is different from a second left-to- right reference direction corresponding to a second operator who is controlling the shaft, and wherein the orientations maintained during the transition include an upright orientation with respect to a world reference corresponding to the perspective of the first operator.
Teranuma is directed to image output system including a camera, a display, and a control device configured to communicate with the camera and the display (abstract) and teaches wherein the first left-to-right reference direction corresponds to a perspective of a first operator who is not controlling the shaft, and wherein the first left-to-right reference direction is different from a second left-to-right reference direction corresponding to a second operator who is controlling the shaft (The control device 100 causes an image photographed by the camera 200A to be displayed on the displays 300A and 300B. The image is rotated such that image can be easily seen by the operating surgeon. FIG. 20; Para [0113]; In addition, the control device 100 causes the photographed image to be rotated and displayed on the display 300B in accordance with the orientation of the body of a surgical assistant in such a manner that the photographed image can be easily seen by the surgical assistant. Para [0114]).
Schara is directed to endoscopes (abstract) and teaches wherein the orientations maintained during the transition include an upright orientation with respect to a world reference corresponding to the perspective of the first operator (Necessary rotation correction is made to the images to make display always in upright direction. Claim 1; Para [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Inoue to change the display image along a horizontal plane in accordance with the teaching of Teranuma so that left to right order of reference would be in accordance with an assistant who is positioned at a different position (opposite to the surgeon) than the surgeon. Such left to right order would provide convenience in viewing the image by the assistant. Further, it would have been obvious to further modify Inoue to have the upright orientation of the images with respect to a world reference in accordance with the teaching of Schara so that a surgeon can see the images in upright position.
Regarding claim 54, Inoue disclose a teleoperational manipulator (FIG. 1) coupled to the tool (medical instrument 2) and configured for control of shaft motion; a sensor system (Trocar; FIG. 6) in communication with the processing unit (control unit 31, controller 3), the sensor system configured to determine a first motion of at least a portion of the shaft (Rotation and movement detection sensor determines the motion of the shaft; FIG. 6), wherein the sensor system includes a sensor (rotation and movement detection sensor; FIG. 6) included in the teleoperational manipulator.
Regarding claim 55, Inoue disclose teleoperational manipulator coupled to the tool (FIG. 1) and configured for control of shaft motion (controller 3; FIG. 7A. 7B), wherein the processing unit is configured to: based on a command issued for driving the teleoperational manipulator, determine a first motion (rotation and movement detection sensor; FIG. 6) of at least a portion of the shaft.
Regarding claim 56, Inoue discloses of wherein the processing unit is further configured to display (a monitor or other display; para [0053]) the images of the first target captured by the imaging device; and wherein the displayed images of the first target are oriented based on the reference (As the camera is moved in the arc, FIG. 9B, the images are not rotated randomly, but moved keeping the same upright view.).
Regarding claim 57, Inoue discloses wherein the orientations of images captured by the imaging device are level with the reference plane (FIGS. 1, 9B), and wherein the reference plane is a horizontal plane or is based on a table top of an operating table (The reference is a table top; FIG.1).
Regarding claim 58, Inoue discloses wherein the processing unit is further configured to: determine the reference based on a first image of the first target selected by an operator (When the image is captured by the imager 28 position in FIG. 9A, the same image can be used to reference the second image captured by the imager 28 positioned as FIG. 9B.).
Regarding claim 59, Inoue discloses wherein the images of the first target are upright with respect to the reference direction (As seen from the images taken by the camera in position of FIG. 9A.).
Regarding claim 60, Inoue discloses wherein controlling the pose of the articulatable distal portion includes preserving a roll orientation of a view of the first target with respect to the reference plane (As seen from FIGS. 9A, 9B, the roll orientation of the view is preserved as the imager is moved to position of FIG. 9B).
Regarding claim 61, Inoue does not expressly disclose a tracking system configured to track at least a portion of an operator's body; wherein the processing unit is further configured to: detect a second motion of the at least a portion of the operator's body; and control the pose of the articulatable distal portion in response to the detected second motion of the at least a portion of the operator's body.
Regarding claim 62, Inoue disclose wherein the processing unit is further configured to: determine whether an operator has performed a distal orientation adjustment request (A direction input 21a is provided on the grip member 27b. As the direction input portion 21a is operated, it causes an operational signal to be sent to the controller 3 that in turn drives the driver 22 for control of rotation of the moving joint 25. Para [0037]), and wherein controlling the pose of the articulatable distal portion is further based on a determination that the operator has performed the distal orientation adjustment request (input portion 21a; FIGS. 5A-5C).
Regarding claim 63, Inoue discloses wherein controlling the pose of the articulatable distal portion includes controlling an orientation (As seen from FIGS. 9A, 9B, the orientation of the shaft 24b is controlled.) or a translation of the articulatable distal portion.
Regarding claim 64, Inoue discloses a sensor system (FIG. 6) coupled to the distal end of the shaft and in communication with the processing unit, the sensor system includes an imaging device (imager 28) for capturing images of the first target.
Regarding claim 65, Inoue discloses wherein the tool includes a proximal housing (input portion 21b; FIGS. 9A, 9B) configured for manual control of shaft motion (Grip member 27 includes a direction input portion 21a and a mode input portion 21b so that the practitioner may adjust the direction of the imager 28 and perform mode changeover operation. Para [0054]).
Regarding claim 66, Inoue discloses wherein the processing unit is further configured to: determine the first target based on an input provided by an operator (Grip member 27 includes a direction input portion 21a and a mode input portion 21b so that the practitioner may adjust the direction of the imager 28 and perform mode changeover operation. Para [0054]).
Claim(s) 67 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20160213364) in view of Teranuma (US 20190183321) and further in view of Schara (US 20050154260) and Simon (US 20070249911).
Regarding claim 67, Inoue does not expressly disclose wherein the tool includes an imaging device for capturing images of the first target, and wherein the processing unit is further configured to: process the images to determine a location of the first target.
Simon is directed to a method and apparatus to perform a procedure that can include a processor assisted surgical procedure (abstract) and teaches wherein the tool includes an imaging device (imaging device 12; Para [0031]) for capturing images of the first target, and wherein the processing unit is further configured to: process the images to determine a location of the first target (the image pre-processor can determine the target location, such as a tumor 170 in the brain 156; Para [0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Inoue to include step of processing an image to determine a location of a target in accordance with the teaching of Simon so that position of the target could identified and used for further surgical process.
Claim(s) 68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20160213364) in view of Teranuma (US 20190183321) and Schara (US 20050154260) and in further in view of Nowlin (US 20070013336).
Regarding claim 68, Inoue does not expressly disclose wherein the processing unit is further configured to: determine that the articulatable distal portion reaches a motion limit, and provide, using a proximal housing located at a proximal end of the tool, an indication to an operator for moving the proximal housing in a direction corresponding to the motion limit.
Nowlin is directed to telesurgical, and/or surgical robotic devices (abstract) and teaches wherein the processing unit is further configured to: determine that the articulatable portion reaches a motion limit (processors are designed to inhibit manipulator collision; para [0008]), and provide, using a proximal housing located at the proximal end, an indication to an operator for moving the proximal housing in a direction corresponding to the motion limit (Cues are provided to an operator to keep away from suboptimal configurations that will cause controllability problems later; para [0137]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Inoue in accordance with the teaching of Nowlin so that a user can be warned of suboptimal configurations that will cause controllability problems later as taught by Nowlin above.
Response to Arguments
Applicant' s arguments dated 1/14/2026 have been fully considered and are persuasive. Therefore, the rejection dated 10/31/2025 has been withdrawn. However, upon further consideration, a new rejection has been made in view of amendment.
The amendment to claim 1 includes – wherein the orientations maintained during the transition include an upright orientation with respect to a world reference corresponding to the perspective of the first operator.
Schara (US 20050154260) is directed to endoscopes (abstract). In para [0017], claim 1, Schara teaches that a rotation correction is made to the images to have the image display always in upright direction. Claim 1; Para [0017]).
See rejection set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
01/31/2026