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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art reli1ed upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Shelton IV (U.S. Patent No. 11424027).
In regards to claim 1, Shelton IV discloses a surgical robotic system comprising an instrument drive unit, a surgical instrument actuated by the instrument drive unit (Col. 81, lns. 33-43: "In one aspect, a current sensor 736 can be employed to measure the current drawn by each of the motors 704a-704e. The force required to advance any of the movable mechanical elements such as the I-beam 714 corresponds to the current drawn by one of the motors 704a-704e. The force is converted to a digital signal and provided to the control circuit 710. The control circuit 710 can be configured to simulate the response of the actual system of the instrument in the software of the controller. A displacement member can be actuated to move an I-beam 714 in the end effector 702 at or near a target velocity."), a laparoscopic camera (Col. 175, lns. 10-15: "As another example, if the control circuit receives data indicating that a laparoscope imaging device has been activated and an ultrasonic generator is subsequently activated, the control circuit can infer that the surgeon is on a laparoscopic dissection step of the surgical procedure due to the order in which the events occurred."), an image processing device coupled to the laparoscopic camera and operable in a plurality of imaging modes including a low visibility mode ((930) Col. 54, lns. 1-8: " In one aspect, the imaging device employs multi-spectrum monitoring to discriminate topography and underlying structures. A multi-spectral image is one that captures image data within specific wavelength ranges across the electromagnetic spectrum. The wavelengths may be separated by filters or by the use of instruments that are sensitive to particular wavelengths, including light from frequencies beyond the visible light range, e.g., IR and ultraviolet. Spectral imaging can allow extraction of additional information the human eye fails to capture with its receptors for red, green, and blue. "), a surgeon console including a handle controller receiving user input to move the surgical instrument ((2714) Col. 536, lns. 43-55: "The first sensor is configured to detect when the annular ring 1422 is rotated in the first direction and the second sensor is configured to detect when the annular ring 1422 is rotated in the second direction. When the first sensor detects that the annular ring 1422 is rotated in the first direction, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the first direction, as described in greater detail below. Similarly, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the second direction when the second sensor detects that the annular ring 1422 is rotated in the second direction."), and a controller operating the surgical instrument in a first operational mode while the low visibility mode is active and in a second operational mode while the low visibility mode is not active ((1682) Col. 240, lns. 49-55: "Although red, green, and blue laser sources may be used to illuminate the surgical site, it may be recognized that other wavelengths outside of visible light (such as in the infrared or ultraviolet regions) may be used to illuminate the surgical site for Doppler analysis. The imaging sensor information may be provided to the sterile field control and data input consoles 6700, 6702, 6708, 6712, 6714.").
In regards to claim 2, Shelton IV discloses that the laparoscopic camera is configured to capture white light and near infrared (NIR) light images ((1761) Col. 258, lns. 16-18: " FIG. 154 depicts schematically one example of instrumentation 2400 similar to instruments for the UV-visible and mid-IR ranges for NIR spectroscopy.").
In regards to claim 3, Shelton IV discloses that the low visibility mode is a monochromatic NIR mode ((1763) Col. 259, lns. 5-11: "An alternative to near infrared light to determine hemoglobin oxygenation would be the use of monochromatic red light to determine the red light absorbance characteristics of hemoglobin. The absorbance characteristics of red light having a central wavelength of about 660 nm by the hemoglobin may indicate if the hemoglobin is oxygenated (arterial blood) or deoxygenated (venous blood).").
In regards to claim 4, Shelton IV discloses a display screen configured to display a video captured by the laparoscopic camera and processed by the image processing device based on a selected imaging mode of the plurality of imaging modes ((922) Col. 53, lns. 2-8: "An image of the surgical site can be obtained by a medical imaging device 124, which can be manipulated by the patient side cart 120 to orient the imaging device 124. The robotic hub 122 can be used to process the images of the surgical site for subsequent display to the surgeon through the surgeon's console 118.").
In regards to claim 5, Shelton IV discloses that while the surgical instrument is in the first operational mode the controller is configured to prevent activation of the surgical instrument ((2865) Col. 590, lns. 20-23: "Further to the above, the strains and/or forces within the shaft shroud 215510 of the surgical instrument 215500 are measurable to control the operation of the surgical instrument 215500.", lns. 40-43: "Controlling the electric motors in this manner can prevent the surgical instrument 215500 from over-deflecting and/or breaking, especially when a part of the surgical instrument 215500 is articulating and/or rotating...").
In regards to claim 6, Shelton IV discloses that the activation of the surgical instrument includes at least one of supplying electrosurgical energy, ejecting staples, or advancing a knife ((1478) Col. 186, lns. 11-20: "The situational awareness system of the surgical hub 5104 is able to, for example, record data pertaining to the procedure for generating reports (e.g., see FIGS. 90-101), verify the steps being taken by the medical personnel, provide data or prompts (e.g., via a display screen) that may be pertinent for the particular procedural step, adjust modular devices 5102 based on the context (e.g., activate monitors, adjust the FOV of the medical imaging device, or change the energy level of an ultrasonic surgical instrument or RF electrosurgical instrument), and take any other such action described above.").
In regards to claim 7, Shelton IV discloses that the controller is further configured to output a prompt indicating activation of the surgical instrument was prevented ((2825) Col. 575, lns. 50-54: "The shaft 80020 further comprises a memory configured to store control programs which, when executed, prompt the processor to, among other things, command the motor controller 80028 to activate the motor 80015 at a pre-determined level.").
In regards to claim 8, Shelton IV discloses the surgical instrument is in the first operational mode, the controller is configured to switch from the low visibility mode to a default visibility imaging mode in response to a user input to move the surgical instrument ((1829) Col. 274, lns. 16-19: "In some additional examples, the parameter may be transmitted 2974 either directly or indirectly to the smart surgical instrument which may modify its operating characteristics in response to the tissue being manipulated.").
In regards to claim 9, Shelton IV discloses a method for controlling a surgical robotic system, the method comprising operating an image processing device coupled to a laparoscopic camera in a plurality of imaging modes including a low visibility mode ((930) Col. 54, lns. 1-8: " In one aspect, the imaging device employs multi-spectrum monitoring to discriminate topography and underlying structures. A multi-spectral image is one that captures image data within specific wavelength ranges across the electromagnetic spectrum. The wavelengths may be separated by filters or by the use of instruments that are sensitive to particular wavelengths, including light from frequencies beyond the visible light range, e.g., IR and ultraviolet. Spectral imaging can allow extraction of additional information the human eye fails to capture with its receptors for red, green, and blue."), receiving user input to move a surgical instrument at a surgeon console including a handle controller ((2714) Col. 536, lns. 43-55: "The first sensor is configured to detect when the annular ring 1422 is rotated in the first direction and the second sensor is configured to detect when the annular ring 1422 is rotated in the second direction. When the first sensor detects that the annular ring 1422 is rotated in the first direction, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the first direction, as described in greater detail below. Similarly, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the second direction when the second sensor detects that the annular ring 1422 is rotated in the second direction."), controlling the surgical instrument in a first operational mode while the low visibility mode is active, and controlling the surgical instrument in a second operational mode while the low visibility mode is not active ((1682) Col. 240, lns. 49-55: "Although red, green, and blue laser sources may be used to illuminate the surgical site, it may be recognized that other wavelengths outside of visible light (such as in the infrared or ultraviolet regions) may be used to illuminate the surgical site for Doppler analysis. The imaging sensor information may be provided to the sterile field control and data input consoles 6700, 6702, 6708, 6712, 6714.").
In regards to claim 10, Shelton IV discloses capturing white light and near infrared (NIR) light images at the laparoscopic camera ((1761) Col. 258, lns. 16-18: " FIG. 154 depicts schematically one example of instrumentation 2400 similar to instruments for the UV-visible and mid-IR ranges for NIR spectroscopy. ").
In regards to claim 11, Shelton IV discloses that the low visibility mode is a monochromatic NIR mode ((1763) Col. 259, lns. 5-11: "An alternative to near infrared light to determine hemoglobin oxygenation would be the use of monochromatic red light to determine the red light absorbance characteristics of hemoglobin. The absorbance characteristics of red light having a central wavelength of about 660 nm by the hemoglobin may indicate if the hemoglobin is oxygenated (arterial blood) or deoxygenated (venous blood).").
In regards to claim 12, Shelton IV discloses processing, by the image processing device, a video captured by the laparoscopic camera based on a selected imaging mode of the plurality of imaging modes and displaying the processed video on a display screen ((922) Col. 53, lns. 2-8: "An image of the surgical site can be obtained by a medical imaging device 124, which can be manipulated by the patient side cart 120 to orient the imaging device 124. The robotic hub 122 can be used to process the images of the surgical site for subsequent display to the surgeon through the surgeon's console 118.").
In regards to claim 13, Shelton IV discloses preventing activation of the surgical instrument while the surgical instrument is in the first operational mode ((2865) Col. 590, lns. 20-23: "Further to the above, the strains and/or forces within the shaft shroud 215510 of the surgical instrument 215500 are measurable to control the operation of the surgical instrument 215500.", lns. 40-43: "Controlling the electric motors in this manner can prevent the surgical instrument 215500 from over-deflecting and/or breaking, especially when a part of the surgical instrument 215500 is articulating and/or rotating...").
In regards to claim 14, Shelton IV discloses that the activation of the surgical instrument includes at least one of supplying electrosurgical energy, ejecting staples, or advancing a knife ((1478) Col. 186, lns. 11-20: "The situational awareness system of the surgical hub 5104 is able to, for example, record data pertaining to the procedure for generating reports (e.g., see FIGS. 90-101), verify the steps being taken by the medical personnel, provide data or prompts (e.g., via a display screen) that may be pertinent for the particular procedural step, adjust modular devices 5102 based on the context (e.g., activate monitors, adjust the FOV of the medical imaging device, or change the energy level of an ultrasonic surgical instrument or RF electrosurgical instrument), and take any other such action described above.").
In regards to claim 15, Shelton IV discloses displaying a prompt indicating activation of the surgical instrument was prevented ((2825) Col. 575, lns. 50-54: "The shaft 80020 further comprises a memory configured to store control programs which, when executed, prompt the processor to, among other things, command the motor controller 80028 to activate the motor 80015 at a pre-determined level.").
In regards to claim 16, Shelton IV discloses automatically switching from the low visibility mode to a default visibility imaging mode in response to the user input to move the surgical instrument while the surgical instrument is in the first operational mode ((1829) Col. 274, lns. 16-19: "In some additional examples, the parameter may be transmitted 2974 either directly or indirectly to the smart surgical instrument which may modify its operating characteristics in response to the tissue being manipulated.").
In regards to claim 17, Shelton IV discloses a method for controlling a surgical robotic system, the method comprising capturing images using a laparoscopic camera, processing the images at an image processing device using a low visibility mode ((930) Col. 54, lns. 1-8: " In one aspect, the imaging device employs multi-spectrum monitoring to discriminate topography and underlying structures. A multi-spectral image is one that captures image data within specific wavelength ranges across the electromagnetic spectrum. The wavelengths may be separated by filters or by the use of instruments that are sensitive to particular wavelengths, including light from frequencies beyond the visible light range, e.g., IR and ultraviolet. Spectral imaging can allow extraction of additional information the human eye fails to capture with its receptors for red, green, and blue."), controlling a surgical robotic instrument in a first operational mode while the low visibility mode is active during which the surgical robotic instrument is prevented from being activated, and controlling the surgical robotic instrument in a second operational mode while the low visibility mode is not active, during which the surgical robotic instrument is movable and activatable to perform at least one function ((1682) Col. 240, lns. 49-55: "Although red, green, and blue laser sources may be used to illuminate the surgical site, it may be recognized that other wavelengths outside of visible light (such as in the infrared or ultraviolet regions) may be used to illuminate the surgical site for Doppler analysis. The imaging sensor information may be provided to the sterile field control and data input consoles 6700, 6702, 6708, 6712, 6714.").
In regards to claim 18, Shelton IV discloses receiving user input to move the surgical robotic instrument at a surgeon console including a handle controller ((2714) Col. 536, lns. 43-55: "The first sensor is configured to detect when the annular ring 1422 is rotated in the first direction and the second sensor is configured to detect when the annular ring 1422 is rotated in the second direction. When the first sensor detects that the annular ring 1422 is rotated in the first direction, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the first direction, as described in greater detail below. Similarly, the handle control system 1800 rotates the handle drive shaft 1710, the drive shaft 2710, and the end effector 7000 in the second direction when the second sensor detects that the annular ring 1422 is rotated in the second direction.").
In regards to claim 19, Shelton IV discloses capturing white light and near infrared (NIR) light images at the laparoscopic camera, wherein the low visibility mode is a monochromatic NIR mode ((1761) Col. 258, lns. 16-18: " FIG. 154 depicts schematically one example of instrumentation 2400 similar to instruments for the UV-visible and mid-IR ranges for NIR spectroscopy. ", (1763) Col. 259, lns. 5-11: "An alternative to near infrared light to determine hemoglobin oxygenation would be the use of monochromatic red light to determine the red light absorbance characteristics of hemoglobin. The absorbance characteristics of red light having a central wavelength of about 660 nm by the hemoglobin may indicate if the hemoglobin is oxygenated (arterial blood) or deoxygenated (venous blood).").
In regards to claim 20, Shelton IV discloses that the at least one function is selected from the group consisting of supplying electrosurgical energy, ejecting staples, and advancing a knife ((1478) Col. 186, lns. 11-20: "The situational awareness system of the surgical hub 5104 is able to, for example, record data pertaining to the procedure for generating reports (e.g., see FIGS. 90-101), verify the steps being taken by the medical personnel, provide data or prompts (e.g., via a display screen) that may be pertinent for the particular procedural step, adjust modular devices 5102 based on the context (e.g., activate monitors, adjust the FOV of the medical imaging device, or change the energy level of an ultrasonic surgical instrument or RF electrosurgical instrument), and take any other such action described above.").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm.
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/B.M.L./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796