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.
Claims 1-10 are 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 "the table support element table" in line 9. There is insufficient antecedent basis for this limitation in the claim.
In order to provide an initial examination and search the examiner interprets the phrase “the table support element table” as -- the table support element.--
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 relied 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.
Claims 1-3, 7-14, 21, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Timm et al. (U.S. Patent Application Publication 2020/0405432).
Regarding claim 1, Timm et al. disclose a method for performing robotic surgery on a patient (“P,” see figure 4) lying on a surgical table (“Table Top,” see figure 4), said method comprising:
positioning a robotic surgical cart (“cart,” see [0051] and figure 4) adjacent to the surgical table;
elevating a table support element (642 “coupling member,” see [0057] and figure 6B, and alternate/equivalent counterparts in other embodiments) disposed on the robotic surgical cart to engage and to apply a controlled upward force to a structure on an underside of the surgical table to stabilize the surgical table (see [0057]); and
performing a surgical procedure (“surgical procedure,” see [0031]-[0035] for example) on the patient using one or more tools (each of the two, three, four, or more robotic arms has distal end portion 137 (also referred to herein as “operating end”) can include or have coupled thereto a medical instrument or tool 115,” see [0033], and [0035] for example) moved by at least one surgical robotic arm located on the mobile surgical robotic cart while said surgical table remains stabilized by the table support element.
Regarding claim 2, Timm et al. disclose the claimed invention including positioning the robotic surgical cart beneath the surgical table, wherein the table support element is elevated from an upper surface of the robotic surgical cart to engage the underside of the surgical table (see [0057]).
Regarding claim 3, Timm et al. disclose the claimed invention including positioning the robotic surgical cart adjacent to the surgical table, wherein the table support element is extended laterally from the robotic surgical cart and then elevated to engage the underside of the surgical table (see [0057] and figures 1A-20C).
Regarding claim 7, Timm et al. disclose the claimed invention including the table support element comprises a bar (the long bar-like portion of 642, see figure 6B) that extends laterally across the robotic surgical cart.
Regarding claim 8, Timm et al. disclose the claimed invention including the table support element comprises a plate (the long bar-like portion of 642, see figure 6) having an upper surface that is generally parallel to an upper surface of the robotic surgical cart.
Regarding claim 9, Timm et al. disclose the claimed invention including repositioning the surgical table during the robotic surgery, wherein a robotic surgical controller (for example “lever or button,” see [0086]) adjusts a position of the table support element to maintain the controlled upward force in a desired range.
Regarding claim 10, Timm et al. disclose the claimed invention including adjusting the position of the table support element comprises controlling a table support element driver with a robotic surgery controller disposed om the mobile surgical robotic cart (see [0086]).
Regarding claim 11, Timm et al. disclose a robotic surgical system configured to perform robotic surgery on a patient lying on a surgical table, said robotic surgical system comprising:
a mobile cart (“cart,” see [0051] and figure 4);
a first surgical robotic arm (a first of the two, three, four or more robotic arms 130/330, see [0035]) disposed on the chassis and configured to hold a first surgical tool;
a table support element (642 “coupling member,” see [0057] and figure 6B, and alternate/equivalent counterparts in other embodiments); and
a surgical robotic controller (“lever or button,” see [0086]), wherein said surgical robotic controller is configured to (a) kinematically position the first robotic arms in a surgical robotic coordinate space and (b) elevate the table support element to engage and to apply a controlled upward force to a structure on an underside of the surgical table to stabilize the surgical table (see [0086] and figures 1A-20C).
Regarding claim 12, Timm et al. disclose the claimed invention including the table support element is located on an upper surface of the mobile cart and configured to apply the controlled upward force to the structure on the underside of the surgical table when the mobile cart chassis is positioned beneath the surgical table (see figures 1A-20C).
Regarding claim 13, Timm et al. disclose the claimed invention including the table support element is located in a recessed region on the upper surface of the mobile cart (see figures 7A-20C).
Regarding claim 14, Timm et al. disclose the claimed invention including the table support element is configured to extend laterally from the mobile cart and to engage the underside of the surgical table when the mobile cart is positioned adjacent to the surgical table (see figures 6B-20C).
Regarding claim 21, Timm et al. disclose the claimed invention including
at least a second surgical robotic arm disposed on the mobile cart and configured to hold a second surgical tool (see [0033] and [0035]).
Regarding claim 23, Timm et al. disclose a method for performing robotic surgery on a patient (“P,” see figure 4) lying on a surgical table (“Table Top,” see figure 4), said method comprising:
positioning a mobile surgical robotic chassis (“cart,” see [0051] and figure 4) beneath the surgical table (see figure 4);
pressing an element (642 “coupling member,” see [0057] and figure 6B, and alternate/equivalent counterparts in other embodiments) on the chassis upwardly against a bottom of the bed to stabilize the surgical table; and
performing a surgical procedure (“surgical procedure,” see [0031]-[0035] for example) on the patient using one or more tools (each of the two, three, four, or more robotic arms has distal end portion 137 (also referred to herein as “operating end”) can include or have coupled thereto a medical instrument or tool 115,” see [0033], and [0035] for example) moved by surgical robotic arms located on the mobile surgical robotic chassis while said mobile surgical robotic chassis remains stabilized by the element.
Allowable Subject Matter
Claims 4-6, 15-20, and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: if the objected to claims 4-6, 15-20 and 22 are amended with their independent claims and any intervening claims those claims would distinguish over the prior art. Additionally, the prior art does not anticipate or provide a properly motivated combination making obvious the presently claimed invention as defined by said amended claims in their entirety.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON F ROANE/Primary Examiner, Art Unit 3792