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 .
Status of Claims
Claims 1-23 are pending and are currently under consideration for patentability under 37 CFR 1.104.
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- 23 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.
Regarding claims 1, 12, and 23, the limitation “a pose of a point of the endoscope based on a first location of a first point and a second location of a second point” is unclear. It is unclear how a pose of a point (a single point) be based on two (or more) points. It is unclear if the point is one point or multiple points. Dependent claims 2-11 and 13-22 are rejected due to their dependency on claims 1 and 12.
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)(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.
Claim(s) 1, 10-12, and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rogers (US 2013/0267964).
Regarding claim 1, Rogers discloses an endoscopic system (see figures 1) comprising: an endoscope support (212, figure 2b) configured to hold an endoscope (218, figure 2b | flexible shaft camera [0141]), the endoscope comprising a shaft (see shaft of 218, figure 2b) and an image capturer (CMOS image sensor [0141]; Rogers) positioned at a distal end of the shaft (distal end…[0141]), the image capturer configured to capture an image (imaging system [0141]); a cannula support (216, figures 2) configured to hold a cannula (214, figure 2b), wherein the image capturer is insertable through the cannula (see figure 2b); and a controller (control system [0174]) comprising a processor (data processing unit [0193]), the controller configured to determine a pose of a point of the endoscope based on a first location of a first point (flexible instrument…location on…[0181]) and a second location of a second point (amount of displacement and the location with reference to the cannula’s distal section [0181]), the first point being of the endoscope and the second point being of the cannula ([0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Regarding claim 10, Rogers further discloses a robotic arm (see 202, figure 2a) configured to move both the endoscope support and the cannula support (see figure 2a)
Regarding claim 11, Rogers further discloses a first robotic arm (see 210-212, figures 2a-b) configured to move the endoscope support and a second robotic arm (see arm that holds 216, figures 2a-b) configured to move the cannula support.
Regarding claim 12, Rogers discloses a method for operating an endoscopic system (see figures 1), the endoscopic system comprising: an endoscope support (212, figure 2b) configured to hold an endoscope (218, figure 2b | flexible shaft camera [0141]), the endoscope comprising a shaft (see shaft of 218, figure 2b) and an image capturer (CMOS image sensor [0141]; Rogers) positioned at a distal end of the shaft (distal end…[0141]), the image capturer configured to capture an image (imaging system [0141]) and a cannula support (216, figure 2) configured to hold a cannula (214, figure 2b), wherein the image capturer is insertable through the cannula (see figure 2b); and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point (flexible instrument…location on…[0181]) and a second location of a second point (amount of displacement and the location with reference to the cannula’s distal section [0181]), the first point being of the endoscope ([0181]) and the second point being of the cannula ([0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Regarding claim 21, Rogers further discloses a robotic arm (see 202, figure 2a) configured to move both the endoscope support and the cannula support (see figure 2a).
Regarding claim 22, Rogers further discloses a first robotic arm (see 210-212, figures 2a-b) configured to move the endoscope support and a second robotic arm (see arm that holds 216, figures 2a-b) configured to move the cannula support.
Regarding claim 23, Rogers discloses a non-transitory machine-readable medium comprising a plurality of machine-readable instructions (see figure 23) which when executed by one or more hardware processors (processing unit [0193]) are adapted to cause the one or more hardware processors to perform a method of operating an endoscopic system (see figure 1a), the endoscopic system comprising: an endoscope support (212, figure 2b) configured to hold an endoscope (218, figure 2b | flexible shaft camera [0141]), the endoscope comprising a shaft (see shaft of 218, figure 2b) and an image capturer positioned at a distal end of the shaft ([0141]), the image capturer configured to capture an image ([0141]) and a cannula support (216, figures 2) configured to hold a cannula (214, figure 2b), wherein the image capturer is insertable through the cannula (see figure 2a-b); and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point (flexible instrument…location on…[0181]) and a second location of a second point (amount of displacement and the location with reference to the cannula’s distal section [0181]), the first point being of the endoscope and the second point being of the cannula, wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
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) 1-10, 12-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Roelle (US 2011/0319714), in view of Rogers (US 2013/0267964).
Regarding claim 1, Roelle discloses an endoscopic system (figure 19) comprising: an endoscope support (see 16, figure 19) configured to hold an endoscope (18, figure 19-20), the endoscope comprising a shaft (see shaft of 18, figure 20); a cannula support (proximal end of 30, figures 21-22) configured to hold a cannula (see 30, figure 21), wherein the endoscope is insertable through the cannula (see figures 21-22); and a controller (a controller [0136] | see figure 34 and [0164]) comprising a processor (controls system flow [0164]), the controller configured to determine a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136] | interpreted the detector 15 to be at the proximal end of the endoscope, which coincides with being on/of the cannula, and the diffraction gratings can be points on or along the endoscope), the first point being of the endoscope (see d1-d4, figures 13-14) and the second point being of the cannula (see 15, figures 13-14), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | geometric configuration [0136]; shape…feedback [0235]; see figure 1c). Roelle is silent regarding an image capturer positioned at a distal end of the shaft, the image capturer configured to capture an image; wherein the image capturer is insertable through the cannula.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Roelle to have a distal end imaging system in the endoscope as taught by Rogers ([0141]). Doing so would provide imaging capabilities for the endoscope at the distal end ([0141]). The modified system would have an image capturer (CMOS image sensor [0141]; Rogers) positioned at a distal end of the shaft (distal end…[0141]; Rogers), the image capturer configured to capture an image (imaging system [0141]); wherein the image capturer is insertable through the cannula (see figures 21-22; Roelle).
Regarding claim 2, Roelle further discloses the shaft comprises a major axis (see axis of bending 11, figures 6-7; Roelle); a portion of the shaft is flexible in a direction orthogonal to the major axis (best seen in figures 3); the shaft is of sufficient stiffness to overcome friction of the cannula in a direction along the major axis and in roll about the major axis (see figures 21-23 | coaxially coupled…[0147]); and to determine the pose of the point of the endoscope, the controller is configured to determine a flexure of the shaft (geometric configuration [0136]; shape…feedback [0235]; see figure 1c).
Regarding claim 3, Roelle further discloses the endoscope support comprises: a spar (interpreted as a piece to support rigging | see 16, figure 23; Roelle); and a carriage (240, figure 24) configured to move along the spar and to hold the endoscope.
Regarding claim 4, Roelle further discloses the pose of the point of the endoscope has a third location in a surgical space and a first orientation in the surgical space (see 112b rejection above | Orientation information…[0165]); the surgical space is a Cartesian space having an axis pointing toward a third point (Cartesian coordinate system…given coordinate axis or system [0165]), the third point within a patient (taken from one or more points along the shapeable instrument [0212] | the point could be taken when in the patient); the first location is in an endoscope space having an origin location and an origin orientation relative to the endoscope (taken from one or more points along the shapeable instrument [0212] | the point could be taken at the first location in the endoscope); the second location is in a cannula space having an origin location and an origin orientation relative to the cannula (taken from one or more points along the shapeable instrument [0212] | the point could be taken at the proximal end of the endoscope, which coincides with being on/of the cannula – see above --; also, point on the robotic control system, like the sheath [0212]); and to determine the pose of the point of the endoscope (shape measurement…[0212]), the controller is configured to: transform the first location into the surgical space (X-Y-Z coordinates…orientation information…[0212]); and transform the second location into the surgical space (X-Y-Z coordinates…orientation information…[0212]).
Regarding claim 5, Roelle further discloses the controller is further configured to: receive an input to change a view of the image capturer (see figure 1b; configured to coordinate and drive…precise steering or bending [0125]; Roelle); and generate, using the pose, commands to move the distal end of the endoscope to change the view of the image capturer in accordance with the input (figure 1b-1c), wherein the commands to move the distal end of the endoscope are configured to move a proximal end of the endoscope and to not move the cannula (proximal end of endoscope 18 can be withdrawn on the track, see figure 23).
Regarding claim 6, Roelle further discloses the shaft comprises a flexible portion (best seen with figure 3; Roelle); and the commands to move the distal end of the endoscope comprise commands to move the flexible portion of the shaft through a passage of the cannula (see track on 16 that can move 18, figure 23), the passage having a fixed curve (steerable sheath instrument 30 [0149] | sheath may be steered and maintained to be curved).
Regarding claim 7, Roelle further discloses the controller is further configured to: receive an input to move a proximal end of the endoscope based on a user pushing the proximal end of the endoscope (tracking of shape…instrument is manually advanced [0244]; Roelle); and generate, using the pose, commands to move the proximal end of the endoscope (see 112b rejection above | see figure 1b-1c).
Regarding claim 8, Roelle further discloses the cannula comprises a second major axis (see major/longitudinal axis of 30, figure 21; Roelle); the shaft comprises a flexible portion (steerable sheath instrument 30 [0149]); and the controller is further configured to receive an input to move a proximal end of the endoscope (see figure 1b; configured to coordinate and drive…precise steering or bending [0125]; Roelle), and generate, using the pose, commands to move the proximal end by flexing the flexible portion (see figures 1b-1c).
Regarding claim 9, Roelle further discloses the controller is further configured to: receive an input to move the cannula (steerable sheath 30 [0149]; Roelle); in response to receiving the input, generate commands to move the cannula and to move the endoscope with the cannula while maintaining a view of the image capturer (see figures 1b-1c | the view of the image capturer may be maintain depending on how the cannula and endoscope are moved).
Regarding claim 10, Roelle further discloses a robotic arm (see 274, figure 24; Roelle) configured to move both the endoscope support and the cannula support (rotation…[0151]).
Regarding claim 12, Roelle discloses a method for operating an endoscopic system (figure 19), the endoscopic system comprising: an endoscope support (see 16, figure 19) configured to hold an endoscope (18, figures 19-20), the endoscope comprising a shaft (see shaft of 18, figure 20), a cannula support ( proximal end of 30, figures 21-22) configured to hold a cannula (30, figure 21), wherein the endoscope is insertable through the cannula (see figures 21-22); and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136] | interpreted the detector 15 to be at the proximal end of the endoscope, which coincides with being on/of the cannula, and the diffraction gratings can be points on or along the endoscope), the first point being of the endoscope (see d1-d4, figures 13-14) and the second point being of the cannula (see 15, figures 13-14), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | geometric configuration [0136]; shape…feedback [0235]; see figure 1c). Roelle is silent regarding an image capturer positioned at a distal end of the shaft; the image capturer configured to capture an image; the image capturer is insertable through the cannula.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Roelle to use a distal end imaging system in the endoscope as taught by Rogers ([0141]). Doing so would provide imaging capabilities for the endoscope at the distal end ([0141]). The modified method would comprise an image capturer (CMOS image sensor [0141]; Rogers) positioned at a distal end of the shaft (distal end…[0141]; Rogers); the image capturer configured to capture an image (imaging system [0141]); the image capturer is insertable through the cannula (see figures 21-22; Roelle).
Regarding claim 13, Roelle further discloses the shaft comprises a major axis (see axis of bending 11, figures 6-7; Roelle); a portion of the shaft is flexible in a direction orthogonal to the major axis (best seen in figures 3); the shaft is of sufficient stiffness to overcome friction of the cannula in a direction along the major axis and in roll about the major axis (see figures 21-23 | coaxially coupled…[0147]); and to determine the pose of the point of the endoscope, the method further comprises determining a flexure of the shaft (geometric configuration [0136]; shape…feedback [0235]; see figure 1c).
Regarding claim 14, Roelle further discloses the endoscope support comprises: a spar (interpreted as a piece to support rigging | see 16, figure 23; Roelle); and a carriage (240, figure 24) configured to move along the spar and to hold the endoscope.
Regarding claim 15, Roelle further discloses the pose of the point of the endoscope has a third location in a surgical space and a first orientation in the surgical space (see 112b rejection above | Orientation information…[0165]); the surgical space is a Cartesian space having an axis pointing toward a third point (Cartesian coordinate system…given coordinate axis or system [0165]), the third point within a patient (taken from one or more points along the shapeable instrument [0212] | the point could be taken when in the patient); the first location is in an endoscope space having an origin location and an origin orientation relative to the endoscope (taken from one or more points along the shapeable instrument [0212] | the point could be taken at the first location in the endoscope); the second location is in a cannula space having an origin location and an origin orientation relative to the cannula (taken from one or more points along the shapeable instrument [0212] | the point could be taken at the proximal end of the endoscope, which coincides with being on/of the cannula – see above --; point on the robotic control system, like the sheath [0212]); and to determine the pose of the point of the endoscope (shape measurement…[0212]), the controller is configured to: transform the first location into the surgical space (X-Y-Z coordinates…orientation information…[0212]), the method further comprises: transforming the first location into the surgical space; and transforming the second location into the surgical space (X-Y-Z coordinates…orientation information…[0212]).
Regarding claim 16, Roelle further discloses receiving an input to change a view of the image capturer (see figure 1b; configured to coordinate and drive…precise steering or bending [0125]; Roelle); and generating, using the pose, commands to move the distal end of the endoscope to change the view of the image capturer in accordance with the input (figure 1b-1c), wherein the commands to move the distal end of the endoscope are configured to move a proximal end of the endoscope and to not move the cannula (proximal end of endoscope 18 can be withdrawn on the track, see figure 23).
Regarding claim 17, Roelle further discloses the shaft comprises a flexible portion (best seen with figure 3; Roelle); and the commands to move the distal end of the endoscope comprise commands to move the flexible portion of the shaft through a passage of the cannula (see track on 16 that can move 18, figure 23), the passage having a fixed curve (steerable sheath instrument 30 [0149] | the sheath can be steered and maintained to create a fixed curve).
Regarding claim 18, Roelle further discloses receiving an input to move a proximal end of the endoscope based on a user pushing the proximal end of the endoscope (tracking of shape…instrument is manually advanced [0244]; Roelle); and generating, using the pose, commands to move the proximal end of the endoscope (see 112b rejection above | see figure 1b-1c).
Regarding claim 19, Roelle further discloses the cannula comprises a second major axis (see major/longitudinal axis of 30, figure 21; Roelle); the shaft comprises a flexible portion (steerable sheath instrument 30 [0149]); and the method further comprises: receiving an input to move a proximal end of the endoscope (see figure 1b; configured to coordinate and drive…precise steering or bending [0125]; Roelle), and generating, using the pose, commands to move the proximal end by flexing the flexible portion.
Regarding claim 20, Roelle further discloses receiving an input to move the cannula (steerable sheath 30 [0149]; Roelle); in response to receiving the input, generating commands to move the cannula and to move the endoscope with the cannula while maintaining a view of the image capturer (see figures 1b-1c | the view of the image capturer may be maintain depending on how the cannula and endoscope are moved).
Regarding claim 21, Roelle further discloses the endoscopic system further comprises a robotic arm (see 274, figure 24; Roelle) configured to move both the endoscope support and the cannula support (rotation…[0151]).
Regarding claim 23, Roelle discloses a non-transitory machine-readable medium comprising a plurality of machine-readable instructions (a controller [0136] | see figure 34 and [0164]) which when executed by one or more hardware processors (controls system flow [0164]) are adapted to cause the one or more hardware processors to perform a method of operating an endoscopic system (figure 19), the endoscopic system comprising: an endoscope support (see 16, figure 19) configured to hold an endoscope (18, figure 19-20), the endoscope comprising a shaft (see shaft of 18, figure 20), a cannula support (proximal end of 30, figures 21-22) configured to hold a cannula (see 30, figure 21), wherein the endoscope is insertable through the cannula (see figures 21-22); and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136] | interpreted the detector 15 to be at the proximal end of the endoscope, which coincides with being on/of the cannula, and the diffraction gratings can be points on or along the endoscope), the first point being of the endoscope (see d1-d4, figures 13-14) and the second point being of the cannula (see 15, figures 13-14), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | geometric configuration [0136]; shape…feedback [0235]; see figure 1c). Roelle is silent regarding an image capturer positioned at a distal end of the shaft; the image capturer configured to capture an image; and wherein the image capturer is insertable through the cannula.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the non-transitory machine-readable medium of Roelle to have a distal end imaging system in the endoscope as taught by Rogers ([0141]). Doing so would provide imaging capabilities for the endoscope at the distal end ([0141]). The modified non-transitory machine-readable medium would have/use an image capturer (CMOS image sensor [0141]; Rogers) positioned at a distal end of the shaft (distal end…[0141]; Rogers); the image capturer configured to capture an image (imaging system [0141]); and wherein the image capturer is insertable through the cannula (see figures 21-22; Roelle).
Double Patenting
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. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.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); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 10-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,622,672 in view of Rogers (US 2013/0267964).
Regarding claim 1, Itkowitz discloses an endoscopic system comprising: an endoscope support configured to hold an endoscope (claim 1), the endoscope comprising a shaft and an image capturer positioned at a distal end of the shaft (claim 1), the image capturer configured to capture an image (claim 1); a cannula (claim 1), wherein the image capturer is insertable through the cannula (extend through…; claim 1); and a controller (claim 1), the controller configured to determine a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (claim 1). Itkowitz is silent regarding a cannula support configured to hold the cannula; the controller comprising a processor, the first point being of the endoscope and the second point being of the cannula, wherein the pose of the point is a pose of a frame of reference originating at the point.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]). The distal section of the flexible instrument may incorporate one or more strain sensing optical fibers that sense bend at a location on, or the shape of the distal section, and the amount of displacement and the location with reference to the cannula’s distal end may be used ([0181]). A control system architecture (2300, figure 23) data processing is implemented in electronic data processing unit ([0193]), which controls the distal end of the cannula or the instrument end effector ([0195]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Itkowitz with the robotic arm (see 106, figure 2a), control system architecture (2300, figure 23), and processing unit ([0193]) as taught by Rogers. Doing so would allow for the control of the distal end of the cannula and/or the endoscope ([0195]). The modified system would have a cannula support (see 216, figure 2a; Rogers) configured to hold the cannula; the controller comprising a processor (processing unit [0193]), the first point being of the endoscope (flexible instrument…location on the distal section [0181]) and the second point being of the cannula (amount of displacement and the location with reference to the cannula’s distal end [0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Regarding claim 10, Rogers further teaches a robotic arm (see 106, figure 2a; Rogers) configured to move both the endoscope support and the cannula support (see figure 2a).
Regarding claim 11, Rogers further teaches a first robotic arm (see 210-212, figures 2a-b); Rogers) configured to move the endoscope support and a second robotic arm (see arm that holds 216, figures 2a-b) configured to move the cannula support.
Claims 1, 10-12, and 21-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 17, 19, 22, and 24 of U.S. Patent No. 12,082,780 in view of Rogers (US 2013/0267964).
Regarding claim 1, Itkowitz discloses an endoscopic system comprising: an endoscope support (claim 4) configured to hold an endoscope (claim 1), the endoscope comprising a shaft and an image capturer (claim 1), the image capturer configured to capture an image; a cannula (claim 4), wherein the image capturer is insertable through the cannula (claim 4); and a controller (claim 1), the controller configured to determine a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (claim 1). Itkowitz is silent regarding the image capturer positioned at a distal end of the shaft; a cannula support configured to hold the cannula; a processor; and the first point being of the endoscope and the second point being of the cannula, wherein the pose of the point is a pose of a frame of reference originating at the point.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]). The distal section of the flexible instrument may incorporate one or more strain sensing optical fibers that sense bend at a location on, or the shape of the distal section, and the amount of displacement and the location with reference to the cannula’s distal end may be used ([0181]). A control system architecture (2300, figure 23) data processing is implemented in electronic data processing unit ([0193]), which controls the distal end of the cannula or the instrument end effector ([0195]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Itkowitz with distal end imaging system ([0141]), the robotic arm (see 106, figure 2a), control system architecture (2300, figure 23), and processing unit ([0193]) as taught by Rogers. Doing so would allow for the control of the distal end of the cannula and/or the endoscope ([0195]). The modified system would have the image capturer positioned at a distal end of the shaft ([0141]; Rogers); a cannula support (see 216, figure 2a) configured to hold the cannula; a processor (processing unit [0193]); and the first point being of the endoscope (flexible instrument…location on the distal section [0181]) and the second point being of the cannula (amount of displacement and the location with reference to the cannula’s distal end [0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Regarding claim 10, Rogers further teaches a robotic arm (see 106, figure 2a; Rogers) configured to move both the endoscope support and the cannula support (see figure 2a).
Regarding claim 11, Rogers further teaches a first robotic arm (see 106, figure 2a; Rogers) configured to move the endoscope support and a second robotic arm configured to move the cannula support (see figure 2a).
Regarding claim 12, Itkowitz discloses a method for operating an endoscopic system (claim 17), the endoscopic system comprising: an endoscope support (claim 19) configured to hold an endoscope (claim 17), the endoscope comprising a shaft (claim 19); cannula (claim 19); and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (claim 1), the first point being of the endoscope (claim 1). Itkowitz is silent regarding an image capturer positioned at a distal end of the shaft, the image capturer configured to capture an image and a cannula support configured to hold the cannula, wherein the image capturer is insertable through the cannula; and the second point being of the cannula, wherein the pose of the point is a pose of a frame of reference originating at the point.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]). The distal section of the flexible instrument may incorporate one or more strain sensing optical fibers that sense bend at a location on, or the shape of the distal section, and the amount of displacement and the location with reference to the cannula’s distal end may be used ([0181]). A control system architecture (2300, figure 23) data processing is implemented in electronic data processing unit ([0193]), which controls the distal end of the cannula or the instrument end effector ([0195]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Itkowitz to use a distal end imaging system ([0141]), the robotic arm (see 106, figure 2a), control system architecture (2300, figure 23), and processing unit ([0193]) as taught by Rogers. Doing so would provide imaging ([0141]) and allow for the control of the distal end of the cannula and/or the endoscope ([0195]). The modified method would comprise an image capturer ([0141]; Rogers) positioned at a distal end of the shaft ([0141]), the image capturer configured to capture an image ([0141]) and a cannula support (see 216, figure 2a; Rogers) configured to hold the cannula, wherein the image capturer is insertable through the cannula (claim 19; Itkowitz); and the second point being of the cannula (amount of displacement and the location with reference to the cannula’s distal end [0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Regarding claim 21, Rogers further teaches a robotic arm (see 106, figure 2a; Rogers) configured to move both the endoscope support and the cannula support (see figure 2a).
Regarding claim 22, Rogers further teaches a first robotic arm (see 210-212, figures 2a-b) configured to move the endoscope support and a second robotic arm (see arm that holds 216, figures 2a-b) configured to move the cannula support.
Regarding claim 23, Itkowitz discloses a non-transitory machine-readable medium (claim 22) comprising a plurality of machine-readable instructions which when executed by one or more hardware processors (claim 22) are adapted to cause the one or more hardware processors to perform a method of operating an endoscopic system (claim 22), the endoscopic system comprising: an endoscope support (claim 24) configured to hold an endoscope (claim 22), the endoscope comprising a shaft (claim 24), a cannula (claim 24), and the method comprising: determining a pose of a point of the endoscope based on a first location of a first point and a second location of a second point (claim 22), the first point being of the endoscope (claim 22). Itkowitz is silent regarding an image capturer positioned at a distal end of the shaft; the image capturer configured to capture an image and a cannula support configured to hold the cannula; wherein the image capturer is insertable through the cannula; and the second point being of the cannula, wherein the pose of the point is a pose of a frame of reference originating at the point.
Rogers teaches a patient side cart component (100, figure 1a) with arms (108, figure 1a) and an endoscope (112, figure 1a) or instruments (110, figure 1a). The instrument (110, figure 2b) is mounted at an instrument mounting carriage (212, figure 2b), and the shaft (218, figure 2b) of the instrument extends through cannula (214, figure 2b). The cannula may be bendable and have sensing technologies, such as an optical fiber shape sensing, may be used to determine the curved shape ([0139]). The flexible shaft camera instrument may be inserted through the cannula, and the camera instrument may have a distal end imaging system (CMOS image sensor [0141]). The distal section of the flexible instrument may incorporate one or more strain sensing optical fibers that sense bend at a location on, or the shape of the distal section, and the amount of displacement and the location with reference to the cannula’s distal end may be used ([0181]). A control system architecture (2300, figure 23) data processing is implemented in electronic data processing unit ([0193]), which controls the distal end of the cannula or the instrument end effector ([0195]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the medium of Itkowitz to use a distal end imaging system ([0141]), the robotic arm (see 106, figure 2a), control system architecture (2300, figure 23), and processing unit ([0193]) as taught by Rogers. Doing so would provide imaging ([0141]) and allow for the control of the distal end of the cannula and/or the endoscope ([0195]). The modified medium would comprise an image capturer positioned at a distal end of the shaft ([0141]; Rogers); the image capturer configured to capture an image ([0141]) and a cannula support (see 216, figure 2a; Rogers) configured to hold the cannula; wherein the image capturer ([0141]; Rogers) is insertable through the cannula (claim 19; Itkowitz); and the second point being of the cannula (amount of displacement and the location with reference to the cannula’s distal end [0181]), wherein the pose of the point is a pose of a frame of reference originating at the point (see 112b rejection above | broadly interpreted frame of reference to mean the position or motion in reference to a set of axes, per Merriam-Webster | kinematic constraints…tip orientation…[0176]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Scholan (US 2017/0143435).
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PAMELA F. WU
Examiner
Art Unit 3795
March 18, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795