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 .
DETAILED ACTION
Claims 1-13 are pending. Claims 1-13 are rejected.
Regarding the limitation of “mechanical zero position” Applicant’s specifications para 3 states “mechanical zero position means that when defining the angle of an instrument joint, it is necessary to define a certain mechanical state of the instrument joint as zero degrees.” Here the joint is defined at zero degrees, not actual zero degrees. Additionally, para 31-32 makes reference to mechanical zero position relating to Fig. 1B. However, Fig.1B does not calibrate with the specifications. Furthermore “mechanical zero position” is not a term known in the art relating to yew and pitch, or joint, motor, torque and calibration.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6 and 9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims have been amended to recite “drive cable”, no support was readily found for the amended limitation in the specifications.
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 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 1-6, 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bingham US 9427872 in view of Brogardh US 20180117768.
1. Bingham teaches a mechanical zero position calibration method, comprising:
determining joint torque change information corresponding to each set direction based on the movement of the instrument joint; Col.7, line 30 the gears 112 include more than one gear arranged as a transmission system to change speed, torque, and direction of rotation of the segments 106 relative to the actuators 110. [to change, torque must be determined] Also C7L12; The gear(s) 112 are configured to couple the actuators 110 with the segments 106 [i.e. joint]
determining critical point information of the instrument joint corresponding to each set direction based on the joint torque change information for each set direction; and Fig.2 204
determining, based on the critical point information associated with each set direction, an electric motor position corresponding to a mechanical zero position of the target instrument; Fig.2 206 “indicating offset angles” i.e. corresponding to mechanical zero position. Also; C30l30; In line with the discussion above, the present method allows calibrating an encoder such as that shown in FIG. 5G to adjust the reference configuration to an encoder position at: an end of the range of possible encoder positions, outside the range of possible encoder positions, or a given encoder position associated with a home position (e.g., mechanical zero, etc.) of the robotic device that is within the range of possible encoder positions.
Regarding mechanical zero position; see 112 rejections.
wherein the method is used for performing at least one of a yaw angle zero position calibration, a pitching angle zero position calibration, or an opening angle zero position calibration of the target instrument. INTENDED USE: it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
but do not disclose driving an instrument joint of a target instrument through a drive chain of the target instrument to respectively move in at least two set directions via a target electric motor;
wherein the mechanical zero position is a reference position defining zero degrees for an absolute angle of the instrument joint;
However, Brogardh teaches
driving an instrument joint of a target instrument Fig. 1 16 through a drive chain of the target instrument para 65 drive chain to respectively move in at least two set directions servos are bidirectional via a target electric motor servo motor 40;
wherein the mechanical zero position is a reference position defining zero degrees for an absolute angle of the instrument joint; para 65; The motor angle measured by the sensor 48 and processed by the sensor handling element 38 is subtracted from the reference motor angle Pref and is also used by the derivative calculating element 42 to obtain the speed to the servo element 40. A calibration sequence is controlled by the calibration control element 36, which determines the sequence of angle references Pref and motor angle speed. dPref is a motor angle error that may be obtained at clamping of the force receiving element 58 to generate a well defined pre-stress of the drive chain [zero degrees based on Applicant’s para 31-32 i.e. reset to zero reference].
Therefore, it was well known at the time the invention was filed and would have been obvious to one of ordinary skill in the art to combine the teachings for the purpose of high precision model and apparatus calibrating such that the claimed invention as a whole would have been obvious. The combination is also considered obvious to try as stated in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
2. The method as claimed in claim 1, wherein driving the controlling a target electric motor to drive an instrument joint of a target instrument to respectively move in at least two set directions, comprising:
driving the instrument joint of the target instrument to respectively move in a first pitching direction Fig.3B, a second pitching direction Fig. 3C, a first yaw direction Joint 322 clockwise, and a second yaw direction via the target electric motor; 322 counter clockwise also C21L65; the joint 322 allows the link 310 to rotate about an axis perpendicular to a surface of the frame 326.
wherein the first pitching direction is opposite to the second pitching direction left, right, the first yaw direction is opposite to the second yaw direction Clockwise, counter clockwise.
3. The method as claimed in claim 2, wherein determining based on the critical point information corresponding to each set direction, an electric motor position associated with a mechanical zero position of the target instrument, comprising:
determining a first position corresponding to the mechanical zero position of pitching angel of the target instrument Brogardh para 65; para 65; The motor angle measured by the sensor 48 and processed by the sensor handling element 38 is subtracted from the reference motor angle Pref and is also used by the derivative calculating element 42 to obtain the speed to the servo element 40. A calibration sequence is controlled by the calibration control element 36, which determines the sequence of angle references Pref and motor angle speed. dPref is a motor angle error that may be obtained at clamping of the force receiving element 58 to generate a well defined pre-stress of the drive chain [zero degrees based on Applicant’s para 31-32 i.e. reset to zero reference].
based on the critical point information corresponding to the first pitching direction and the critical point information corresponding to the second pitching direction; Fig. 2 204 and 206; Identify a range of encoders positions [encoders in each section pitch and yaw at each point] 206; indicating offset [defined as mechanical zero position] Also C30l30; In line with the discussion above, the present method allows calibrating an encoder such as that shown in FIG. 5G to adjust the reference configuration to an encoder position at: an end of the range of possible encoder positions, outside the range of possible encoder positions, or a given encoder position associated with a home position (e.g., mechanical zero, etc.) of the robotic device that is within the range of possible encoder positions.
determining a second position corresponding to the mechanical zero position of yaw angle of the target instrument it is noted that recalibration can be applied at each joint i.e. yaw ; pitch, roll Brogardh para 65; para 65; The motor angle measured by the sensor 48 and processed by the sensor handling element 38 is subtracted from the reference motor angle Pref and is also used by the derivative calculating element 42 to obtain the speed to the servo element 40. A calibration sequence is controlled by the calibration control element 36, which determines the sequence of angle references Pref and motor angle speed. dPref is a motor angle error that may be obtained at clamping of the force receiving element 58 to generate a well defined pre-stress of the drive chain [zero degrees based on Applicant’s para 31-32 i.e. reset to zero reference].
based on the critical point information corresponding to the first yaw direction and the critical point information corresponding to the second yaw direction; 204 encoders at each point.
determining the motor position corresponding to the mechanical zero position of the target instrument Brogardh para 65; para 65; The motor angle measured by the sensor 48 and processed by the sensor handling element 38 is subtracted from the reference motor angle Pref and is also used by the derivative calculating element 42 to obtain the speed to the servo element 40. A calibration sequence is controlled by the calibration control element 36, which determines the sequence of angle references Pref and motor angle speed. dPref is a motor angle error that may be obtained at clamping of the force receiving element 58 to generate a well defined pre-stress of the drive chain [zero degrees based on Applicant’s para 31-32 i.e. reset to zero reference].
based on the first position and the second position Read or map encoders positions; Also Fig. 2 208. Calibration in continues and not a one-time function. Also see Broghardh Para 65.
4. (currently amended) The method as claimed in claim 1, wherein driving an instrument joint of a target instrument to respectively move in at least two set directions, comprising:
driving opening angle of the instrument joint of the target instrument to Fig. 3A 303 clockwise from 306. From 1st closed to 2nd open. Also See Brogardh para 65
controlling the target electric motor to drive the opening angle of the instrument joint of the target instrument to move from the first opening angle to a second opening angle; moving 303 clockwise from 306
wherein, the first opening angle is greater than the second opening angle. Angle between 304 and 306 increases.
5. The method as claimed in claim 1, wherein determining critical point information of the instrument joint corresponding to each set direction based on the joint torque change information for each set direction, comprising:
based on the torque change information corresponding to each set direction, determining a torque command relationship curve corresponding to each set direction, wherein, horizontal axis of the torque command relationship curve is a joint position command for Joint 322, vertical axis of the torque command relationship curve is a joint torque for joint 316; C70L30; arranged as a transmission system to change speed, torque, and direction of rotation of the segments 106 relative to the actuators 110. [torque command is always relationship curve to a joint i.e. torque= r x F x sin tata, torque around an axis]
determining a target joint position command based on the torque command relationship curve; and
determining the critical point information corresponding to each set direction of the instrument joint based on an electric motor reference position associated with the target joint position command. C7L25; allow transmitting torques of the actuators 110 to the segments 106. Also, C7L7; the actuators 110 include any combination of actuators such as an electric motor. Also, Brogardah para 65. Calibration point is critical point
6. The method as claimed in claim 1, further comprising:
determining a joint torque of the instrument joint during movement of the instrument joint in the set direction; Brogardh para 64; 68 determination of a change in motor torque for obtaining a contacting [during movement] indication.
wherein determining the joint torque during the process of the instrument joint moves in the set direction, based on an instrument force mapping matrix of the target instrument, Fig. 2; 208
a drive cable tension of the target instrument, and a drive cable friction of the target instrument. See 112 rejection
Markush Groups
Treatment of claims reciting alternatives is not governed by the particular format used (e.g., alternatives may be set forth as "a material selected from the group consisting of A, B, and C" or "wherein the material is A, B, or C"). See, e.g., the Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications ("Supplementary Guidelines"), 76 Fed. Reg. 7162, 7166 (February 9, 2011). Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims, after the appellant in Ex parte Markush, 1925 Dec. Comm’r Pat. 126, 127 (1924). The listing of specified alternatives within a Markush claim is referred to as a Markush group or Markush grouping. Abbott Labs v. Baxter Pharmaceutical Products, Inc., 334 F.3d 1274, 1280-81, 67 USPQ2d 1191, 1196-97 (Fed. Cir. 2003) (citing to several sources that describe Markush groups)
A Markush grouping is proper if the members of a group share a single structural similarity and a common use. See subsections II - IV, below, for guidelines regarding the determination of whether a Markush grouping is improper, a Markush grouping may be indefinite under 35 U.S.C. 112(b).
A claim which recites a list of alternatives to define a limitation such as “based on an instrument force mapping matrix of the target instrument, a drive rope tension of the target instrument, and a drive rope friction of the target instrument” recited in the claim. As such only one of the selections of the limitation needs to be addressed with a rejection to fully reject the claim.
8. The method as claimed in claim 1, further comprising:
driving the instrument joint of the target instrument to respectively move in at least two set direction, Brogardh para 65 servos are bi directional
via the target electric motor upon detecting that the position of the target instrument is in one of following positional states:
an end of the target instrument is located inside the cannula of the trocar;
a pitching axis of the target instrument is located at the cannula opening of the trocar; and
an end of the target instrument is located outside the cannula of the trocar. Intended use, both arts are functionally capable of performing the functions.
9. The method as claimed in claim 8, wherein prior to driving the instrument joint of the target instrument to respectively move in at least two set directions via the target electric motor, the method further comprises:
loading a tension of a drive cable component based on a preset cable constraint condition. Brogardh para 65 pre-stress
10. is rejected using the same rejections made to claim 1.
11. An electric device, comprising:
one or more processors; a storage device, configured to store one or more programs, when the one or more programs are executed by the one or more processors, the one or more processors are caused to implement the mechanical zero position calibration method as claimed in claim 1. 1L27 The device also comprises a controller to cause the actuator to adjust the position of the hardware segment to an end of the range of positions.
12. A non-transitory computer-readable storage medium, storing a computer program, when the computer program is executed by a processor, implementing the mechanical zero position calibration method as claimed in claim 1. C11L50; The data storage 172 contains instructions 174 (e.g., program logic) executable by the processor 170 to perform various functions of the device 100.
13. The method as claimed in claim 2, wherein driving an instrument joint of a target instrument to respectively move in at least two set directions via a target electric motor, comprising:
driving opening angle of the instrument joint of the target instrument to move to a first opening angle via the target electric motor; fig. 3B
driving the opening angle of the instrument joint of the target instrument to move from the first opening angle to a second opening angle via the target electric motor; Fig. 3C
wherein, the first opening angle is greater than the second opening angle. Measured in degrees from 0.
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 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bingham as applied to claim above, and further in view of Brock US 20080177285.
7. Bingham and Brogardh teaches all of the limitations of claim 1 but does not teach, wherein the critical points of the instrument joint comprise;
However, Brock teaches the critical points include a contact point between the target instrument and an inner wall of a trocar Fig. 2B trocar 487, a contact point between the target instrument and a cannula Cannula 487 outlet of the trocar, and a mechanical limit position point of the instrument joint incision point 485. [cannula is often inside to trocar]
Therefore, it was well known at the time the invention was filed and would have been obvious to one of ordinary skill in the art to combine the teachings with a reasonable expectation of success in order to align a surgical instrument with a target region such that the claimed invention as a whole would have been obvious.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIHAR A KARWAN whose telephone number is (571)272-2747. The examiner can normally be reached on M-F 11am.-7pm.
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/SIHAR A KARWAN/Examiner, Art Unit 3664
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