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 § 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.
Claim(s) 1, 3-7, 10-15, 17 & 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barwinkel et al. (US -2013/0066335) in view of Wu (WO 2014/052428) and one of ordinary skill in the art, KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).
Barwinkel et al. discloses:
“…a plurality of robot arms each including a surgical instrument mount to which a surgical instrument is attached…”
E.G. via the disclosed laparoscopic robot 4 including instrument arm 6 holding surgical instrument 10; [0037] & (Fig 1).
“…an arm base to which the plurality of robot arms is attached…”
E.G. via the disclosed instrument arm 6 connected to base support 11 of robot 4; [0038] & (Fig 1)
“…a detector arranged on the arm base so as to detect a position and orientation of a plurality of trocars configured to be inserted into a patient…”
E.G. via the disclosed trocar 14 inserted into the patient 2 and spatial marker 26a applied to the trocar 14 and tracked by the camera 28 to determine spatial position P of trocar 14; [0038]-[0040].
“…a control device…”
E.G. via the disclosed error minimization method 36 determining movements of instrument arm 6/articulations 7; [0043]-[0045].
“…the control device is configured or programmed to detect the position and orientation of each of the plurality of trocars based on a detection result of the detector…”
E.G, via the disclosed determining trocar spatial position P from camera image 30 and known imaging geometry of camera 28, [0040].
“…move the surgical instrument mount of each robot arm toward the respective trocar of the plurality of trocars based on the detected position and orientation of the respective trocar…”
E.G. via the disclosed determining desired position S of instrument arm 6 relative to trocar 14 and determining movements to move instrument arm 6 into desired position relative to trocar 14, [0042]-[0045].
Barwinkel et. al, however, does not explicitly disclose:
“…the detector includes a camera to image the patient and a distance sensor to detect a distance to each trocar…” or
“…the camera and the distance sensor being arranged adjacent one another…”
Wu discloses;
systems utilizing optical sensors and non-optical sensors to determine the position and/or orientation of objects; Wu, [0013].
a navigation system including an optical sensor and a non-optical signals; [0014].
determining object position using optical and non-optical signals; [0014].
camera unit 36 including optical sensor 40 for surgical tracking/navigation; [0034]-[0036].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the robotic surgical tracking system of Barwinkel et al. to incorporate the optical and non-optical sensing architecture taught by Wu in order to improve robotic surgical tracking accuracy, positioned determination, and navigation robustness. Applying known multi-sensor tracking techniques to a similar robotic surgical navigation system merely applies a known technique to improve a similar device in the same way with predictable results. See KSR.
Further, one of ordinary skill I the art would have understood that arranging the sensing components in close physical proximity within the robotic tracking assembly would facilitate coordinated spatial tracking and positional correlation between sensing modalities.
Therefore, Barwinkel et al. in view of Wu teaches or suggests:
“…the detector includes a camera to image the patient and a distance sensor to detect a distance to each trocar…” as evidence by Wu’s optical and non-optical sensor arrangement for determining object position/orientation; [0013]-[0014] combined with Bawinkel’s trocar tracking system; [0040] and
“…the camera and the distance sensor being arranged adjacent one another…” as an obvious implementation of integrating the combined sensing architecture into the robotic tracking assembly Barwinkel et al.
3.
“…the surgical instrument further includes a shaft…”
E.G. via the disclosed surgical instrument 10 extending through trocar 14 along instrument axis 16; Barwinkel, [0038].
“…move the surgical instrument mount such that the shaft of the surgical instrument is placed in a plane along a vertical direction including an axis of the trocar…”
E.G. via the disclosed instrument 10 being aligned with central longitudinal axis 18 of trocar 14 and instrument arm 6 being moved into desired position S relative to trocar 14; Barwinkel, [0038], [0042]-[0045].
“…based on the detected position and orientation of the trocar…”
E.G. via the disclosed determining spatial position P of trocar 14 using camera image 30 and using the detected trocar position to determine desired instrument arm movement; Barwinkel, [0040]-[0043].
4.
“…set the axis of the trocar based on the detected position and orientation of the trocar…”
E.G. via the disclosed determining spatial position P and central longitudinal axis 18 of trocar 14 from camera image 30 and known imaging geometry; Barwinkel, [0038]-[0042].
“…move the surgical instrument mount such that the shaft of the surgical instrument is placed on the axis of the trocar…”
E.G. via the disclosed alignment instrument axis 16 coaxially with trocar axis 18 and moving instrument arm 6 into desired position S relative to trocar 14; Barwinkel, [0038], [0042]-[0045].
5.
Barwinkel et al. discloses
“…a robot main body…”
E.G. via the disclosed laparoscopic robot 4; Barwinkel, [0037]
“…detect the position and orientation of each of the plurality of trocars based on at least an image of the patient captured by the imager after the robot main body is moved toward the patient…”
E.G. via the disclosed camera 28 imaging marker 26a on trocar 14 and determining spatial position P of trocar 14 using camera image 30; Barwinkel, [0039]-[0042].
“…move the surgical instrument mount of each of the plurality of robot arms toward respective ones of the plurality of trocars…”
E.G. via the disclosed moving instrument arm 6 into desired position S relative to trocar 14, Barwinkel [0042]-[0045].
Wu discloses;
Optical and non-optical sensing for determining object position/orientation; [0013]-[0014]
It would have been obvious to combine the references to improve positional determination and robotic surgical navigation accuracy using multiple sensing modalities, consistent with KSR.
6.
Barwinkel et al. discloses;
“…move the surgical instrument mount of each of the plurality of robot arms to a position for attaching the respective surgical instrument…”
E.G. via the disclosed instrument arm 6 holding and positioning surgical instrument 10; [0037]-[0039].
“…or a respective pivot position setting instrument…”
E.G. via the disclosed instrument arm positioning relative to the trocar 14 to establish constrained movement geometry about the trocar axis, [0038]-[0045]/
“…to set a pivot position that serves as a fulcrum for movement…”
E.G. via the disclosed trocar 14 serving as the access fulcrum through which surgical instrument 10 is aligned and manipulated; [0038], [0042]-[0045].
“…based on the detected position an orientation of the respective trocar…”
E.G. via the disclosed determination of spatial position P of trocar 14 and using the detected position to determine desired movement of the instrument arm 6; [0040]-[0045]
7.
Barwinkel et al. discloses
“…move, toward the respective trocar, the respective surgical instrument mount with no surgical instrument attached thereto…”
E.G. via the disclosed positioning instrument arm 6 relative to trocar 14 during setup/alignment operations; [0038]-[0045].
“…receive an instruction to set the pivot position after receiving a fine adjustment operation…”
E.G. via the disclosed display 33 instructing operator adjustment of articulations 7 to achieve desired position S, [0044].
10.
Barwinkel et al. discloses:
“…the plurality of robot arms comprises a first robot arm…”
E.G. via the disclosed instrument arm 6; [0037]
“…a second robot arm to which an endoscope is attached…”
E.G. via the disclosed endoscope embodiment associated with camera and instrument arrangement; [0047].
“…move the respective surgical instrument mount of each of the first robot arm and the second robot arm toward respective ones of the plurality of trocars…”
E.G. via the disclosed moving robotic components into desired positions relative to trocar 14; [0042]-[0047].
“…based on the detected position and orientation of the respective trocar..”
E.G. via the disclosed detected spatial position P of the trocar 14; [0040]-[0043]
12.
Barwinkel et al. discloses:
“…set an axis of the respective trocar based on the detected position and orientation of the respective trocar…”
E.G. via the disclosed determination of the trocar spatial position P and trocar axis 18 from the camera image 30; [0038]-[0042].
“…move the respective surgical instrument mount such that the shaft of the respective surgical instrument is placed on the axis of the respective trocar…”
E.G. via the disclosed coaxial alignment of instrument axis 16 with trocar axis 18; [0038].
13. Barwinkel et al. discloses:
“…move the respective surgical instrument mount to a position for attaching the respective surgical instrument or a respective pivot position setting instrument…”
E.G. via the disclosed positioning instrument 6 relative to the trocar 14; [0038]-[0045].
“…to set a pivot position that serves as a fulcrum for movement…”
E.G. via the disclosed trocar-based constrained instrument manipulation; [0038], [0042]-[0045].
“…based on the detected position and orientation of the respective trocar…”
E.G. via the disclosed detected trocar spatial position P, [0040]-[0043].
14.
Barwinkel et al. discloses
“…a robot main body…”
E.G. via the disclosed laparoscopic robot 4; Barwinkel, [0037]
“…detect the position and orientation of each of the plurality of trocars based on at least an image of the patient captured by the imager after the robot main body is moved toward the patient…”
E.G. via the disclosed camera 28 imaging marker 26a on trocar 14 and determining spatial position P of trocar 14 using camera image 30; Barwinkel, [0039]-[0042].
“…move the surgical instrument mount of each of the plurality of robot arms toward respective ones of the plurality of trocars…”
E.G. via the disclosed moving instrument arm 6 into desired position S relative to trocar 14, Barwinkel [0042]-[0045].
Wu discloses;
Optical and non-optical sensing for determining object position/orientation; [0013]-[0014]
It would have been obvious to one of ordinary skill in the art to incorporate Wu’s sensing technique into Barwinkel et al. to improve robotic surgical tracking and positional detection accuracy, yielding predictable results. KSR.
15. Wu et al. discloses;
detecting position and orientation of a trocar using optical imaging/tracking sensors and markers; [0013]-[0015], [0034]-[0042]
positioning a surgical instrument relative to the detected trocar position/orientation; [0036]-[0039]
Barwinkel et al. further discloses;
moving instrument arm 6 relative to trocar 14 using detected spatial position information; [0038]-[0045]
positioning the robotic instrument arm to establish a desired positional relation relative to the trocar; [0042]-[0045].
robotic positioning/alignment based on trocar geometry and detected position/orientation information; [0040]-[0045]
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Wu with the robotic trocar-alignment and positioning techniques of Barwinkel et al. in order to improve automate positioning accuracy and instrument alignment relative to patient trocar locations during robotic surgical setup and operation. KSR, 550 U.S. at 417-421.
17.
Barwinkel et al. discloses;
“…robotic surgical system components including robot 4 and base support 11; [0037]-[0038]
“…camera-based trocar localization; [0039]-[0042]
“…robotic instrument positioning relative to trocar 14 using detected positional information; [0042]-[0045]
Wu et al. discloses;
Utilizing optical and non-optical sensors to determine object position/orientation, [0013]-[0014]
It would have been obvious to combine the references to improve positional robustness and robotic surgical alignment accuracy, yielding predictable results. KSR.
19.
The combination of Barwinkel et al. in view Wu et al. and KSR teaches or suggests the limitations of claim 19 substantially as set forth in claim 1.
Barwinkel et al. further teaches a robotic surgical system including a plurality of robotic arms and instrument mounts [0037]-[0045].
It would have been obvious to one having ordinary skill in the art to incorporate the trocar detection and localization techniques of Wu et al. into Barwinkel et al. for the reasons discussed with respect to claim 1.
20.
The combination of Barwinkel et al. in view Wu et al. and KSR teaches or suggests the limitations of claim 20 substantially as set forth in claims 1 and 19, wherein the cited references teach or render obvious performing the recited robotic control operations as a method.
Response to Arguments
Applicant’s arguments, filed April 10, 2026, with respect to the 101 claim rejections have been fully considered and are persuasive and have been withdrawn.
Applicant's arguments filed April 10, 2026 have been fully considered but they are not persuasive.
The applicant argues that the primary reference Barwinkel et al. fails to disclose (i) a plurality of robot arms attached to an arm base (ii) a detector arranged on the arm base (iii) detection of a position and orientation of a plurality of trocars and (iv) movement of respective surgical instrument mounts toward respective trocars based on the detected position and orientation.
The arguments are not persuasive because the arguments attach the references individually and fail to address the teachings of the references as relied upon in the rejection. A reference need not disclose the claimed invention verbatim to satisfy a claim limitation. Rather, the proper inquiry is whether the reference reasonably teaches or suggests the claimed subject matter under the broadest reasonable interpretation of the claim language.
Regarding the recited detection of a plurality of trocars, Barwinkel et al. discloses optical detection and tracking of trocar-associated structures using camera-based imaging. The claims do not require markless detection of the trocars themselves. Under the broadest reasonable interpretation, detection of trocar position and orientation through associated detectable structures satisfies the claimed detection functionality.
Applicant further argues that Barwinkel et al. relies on spatial markers and therefore does not detect the trocars. However, the claims do not exclude the use of markers, fiducials or associated detectable elements. Accordingly, the use of markers in Barwinkel et al. does not distinguish the claimed invention from the applied art.
Applicant additionally argues that Barwinkel’s camera is not arranged on an arm base. However, the rejection relies upon the cited disclosure as a whole. The cited system includes imaging components operatively positioned relative to the robotic system for determining trocar location and orientation. The claims doe not require any particular mounting arrangement beyond the broad recitation set forth in the claims.
Applicant also argues that Barwinkel et al. performs alignment rather than automatic positioning of robot arms. This argument is not persuasive because Barkwinkel et al. teaches determining positional relationships between robotic components and surgical access structures to facilitate positioning and alignment of the robotic system. Under the broadest reasonable interpretation, such positioning operations reasonably correspond to moving the claimed instrument mounts toward the respective trocar locations.
Accordingly, the examiner maintains that that Barwinkel et al. teaches or reasonably discloses the limitations recited in independent claims. Therefore, the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796
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