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 .
1. This application has been examined. Claims 52-55 are pending.
2. The nonstatutory double patenting rejection is based on a judicially created
doctrine grounded in public policy (a policy reflected in the statute) so as to
prevent the unjustified or improper timewise extension of the “right to exclude”
granted by a patent and to prevent possible harassment by multiple assignees. See
In re Goodman, 11F.3d 1046, 29 USPQ2d 2010 (Fed.Cir. 1993); In re Longi, 759
F.2d 887, 225 USPQ 645 (Fed.Cir. 1985); In re Van Ornum, 686 F.2d 937, 214
USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321© may
be used to overcome an actual or provisional rejection based on a nonstatutory
double patenting ground provided the conflicting application or patent is shown to
be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign
a terminal disclaimer. A terminal disclaimer signed by the assignee must fully
comply with 37 CFR 3.73(b).
Claims 52, and 55, are rejected on the ground of nonstatutory double
patenting as being unpatentable over claim 1 of U.S. Patent No. 11076923 (refers
as ‘923). Although the claims at issue are not identical, they are not patentably
distinct from each other because subject matters of the invention defined in claims
52 and 55 in 18/741357 would have been obvious over claim 1 of (923). Claim 1
of (‘923) obvious have all the limitations of claims 52 and 55 of current
application.
Claims 53-54, are rejected on the ground of nonstatutory double patenting as
being unpatentable over claim 8 of U.S. Patent No. 11076923 (refers as ‘923).
Although the claims at issue are not identical, they are not patentably distinct from
each other because subject matters of the invention defined in claims 53-54 in
18/741357 would have been obvious over claim 8 of (‘923). Claim 8 of (‘923)
obvious have all the limitations of claims 53-54 of current application.
Claims 52-55, are rejected on the ground of nonstatutory double patenting as
being unpatentable over claim 1 of U.S. Patent No. 10292777 (refers as ‘777).
Although the claims at issue are not identical, they are not patentably distinct from
each other because subject matters of the invention defined in claims 52-55 in
18/741357 would have been obvious over claim 1 of (‘777). Claim 1 of (‘777)
obvious have all the limitations of claims 52-55 of current application.
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)(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 52-55, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kostrzewski et al. (US 2018/0021096 A1).
As per claim 52, Kostrzewski et al. disclose a device comprising at least one
controller, a processor, end effector (see at least [0089-0091] disclose surgical
robot 304 includes an actuator 318 that controls movement of robotic arm 310 and
position the end effector 314 according to commands received from computing
system 302 of surgical system 300. Computing system 302 may include more than
one processor), and at least one sensor assembly (see at least [0102] disclose the
manipulator 320 comprises one or more sensors configured to detect a presence of
a surgeon’s hand in proximity to the sterile handle; also para. [0116-0118] disclose
the force/torque sensor may be attached to a flange on the robot 406 and measures
the forces and torques applied to the tool) wherein: the at least one controller is
operatively connected to the at least one sensor assembly (see at least [0116] disclose the forces and torques measurements are transmitted to a force control box
408. In some implementations, the force control box 408 converts the analog data
into digitized data and transmits them to the controller 412; also para. [0094-0095],
and [0112]); the processor is operatively connected to the at least one controller,
the at least one sensor assembly, and the end effector (see at least [0089-0091]
disclose surgical robot 304 includes an actuator 318 that controls movement of
robotic arm 310 and position the end effector 314 according to commands received
from computing system 302 of surgical system 300. Computing system 302 may
include more than one processor); the at least one sensor assembly is configured to
receive one or more inputs from the controller and send one or more outputs to the
processor (see at least [0116-0118] disclose the force/torque sensor may be
attached to a flange on the robot 406 and measures the forces and torques applied
to the tool; the forces and torques measurements are transmitted to a force control
box 408; also para. [0094-0095] disclose a robot controller that is responsible for
robot related tasks, e.g., force control, arm configuration control, etc, and a
processor for navigation related tasks); and the processor provides a rotational
output command, a translational output command, or both, to the end effector (see
at least [0101-0105] disclose a user may select to enter a translation mode,
positioning mode, axis rotation mode, axis insertion mode to enable rotate or
translations of the end effector).
As per claim 53, Kostrzewski et al. disclose at least one switch, wherein the
at least one switch is operatively connected to the processor, and wherein the at
least one switch controls the rotational output command, the translational output
command, or both (see at least [0103-0105] disclose a switch 322, a user may need
to select an enabling button to enter a translation or rotational mode to enable
rotational or translational to the end effector).
As per claim 54, Kostrzewski et al. disclose the at least one switch is
configured to select one of the rotational command and the translation command
both (see at least [0103-0105] disclose a switch 322, a user may need to select an
enabling button to enter a translation or rotational mode to enable rotational or
translational to the end effector).
As per claim 55, Kostrzewski et al. disclose the end effector is configured to
rotate about a fixed point of rotation positioned at or approximately at the tip of the
end effector (see at least [0107-0108] disclose in axis rotation mode an operator
may rotate the end effector around a specific axis or point).
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure:
. Blumenkranz et al. (6246200)
. Morley et al. (6902560)
. Prisco et al. (7689320)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALENA TRAN whose telephone number is (571)272-6968. The examiner can normally be reached M-F 7AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ADAM MOTT can be reached at 571-270-5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DALENA TRAN/ Primary Examiner, Art Unit 3657