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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/13/2025, 11/07/2024, and 05/23/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US12023124. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of the patent is narrower and more specific, it requires threshold comparisons and a velocity norm calculation, which are not required by claim 1 of the application. Hence there is a strong likelihood of an obviousness-type double patenting rejection. And removing inherent and/or unnecessary limitation(s)/step(s) or adding an element and its function would be within the level of one of ordinary skill in the art. It is well settled that the adding or deleting of an element and its function(s) in the claim of the present application are an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a referenced element or step whose function is not needed would be obvious to one of ordinary skill in the art. Examiner further notes wherein although the claims are not identical (slightly broader), they are commensurate in scope to the claim limitations provided in the issued U.S. Patent, and likewise would anticipate the currently provided claim limitations.
Instant Application No. 18672114
U.S. Patent No. US 12023124
1. An apparatus for detecting disengagement of a surgical tool, the apparatus comprising: an end effector connected to and driven by a plurality of cables of a tool driver; a plurality of sensors configured to detect forces associated with the plurality of cables; and one or more processors configured to: identify a tension of at least one of the plurality of cables derived from at least one of the forces detected by the plurality of sensors; identify a velocity value for each of the plurality of cables; and detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
1. An apparatus for detecting disengagement of a surgical tool, the apparatus comprising: an end effector connected to and driven by a plurality of cables of a tool driver; a plurality of sensors configured to detect forces associated with the plurality of cables; and one or more processors configured to: identify a tension of at least one of the plurality of cables derived from at least one of the forces detected by the plurality of sensors; perform a first comparison of the tension of the at least one of the plurality of cables to a threshold tension value; identify a velocity value for each of the plurality of cables; calculate a velocity norm value based on a vector including the velocity value for each of the plurality of cables; perform a second comparison of the velocity norm value to a statistic velocity threshold; and identify a disengagement of at least one of the plurality of cables or associated components based on the first comparison and the second comparison.
2. The apparatus of claim 1, one or more processors configured to: calculate a velocity threshold; and compare the velocity threshold to the velocity value for each of the plurality of cables.
2. The apparatus of claim 1, wherein the velocity norm value is a magnitude of the vector including the velocity value for each of the plurality of cables.
3. The apparatus of claim 2, wherein the velocity threshold is based on a commanded velocity.
3. The apparatus of claim 2, one or more processors configured to: calculate the statistic velocity threshold, in part, from a commanded velocity.
4.The apparatus of claim 3, wherein the velocity threshold is calculated, in part, from a Bayesian filter based on a commanded velocity.
4. The apparatus of claim 3, wherein the statistic velocity threshold is calculated, in part, from a Bayesian filter.
5. The apparatus of claim 3, wherein the velocity threshold is calculated, in part, from a standard deviation of a time series of data.
5. The apparatus of claim 3, wherein the statistic velocity threshold is calculated, in part, from an average of the velocity norm value at a first time and the velocity norm value at a second time.
6. The apparatus of claim 5, one or more processors configured to: calculate a chi squared value for the time series of data. (See claim 7 of application U.S. Patent No. US 12023124)
6. The apparatus of claim 5, wherein the statistic velocity threshold is calculated, in part, from a standard deviation of a time series of data including the velocity norm value at the first time and the velocity norm value at the second time.
7. The apparatus of claim 1, one or more processors configured to: identify a tension threshold; and compare the tension of at least one of the plurality of cables to the tension threshold.
7. The apparatus of claim 6, one or more processors configured to: calculate a chi squared value for the time series of data. (See claim 6 of Instant Application No. 18672114)
8. The apparatus of claim 1, one or more processors configured to: calculate the tension of at least one of the plurality of cables from an inverse kinematics model for the surgical tool. (See claim 9 of application U.S. Patent No. US 12023124)
8. The apparatus of claim 1, further comprising: a plurality of motors coupled to the plurality of cables, respectively, wherein the plurality of sensors detect torque at respective ones of the plurality of motors.
9. The apparatus of claim 8, wherein the inverse kinematics model includes a relationship between torque detected at respective motors and the tension of the at least one of the plurality of cables according to an inverse kinematics matrix.
9. The apparatus of claim 8, one or more processors configured to: calculate the tension of at least one of the plurality of cables from an inverse kinematics model for the surgical tool.
(See claim 8 of Instant Application No. 18672114)
10. The apparatus of claim 1, further comprising: a plurality of motors coupled to the plurality of cables, respectively, wherein the plurality of sensors detect torque at respective ones of the plurality of motors.
10. The apparatus of claim 9, wherein the inverse kinematics model includes a relationship between the torque detected at respective ones of the plurality of motors and the tension of the at least one of the plurality of cables according to an inverse kinematics matrix.
11. The apparatus of claim 1, one or more processors configured to: calculate the velocity value for each of the plurality of cables from an inverse kinematics model.
11. The apparatus of claim 1, one or more processors configured to: calculate the velocity value for each of the plurality of cables from an inverse kinematics model.
12. The apparatus of claim 1, one or more processors configured to: generate a message in response to the disengagement of at least one of the plurality of cables or associated components.
12. The apparatus of claim 1, one or more processors configured to: generate a message in response to the disengagement of at least one of the plurality of cables or associated components.
13. The apparatus of claim 12, wherein the message is a user alert with instructions for a user of the surgical tool.
13. The apparatus of claim 12, wherein the message is a user alert with instructions for a user of the surgical tool.
14. The apparatus of claim 12, wherein the message dispatches services for the surgical tool.
14. The apparatus of claim 12, wherein the message dispatches services for the surgical tool.
15. The apparatus of claim 12 wherein the message is an error command that disables the surgical tool.
15. The apparatus of claim 12 wherein the message is an error command that disables the surgical tool.
16. A method for detecting disengagement of a surgical tool, the method comprising: identifying a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensors; identifying a velocity value for each of the plurality of cables; and detecting a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
16. A method for detecting disengagement of a surgical tool, the method comprising: identifying a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensors; performing a first comparison of the tension of the at least one of the plurality of cables to a threshold tension value; identifying a velocity value for each of the plurality of cables; calculating a velocity norm value based on a vector including the velocity value for each of the plurality of cables; performing a second comparison of the velocity norm value to a statistic velocity threshold; and identifying a disengagement based on the first comparison and the second comparison.
17. The method of claim 16, further comprising: calculating a velocity threshold; and comparing the velocity threshold to the velocity value for each of the plurality of cables.
17. The method of claim 16, wherein the velocity norm value is a magnitude of the vector including the velocity value for each of the plurality of cables.
18. The method of claim 16, wherein the statistic velocity threshold is based, at least in part, on a commanded velocity.
18. The method of claim 17, wherein the velocity threshold is based on a commanded velocity.
19. The method of claim 16, further comprising: identifying a tension threshold; and comparing the tension of at least one of the plurality of cables to the tension threshold.
19. The method of claim 16, wherein the statistic velocity threshold is based, at least in part, on the velocity norm value at a first time and the velocity norm value at a second time.
20. An apparatus comprising: a memory configured to store a threshold tension value and a statistic velocity threshold; and a controller configured to identify a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensor, identify a velocity value for each of the plurality of cables, and detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
20. An apparatus comprising: a memory configured to store a threshold tension value and a statistic velocity threshold; and a controller configured to perform a first comparison of a tension of the at least one of a plurality of cables to the threshold tension value and perform a second comparison of a velocity norm value to the statistic velocity threshold, wherein a disengagement is determined based on the first comparison and the second comparison.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 1 is directed to an apparatus for detecting disengagement of a surgical tool (i.e., a machine). Therefore, claim 1 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites:
An apparatus for detecting disengagement of a surgical tool, the apparatus comprising:
an end effector connected to and driven by a plurality of cables of a tool driver;
a plurality of sensors configured to detect forces associated with the plurality of cables; and
one or more processors configured to:
identify a tension of at least one of the plurality of cables derived from at least one of the forces detected by the plurality of sensors;
identify a velocity value for each of the plurality of cables; and
detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental
process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “identify…” and “detect …” in the context of this claim encompasses a person looking at data collected and forming a simple judgement. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
An apparatus for detecting disengagement of a surgical tool, the apparatus comprising:
an end effector connected to and driven by a plurality of cables of a tool driver;
a plurality of sensors configured to detect forces associated with the plurality of cables; and
one or more processors configured to:
identify a tension of at least one of the plurality of cables derived from at least one of the forces detected by the plurality of sensors;
identify a velocity value for each of the plurality of cables; and
detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
For the following reason(s), the examiner submits that the above identified additional
limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “a plurality of sensors configured to detect forces …,”, “derived from at least one force detected by a plurality of sensors…”,
the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer to perform the process. In particular, the detect forces steps from the sensors and from the external source are recited at a high level of generality (i.e. as a general means of gathering data regarding cables for use in the evaluating step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Lastly, the “processors” merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose robot control environment. The apparatus is recited at a high level of generality and merely automates the evaluating step.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the detection… amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “an end effector connected to and driven by a plurality of cables of a tool driver …,” “a plurality of sensors configured to detect forces associated with the plurality of cables; and one or more processors”, “derived from at least one force detected by a plurality of sensors …”, the examiner submits that these limitations are insignificant extra-solution activities.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of “an end effector connected to and driven by a plurality of cables of a tool driver …,” “a plurality of sensors configured to detect forces associated with the plurality of cables; and one or more processors”, “derived from at least one force detected by a plurality of sensors …”are well-understood, routine, and conventional activities because the background recites that the sensors are all conventional sensors, and the specification does not provide any indication that the processor is anything other than a conventional computer. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Dependent claim(s) 2-15 do not recite any further limitations that cause the claim(s) to
be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-15 are not patent eligible under the same rationale as provided for in the rejection of [independent claim].
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 16 is directed to a method for detecting disengagement of a surgical tool (i.e., a process). Therefore, claim 16 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to
determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 16 includes limitations that recite an abstract idea (emphasized below). Claim 16 recites:
A method for detecting disengagement of a surgical tool, the method comprising:
identifying a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensors;
identifying a velocity value for each of the plurality of cables; and
detecting a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental
process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “identifying…” and “detecting …” in the context of this claim encompasses a person looking at data collected and forming a simple judgement. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
A method for detecting disengagement of a surgical tool, the method comprising:
identifying a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensors;
identifying a velocity value for each of the plurality of cables; and
detecting a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
For the following reason(s), the examiner submits that the above identified additional
limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “derived from at least one force detected by a plurality of
sensors …,”, the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer to perform the process. In particular, the detect forces steps from the sensors and from the external source are recited at a high level of generality (i.e. as a general means of gathering data regarding cables for use in the evaluating step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Lastly, the “processors” merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose robot control environment.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the detection… amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “derived from at least one force detected by a plurality of sensors …,”, “the examiner submits that these limitations are insignificant extra-solution activities.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of “derived from at least one force detected by a plurality of sensors …,” are well-understood, routine, and conventional activities because the background recites that the sensors are all conventional sensors, and the specification does not provide any indication that the processor is anything other than a conventional computer within a robot. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Dependent claim(s) 17-19 do not recite any further limitations that cause the claim(s) to
be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 17-19 are not patent eligible under the same rationale as provided for in the rejection of [independent claim].
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 20 is directed to an apparatus for detecting disengagement of a surgical tool (i.e., a machine). Therefore, claim 20 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to
determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 20 includes limitations that recite an abstract idea (emphasized below). Claim 20 recites:
An apparatus comprising:
a memory configured to store a threshold tension value and a statistic velocity threshold; and
a controller configured to identify a tension of at least one of a plurality of cables derived
from at least one force detected by a plurality of sensor, identify a velocity value for each of the plurality of cables, and detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental
process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “identify…” and “detect …” in the context of this claim encompasses a person looking at data collected and forming a simple judgement. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”.
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
An apparatus comprising:
a memory configured to store a threshold tension value and a statistic velocity threshold; and
a controller configured to identify a tension of at least one of a plurality of cables derived
from at least one force detected by a plurality of sensor, identify a velocity value for each of the plurality of cables, and detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables and the velocity value for each of the plurality of cables.
For the following reason(s), the examiner submits that the above identified
additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations of “a memory configured to store a threshold
tension value and a statistic velocity threshold …”, “derived from at least one force detected by a plurality of sensors …,”, the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer to perform the process. In particular, the detect forces steps from the sensors and from the external source are recited at a high level of generality (i.e. as a general means of gathering data regarding cables for use in the evaluating step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Lastly, the “a controller …”, merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose robot control environment.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does
not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the detection… amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “derived from at least one force detected by a plurality of sensors …,”, “a memory configured to store a threshold tension value and a statistic velocity threshold …”,the examiner submits that these limitations are insignificant extra-solution activities.
Further, a conclusion that an additional element is insignificant extra-solution
activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations of “derived from at least one force detected by a plurality of sensors …,” “a memory configured to store a threshold tension value and a statistic velocity threshold …,”are well-understood, routine, and conventional activities because the background recites that the sensors are all conventional sensors, and the specification does not provide any indication that the processor is anything other than a conventional computer within a vehicle. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Therefore, claim(s) 1-20 are ineligible under 35 USC §101.
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.
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) 1-3, 7, 10, 12-15, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Perdue et al. (US 20190274769 A1) (Hereinafter Perdue) in view of Kimura et al. (JP2019105575A) (Hereinafter Kimura).
Regarding Claim 1, teaches an apparatus for detecting disengagement of a surgical tool, the apparatus comprising:
an end effector connected to and driven by a plurality of cables of a tool driver (See at least Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”);
a plurality of sensors configured to detect forces associated with the plurality of cables (See at least Para [0011] “The method can have numerous variations. For instance, the control system can monitor at least one of torque and rotation of one or more motors in the surgical tool using one or more sensors.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc. As illustrated in FIG. 3, one or more rotary encoders, such as rotary encoder R1, and one or more torque sensors, such as torque sensor T1, are operatively coupled to one or more motors, such as the motor M1, and communicate data to the control system 115…”, Para [0007] “The system can vary in numerous ways. For example, the end effector assembly can include a torque sensor operably coupled with the at least one motor. The control system can also be configured to record force applied to the cable by the motor and calculate a derivative of force applied to the cable.”, Para [0048] “While cable C1 is discussed herein, the system 100 can be configured to monitor any of cables C2-C4 in the same way. There can also be a variety of different sensors engaged with the system instead of or in addition to the rotary encoder R1 and/or the torque sensor T1 on the motor M1. For example, additional rotary encoders can be coupled to one or more of the motors M1-M7 to monitor the rotational position of the motor(s) M1-M7, thereby monitoring a rotational or linear movement of a respective drive system and cable(s) coupled to the motor. Alternatively or in addition, a torque sensor can be coupled to one or more of the motors M1-M7 to determine or monitor an amount of force being applied to the motor during device operation. It is also contemplated that other ways to determine or monitor force on the motor(s) can be included, such as measuring current though the motor(s) by using a sensor or a meter device.”); and
one or more processors configured to:
identify a tension of at least one of the plurality of cables derived from at least one of the forces detected by the plurality of sensors (See at least Para [0046] “As the system 100 monitors the force and position of the cable C1, the system 100 is configured to monitor the potential for an imminent break in a (e.g., cable C1)…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc.”, Para [0011] “The method can have numerous variations. For instance, the control system can monitor at least one of torque and rotation of one or more motors in the surgical tool using one or more sensors. The control system can also calculate derivatives of at least one of force and position of the one or more cables based on values from the torque and rotation of the one or more motors, and the control system can detect when a current value of one or both of the derivatives of force and position exceeds a threshold value.”);
identify a velocity value for each of the plurality of cables (See at least Para [0047] “… Obtaining the derivative of the measured cable position provides the cable velocity…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc…”); and
detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables (See at least Para [0006] “…The control system is also configured to preemptively detect potential imminent failure of the at least one cable of the drive system.”, Para [0009] “The tool can have a variety of embodiments. For example, the surgical tool can have a first, normal mode of operation and a second, alert mode of operation, and the control system can be configured to transition the surgical tool from the first mode to the second mode upon detecting an imminent failure of the at least one cable when monitoring the status of the cable based on the data from the sensors. In another example, the sensors can include at least one of a torque sensor and a rotary encoder. The control system can be configured to record at least one of a force on or a position of the cable, calculate a derivative value of the recorded value, and alert a user if the derivative value exceeds a predetermined threshold value.”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100…”) … and …
However, Perdue does not explicitly spell out detect a disengagement of at least one of the plurality of cables or associated components based on … the velocity value for each of the plurality of cables.
Kimura teaches detect a disengagement of at least one of the plurality of cables or associated components based on … the velocity value for each of the plurality of cables (See at least Para [0014] “In addition, it further includes a
speed calculation unit that calculates a statistical value of the movement speed of the probe, the storage unit stores the reference value in association with the statistical value, and the output unit identifies the characteristic identification unit. The warning information may be output when the difference between the calculated characteristic and the reference value stored in the storage unit in association with the statistical value calculated by the speed calculation unit is equal to or greater than a threshold.”, Para [0048] “…The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116…”, Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”, Para [0043] “By having such a configuration, the measuring device 1 can display, for example, a message prompting the user to replace the cable 13 which frequently causes an error among the plurality of cables 13. As a result, the measuring apparatus 1 can infer the deteriorated cable 13 from the generated error, and urge the user to replace it before the cable 13 is completely disconnected.”, Para [0058] “…Speed calculation unit 13 · · · Cable 13a · · · Cable 13b · · · Cable 13c …”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature including the velocity value in detecting a disengagement of at least one of the plurality of cables or associated components, thereby provide precise and accuracy in calculating disengagement of one or more cables by using more parameters (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 2, modified Perdue teaches all the elements of claim 1.
However, Perdue does not explicitly spell out the apparatus of claim 1, one or more processors configured to:
calculate a velocity threshold; and
compare the velocity threshold to the velocity value for each of the plurality of cables.
Kimura teaches the apparatus of claim 1, one or more processors configured to:
calculate a velocity threshold (See at least Para [0048] “… The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116. The statistical value is, for example, an accumulated value of the product of the maximum velocity of the probing system 116 and the movement frequency of the probing system 116. The storage unit 123 stores a reference value in association with the statistical value. The output unit 124 outputs warning information when the difference between the characteristic specified by the characteristic specifying unit 122 and the reference value stored in the storage unit 123 in association with the statistical value calculated by the speed calculation unit 128 is equal to or greater than a threshold”); and
compare the velocity threshold to the velocity value for each of the plurality of cables (See at least Para [0014] “In addition, it further includes a speed calculation unit that calculates a statistical value of the movement speed of the probe, the storage unit stores the reference value in association with the statistical value, and the output unit identifies the characteristic identification unit. The warning information may be output when the difference between the calculated characteristic and the reference value stored in the storage unit in association with the statistical value calculated by the speed calculation unit is equal to or greater than a threshold.”, Para [0043] “By having such a configuration, the measuring device 1 can display, for example, a message prompting the user to replace the cable 13 which frequently causes an error among the plurality of cables 13. As a result, the measuring apparatus 1 can infer the deteriorated cable 13 from the generated error, and urge the user to replace it before the cable 13 is completely disconnected.”, Para [0058] “…Speed calculation unit 13 · · · Cable 13a · · · Cable 13b · · · Cable 13c …”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature of calculating a velocity threshold and comparing the velocity threshold to the velocity value for each of the plurality of cables, thereby provide precise and accuracy in calculating disengagement of one or more cables (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 3, modified Perdue teaches all the elements of claim 2.
However, Perdue does not explicitly spell out the apparatus of claim 2, wherein the velocity threshold is based on a commanded velocity.
Kimura teaches the apparatus of claim 2, wherein the velocity threshold is based on a commanded velocity (See at least Para [0048] “ … The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116. The statistical value is, for example, an accumulated value of the product of the maximum velocity of the probing system 116 and the movement frequency of the probing system 116. The storage unit 123 stores a reference value in association with the statistical value. The output unit 124 outputs warning information when the difference between the characteristic specified by the characteristic specifying unit 122 and the reference value stored in the storage unit 123 in association with the statistical value calculated by the speed calculation unit 128 is equal to or greater than a threshold”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature of the velocity threshold being based on a commanded velocity, thereby provide precise and accuracy in calculating disengagement of one or more cables (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 7, modified Perdue teaches all the elements of claim 1. Perdue further teaches the apparatus of claim 1, one or more processors configured to:
Identify a tension threshold (See at least Para [0007] “In another example, the control system can be configured to alert a user if the derivative of force applied to the cable exceeds a predetermined threshold value. The threshold value can be determined by recording a running average of the derivative of force.”); and
compare the tension of at least one of the plurality of cables to the tension threshold (See at least Para [0007] “In another example, the control system can be configured to alert a user if the derivative of force applied to the cable exceeds a predetermined threshold value. The threshold value can be determined by recording a running average of the derivative of force.”).
Regarding Claim 10, modified Perdue teaches all the elements of claim 1. Perdue further teaches the apparatus of claim 1, further comprising:
a plurality of motors coupled to the plurality of cables, respectively, wherein the plurality of sensors detect torque at respective ones of the plurality of motors (See at least Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc. As illustrated in FIG. 3, one or more rotary encoders, such as rotary encoder R1, and one or more torque sensors, such as torque sensor T1, are operatively coupled to one or more motors, such as the motor M1, and communicate data to the control system 115. The rotary encoder R1 and the torque sensor T1 allow the system 100 to directly monitor rotation of and force applied by the motor M1…”).
Regarding Claim 12, modified Perdue teaches all the elements of claim 1. Perdue further teaches the apparatus of claim 1, one or more processors configured to:
generate a message in response to the disengagement of at least one of the plurality of cables or associated components (See at least Para [0050] “When the system 100 detects an imminent cable failure, the system 100 is configured to take a variety of actions in response, either alone or in conjunction with each other as illustrated in FIG. 8. For example, the system 100 can enter a safe mode of operation that includes performing one or more different actions to assist the user in managing the imminent cable failure. For example, the system 100 can terminate any energy, for example any monopolar/bipolar RF energy being administered to tissue. The system 100 can generate a user alert taking one or more different forms, including but not limited to one or more audible signals, one or more visual signals (e.g., a light, a flashing light, or a textual message), and tactile/haptic signals.”).
Regarding Claim 13, modified Perdue teaches all the elements of claim 12. Perdue further teaches the apparatus of claim 12, wherein the message is a user alert with instructions for a user of the surgical tool (See at least Para [0050] “When the system 100 detects an imminent cable failure, the system 100 is configured to take a variety of actions in response, either alone or in conjunction with each other as illustrated in FIG. 8. For example, the system 100 can enter a safe mode of operation that includes performing one or more different actions to assist the user in managing the imminent cable failure. For example, the system 100 can terminate any energy, for example any monopolar/bipolar RF energy being administered to tissue. The system 100 can generate a user alert taking one or more different forms, including but not limited to one or more audible signals, one or more visual signals (e.g., a light, a flashing light, or a textual message), and tactile/haptic signals. The alert can also instruct the user to insert another tool assembly.”).
Regarding Claim 14, modified Perdue teaches all the elements of claim 12. Perdue further teaches the apparatus of claim 12, wherein the message dispatches services for the surgical tool (See at least Para [0050] “When the system 100 detects an imminent cable failure, the system 100 is configured to take a variety of actions in response, either alone or in conjunction with each other as illustrated in FIG. 8. For example, the system 100 can enter a safe mode of operation that includes performing one or more different actions to assist the user in managing the imminent cable failure. For example, the system 100 can terminate any energy, for example any monopolar/bipolar RF energy being administered to tissue. The system 100 can generate a user alert taking one or more different forms, including but not limited to one or more audible signals, one or more visual signals (e.g., a light, a flashing light, or a textual message), and tactile/haptic signals. The alert can also instruct the user to insert another tool assembly. The system 100 can alter various load thresholds in the tool assembly 230. For example, the system 100 can take immediate action to remove the load being applied on the failing cable in whole or in part. The system 100 can set a new, lower load threshold for the entire tool assembly 230 that contains the failing cable. The system 100 can also set a new, lower load threshold for just an individual rotary drive that contains the failing cable. The system can alter a configuration of one or more tool assemblies being used. For example, the system 100 can configure a wrist and/or an end effector of the tool assembly 230 to enter a safety position to prevent tissue damage and/or to permit withdrawal from the patient (as an example, the system 100 can ensure that jaws on the end effector are closed and any wrist or joints are straight). The system 100 can also reconfigure the tool assembly 230 to allow tissue to be released, at which point the tool assembly 230 can freeze and the user can have the option of releasing tissue. Thus generally, the system 100 can enter a safe mode in which one or more actions can be taken to assist the user in managing the impending cable failure. Alternatively, the system 100 can continue to operate as normal and allow the user to take appropriate action. While a robotic system 100 has been discussed above, the same control system can be incorporated into a handheld surgical device. The device merely requires one or more sensors, as discussed above, and a control system that can monitor derivative values from the sensors and alert a user of an imminent cable failure.”).
Regarding Claim 15, modified Perdue teaches all the elements of claim 12. Perdue further teaches the apparatus of claim 12, wherein the message is an error command that disables the surgical tool (See at least Para [0050] “When the system 100 detects an imminent cable failure, the system 100 is configured to take a variety of actions in response, either alone or in conjunction with each other as illustrated in FIG. 8. For example, the system 100 can enter a safe mode of operation that includes performing one or more different actions to assist the user in managing the imminent cable failure. For example, the system 100 can terminate any energy, for example any monopolar/bipolar RF energy being administered to tissue. The system 100 can generate a user alert taking one or more different forms, including but not limited to one or more audible signals, one or more visual signals (e.g., a light, a flashing light, or a textual message), and tactile/haptic signals…The system 100 can also reconfigure the tool assembly 230 to allow tissue to be released, at which point the tool assembly 230 can freeze and the user can have the option of releasing tissue. Thus generally, the system 100 can enter a safe mode in which one or more actions can be taken to assist the user in managing the impending cable failure…”).
Regarding Claim 16, Perdue teaches a method for detecting disengagement of a surgical tool, the method comprising:
identifying a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensors (See at least Para [0046] “As the system 100 monitors the force and position of the cable C1, the system 100 is configured to monitor the potential for an imminent break in a (e.g., cable C1)…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc.”, Para [0011] “The method can have numerous variations. For instance, the control system can monitor at least one of torque and rotation of one or more motors in the surgical tool using one or more sensors. The control system can also calculate derivatives of at least one of force and position of the one or more cables based on values from the torque and rotation of the one or more motors, and the control system can detect when a current value of one or both of the derivatives of force and position exceeds a threshold value.”);
identifying a velocity value for each of the plurality of cables (See at least Para [0047] “… Obtaining the derivative of the measured cable position provides the cable velocity…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc…”); and
detecting a disengagement of at least one of the plurality of cables or associated components
based on the tension of at least one of the plurality of cables … (See at least Para [0006] “…The control system is also configured to preemptively detect potential imminent failure of the at least one cable of the drive system.”, Para [0009] “The tool can have a variety of embodiments. For example, the surgical tool can have a first, normal mode of operation and a second, alert mode of operation, and the control system can be configured to transition the surgical tool from the first mode to the second mode upon detecting an imminent failure of the at least one cable when monitoring the status of the cable based on the data from the sensors. In another example, the sensors can include at least one of a torque sensor and a rotary encoder. The control system can be configured to record at least one of a force on or a position of the cable, calculate a derivative value of the recorded value, and alert a user if the derivative value exceeds a predetermined threshold value.”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100…”) … and …
However, Perdue does not explicitly spell out detect a disengagement of at least one of the
plurality of cables or associated components based on … the velocity value for each of the plurality of cables.
Kimura teaches detect a disengagement of at least one of the plurality of cables or associated
components based on … the velocity value for each of the plurality of cables (See at least Para [0014] “In addition, it further includes a speed calculation unit that calculates a statistical value of the movement speed of the probe, the storage unit stores the reference value in association with the statistical value, and the output unit identifies the characteristic identification unit. The warning information may be output when the difference between the calculated characteristic and the reference value stored in the storage unit in association with the statistical value calculated by the speed calculation unit is equal to or greater than a threshold.”, Para [0048] “…The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116…”, Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”, Para [0043] “By having such a configuration, the measuring device 1 can display, for example, a message prompting the user to replace the cable 13 which frequently causes an error among the plurality of cables 13. As a result, the measuring apparatus 1 can infer the deteriorated cable 13 from the generated error, and urge the user to replace it before the cable 13 is completely disconnected.”, Para [0058] “…Speed calculation unit 13 · · · Cable 13a · · · Cable 13b · · · Cable 13c …”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature including the velocity value in detecting a disengagement of at least one of the plurality of cables or associated components, thereby provide precise and accuracy in calculating disengagement of one or more cables by using more parameters (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 17, modified Perdue teaches all the elements of claim 16.
However, Perdue does not explicitly spell out the method of claim 16, further comprising:
calculating a velocity threshold; and
comparing the velocity threshold to the velocity value for each of the plurality of cables.
Kimura teaches the method of claim 16, further comprising:
calculating a velocity threshold (See at least Para [0048] “ …The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116. The statistical value is, for example, an accumulated value of the product of the maximum velocity of the probing system 116 and the movement frequency of the probing system 116. The storage unit 123 stores a reference value in association with the statistical value. The output unit 124 outputs warning information when the difference between the characteristic specified by the characteristic specifying unit 122 and the reference value stored in the storage unit 123 in association with the statistical value calculated by the speed calculation unit 128 is equal to or greater than a threshold”); and
comparing the velocity threshold to the velocity value for each of the plurality of cables (See at least Para [0014] “In addition, it further includes a speed calculation unit that calculates a statistical value of the movement speed of the probe, the storage unit stores the reference value in association with the statistical value, and the output unit identifies the characteristic identification unit. The warning information may be output when the difference between the calculated characteristic and the reference value stored in the storage unit in association with the statistical value calculated by the speed calculation unit is equal to or greater than a threshold.”, Para [0043] “By having such a configuration, the measuring device 1 can display, for example, a message prompting the user to replace the cable 13 which frequently causes an error among the plurality of cables 13. As a result, the measuring apparatus 1 can infer the deteriorated cable 13 from the generated error, and urge the user to replace it before the cable 13 is completely disconnected.”, Para [0058] “…Speed calculation unit 13 · · · Cable 13a · · · Cable 13b · · · Cable 13c …”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature of calculating a velocity threshold and comparing the velocity threshold to the velocity value for each of the plurality of cables, thereby provide precise and accuracy in calculating disengagement of one or more cables (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 18, modified Perdue teaches all the elements of claim 17.
However, Perdue does not explicitly spell out the method of claim 17, wherein the velocity threshold is based on a commanded velocity.
Kimura teaches the method of claim 17, wherein the velocity threshold is based on a commanded velocity (See at least Para [0048] “ … The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116. The statistical value is, for example, an accumulated value of the product of the maximum velocity of the probing system 116 and the movement frequency of the probing system 116. The storage unit 123 stores a reference value in association with the statistical value. The output unit 124 outputs warning information when the difference between the characteristic specified by the characteristic specifying unit 122 and the reference value stored in the storage unit 123 in association with the statistical value calculated by the speed calculation unit 128 is equal to or greater than a threshold”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature of the velocity threshold being based on a commanded velocity, thereby provide precise and accuracy in calculating disengagement of one or more cables (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”).
Regarding Claim 19, modified Perdue teaches all the elements of claim 16. Perdue further teaches the method of claim 16, further comprising:
Identifying a tension threshold (See at least Para [0007] “In another example, the control system can be configured to alert a user if the derivative of force applied to the cable exceeds a predetermined threshold value. The threshold value can be determined by recording a running average of the derivative of force.”); and
comparing the tension of at least one of the plurality of cables to the tension threshold (See at least Para [0007] “In another example, the control system can be configured to alert a user if the derivative of force applied to the cable exceeds a predetermined threshold value. The threshold value can be determined by recording a running average of the derivative of force.”).
Regarding Claim 20, Perdue teaches an apparatus comprising:
a memory configured to store a threshold tension value (See at least Para [0007] “In another example, the control system can be configured to alert a user if the derivative of force applied to the cable exceeds a predetermined threshold value. The threshold value can be determined by recording a running average of the derivative of force.”) and … ; and
a controller configured to identify a tension of at least one of a plurality of cables derived from at least one force detected by a plurality of sensor (See at least Para [0046] “As the system 100 monitors the force and position of the cable C1, the system 100 is configured to monitor the potential for an imminent break in a (e.g., cable C1)…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc.”, Para [0011] “The method can have numerous variations. For instance, the control system can monitor at least one of torque and rotation of one or more motors in the surgical tool using one or more sensors. The control system can also calculate derivatives of at least one of force and position of the one or more cables based on values from the torque and rotation of the one or more motors, and the control system can detect when a current value of one or both of the derivatives of force and position exceeds a threshold value.”), identify a velocity value for each of the plurality of cables (See at least Para [0047] “… Obtaining the derivative of the measured cable position provides the cable velocity…”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100 and the various surgical tools used therein, such as the tool assembly 230. The control system 115 is thus configured to monitor the health and/or one or more integrity indicators of one or more cables of the cables C1-C4.”, Para [0045] “As the motors M1-M7 operate, a variety of data about one or more of the motors Ml-M7 can be monitored, recorded, analyzed, and transmitted to the control system 115. This data can include force, torque, position, applied voltage, applied current, etc…”), and detect a disengagement of at least one of the plurality of cables or associated components based on the tension of at least one of the plurality of cables (See at least Para [0006] “…The control system is also configured to preemptively detect potential imminent failure of the at least one cable of the drive system.”, Para [0009] “The tool can have a variety of embodiments. For example, the surgical tool can have a first, normal mode of operation and a second, alert mode of operation, and the control system can be configured to transition the surgical tool from the first mode to the second mode upon detecting an imminent failure of the at least one cable when monitoring the status of the cable based on the data from the sensors. In another example, the sensors can include at least one of a torque sensor and a rotary encoder. The control system can be configured to record at least one of a force on or a position of the cable, calculate a derivative value of the recorded value, and alert a user if the derivative value exceeds a predetermined threshold value.”, Para [0044] “As the robotic system 100 is used, components in the tool assembly 230 will deteriorate, and the cables in particular will experience wear and possible failure, as discussed above. Cables used to control actuation of an end effector are particularly susceptible to wear and failure. Thus, the control system 115 is configured to detect an imminent failure of at least one cable, such as the cables C1-C4, through collecting and monitoring data about the system 100…”) … and …
However, Perdue does not explicitly spell out … a statistic velocity threshold …
detect a disengagement of at least one of the plurality of cables or associated components
based on … the velocity value for each of the plurality of cables.
Kimura teaches detect … a statistic velocity threshold (See at least Para
[0048] “… The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116. The statistical value is, for example, an accumulated value of the product of the maximum velocity of the probing system 116 and the movement frequency of the probing system 116. The storage unit 123 stores a reference value in association with the statistical value. The output unit 124 outputs warning information when the difference between the characteristic specified by the characteristic specifying unit 122 and the reference value stored in the storage unit 123 in association with the statistical value calculated by the speed calculation unit 128 is equal to or greater than a threshold”) …
a disengagement of at least one of the plurality of cables or associated
components based on … the velocity value for each of the plurality of cables (See at least Para [0014] “In addition, it further includes a speed calculation unit that calculates a statistical value of the movement speed of the probe, the storage unit stores the reference value in association with the statistical value, and the output unit identifies the characteristic identification unit. The warning information may be output when the difference between the calculated characteristic and the reference value stored in the storage unit in association with the statistical value calculated by the speed calculation unit is equal to or greater than a threshold.”, Para [0048] “…The measuring apparatus 1 may estimate the degree of deterioration of the cable 13 based on the moving speed of the probing system 116. FIG. 9 shows a block diagram of a measuring device in the third modification. As shown in FIG. 9, the control unit 12 b further includes a speed calculation unit 128. The speed calculation unit 128 has a function of calculating statistics of the moving speed of the probing system 116…”, Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”, Para [0043] “By having such a configuration, the measuring device 1 can display, for example, a message prompting the user to replace the cable 13 which frequently causes an error among the plurality of cables 13. As a result, the measuring apparatus 1 can infer the deteriorated cable 13 from the generated error, and urge the user to replace it before the cable 13 is completely disconnected.”, Para [0058] “…Speed calculation unit 13 · · · Cable 13a · · · Cable 13b · · · Cable 13c …”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Perdue with the teachings of Kimura and include the feature of storing statistic velocity threshold and including the velocity value in detecting a disengagement of at least one of the plurality of cables or associated components, thereby provide precise and accuracy in calculating disengagement of one or more cables by using more parameters (See at least Para [0049] “For example, it is assumed that, when the probing system 116 is moved at a high speed, the measurement device 1 causes the cable 13 to be easily deteriorated. Since the measuring apparatus 1 includes the speed calculation unit 128 in this manner, it is possible to determine whether the cable 13 is in a deteriorated state in consideration of the moving speed of the probing system 116 as well, thus improving the determination accuracy.”)..
Claim(s) 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Perdue et al. (US 20190274769 A1) (Hereinafter Perdue) in view of Kimura et al. (JP2019105575A) (Hereinafter Kimura), and further in view of Roelle et al. (US 2014/0357953 A1) (Hereinafter Roelle).
Regarding claim 4, modified Perdue has all the elements of claim 3.
However, Perdue does not teach the apparatus of claim 3, wherein the velocity threshold is
calculated, in part, from a Bayesian filter based on a commanded velocity.
Roelle teaches the apparatus of claim 3, wherein the velocity threshold is calculated, in part,
from a Bayesian filter based on a commanded velocity (See at least Para [0330] “The systems described herein can predict the current shape and other properties the device and actuators based on a model of the device, the previous shape measurement and other estimates of previous properties. Thus, comparing measured shape and other measurements to their predicted values provides residuals. These residuals may be the output of a Kalman filter or other such estimator. The residuals may then be analyzed to decide which failure to report. They may each simply be compared to a threshold, the residual may be dynamically transformed then compared to a threshold, or the residuals may be incorporated with operating conditions in a Bayesian network trained with operating and failed components.”).
Therefore, it would have been obvious to one of the ordinary skill in the art before
the effective filing date of the claimed invention to modify the system of Perdue with the teachings of Roelle and include the feature of calculating velocity threshold, in part, from a Bayesian filter based on a commanded velocity, thereby identify cable or component disengagement accurately (See at least Para [0215] “… It should be noted that there are multiple discrete points along the control algorithm in which shape information can be used to improve the robotic system”).
Regarding Claim 11, modified Perdue has all the elements of claim 1.
However, Perdue does not explicitly spell out the apparatus of claim 1, one or more processors configured to:
calculate the velocity value for each of the plurality of cables from an inverse kinematics model.
Roelle teaches the apparatus of claim 1, one or more processors configured to:
calculate the velocity value for each of the plurality of cables from an inverse kinematics model (See at least Para [0188] “An inverse kinematic model translates intended device motion into the commands that will adjust the actuator and/or control element to position the shapeable instrument as desired. Referring back to FIG. 1B, the shapeable instrument kinematics are the mathematical relationships between the task space description of the instrument (e.g., tip position) and the configuration space description of the instrument (e.g., shape). Specifically, the inverse kinematics (task to configuration space) are used as part of the chain that translates desired tip positions into actuator commands (leading to displacements of the control elements) that move tip position of the actual device for reaching a desired tip position.”).
Therefore, it would have been obvious to one of the ordinary skill in the art before
the effective filing date of the claimed invention to modify the system of Perdue with the teachings of Roelle and include the feature of calculating the velocity value for each of the plurality of cables from an inverse kinematics model, thereby measure cable or component disengagement accurately (See at least Para [0215] “… It should be noted that there are multiple discrete points along the control algorithm in which shape information can be used to improve the robotic system”).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Perdue et al. (US 20190274769 A1) (Hereinafter Perdue) in view of Kimura et al. (JP2019105575A) (Hereinafter Kimura), and further in view of Esteban Cornejo (US 20100313650 A1).
Regarding Claim 5, modified Perdue has all the elements of claim 3.
However, Perdue does not explicitly spell out the apparatus of claim 3, wherein the velocity threshold is calculated, in part, from a standard deviation of a time series of data.
Esteban Cornejo teaches the apparatus of claim 3, wherein the velocity threshold is calculated, in part, from a standard deviation of a time series of data (See at least Para [0007] “The standard deviation of the wind speed time-series .sigma..sub.v represents the integral effect of the varying frequency fluctuations: .sigma..sub.v=.intg..sub.0.sup..infin.S.sub.v(f)df”, Para [0030] “Thus the mean V.sub.mean and the standard deviation .sigma..sub.v of the wind speed time-series x.sub.1, . . . , x.sub.n of a 10 minutes period can be obtained in this way.”).
Therefore, it would have been obvious to one of the ordinary skill in the art before
the effective filing date of the claimed invention to modify the system of Perdue with the teachings of Esteban Cornejo and include the feature of velocity threshold being calculated, in part, from a standard deviation of a time series of data, thereby measure cable or component disengagement accurately (See at least Para [0015] “It is another object of the present invention to provide methods and apparatus for obtaining accurate de-trended values of the turbulence intensity in a proposed site for a wind farm.”).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Perdue et al. (US 20190274769 A1) (Hereinafter Perdue) in view of Kimura et al. (JP2019105575A) (Hereinafter Kimura), Esteban Cornejo (US 20100313650 A1), and further in view of Li et al. (Gaussian Process Regression for Sensorless Grip Force Estimation of Cable-Driven Elongated Surgical Instruments) (Hereinafter Li).
Regarding Claim 6, modified Perdue has all the elements of claim 5.
However, Perdue does not explicitly spell out the apparatus of claim 5, one or more processors configured to:
calculate a chi squared value for the time series of data.
Li teaches the apparatus of claim 5, one or more processors configured to:
calculate a chi squared value for the time series of data (See at least Page 1318 Fig 10, 11 - Chi Square Distribution, Page 8 Col 1, Para 3 “The computational complexity of GPR was thoroughly analyzed in [17]. In the proposed methods, the estimators trained with hundreds of data points, which made the computational complexity trivial to modern computers”).
Therefore, it would have been obvious to one of the ordinary skill in the art before
the effective filing date of the claimed invention to modify the system of Perdue with the teachings of Li and include the feature of calculation of chi squared value for the time series of data, thereby improve calculation and measure cable or component disengagement accurately (See at least Page 1319 Col 1 “V. CONCLUSION - We also have the option to directly combine the GPR estimation results with those estimation techniques, through utilizing the uncertainty estimation of GPR and further improve estimation precision and reliability”).
Claim(s) 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Perdue et al. (US 20190274769 A1) (Hereinafter Perdue) in view of Kimura et al. (JP2019105575A) (Hereinafter Kimura), Esteban Cornejo (US 20100313650 A1), and further in view of Au et al. (US 20200146761 A1) (Hereinafter Au).
Regarding Claim 8, modified Perdue has all the elements of claim 1.
However, Perdue does not explicitly spell out the apparatus of claim 1, one or more processors configured to:
calculate the tension of at least one of the plurality of cables from an inverse kinematics model for the surgical tool.
Au teaches the apparatus of claim 1, one or more processors configured to:
calculate the tension of at least one of the plurality of cables from an inverse kinematics model for the surgical tool (See at least Para [0048] “… control system 450 can calculate the magnitude of tension T or the motor torque using a desired position θ.sub.D …”, Para [0077] “… Appropriate tendon tensions are needed that fulfill Equation 3 and are larger than minimum tension constraints. A standard optimization method, called SIMPLEX method can be used to handle this matrix inverse problem with inequality and optimality constraints…”, Para [0063] “It should also be appreciated that software enforced constraints between the joints of the instruments can also be enforced when solving the inverse kinematics problem on the desired command for the instrument…”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the
effective filing date of the claimed invention to modify the system of Perdue with the teachings of Au and include the feature of calculating the tension of at least one of the plurality of cables from an inverse kinematics model for the surgical tool, thereby provide efficient calculation (See at least Para [0091] “… Process 735 can be efficiently implemented using a computer or other computing system operating for real time determination of tensions that are changed at a rate that provides motion smooth enough for medical procedures, e.g., at rates of up to 250 Hz or more …”).
Regarding Claim 9, modified Perdue has all the elements of claim 8.
However, Perdue does not explicitly spell out the apparatus of claim 8, wherein the inverse kinematics model includes a relationship between torque detected at respective motors and the tension of the at least one of the plurality of cables according to an inverse kinematics matrix.
Au teaches the apparatus of claim 8, wherein the inverse kinematics model includes a
relationship between torque detected at respective motors and the tension of the at least one of the plurality of cables according to an inverse kinematics matrix (See at least Para [0065] “Step 735 uses the torques computed in step 730 to determine distal tensions T.sub.DIST. Distal tension T.sub.DISsT is an M component vector corresponding to transmission systems 620-1 to 620-M and actuators 640-1 to 640-M. The determination of the distal tensions depends on geometry or mechanics between the instrument joints and transmission systems. In particular, with multiple joints, each joint may be affected not only by the forces applied directly by transmission systems attached to the joint but also by transmission systems that connect to joints closer to the distal end of the instrument. The torques and tensions in a medical instrument can generally be modeled using equations of the form of Equation 3. In Equation 3, τ.sub.1 to τ.sub.N are components of the torque vector, and T.sub.1 to T.sub.M are the distal tensions respectively in M transmission systems 620 that articulate joints 610. Each coefficient a.sub.IJ for index I=1 to N and index J=1 to M generally corresponds to the effective moment arm of the tension T.sub.J for joint and rotation axis corresponding to torque τ.sub.I.”, [0066] The computation in step 735 thus corresponds to solving N equations for M variables T.sub.1 to T.sub.M. Since M is generally greater than N, the solution is not unique, so that inequality constraints can be selected, such as the constraint that all tensions are greater than a set of minimum values, and optimality conditions, such as the condition that a set of tensions of lowest maximum value is chosen, can be applied to provide a unique solution with desired characteristics such as minimal tensions that stay above a desired threshold in all or selected joints. The matrix inversion problem of Equation 3 with inequality and optimality constraints such as minimal tension constraints can be solved by some well-known techniques such as the SIMPLEX method of linear programming. (See, for example, “Linear Programming 1: Introduction,” George B. Dantzig and Mukund N. Thapa, Springer-Verlag, 1997, which is incorporated herein by reference in its entirety.) In accordance with a further aspect of the invention, the distal tensions can be determined using a process that sequentially evaluates joints beginning with the most distal joint and solves for tensions in transmission systems that connect to each joint based on geometric parameters and the tensions previously calculated for more distal joints.”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the
effective filing date of the claimed invention to modify the system of Perdue with the teachings of Au and include the feature of inverse kinematics model which includes a relationship between torque detected at respective motors and the tension of the at least one of the plurality of cables according to an inverse kinematics matrix, thereby provide efficient calculation (See at least Para [0091] “… Process 735 can be efficiently implemented using a computer or other computing system operating for real time determination of tensions that are changed at a rate that provides motion smooth enough for medical procedures, e.g., at rates of up to 250 Hz or more …”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
(Abbott et al.) (US 2019/0357988 A1) teaches tele-operated tasks that are controllable to maintain tensions on tensioning members of the instruments
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/SHAHEDA HOQUE/
Examiner, Art Unit 3658
/Ramon A. Mercado/Supervisory Patent Examiner, Art Unit 3658