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 § 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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1 & 19 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The claim language “…a detector to detect a position and orientation of a trocar inserted into a patient…” positively recites the human body, i.e. the tocar is being inserted into a patient. It is suggested to use language such as ‘adapted for,’ ‘configured to,’ etc. Correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1- is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barwinkel et al. (US 2013/0066335).
Barwinkel et al. discloses;
1.
A robotic surgical system comprising: a robot arm including a surgical instrument mount to which a surgical instrument is attached;
E.G. via the disclosed instrument arm 6 of a laparoscopy robot 4 that holds an instrument 10 {[0037] & (Fig 1)].
a detector to detect a position and orientation of a trocar inserted into a patient; and a control device;
E.G. via the disclosed spatial marker 26a that is applied to the trocar 14 and is tracked by a camera 28 in order to provide an alignment of the instrument that is intended to be at a predetermined distance 24 from said trocar 14 {[0039]-[0040] & (Fig 1)}.
wherein the control device is configured or programmed to: detect the position and orientation of the trocar based on a detection result of the detector;
E.G. via the disclosed spatial position of the trocar 14 in the room being determined based on the evaluation of the camera image 30, the spatial marker 26a and the image geometry and position of the of the camera ([0040]-[0041]).
and move the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. via the disclosed step of positioning the instrument arm 6 from the desired position to the actual spatial position P of the trocar {[0042] & (Fig 1)}.
2.
The robotic surgical system according to claim 1, wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient; and the control device is configured or programmed to detect the position and orientation of the trocar based on at least an image of the patient captured by the imager.
E.G via the disclosed camera 28 and the spatial marker 26a, wherein each elements help to determine the actual position of the instrument arm 6 evaluated by said camera 28 [0041].
3.
The robotic surgical system according to claim 1, wherein the surgical instrument further includes a shaft;
and the control device is configured or programmed to 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 based on the detected position and orientation of the trocar.
4.
The robotic surgical system according to claim 3, wherein the control device is configured or programmed to: set the axis of the trocar based on the detected position and orientation of the trocar; and move the surgical instrument mount such that the shaft of the surgical instrument is placed on the axis of the trocar.
5.
The robotic surgical system according to claim 1, further comprising: a robot main body; wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient;
and the control device is configured or programmed to: detect the position and orientation of the trocar based on at least an image of the patient captured by the imager after the robot main body is moved toward the patient based on an image captured by the imager;
and move the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. ([0039]-[0041]).
6.
The robotic surgical system according to claim 1, wherein the control device is configured or programmed to move the surgical instrument mount to a position for attaching the surgical instrument or a pivot position setting instrument to the surgical instrument mount in order to set a pivot position that serves as a fulcrum for movement of the surgical instrument attached to the robot arm based on the detected position and orientation of the trocar.
E.G. via the disclosed instrument arm 6 being movable through a plurality of articulations 7 {[0037] & (Fig 1)}.
7.
The robotic surgical system according to claim 6, wherein the control device is configured or programmed to: move, toward the trocar, the surgical instrument mount with no surgical instrument attached thereto;
and receive an instruction to set the pivot position after receiving a fine adjustment operation for a position of the robot arm with the surgical instrument or the pivot position setting instrument attached to the surgical instrument mount.
E.G. via the disclosed instrument arm 4 that is movable through a plurality of articulations, wherein the arm is aligned outside of the patient with the assistance of a camera 28 and spatial marker 26a in order to evaluate the a spatial position for the arm and trocar prior to determining how the movements may need to be adjusted in order to actually move the instrument arm {[0041]-[0043] & (Fig 1)}.
8.
The robotic surgical system according to claim 1, further comprising: an arm base to which the robot arm is attached; wherein the detector is arranged on the arm base.
E.G. via the disclosed base support 11 {[0038] & (Fig 1)}.
9.
The robotic surgical system according to claim 8, wherein the detector includes an imager to image the patient and a distance sensor to detect a distance to the patient;
the imager is arranged on the arm base; and the distance sensor is arranged adjacent to the imager on the arm base.
E.G. ([0039]-[0041] & (Fig 1)}
10.
The robotic surgical system according to claim 1, wherein the robot arm is a first robot arm; the robotic surgical system further comprises a second robot arm to which an endoscope is attached; and the control device is configured or programmed to move the surgical instrument mount of each of the first robot arm and the second robot arm toward the trocar based on the detected position and orientation of the trocar.
E.G. via the disclosed trocar 14 designed to consists of a series of individual instruments, i.e. including multiple arms arranged in parallel, which would further be considered a combination instrument 10 {[0046]-[0047] & (Fig 1)}.
11.
The robotic surgical system according to claim 1, wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient;
E.G. via the disclosed spatial marker 26a and camera 28 and/or use of the sensor-based control for visual feedback {[0030] & [0040]-[0041])}.
the control device is configured or programmed to detect the position and orientation of the trocar based on at least an image of the patient captured by the imager; the surgical instrument further includes a shaft;
and the control device is configured or programmed to 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 based on the detected position and orientation of the trocar.
E.G. via the disclosed instrument be aligned along the instrument axis 16, coaxially to the central longitudinal axis of the trocar and the trocar axis 18 based on the intended alignment , the predetermined distance 24 from the trocar 14 and the desired positioning {[0038]-[0041] & (Fig 1)}.
12.
The robotic surgical system according to claim 1, wherein the surgical instrument further includes a shaft;
and the control device is configured or programmed to: set an axis of the trocar based on the detected position and orientation of the trocar; and 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 instrument 10 having an instrument axis, coaxially to the central longitudinal axis of the trocar {[0038] & (Fig 1)}.
13.
The robotic surgical system according to claim 1, wherein the surgical instrument further includes a shaft; and the control device is configured or programmed to: set an axis of the trocar based on the detected position and orientation of the trocar;
move the surgical instrument mount such that the shaft of the surgical instrument is placed on the axis of the trocar; and move the surgical instrument mount to a position for attaching the surgical instrument or a pivot position setting instrument to the surgical instrument mount in order to set a pivot position that serves as a fulcrum for movement of the surgical instrument attached to the robot arm based on the detected position and orientation of the trocar.
E.G. {[0037]-[0040] & (Fig 1)}.
14.
The robotic surgical system according to claim 1, wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient; the robotic surgical system further comprises a robot main body; and the control device is configured or programmed to:
detect the position and orientation of the trocar based on at least an image of the patient captured by the imager after the robot main body is moved toward the patient based on an image captured by the imager; and move the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. ([0040]-[0041]).
15.
The robotic surgical system according to claim 1, wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient; and the control device is configured or programmed to: detect the position and orientation of the trocar based on at least an image of the patient captured by the imager; and move the surgical instrument mount to a position for attaching the surgical instrument or a pivot position setting instrument to the surgical instrument mount in order to set a pivot position that serves as a fulcrum for movement of the surgical instrument attached to the robot arm based on the detected position and orientation of the trocar.
E.G. ([0038]-[0041] & (Fig 1)}.
16.
The robotic surgical system according to claim 1, wherein the detector includes at least an imager to image the patient of the imager and a distance sensor to detect a distance to the patient;
the control device is configured or programmed to detect the position and orientation of the trocar based on at least an image of the patient captured by the imager; the robotic surgical system further comprises an arm base to which the robot arm is attached; and the detector is arranged on the arm base.
E.G. {[0038]-[0040] & (Fig 1)}.
17.
The robotic surgical system according to claim 1, further comprising: a robot main body; and an arm base to which the robot arm is attached; wherein the detector includes an imager to image the patient and a distance sensor to detect a distance to the patient;
the imager is arranged on the arm base; the distance sensor is arranged adjacent to the imager on the arm base;
and the control device is configured or programmed to: detect the position and orientation of the trocar based on an image of the patient captured by the imager and the distance detected by the distance sensor after the robot main body is moved toward the patient based on an image captured by the imager;
and move the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. {[0038]-[0043] & (Fig 1)}.
18.
The robotic surgical system according to claim 1, further comprising: an arm base to which the robot arm is attached;
Wherein the detector includes an imager to image the patient and a distance sensor to
detect a distance to the patient;
the imager is arranged on the arm base;
the distance sensor is arranged adjacent to the imager on the arm base; the robot arm is a first robot arm; the robotic surgical system further comprises a second robot arm to which an endoscope is attached; and the control device is configured or programmed to move the surgical instrument mount of each of the first robot arm and the second robot arm toward the trocar based on the detected position and orientation of the trocar.
E.G. {[0030], [0038]-[0043] & (Fig 1)}.
19.
A surgical robot comprising: a robot arm including a surgical instrument mount to which a surgical instrument is attached;
E.G. via the disclosed instrument arm 6 of a laparoscopy robot 4 that holds an instrument 10 {[0037] & (Fig 1)].
a detector to detect a position and orientation of a trocar inserted into a patient; and
a control device;
E.G. via the disclosed spatial marker 26a that is applied to the trocar 14 and is tracked by a camera 28 in order to provide an alignment of the instrument that is intended to be at a predetermined distance 24 from said trocar 14 {[0039]-[0040] & (Fig 1)}.
wherein the control device is configured or programmed to: detect the position and orientation of the trocar based on a detection result of the detector;
E.G. via the disclosed spatial position of the trocar 14 in the room being determined based on the evaluation of the camera image 30, the spatial marker 26a and the image geometry and position of the of the camera ([0040]-[0041]).
and move the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. via the disclosed step of positioning the instrument arm 6 from the desired position to the actual spatial position P of the trocar {[0042] & (Fig 1)}.
20.
A control method for a robotic surgical system, the robotic surgical system including a robot arm including a surgical instrument mount to which a surgical instrument is attached, a detector to detect a position and orientation of a trocar inserted into a patient, and a control device, the control method comprising:
detecting the position and orientation of the trocar based on a detection result of
the detector; and moving the surgical instrument mount toward the trocar based on the detected position and orientation of the trocar.
E.G. {[0030], [0038]-[0043] & (Fig 1)}.
Conclusion
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