DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Independent claim 1 recites the limitations “...the types and locations of the defects...”. There is insufficient antecedent basis for these highlighted limitations in the claims.
Independent claim 6 recites the limitation “...the thermal emission...”. There is insufficient antecedent basis for this highlighted limitation in the claim.
Claim Objections
Claims 1-5 and 7-10 are objected to because of the following informalities: Examiner believes that Applicant intents to claim “a main controller provided on the detection surface and connected to the infrared camera,...” instead of “a main controller provided on the detection surface and connected to the the infrared camera,...” as described in claim 1. Also, Examiner believes that Applicant intents to claim “The system...” instead of “The apparatus...” as described in claims 2-5. Furthermore, Examiner believes that Applicant intents to make claims 7-10 depend from claim 6 instead of claim 5. Appropriate correction is required.
Allowable Subject Matter
Claims 1-5 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: Independent claim 1 recites the uniquely distinct features for: “A system for surgical instrument defect detection, comprising: a detection surface, where a surgical instrument is displayed; an infrared camera detachably coupled with the detection surface, which is used to capture infrared thermal images of the surgical instrument, and to output infrared thermal image digital signals about the inferred thermal images including temperature values of the detected surgical instrument; a main controller provided on the detection surface and connected to the the infrared camera, which is used to control capture actions of the infrared camera, to transform the infrared thermal image digital signals output from the infrared camera into digital signals to be used in standard network transmission; a reference database capable of storing reference images of surgical instruments serving as comparators to the detection images generated by the infrared camera of the detected surgical instrument; and a data processor for generating and outputting control signals for the infrared camera, and to receive the digital infrared signals to be analyzed and processed to determine the types and locations of the defects on the surgical instrument.” The closest prior art in Eckert et al. (US 10,398,517 B2) teaches a surgical robotic system 300 that includes a patient-side portion 310 that is positioned adjacent to a patient 312, and a user-side portion 311 that is located a distance from the patient, either in the same room and/or in a remote location. The patient-side portion 310 generally includes one or more robotic arms 320 and one or more tool assemblies 330 that are configured to releasably couple to a robotic arm 320. The user-side portion 311 generally includes a vision system 313 for viewing the patient 312 and/or surgical site, and a control system 315 for controlling the movement of the robotic arms 320 and each tool assembly 330 during a surgical procedure. The control system 315 can have a variety of configurations and it can be located adjacent to the patient, e.g., in the operating room, remote from the patient, e.g., in a separate control room, or it can be distributed at two or more locations. For example, a dedicated system control console can be located in the operating room, and a separate console can be located in a remote location. The control system 315 can include components that enable a user to view a surgical site of a patient 312 being operated on by the patient-side portion 310 and/or to control one or more parts of the patient-side portion 310 (e.g., to perform a surgical procedure at the surgical site 312). In some embodiments, the control system 315 can also include one or more manually-operated input devices, such as a joystick, exoskeletal glove, a powered and gravity-compensated manipulator, or the like. These input devices can control teleoperated motors which, in turn, control the movement of the surgical system, including the robotic arms 320 and tool assemblies 330. The patient-side portion can also have a variety of configurations. As depicted in FIG. 1, the patient-side portion 310 can couple to an operating table 314. However, in some embodiments, the patient-side portion 310 can be mounted to a wall, to the ceiling, to the floor, or to other operating room equipment. Further, while the patient-side portion 310 is shown as including two robotic arms 320, more or fewer robotic arms 320 may be included. Furthermore, the patient-side portion 310 can include separate robotic arms 320 mounted in various positions, such as relative to the surgical table 314 (as shown in FIG. 1). Alternatively, the patient-side portion 310 can include a single assembly that includes one or more robotic arms 320 extending therefrom, Penescu et al. (US 9,592,095 B2) teaches a robotic surgical system is generally indicated by the reference numeral 100. Note that as used herein, “surgical” can refer to any medical procedure performed on a patient, including without limitation operative procedures (e.g., tissue extraction or manipulation), therapeutic procedures (e.g., medicament delivery), and diagnostic procedures (e.g., tissue examination or biopsy). As shown in FIG. 1A, the robotic system 100 generally includes a surgical driver assembly 102 for operating a surgical instrument 104 in performing various procedures on the patient P. The assembly 102 is mounted to or near an operating table O. A master assembly 106 allows the clinician S (e.g., a surgeon or interventionalist) to view the surgical site and to control the driver assembly 102. The master assembly 106 may be located at a clinician's console C which is usually located in the same room as operating table O. However, it should be understood that the clinician S can be located in a different room or a completely different building from the patient P. Master assembly 106 generally includes an optional support 108 and one or more control device(s) 112 for controlling the driver assemblies 102. The control device(s) 112 may include any number of a variety of input devices, such as joysticks, trackballs, gloves, trigger-guns, hand-operated controllers, voice recognition devices or the like. In some embodiments, the control device(s) 112 will be provided with the same degrees of freedom as the associated surgical instruments 104 to provide the clinician with telepresence, or the perception that the control device(s) 112 are integral with the instruments 104 so that the clinician has a strong sense of directly controlling instruments 104 (although in other embodiments, the control device(s) 112 may have more or less degrees of freedom than the associated surgical instruments 104). In some embodiments, the control devices 112 are manual input devices which move with six degrees of freedom, and which may also include an actuatable handle for actuating instruments (for example, for closing grasping jaws, applying an electrical potential to an electrode, delivering a medicinal treatment, or the like). A display system 111 may display an image of the surgical site and surgical instruments captured by the visualization system 110. The display system 111 and the master control devices 112 may be oriented such that the relative positions of the imaging device in the scope assembly and the surgical instruments are similar to the relative positions of the clinician's eyes and hands so the operator can manipulate the surgical instrument 104 and the hand control as if viewing the workspace in substantially true presence. By true presence, it is meant that the presentation of an image is a true perspective image simulating the viewpoint of an operator that is physically manipulating the surgical instruments 104, Strobl (US 2018/0168734 A1) teaches an example of surgical system 200 configured to generate modified images of a surgical site (e.g., surgical instrument 204, target tissues, tissues surrounding target tissues, etc.) in real-time. The surgical system 200 includes a camera module 210 configured to capture visible-light and infrared images of the surgical instrument 204, and relay one or more signals related to captured images to a processor 216. The signals can be relayed to the processor 216 wirelessly (Bluetooth, WiFi, etc.) or through a data cable (e.g., optical fiber, coaxial cable, etc.). The processor 216 can generate a modified image based on the captured images and information stored in the database 218. The modified image can be displayed, for example, to a surgeon, on a display 222. A light source (not shown) can generate light which is reflected by the surgical site. A portion of the reflected visible-light (e.g., having a wavelength of about 400 nm to 800 nm) is captured by the camera module 210. The camera module 210 comprises a lens 206 configured to focus visible light and infrared radiation (collectively hereinafter referred to as “aggregate radiation”) onto a first detector 212 and a second detector 214. The camera module 210 also includes an optical system 208 configured to direct a first part of the radiation to a first detector 212, and a second part of the aggregate radiation second detector 214. The quality of the visible-light and infrared image can be improved, for example, by placing detectors 212 and 214 in the focal plane of the lens 206. In one example the lens 206 is made of a material (e.g., germanium) that does not substantially absorb visible-light and infrared radiation. The generator 202 is configured to generate a signal that drives the surgical instrument. For example, the signal may drive an ultrasonic transducer in the surgical instrument and/or generate radio frequency energy which the surgical instrument can deliver to a tissue through an energy-delivering end effector. As a result of its energy-delivering functionality, the surgical instrument typically heats up and radiates a broad spectrum of electromagnetic radiation during use. The shape of the spectrum is related to the temperature of the surgical instrument. For temperatures below about 1000° C. the electromagnetic radiation primarily includes infrared radiation. A portion of the infrared radiation generated by the surgical instrument is captured by the camera module 210. Infrared radiation can be categorized based on wavelength: near-infrared (NIR) (approximately 700-1400 nm), short-wavelength infrared (SWIR) (approximately 1400 nm-3 microns), mid-wavelength infrared (MWIR) (approximately 3-8 microns), long-wavelength infrared (LWIR) (approximately 8-15 microns), and far-infrared (FIR) (approximately 15-1000 microns), however, either singular or in combination, fails to anticipate or render the above underlined limitations obvious.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sajjadi et al. (US 2019/0234869 A1)(hereinafter Sajjadi).
Re claim 6, Sajjadi discloses a method of detecting surgical instrument defects comprising the steps of: providing a sample (see fig. 7 ¶s 104, 114 for providing a sample (i.e. samples)); providing a sensor (see ¶ 73 for providing a sensor (i.e. the optical coupling 104 may be in any form and include a variety of sensors or elements as described in fig. 1 paragraph 72). Also, see paragraphs 128-129): heating the sample to between 25°C--50°C (see fig. 7 ¶s 105, 114 for heating the sample to between 25°C--50°C (i.e. multiple samples were measured using cyclic cooling/heating over a temperature range between 0 and 40° C as described in paragraph 104). It should be noted that multiple samples can be measured using cyclic cooling/heating over a temperature range between 25°C and 50°C); observing the thermal emission from the sample with the sensor (see ¶s 104-105 for observing the thermal emission from the sample with the sensor (i.e. the optical coupling 104 may be in any form and include a variety of sensors or elements as described in fig. 1 paragraph 72, furthermore, as appreciated from the figures, matching inflexion points are observed over multiple thermal cycles using the present approach and DSC, as indicated by labels 702 and 704 in both FIGS. 7A and 7B, in particular, both FIGS. 7A and 7B show phase transitions in the cooling and heating cycles occurring approximately around 8° C. and 13° C., respectively as described in paragraph 114). Also, see paragraphs 128-129); whereby an image is produced free of specular reflection (see ¶s 104-105 for an image is produced free of specular reflection (i.e. as appreciated from the figures, matching inflexion points are observed over multiple thermal cycles using the present approach and DSC, as indicated by labels 702 and 704 in both FIGS. 7A and 7B, in particular, both FIGS. 7A and 7B show phase transitions in the cooling and heating cycles occurring approximately around 8° C. and 13° C., respectively as described in paragraph 114). Also, see paragraphs 128-129)
Re claim 7, Sajjadi as discussed above in claim 6 discloses all the claim limitations with additional claim feature wherein the sample is a surgical instrument (see ¶ 71 for the sample is a surgical instrument (i.e. the treatment system 108 may be configured to engage and/or provide a treatment to the biological material in order to control a procedure or a process to which the biological material is being subjected, as examples, the treatment system 108 may include a radiation system, an ultrasound system, a shock wave system, an infrared (“IR”) radiation system, a radiofrequency (“RF”) system, a laser system, a surgical system, a thermal system, an ablative system, a cryogenic system (e.g. system for cryolipolysis, cryoablation, cryopreseravation), and so forth as described in fig. 1 paragraph 70))
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sajjadi et al. (US 2019/0234869 A1)(hereinafter Sajjadi) as applied to claims 6 and 7 above, and further in view of Zhang (US 2002/0030163 A1)(hereinafter Zhang).
Re claim 8, Sajjadi as discussed above in claim 6 discloses all the claimed limitations but fails to explicitly teach wherein the sensor is a mid-wave infrared (MWIR) camera. However, the reference of Zhang explicitly teaches wherein the sensor is a mid-wave infrared (MWIR) camera (see ¶s 44, 65 for the sensor is a mid-wave infrared (MWIR) camera (i.e. sensor 116 may include suitable hardware sensitive to radiation in MWIR bands as described in fig. 2 paragraph 45))
Therefore, taking the combined teachings of Sajjadi and Zhang as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (mid-wave infrared (MWIR) camera) into the system of Sajjadi as taught by Zhang.
One will be motivated to incorporate the above feature into the system of Sajjadi as taught by Zhang for the benefit of having a sensor assembly 102 that includes first and second sensors 116, 118, wherein each of the first and second sensors 116, 118, herein after referred to as NIR sensor 116 and LWIR sensor 118, may include suitable hardware sensitive to radiation in MWIR bands in order to improve efficiency when generating image data representative of the MWIR radiation (see fig. 2 ¶ 45)
Re claim 9, Sajjadi as discussed above in claim 6 discloses all the claimed limitations but fails to explicitly teach where the sensor is long-wave infrared (LWIR) camera. However, the reference of Zhang explicitly teaches where the sensor is long-wave infrared (LWIR) camera (see ¶s 44, 65 for the sensor is long-wave infrared (LWIR) camera (i.e. the second sensor 118 comprising a sensor sensitive to radiation in the LWIR spectral range as described in fig. 2 paragraph 45))
Therefore, taking the combined teachings of Sajjadi and Zhang as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (long-wave infrared (LWIR) camera) into the system of Sajjadi as taught by Zhang.
One will be motivated to incorporate the above feature into the system of Sajjadi as taught by Zhang for the benefit of having a sensor assembly 102 that includes first and second sensors 116, 118, wherein each of the first and second sensors 116, 118, herein after referred to as NIR sensor 116 and LWIR sensor 118, may include suitable hardware sensitive to radiation in LWIR bands in order to improve efficiency when generating image data representative of the LWIR radiation (see fig. 2 ¶s 45, 52)
Re claim 10, Sajjadi as discussed above in claim 6 discloses all the claimed limitations but fails to explicitly teach wherein the long-wave infrared (LWIR) Camera is microbolometer-based. However, the reference of Zhang explicitly teaches wherein the long-wave infrared (LWIR) Camera is microbolometer-based (see ¶s 44, 45, 65 for the long-wave infrared (LWIR) Camera is microbolometer-based (i.e. LWIR sensor 118 may be implemented as any sensor sensitive to LWIR reflected radiation, as illustrated in FIG. 2, the LWIR sensor 118 is implemented as an uncooled focal plane array (UFPA), the UFPA may be implemented for example using either VOX Microbolometer (MBT), Silicon Microbolometer, or Barium Strontium Titanate (BST) technology as described in fig. 2 paragraph 66))
Therefore, taking the combined teachings of Sajjadi and Zhang as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (long-wave infrared (LWIR) Camera) into the system of Sajjadi as taught by Zhang.
One will be motivated to incorporate the above feature into the system of Sajjadi as taught by Zhang for the benefit of having a sensor assembly 102 that includes first and second sensors 116, 118, wherein each of the first and second sensors 116, 118, herein after referred to as NIR sensor 116 and LWIR sensor 118, may include suitable hardware sensitive to radiation in LWIR bands in order to improve efficiency when generating image data representative of the LWIR radiation (see fig. 2 ¶s 45, 52)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M MESA whose telephone number is (571)270-1706. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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1/27/2026
/JOSE M. MESA/
Examiner
Art Unit 2484
/THAI Q TRAN/Supervisory Patent Examiner, Art Unit 2484