DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 reli1ed 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 7-8, and 18 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Devengenzo et al. (hereinafter ‘Devengenzo’, U.S. PGPub No. 2007/0142824).
In regards to claim 7, Devengenzo discloses a surgical robotic system comprising a plurality of movable carts each including a robotic arm and a cart color indicator configured to display a unique color ([0031]: "The system operator O manipulates one or more input devices or masters 2 at a surgeon's console 3. In response to the surgeon's input commands, a computer processor 4 of console 3 directs movement of endoscopic surgical instruments or tools 5, effecting servomechanical movement of the instruments via a robotic patient-side manipulator system 6 (a cart-mounted system in this example).", [0044]: "The LEDs of each array can be independently energized to any of a plurality of illumination or brightness levels, allowing indicator 20 to generate signals in a wide variety of colors, as schematically illustrated in FIG. 14.") and a surgeon console including a display configured to display a graphical user interface having a plurality of graphical representations each of which corresponds to one movable cart of the plurality of movable carts, wherein each of the graphical representations displays the unique color of the cart color indicator of the corresponding movable cart ([0039]: "A corresponding graphical indication of the signal may be provided to system operator O in display 12, such as presentation of an appropriate icon, superimposing of text on the surgical site, the use of image processing to superimpose false colors on the image of the appropriate end effector, or the like.").
In regards to claim 8, Devengenzo discloses that the cart color indicator includes at least one light emitting diode ([0044]: "In one embodiment, the indicator 20 generally comprises a clear and/or translucent polymer body or housing 54 in which a light emitting diode (LED) array 56 is mounted.").
In regards to claim 18, Devengenzo discloses a surgical robotic system comprising a plurality of movable carts each including a robotic arm and a cart color indicator configured to display a unique color ([0031]: "The system operator O manipulates one or more input devices or masters 2 at a surgeon's console 3. In response to the surgeon's input commands, a computer processor 4 of console 3 directs movement of endoscopic surgical instruments or tools 5, effecting servomechanical movement of the instruments via a robotic patient-side manipulator system 6 (a cart-mounted system in this example).", [0044]: "The LEDs of each array can be independently energized to any of a plurality of illumination or brightness levels, allowing indicator 20 to generate signals in a wide variety of colors, as schematically illustrated in FIG. 14.") and a surgeon console including a display configured to display a graphical user interface having a plurality of graphical representations each of which corresponds to one movable cart of the plurality of movable carts, wherein each of the graphical representations displays the unique color of the cart color indicator of the corresponding movable cart ([0039]: "A corresponding graphical indication of the signal may be provided to system operator O in display 12, such as presentation of an appropriate icon, superimposing of text on the surgical site, the use of image processing to superimpose false colors on the image of the appropriate end effector, or the like.").
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 1-5, 9-15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Devengenzo in view of Itkowitz et al. (hereinafter ‘Itkowitz’, U.S. PGPub No. 2014/0055489).
In regards to claim 1, Devengenzo discloses a surgical robotic system comprising a plurality of movable carts each of the movable carts including a robotic arm and a cart color indicator configured to display a unique color ([0031]: "The system operator O manipulates one or more input devices or masters 2 at a surgeon's console 3. In response to the surgeon's input commands, a computer processor 4 of console 3 directs movement of endoscopic surgical instruments or tools 5, effecting servomechanical movement of the instruments via a robotic patient-side manipulator system 6 (a cart-mounted system in this example).", [0044]: "The LEDs of each array can be independently energized to any of a plurality of illumination or brightness levels, allowing indicator 20 to generate signals in a wide variety of colors, as schematically illustrated in FIG. 14.") and a surgeon console including: a display configured to display a graphical user interface having a plurality of graphical representations each of which corresponds to one movable cart of the plurality of movable carts, wherein each of the graphical representations displays the unique color of the cart color indicator of the corresponding movable cart ([0039]: "A corresponding graphical indication of the signal may be provided to system operator O in display 12, such as presentation of an appropriate icon, superimposing of text on the surgical site, the use of image processing to superimpose false colors on the image of the appropriate end effector, or the like.").
However, Devengenzo does not disclose a plurality of foot pedals configured to control the robotic arms, each of the plurality of foot pedals including a pedal color indicator, wherein each of the pedal color indicators is configured to display the unique color of the cart color indicator of a movable cart based on a foot pedal assignment.
Itkowitz teaches a surgical device which uses foot pedals ([0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use foot pedals, as taught by Itkowitz, as doing so would provide additional control movement and actuation of the devices (such as movable carts) connected to the foot pedals (Itkowitz, [0026]: “[0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Furthermore, it would be obvious to one of ordinary skill in the art to color the pedals like the carts are colored as disclosed in Devengenzo, as doing so would provide independently identifiable signals that would correspond to the appropriate device connected to the pedal (Devengenzo, [0045]: "As different colors may be combined with different illumination levels and different modulation patterns in a signal, a very large number of independently identifiable signals can be generated, often being more than three separately identifiable signals, typically being more than 10 separately identifiable signals, and optionally being more than 100 separately identifiable signals. Interpretation of the identifiable signals may be facilitated by a list correlating signals and their meaning, such as that included as FIG. 13 in one example.").
In regards to claim 2, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 1 above.
Devengenzo further discloses that each of the cart color indicator and the pedal color indicator includes at least one light emitting diode (Devengenzo, [0044]: "In one embodiment, the indicator 20 generally comprises a clear and/or translucent polymer body or housing 54 in which a light emitting diode (LED) array 56 is mounted."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to include at least one light emitting diode for each of the cart color indicator and the pedal color indicator, as taught by Devengenzo, as doing so would provide a way to illuminate the devices in a wide variety of colors ([0044]: "The LEDs of each array can be independently energized to any of a plurality of illumination or brightness levels, allowing indicator 20 to generate signals in a wide variety of colors, as schematically illustrated in FIG. 14.").
In regards to claim 3, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 1.
Devengenzo further discloses a surgical system with a control tower coupled to the surgeon console and the plurality of movable carts, wherein the control tower is configured to control the robotic arm of each movable cart of the plurality of movable carts based on a user input received at the surgeon console (Devengenzo, Fig. 1, workstation 3, [0037]: "As can be seen in FIG. 1, the system operator O is largely immersed in the environment of and interaction with workstation 3. The system operator sees images presented by display 12 and manipulates input devices 2, and in this embodiment, processor 4 correlates the movement of the end effectors of tools 5 so that the images of the end effectors follow the movements of the input devices in the hands of the system operator O."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a control tower, as taught by Koenig, as doing so would provide a way to control the devices of the robotic system (Devengenzo, [0038]: "It can be advantageous to avoid distracting system operator 0 during a surgical procedure which may shift the operator's attention away from the internal surgical site.").
In regards to claims 4 and 5, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 3.
Devengenzo further discloses that the control tower is configured to assign the unique color to each of the cart color indicators and that the control tower is configured to assign the unique color to each of the cart color indicators based on a user selection ([0039]: "So as to unambiguously identify a tool 5 to be replaced by assistant A, system operator O may input a command into workstation 3 (such as by pushing a button on the input device 2, actuating a foot peddle, inputting a voice command, or the like) so that indicator 20 on the manipulator assembly associated with the specific tool 5 generates a visually identifiable signal that can be viewed by the assistant.". Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a control tower to assign colors to connected devices based on user selection, as further disclosed by Devengenzo, as doing so would provide ease of use for the user of the surgical system and for other assistants in the surgical space ([0039]: "So as to unambiguously identify a tool 5 to be replaced by assistant A, system operator O may input a command into workstation 3 (such as by pushing a button on the input device 2, actuating a foot peddle, inputting a voice command, or the like) so that indicator 20 on the manipulator assembly associated with the specific tool 5 generates a visually identifiable signal that can be viewed by the assistant.").
In regards to claim 9-11, Devengenzo discloses the invention substantially as described in claim 7.
However, Devengenzo does not disclose using foot pedals to control a device of the robotic system.
Itkowitz teaches a surgical device which uses foot pedals ([0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use foot pedals, as taught by Itkowitz, as doing so would provide additional control movement and actuation of the devices (such as movable carts) connected to the foot pedals (Itkowitz, [0026]: “[0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Furthermore, it would be obvious to one of ordinary skill in the art to color the pedals like the carts are colored as disclosed in Devengenzo, as doing so would provide independently identifiable signals that would correspond to the appropriate device connected to the pedal (Devengenzo, [0045]: "As different colors may be combined with different illumination levels and different modulation patterns in a signal, a very large number of independently identifiable signals can be generated, often being more than three separately identifiable signals, typically being more than 10 separately identifiable signals, and optionally being more than 100 separately identifiable signals. Interpretation of the identifiable signals may be facilitated by a list correlating signals and their meaning, such as that included as FIG. 13 in one example.").
In regards to claim 12, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 10 above.
Devengenzo further discloses that each of the cart color indicator and the pedal color indicator includes at least one light emitting diode (Devengenzo, [0044]: "In one embodiment, the indicator 20 generally comprises a clear and/or translucent polymer body or housing 54 in which a light emitting diode (LED) array 56 is mounted."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to include at least one light emitting diode for each of the cart color indicator and the pedal color indicator, as taught by Devengenzo, as doing so would provide a way to illuminate the devices in a wide variety of colors ([0044]: "The LEDs of each array can be independently energized to any of a plurality of illumination or brightness levels, allowing indicator 20 to generate signals in a wide variety of colors, as schematically illustrated in FIG. 14.").
In regards to claim 13, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 10.
Devengenzo further discloses a surgical system with a control tower coupled to the surgeon console and the plurality of movable carts, wherein the control tower is configured to control the robotic arm of each movable cart of the plurality of movable carts based on a user input received at the surgeon console (Devengenzo, Fig. 1, workstation 3, [0037]: "As can be seen in FIG. 1, the system operator O is largely immersed in the environment of and interaction with workstation 3. The system operator sees images presented by display 12 and manipulates input devices 2, and in this embodiment, processor 4 correlates the movement of the end effectors of tools 5 so that the images of the end effectors follow the movements of the input devices in the hands of the system operator O."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a control tower, as taught by Koenig, as doing so would provide a way to control the devices of the robotic system (Devengenzo, [0038]: "It can be advantageous to avoid distracting system operator 0 during a surgical procedure which may shift the operator's attention away from the internal surgical site.").
In regards to claims 14 and 15, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 13.
Devengenzo further discloses that the control tower is configured to assign the unique color to each of the cart color indicators and that the control tower is configured to assign the unique color to each of the cart color indicators based on a user selection ([0039]: "So as to unambiguously identify a tool 5 to be replaced by assistant A, system operator O may input a command into workstation 3 (such as by pushing a button on the input device 2, actuating a foot peddle, inputting a voice command, or the like) so that indicator 20 on the manipulator assembly associated with the specific tool 5 generates a visually identifiable signal that can be viewed by the assistant.". Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a control tower to assign colors to connected devices based on user selection, as further disclosed by Devengenzo, as doing so would provide ease of use for the user of the surgical system and for other assistants in the surgical space ([0039]: "So as to unambiguously identify a tool 5 to be replaced by assistant A, system operator O may input a command into workstation 3 (such as by pushing a button on the input device 2, actuating a foot peddle, inputting a voice command, or the like) so that indicator 20 on the manipulator assembly associated with the specific tool 5 generates a visually identifiable signal that can be viewed by the assistant.").
In regards to claim 17, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 7 above.
Devengenzo further discloses that at least one movable cart of the plurality of movable carts includes an instrument drive unit and an instrument coupled to the instrument drive unit and the cart color indicator is disposed on at least one of the at least one movable cart, the instrument drive unit, or the instrument ([0036]: "As can be seen in FIGS. 1 and 2, indicators 20 are disposed on each manipulator assembly. In this embodiment, indicators 20 are disposed on manipulators 8, 10 near the interface between the manipulators and their mounted tools 5. In alternative embodiments, indicators 20 may instead be disposed on set-up joints 7, 9, on tools 5, elsewhere on manipulators 8, 10, or the like, with the indicators preferably being sufficiently close to the tools so that a signal generated by a particular indicator can be readily associated with a particular tool when the signal is viewed by assistant A."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to include a cart color indicator which is disposed on at least one of the movable cart, the instrument drive shaft, or the instrument, as further disclosed by Devengenzo, as doing so would allow for easily identifiable devices connected to the instrument for the operator, surgeon, or assistant to easily identify ([0036]: "...with the indicators preferably being sufficiently close to the tools so that a signal generated by a particular indicator can be readily associated with a particular tool when the signal is viewed by assistant A.").
In regards to claims 19-20, Devengenzo discloses the invention substantially as described in claim 18.
However, Devengenzo does not disclose assigning at least one pedal to each robotic arm, each of which is disposed on one movable cart of the plurality of carts and displaying on a pedal color indicator the unique color of the cart color indicator of a movable cart based on a foot pedal assignment.
Itkowitz teaches a surgical device which uses foot pedals connected to devices of the surgical system ([0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use foot pedals, as taught by Itkowitz, as doing so would provide additional control movement and actuation of the devices (such as movable carts) connected to the foot pedals (Itkowitz, [0026]: “[0026]: "Foot pedals 44 with toe and heel controls are provided on the Console so the user may control movement and/or actuation of devices associated with the foot pedals."). Furthermore, it would be obvious to one of ordinary skill in the art to color the pedals like the carts are colored as disclosed in Devengenzo, as doing so would provide independently identifiable signals that would correspond to the appropriate device connected to the pedal (Devengenzo, [0045]: "As different colors may be combined with different illumination levels and different modulation patterns in a signal, a very large number of independently identifiable signals can be generated, often being more than three separately identifiable signals, typically being more than 10 separately identifiable signals, and optionally being more than 100 separately identifiable signals. Interpretation of the identifiable signals may be facilitated by a list correlating signals and their meaning, such as that included as FIG. 13 in one example.").
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Devengenzo/Itkowitz combination in view of Neumann (U.S. Patent No. 11100430).
In regards to claim 6, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 1.
However, Devengenzo/Itkowitz combination does not disclose that the display is a touchscreen and each graphical representation of the plurality of graphical representations is movable on the touchscreen.
Neumann teaches a medical device wherein the display is a touchscreen and each graphical representation of the plurality of graphical representations is movable on the touchscreen (Col. 27, lns. 37-44, lns. 49-54: "Examples of an input device 832 include, but are not limited to, an alpha-numeric input device (e.g., a keyboard), a pointing device, a joystick, a gamepad, an audio input device (e.g., a microphone, a voice response system, etc.), a cursor control device (e.g., a mouse), a touchpad, an optical scanner, a video capture device (e.g., a still camera, a video camera), a touchscreen, and any combinations thereof...Input device 832 may include a touch screen interface that may be a part of or separate from display 836, discussed further below. Input device 832 may be utilized as a user selection device for selecting one or more graphical representations in a graphical interface as described above."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a touchscreen for a display wherein the plurality of graphical representations is movable on the touchscreen, as taught by Neumann, as doing so would provide ease of user input to the device while using just a display (Col. 27, lns. 34-37: "Computer system 800 may also include an input device 832. In one example, a user of computer system 800 may enter commands and/or other information into computer system 800 via input device 832.").
In regards to claim 16, Devengenzo/Itkowitz combination discloses the invention substantially as described in claim 7.
However, Devengenzo/Itkowitz combination does not disclose that the display is a touchscreen and each graphical representation of the plurality of graphical representations is movable on the touchscreen.
Neumann teaches a medical device wherein the display is a touchscreen and each graphical representation of the plurality of graphical representations is movable on the touchscreen (Col. 27, lns. 37-44, lns. 49-54: "Examples of an input device 832 include, but are not limited to, an alpha-numeric input device (e.g., a keyboard), a pointing device, a joystick, a gamepad, an audio input device (e.g., a microphone, a voice response system, etc.), a cursor control device (e.g., a mouse), a touchpad, an optical scanner, a video capture device (e.g., a still camera, a video camera), a touchscreen, and any combinations thereof...Input device 832 may include a touch screen interface that may be a part of or separate from display 836, discussed further below. Input device 832 may be utilized as a user selection device for selecting one or more graphical representations in a graphical interface as described above."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the surgical robotic system to use a touchscreen for a display wherein the plurality of graphical representations is movable on the touchscreen, as taught by Neumann, as doing so would provide ease of user input to the device while using just a display (Col. 27, lns. 34-37: "Computer system 800 may also include an input device 832. In one example, a user of computer system 800 may enter commands and/or other information into computer system 800 via input device 832.").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached at (571) 272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.M.L./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796