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 .
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sarli et al. (WO 2022/144639).
Sarli et al. discloses:
1.
A surgical system having adaptive control, comprising: a surgical cutting device including a cutting tool and a motor configured to drive movement of the cutting tool;
E.G. via the disclosed robotically-enabled medical system 10/36 comprising robotic arms 12/39 that can perform surgical/medical tasks such as cutting, wherein each arm comprises an independently controllable motor {[0108], [0122] & (Figs. 2 & 9)}.
at least one sensor configured to produce sensor data indicative of at least one property of the surgical cutting device during use; and a controller configured to receive the sensor data and determine a performance condition of the surgical cutting device based at least on the sensor data, the controller further configured, where the determined performance condition is an adverse performance condition, to at least one of: adjust settings of the surgical cutting device or recommend a change relating to use of the surgical cutting device.
E.G. via the disclosed controller which manipulates an instrument attached to a robotic arm, wherein said controller utilizes data for detecting and responding to interactions, such as inadvertent contact, collisions, etc., based on sensor data in order to provide haptic feedback for a surgeon to operate with safe contact limits ([0167]-[0169]).
Note: The examiner is interpreting the disclosed detected interactions as being the claimed performance conditions.
2.
The surgical system according to claim 1, wherein the controller is further configured to receive other data and to determine the performance condition based at least on the sensor data and the other data.
E.G. via the disclosed one or more sensors and sensor architecture which provide measured interactions including detected data and system data, such as data associated with the teleoperation on the robotic arm ([0167]-[0168]).
3.
The surgical system according to claim 2, wherein the other data includes at least one of: identifying data, patient data, procedure data, robotic system data, or navigation data.
E.G. [0168].
4.
The surgical system according to claim 1, wherein the determined performance condition includes at least one of a stability condition or an efficiency condition.
E.G. ([0166]-[0167]).
5.
The surgical system according to claim 1, wherein the determined performance condition is a binary determination.
E.G. via the disclosed interactions detected which provide the determination of characteristics such as the operation of the robotic arm ([0166]-[0168]).
6.
The surgical system according to claim 1, wherein the determined performance condition is a scaled determination.
E.G. via the disclosed haptic feedback provided [0169].
7.
The surgical system according to claim 1, wherein the controller is configured, where the determined performance condition is an adverse performance condition, to adjust settings of the surgical cutting device by adjusting at least one of: a speed of the motor; a torque of the motor; or a performance impacting component of the surgical cutting device.
E.G. ([0167]-[0168]).
8.
The surgical system according to claim 1, wherein the controller is configured, where the determined performance condition is an adverse performance condition, to recommend a change relating to use of the surgical cutting device by recommending a manual change in a performance impacting component of the surgical cutting device.
E.G. ([0166]-[0169]).
9.
The surgical system according to claim 1, wherein the at least one sensor includes at least one of: a vibration sensor, an audio sensor, a force sensor, a torque sensor, a temperature sensor, an optical sensor, or a motor electrical property sensor.
E.G. [0167].
10.
The surgical system according to claim 1, wherein the surgical cutting device further includes a handle housing the motor therein and a shaft assembly coupled to the handle and including an outer sleeve, wherein the cutting tool extends through the outer sleeve of the shaft assembly.
E.G. via the disclosed instrument 150 comprising a handle 170 coupled to an elongated shaft 152 having an outer layer configured to house grooves/channels 158 {[0146]-[0148] & (Fig. 18)}.
11.
The surgical system according to claim 10, wherein the at least one sensor is disposed on or within at least one of: the handle, the outer sleeve, or the cutting tool.
E.G. {[0146]-[0148] & (Fig. 18)}.
12.
The surgical system according to claim 1, wherein the controller is configured, in real time, to
determine the performance condition and, where the determined performance condition is an
adverse performance condition, at least one of: adjust the settings of the surgical cutting device or
recommend the change relating to use of the surgical cutting device.
E.G. ([0166]-[0169]).
13.
The surgical system according to claim 1, further comprising a console configured to supply power and control signals to the surgical cutting device, wherein the controller is disposed within the console.
E.G. {[0149]-[0151] & (Fig 19)}.
14.
The surgical system according to claim 1, wherein the controller is configured to implement at least one machine learning algorithm to determine the performance condition.
E.G. ([0019] & [0166]-[0169]).
15.
A method of adaptive control of a surgical system, comprising: driving a motor to move a cutting tool of a surgical cutting device to cut tissue;
E.G. via the disclosed robotically-enabled medical system 10/36 comprising robotic arms 12/39 that can perform surgical/medical tasks such as cutting, wherein each arm comprises an independently controllable motor {[0049], [0122] & (Figs. 2 & 9)}.
monitoring, during the cutting of the tissue, sensor data indicative of at least one property of the surgical cutting device; determining a performance condition of the surgical cutting device based at least on the sensor data; and where the determined performance condition is an adverse performance condition, at least one of: adjusting settings of the surgical cutting device or recommending a change relating to use of the surgical cutting device.
E.G. via the disclosed controller which manipulates an instrument attached to a robotic arm, wherein said controller utilizes data for detecting and responding to interactions, such as inadvertent contact, collisions, etc., based on sensor data in order to provide haptic feedback for a surgeon to operate with safe contact limits ([0167]-[0169]).
Note: The examiner is interpreting the disclosed detected interactions as being the claimed performance conditions.
16.
The method according to claim 15, further comprising: receiving other data including at least one of: identifying data, patient data, or procedure data, wherein the performance condition is determined based at least on the sensor data and the other data.
E.G. via the disclosed one or more sensors and sensor architecture which provide measured interactions including detected data and system data, such as data associated with the teleoperation on the robotic arm ([0167]-[0168]).
17.
The method according to claim 15, wherein the determined performance condition includes at least one of a stability condition or an efficiency condition.
E.G. ([0166]-[0167]).
18.
The method according to claim 15, wherein, where the determined performance condition is an adverse performance condition, the settings of the surgical cutting device are adjusted by adjusting at least one of: a speed of the motor; a torque of the motor; or a performance impacting component of the surgical cutting device.
E.G. ([0166]-[0169]).
19.
The method according to claim 15, wherein, where the determined performance condition is an adverse performance condition, a change relating to use of the surgical cutting device is recommended by recommending a manual change in a performance impacting component of the surgical cutting device.
E.G. ([0166]-[0169]).
20.
The method according to claim 15, wherein the sensor data includes at least one of: vibration data, audio data, torque data, optical data, force data, temperature data, or motor electrical property data.
E.G. [0167].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796