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 .
Election
Applicants’ election of claims 1-13 is acknowledged and made final. Claims 14-15 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/10/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Desai (US 20200316778) in view of Lynch (US 20190008599).
Regarding claim 1, Desai discloses a method (FIG. 1) of driving a surgical instrument, the method comprising:
generating manipulation information (Note that movement of the hand/finger is used in calculation of movement of the surgical instrument; para [0024]) related to a motion of a user (The system translates the surgeon's hand, wrist, and finger movements through the master user input devices (UIDs) 116 into precise real-time movements of the surgical tools. Para [0024]) for driving the surgical instrument; and
calculating first driving information (Since the movement of the tools/instruments are controlled by using user inputs in real time, para [0014], [0015], the driving information for the tools are calculated and used.) based on the manipulation information.
Desai does not expressly disclose determining a presence of a risk associated with a motion of the surgical instrument based on the first driving information; and driving the surgical instrument based on a result of the determining the presence of the risk.
Lynch is directed to a system and method for rapid halt and recovery of motion deviations in a medical device including a computer-assisted medical device (abstract) and teaches determining a presence of a risk (risk is determined based on threshold movements of the arm or end effectors; Para [0055]) associated with a motion of the surgical instrument based on the first driving information; and
driving the surgical instrument is based on a result of the determining the presence of the risk (When the deviation between the actual kinematics/movement and desired kinematics/movement is not above a threshold, the motion of the end effector continues until the deviation in the motion is greater than threshold. FIG. 3; Para [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Desai to include risk determination during maneuvering of the tools in accordance with the teaching of Lynch so that risk of injury to the patient by collision or risky movements of the tools during surgery could be minimized (Para [0055] of Lynch).
Regarding claim 2, Desai discloses wherein the generating of the manipulation information includes generating the manipulation information based on position and orientation information of a member (Master UIDs 116, FIG. 1, are used in determining movements of the surgical tools; para [0024]) that allows the user to manipulate a position and a function of the surgical instrument.
Regarding claim 3, Desai discloses wherein the calculating the first driving information comprises:
calculating intermediate driving information (Driving information corresponding to the motion of the tool can be considered as intermediate driving information. Para [0024]) based on the manipulation information and a transformation relationship between the motion of the user and the motion of the surgical instrument (Since the motion of hand/finger is translated into the motion of the tool, a calculation/transformation for determining the motion of the tool from the hand or finger movement of the surgeon is utilized, para [0024], which is the transformation relationship.).
Desai does not expressly disclose calculating the first driving information based on the intermediate driving information and a preset transformation ratio of the motion of the user to the motion of the surgical instrument.
Lynch teaches calculating the first driving information based on an intermediate driving information and a preset transformation ratio (threshold element for deciding motion or halt; FIG. 3; Para [0055]) of the motion of the user to the motion of the surgical instrument (When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is not above the threshold, control of the motion of the end effector continues. When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is above the threshold, halting of one or more repositionable arms and a recovery process begins. FIG. 3; Para [0055]- [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Desai to include a threshold value for deciding motion in accordance with the teaching of Lynch so that movement of the tools could be determined based on a threshold vale for enhanced safety of the patient during surgery.
Regarding claim 4, Desai as modified, teaches wherein
the calculating the intermediate driving information comprises:
calculating intermediate position information (Lynch: When the threshold value is used to determine continue motion or halt motion. The calculated motion corresponding to below threshold value can be intermediate position information. FIG. 3) of the surgical instrument based on a transformation relationship between a member (Desai: Master UIDs 116, FIG. 1, are used in determining movements of the surgical tools; para [0024]), which allows the user to manipulate a position and a function of the surgical instrument (Use of Master UIDs 116, FIG. 1), and a camera attached to the surgical instrument (An attached camera to the surgical instrument would automatically move. Camera is not positively recited in the claim.);
calculating intermediate orientation information of the surgical instrument based on a transformation relationship between the member and the surgical instrument (Lynch: When the threshold is used to determine continue motion or halt motion. The calculated motion corresponding to below threshold value can be intermediate position information. Position and orientation are determined by comparing with the threshold value. Para [0054]- [0057]; and
generating the intermediate driving information using the intermediate position information of the surgical instrument and the intermediate orientation information of the surgical instrument (Lynch: When the threshold is used to determine continue motion or halt motion. The calculated motion corresponding to value below threshold can be intermediate position information. Position and orientation are determined in comparison with the threshold value. FIG. 3; Para [0054]- [0057]).
Regarding claim 5, Desai as modified, teaches wherein
the calculating the first driving information comprises:
calculating position information of the surgical instrument based on intermediate position information of the surgical instrument included in the intermediate driving information and a preset position transformation ratio (Lynch: When the threshold is used to determine continue motion or halt motion, the movement of the tool/surgical instrument is compared with the threshold value. Desai: The tool/surgical instrument movement include both position and orientation of the instruments. Para [0024], [0027]);
calculating orientation information of the surgical instrument based on intermediate orientation information of the surgical instrument included in the intermediate driving information and a preset orientation transformation ratio (Lynch: When the threshold is used to determine continue motion or halt motion, the movement of the tool/surgical instrument is compared with the threshold value. Desai: The tool/surgical instrument movement include both position and orientation of the instruments. Para [0024], [0027]); and
generating the first driving information using the position information of the surgical instrument and the orientation information of the surgical instrument (Lynch: When the threshold is used to determine continue motion or halt motion. The calculated motion corresponding to below threshold value can be intermediate position information and calculated motion above threshold can be first driving information. Lynch: During calculation, the system would compute various driving information as the Master UID (of Desai), is moved to move instruments. Position and orientation are determined in comparison with the threshold value while determining motion. Para [0054]- [0057]).
Regarding claim 6, Desai as modified, teaches wherein the determining the presence of the risk comprises determining the presence of the risk based on at least one of whether a range of the motion of the surgical instrument has exceeded a preset threshold value (Lynch: A threshold is used to determine risk and decide motion. When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is not above the threshold, control of the motion of the end effector continues FIG. 3. When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is above the threshold, halting of one or more repositionable arms and a recovery process begins with a process 350. Para [0055]- [0056]) and whether the surgical instrument corresponds to a preset singularity region (Lynch: A threshold may be a single value applicable for all of the kinematic or dynamic values or comprise a vector or matrix of threshold elements corresponding to the kinematic and/or dynamic values. Para [0055]- [0056]; A preset singularity region has not been defined in the claim.).
Regarding claim 7, Desai as modified, teaches wherein when the presence of the risk is determined based on the range of the motion of the surgical instrument (Lynch: threshold value may be selected based on acceptable clinical deviations allowed before risk to injury of the patient is considered too high. Para [0055]), the determining the presence of the risk comprises:
calculating expected driving information (Lynch: Threshold value may be selected based on acceptable clinical deviations allowed before risk to injury of the patient is considered too high. Para [0055]) based on initial driving information of the surgical instrument and motion range information of the surgical instrument (Lynch: deviations include motion rage; para [0050]);
calculating reference driving information based on the motion range information (Lynch: threshold values; para [0056]-[0057]); and determining the presence of the risk (Lynch: Threshold value provides reference for risk ) associated with the range of motion of the surgical instrument based on the expected driving information (Lynch: Threshold may be selected based on acceptable clinical deviations allowed before risk to injury of the patient is considered too high. Para [0055]), the motion range information (Lynch: acceptable clinical deviations), and the first driving information (Lynch: Threshold may be elected based on acceptable clinical deviations allowed before risk to injury of the patient is considered too high. Para [0055]; First driving can be considered as the motion information used before using the threshold for halt or continue motion determination. Only those end effectors and/or repositionable arms which have a deviation in kinematics and/or dynamics above the threshold are optionally halted, and the others are allowed to continue motion. Para [0056]).
Regarding claim 8, Desai as modified, teaches wherein when the presence of the risk is determined based on the preset singularity region (Lynch: A threshold may be a single value applicable for all of the kinematic or dynamic values, or comprise a vector or matrix of threshold elements corresponding to the kinematic and/or dynamic values. Para [0055]- [0056]; A preset singularity region has not been defined in the claim.), the determining the presence of the risk comprises:
calculating manipulability information related to the first driving information and manipulability information related to the preset singularity region based on the first driving information (Lynch: A threshold is used to determine risk and decide motion. Threshold is determined based on the previous driving information which indicates that manipulability information related to the first driving information and manipulability information related to the preset singularity region is calculated based on the first driving information.); and
determining the presence of the risk associated with the preset singularity region of the surgical instrument based on the manipulability information related to the first driving information and the manipulability information related to the preset singularity region (Lynch: The threshold may be selected based on acceptable clinical deviations allowed before risk to injury of the patient is considered too high. Para [0055]; The threshold risk calculation is based on the movement of the instruments. This is also based on the manipulability information related to the preset singularity region because thus is related to threshold value. A preset singularity region has not been defined in the claim.).
Regarding claim 9, Desai as modified, teaches updating the first driving information based on the result of determining the presence of the risk (Lynch: risk is determined based on threshold movements of the arm or end effectors; Para [0055]; based on the threshold value the motion of one or more repositionable arms is halted. Para [0056]).
Regarding claim 10, Desai as modified, teaches wherein the updating the first driving information comprises updating the first driving information based on motion range information of the surgical instrument (Lynch: risk is determined based on threshold movements of the arm or end effectors; Para [0055]; based on the threshold value the motion of one or more repositionable arms is halted. Para [0056]; The threshold is chosen to be larger than expected errors in determining the actual kinematic and/or dynamic values which indicates that a motion range information of the surgical instrument is used.).
Regarding claim 11, Desai as modified, teaches wherein the updating the first driving information comprises:
generating compensation driving information based on initial driving information of the
surgical instrument, the first driving information, and vector information related to a singularity region (Lynch: Compensation is applied based on gravity which would automatically include updating first driving information and initial driving information. Para [0067]; A preset singularity region has not been defined in the claim.); and
updating the first driving information based on the initial driving information of the surgical instrument, the first driving information, manipulability information related to the first driving information (Lynch: Since gravity is used, all of the first driving information, initial driving information and manipulability information related to the first driving information are automatically updated), manipulability information related to the singularity region (Lynch: Compensating for motion deviations in the teleoperated repositionable arms and/or end effectors are performed, this includes updating values for threshold determination for risk determination; A singularity region has not been defined in the claim.), and the compensation driving information (Lynch: Para [0067]).
Regarding claim 12, Desai as modified, teaches wherein the updating the first driving information comprises updating the first driving information by changing only orientation information of the surgical instrument included in the first driving information (Para [0033]).
Regarding claim 13, Desai as modified, teaches wherein the driving the surgical instrument comprises: calculating second driving information based on the first driving information; and driving the surgical instrument based on the second driving information (Lynch: When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is not above the threshold, control of the motion of the end effector continues; FIG. 3. When the deviation between the actual kinematics and/or dynamics and the desired kinematics and/or dynamics is above the threshold, halting of one or more repositionable arms and a recovery process begins with a process 350. Para [0055]- [0056]; The threshold determination includes the use of the movement of the surgical instruments. This can be considered as the first driving information. After comparing the first driving information with the threshold, the next driving is determined which can be the second driving information.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached on 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
9/22/26
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