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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 5-8, and 16-19 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 claim 5, 7-8, 16, and 18-19, the limitation “the pose” is unclear. It is unclear which pose this limitation is referring to (i.e., the first, second, or third pose as recited in claims 1 and 12). Claims 6 and 17 are rejected due to their dependency on claims 5 and 16.
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, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 2013/0267964), in view of another embodiment in 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, using additional spatial constraints (kinematic constraints…tip orientation…[0176]): determine a first pose (strain sensing optical fibers.. [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]). Rogers is silent regarding determine a second pose associated with a second point of the cannula based on a second location of the second point; and determine a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third point.
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
It would have been obvious to modify the system of Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). The modified system would have determine a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determine a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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: using additional spatial constraints (kinematic constraints…tip orientation…[0176]): determining a first pose (strain sensing optical fibers.. [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]). Rogers is silent regarding determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third point.
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
It would have been obvious to modify the method of Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). The modified method would comprise determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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: using additional spatial constraints (kinematic constraints…tip orientation…[0176]): determining a first pose (strain sensing optical fibers.. [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]). Rogers is silent regarding determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third point.
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
It would have been obvious to modify the medium of Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). The modified medium would have determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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, using additional spatial constraints (controller configured to determine a geometric configuration [0136]): determine a first pose (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136]) associated with a first point of the endoscope based on a first location of the first point (see d1-d4, figures 13-14). 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; determine a second pose associated with a second point of the cannula based on a second location of the second point; and determine a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It would have been obvious to modify the system of Roelle and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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); determine a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]; Rogers); and determine a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175]; Rogers | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176]; Rogers | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
Regarding claim 2, Roelle and Rogers further disclose 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 third point of the endoscope, the controller is configured to determine a flexure of the shaft (geometric configuration [0136] of Roelle; shape…feedback [0235]; see figure 1c | instrument I/O movement…extension distance [0175]; Rogers | see 2114, figure 21).
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 and Rogers further disclose the pose of the third point of the endoscope has a third location in a surgical space and a first orientation in the surgical space (Orientation information…[0165]; Roelle); the surgical space is a Cartesian space having an axis pointing toward a fourth point (Cartesian coordinate system…given coordinate axis or system [0165]; Roelle), the fourth point within a patient (see 2114, figure 21; Rogers); 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]; Roelle | 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 (2116, figure 21; Rogers); and to determine the pose of the third point of the endoscope (instrument I/O movement…extension distance [0175]; Rogers | see 2114, figure 21), the controller is configured to: transform the first location into the surgical space (X-Y-Z coordinates…orientation information…[0212]; Roelle); and transform the second location into the surgical space (X-Y-Z coordinates…orientation information…[0212]; Roelle).
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: using additional spatial constraints (controller configured to determine a geometric configuration [0136]): determining a first pose (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136]) associated with a first point of the endoscope based on a first location of the first point (see d1-d4, figures 13-14). 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; determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the method of Roelle and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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); determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
Regarding claim 13, Roelle and Rogers 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 third point of the endoscope, the method further comprises determining a flexure of the shaft (geometric configuration [0136]; shape…feedback [0235]; see figure 1c of Roelle | bend angle…[0176]; Rogers).
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 third point of the endoscope has a third location in a surgical space and a first orientation in the surgical space (Orientation information…[0165]; Roelle); the surgical space is a Cartesian space having an axis pointing toward a fourth point (Cartesian coordinate system…given coordinate axis or system [0165]; Roelle), the fourth point within a patient (see 2114, figure 21; Rogers); 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]; Roelle | 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 2116, figure 21; Rogers); and to determine the pose of the third point of the endoscope (instrument I/O movement…extension distance [0175]; Rogers | see 2114, figure 21), the controller is configured to: transform the first location into the surgical space (X-Y-Z coordinates…orientation information…[0212]; Roelle), 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]; Roelle).
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 (see figures 1b-1c).
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: using additional spatial constraints (controller configured to determine a geometric configuration [0136]): determining a first pose (see figures 13-14 | sets of diffraction gratings…single detector 15 [0136]) associated with a first point of the endoscope based on a first location of the first point (see d1-d4, figures 13-14). 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; determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the medium of Roelle and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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); determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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.
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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 using additional spatial constraints (using…location…; claim 1); 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, determine a first pose associated with a first point of the endoscope based on a first location of the first point; determine a second pose associated with a second point of the cannula based on a second location of the second point; and determine a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the system of Itkowitz and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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]), determine a first pose (strain sensing optical fibers... [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]); determine a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determine a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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, using additional spatial constraints (using…location…; claim 1): 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; determine a first pose associated with a first point of the endoscope based on a first location of the first point; determine a second pose associated with a second point of the cannula based on a second location of the second point; and determine a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the system of Itkowitz and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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]); determine a first pose (strain sensing optical fibers... [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]); determine a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determine a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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: using additional spatial constraints (determining a pose…first location…; claim 17); 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; determining a first pose associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]); determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the method of Itkowitz and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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); determining a first pose associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]); determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
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: using additional spatial constraints (determining a pose…first location…; claim 22); 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; determining a first pose associated with a first point of the endoscope based on a first location of the first point; determining a second pose associated with a second point of the cannula based on a second location of the second point; and determining a third pose of a third point of the endoscope based on the first pose associated with the first point and the second pose associated with the second point, wherein the pose of the third point is a pose of a frame of reference originating at the third 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]).
In another embodiment of Rogers, Rogers teaches the use of kinematic constraints associated with a curved cannula ([0176]). The motion of the instrument tip extending out of the cannula is described as if produced by a virtual serial kinematic chain of frames of reference, described by a set of Denavit-Hartenberg (DH) parameters ([0176]). The boundary conditions for the cannula’s distal end (2106, figure 21) are defined as the tip position, tip orientation, and the length along the curved section ([0176]). The distance between the cannula’s remote center of motion (2116, figure 21) and the cannula’s distal end (2106, figure 21) is used for various associated kinematic constraints. The instrument’s movement at the cannula’s distal end is extended straight longitudinal centerline from the distal end of the cannula ([0175]; 2114, figure 21). The extension distance is regulated by the control system software ([0175]).
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]). It also would have been obvious to modify the medium of Itkowitz and Rogers to incorporate kinematic constraints as taught by another embodiment of Rogers ([0176]). Doing so would provide the motion of the instrument tip extending out of the cannula ([0176]). 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); determining a first pose (strain sensing optical fibers.. [0181]) associated with a first point of the endoscope based on a first location of the first point (the point of the endoscope that is located at the cannula’s distal end [0181]); determining a second pose associated with a second point of the cannula based on a second location of the second point (see 2116, figure 21 | minimum distance…cannula’s distal end 2106…cannula configurations [0176]); and determining a third pose of a third point of the endoscope (instrument I/O movement…extension distance [0175] | see 2114, figure 21) based on the first pose associated with the first point (extended straight…at the cannula’s distal end…extension distance [0176] | the point of the endoscope that is located at the cannula’s distal end [0181]) and the second pose associated with the second point (see 2116, figure 21), wherein the pose of the third point is a pose of a frame of reference originating at the third point (instrument I/O axis…[0175]).
Note to Applicants
The Examiner suggests amending the claims to specify what the “pose” is (i.e., position and orientation). This type of amendment would further narrow the scope of the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
September 4, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights