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.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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. Claim 1 recites the limitation “determine a vertical position of the hand controller within the input device workspace” in line 11. However, Applicant’s specification and drawings teach the hand controller 11 and the input device 110 shown in Figure 2 are separate structures. It is not clear from the claim or the specification that the hand controller is within the input workspace. Therefore, this limitation renders claim 1 and dependent claims 2-20 thereof. Appropriate correction is required.
Claim 30 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
The term “proximate” in claim 30 line 6 is a relative term which renders the claim indefinite. The term “the input device workspace is proximate the predefined vertical position” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, this limitation further renders the claim indefinite. Appropriate correction is required.
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 therefore, subject to the conditions and requirements of this title.
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 therefore, 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.
Claim 31 is 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). Claim 31 recites the apparatus of claim 27, wherein the initialization position comprises the user’s hand grasping the hand controller in one of : a position with the user’s wrist resting on the user’s knee … ; a position with the user’s arm held outstretched in a generally horizontally orientation. Thus, claim 1 positively recites a human organism that is excluded from the scope of patentable subject matter.
Claim 36 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
The term “average user” in claim 36 line 6 is a relative term which renders the claim indefinite. The term “height determined to be suitable for an average user” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, this limitation further renders the claim indefinite. Appropriate corrections are required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pat. No. 10,820,955 discloses a robotic surgery system workstation comprising” a base; a column mounted on the base; a platform mounted on the column, the platform configured to move vertically with respect to the base; a hand controller mounted on the platform and configured to control movements of a surgical instrument, the hand controller comprising a right hand controller configured to receive input from right hand of a user and a left hand controller configured to receive input from left hand of the user; an actuator configured to move the platform vertically; and a processor circuitry configured to: receive, from the user, input indicative of a desired ergonomic height of at least one of left or right hand controllers; determine the desired ergonomic height based on a vertical position of the at least one of the left or right hand controllers being positioned at an initialization position; and cause the actuator to move the platform to position the at least one of the left or right hand controllers at the desired ergonomic height.
Herman et al., Pub. No. 2010/0185211, discloses a hybrid manual-robotic system and methods of use for supporting and moving surgical instruments, the system comprising a base, a column mounted on the base, a platform/ped 150 mounted on the base and configured to move vertically with respect to the base (see Fig. 7, and Pars. 0061, 0719), an actuator/motors system adapted of vertically move the platform up/down with respect to the base (see Par. 0120). The system comprises a computer/central control system comprising a hand controller/input device configured to control movement of structures of the surgical system, including vertical movement of the platform, in response to an input signal from a hand controller/input device, and
determining a vertical position of the hand controller within the a hand controller/input device workspace for an input signal received from the input device while 4 seated user's hand is grasping the hand controller in an initialization position defined with respect to the users body; determining a user ergonomic height of the input device based on the vertical position of the hand controller at the initialization position; and causing a platform of the workstation on which the input device is mounted lo move vertically with respect in a base of the workstation to position the input device al the user ergonomic height.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M FARAH whose telephone number is (571)272-4765. The examiner can normally be reached Mon - Fri. 9:30AM -10:30 PM.
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/AHMED M FARAH/Primary Examiner, Art Unit 3792
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