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 .
Pursuant to communications filed on /2025, this is a First Action Non-Final Rejection on the Merits wherein claims 21-34 are currently pending in the instant application.
-. It is noted that claims 1-20 have been canceled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/27/2024; 07/24/2025 and 07/31/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Examiner's Note
Examiner has cited particular paragraphs and/or columns / lines numbers or figures in the reference(s) as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Examiner has also cited references in PTO-892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21-34 are rejected under 35 U.S.C. 103 as being unpatentable over Awano et al (US20200121403-IDS), “Awano” in view of Aldridge et al (US20180101166-IDS), “Aldridge”.
Regarding claim 21, discloses a surgical robot (e.g., via a surgery supporting apparatus for controlling motion of a robot arm - as shown in figure 3 below) comprising:
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an arm including a plurality of joints (see figure 3 depicting the multi joint robotic arm 110- see at least [0040] disclosing in the horizontal robot arm 110, a first arm 111 and a second arm 112 are connected by an active joint having a degree of freedom in only horizontal rotation, and the second arm 112 and a third arm 113 are connected by an active joint having a degree of freedom in only horizontal rotation. The first arm 111 includes an active joint having a degree of freedom in the vertical direction (the major-axis direction of the third frame 103), and hence can move the second arm 112 and the third arm 113 in the vertical direction.),
a plurality of first motors to drive the plurality of joints (see figure 3; see at least [0039] disclosing the surgical instrument manipulator 124 includes a plurality of motors for generating a plurality of independent rotating powers, and each power is transmitted to the distal end portion of a robot medical instrument through, for example, a shaft of the robot medical instrument.), and
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a tip end side link to which the medical device is attached (see figure 2B; see at least [0039] disclosing surgical instrument manipulator 124 is attached to the distal end of the horizontal robot arm 110 via a gimbal mechanism capable of rotating around two axes. The surgical instrument manipulator 124 is a driving device for controlling the position and posture of the distal end portion of a robot medical instrument whose insertion angle and insertion depth with respect to a body cavity are controlled by the horizontal robot arm 110.),
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an operation unit is provided on the tip end side link (e.g., see figure 8 above depicting surgical instrument manipulator 124 having the vector manipulation switch 801 – see [0039] disclosing surgical instrument manipulator 124 is attached to the distal end of the horizontal robot arm 110 via a gimbal mechanism capable of rotating around two axes.), and
a controller (see figure 2B above: control unit 201- see [0049] disclosing control unit 201 includes one or more processors such as a CPU or a GPU, and controls the overall manipulation of the surgery supporting apparatus 200 by reading out a program stored in a storage medium 204 to a memory 205 and executing the readout program. The control unit 201 also functions as a switching unit (switch) for switching manipulation modes of the surgery supporting apparatus based on a manipulation performed on a manipulation unit 202. Furthermore, the control unit 201 functions as a control unit for controlling the manipulation of a robot arm so as to control the posture of a robot medical instrument in accordance with the insertion angle and the insertion depth of the shaft of the handheld medical instrument 131 with respect to a body cavity.);
wherein the operation unit (surgical instrument manipulator 124) includes a “switch” (vector manipulation switch 801) configured to move the arm by driving the plurality of first motors to move the medical device (see [0111] disclosing when the vector manipulation switch 801 is pressed, the control unit 201 switches the operation mode to the vector manipulation mode, and controls the robot arm in accordance with the instruction on the vector manipulation switch 801. – see [0115] disclosing the control unit 201 controls the motion of the robot arm in accordance with a manual manipulation (a manipulation on the grip including the brake release switch 311 or a manipulation on the vector manipulation switch 801) performed by an operator, thereby inserting the robot medical instrument 127 into the robot-side sheath tube 125.),
the “switch (vector manipulation switch 801) is configured to operate the moving direction and
the controller (control unit 201) is configured to operate the arm based on an input signal from the switch (surgical instrument manipulator 124 + vector manipulation switch 801) (see [0049] disclosing the control unit 201 also functions as a switching unit (switch) for switching manipulation modes of the surgery supporting apparatus based on a manipulation performed on a manipulation unit 202. Furthermore, the control unit 201 functions as a control unit for controlling the manipulation of a robot arm so as to control the posture of a robot medical instrument in accordance with the insertion angle and the insertion depth of the shaft of the handheld medical instrument 131 with respect to a body cavity.),
Awano teaches substantially the claimed invention implemented using a “switch”, but does not expressly teach the “joystick”, a moving speed of the arm and the controller is configured to perform a control to reduce a change in the moving speed of the arm by performing at least one of setting an upper limit for the input signal from the joystick or smoothing the input signal from the joystick.
However, in the same field of endeavour or analogous art, Aldridge teaches the claimed features implemented in a robotic programming and motion control. Aldridge further teaches the controller is configured to perform a control to reduce a change in the moving speed of the arm by performing at least one of setting an upper limit for the input signal from the joystick or smoothing the input signal from the joystick. (see [0028] disclosing If the trigger is pressed fully, the robot goes at the full “safety speed” allowed. If the trigger is released, the robot stops. The user modulates speed of the robot during playback to test the program slowly in critical parts, but save time by moving quickly through non-critical parts. See also [0056] disclosing controller may have the following inputs buttons, triggers, and joysticks. For example, using a joystick may lock all other axes and rotate axis 6 by moving the joystick left or right. Further, a trigger button may cause the robot to move with controller. Also the trigger button may be used as the speed control method for playing back the programmed moves. Speed can be also proportional to joystick movement. Speed can also start slow and then increase automatically the longer the joystick is held.).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Awano to include the idea of using a joystick and controlling the speed of the arm based on joystick inputs, as taught by Aldridge for the benefit of controlling the speed of the robot during “playback” or “execution” by varying the pressure on the trigger. If the trigger is pressed fully, the robot goes at the full “safety speed” allowed.
Regarding claim 22, Awano in view of Aldridge discloses as discussed in claim 21. Awano further discloses, wherein the arm includes an arm portion including an articulated robot arm including the plurality of first motors (see figure 3; see at least [0039] disclosing the surgical instrument manipulator 124 includes a plurality of motors for generating a plurality of independent rotating powers, and each power is transmitted to the distal end portion of a robot medical instrument through, for example, a shaft of the robot medical instrument.), and
a translation mechanism (figure 5: third frame 103) being configured to allow a medical device to be attached thereto, the translation mechanism being configured to translate the tip end side link relative to the arm portion (see [0077] disclosing The horizontal robot arm 110 moves the distal end of the robot arm in a direction matching the pressed direction on the axis of the shaft of the robot medical instrument 127. Since, therefore, the surgical instrument manipulator 124 functions as a manipulating unit for manually manipulating the 2-axis gimbal mechanism 301, the progressing direction of the whole robot arm can be determined. In other words, the horizontal robot arm 110 controls the motion in accordance with the axial direction of the shaft of the robot medical instrument 127, and with the direction indicated by an instruction on the switch with respect to the axial direction of the shaft. This makes it possible to easily and smoothly insert the distal end portion of the robot medical instrument 127 into the robot-side sheath tube 125.),
the tip end side link has a holder including a second motor to drive the medical device (figure 1A: holder 114- see [0041] disclosing Since the first arm 121 is connected to an active joint having a degree of freedom in the vertical direction (the major-axis direction of the third frame 113), the second arm 122 and the third arm 123 can move in the vertical direction. Since this makes it possible to three-dimensionally move an endoscope (robot medical instrument) connected to an endoscope holder 114 at the hand of the linear-motion robot arm 120, the angle and depth of insertion of the endoscope (robot medical instrument) into a body cavity are controlled.),
the translation mechanism include a base end side link connected to the arm and is configured to translate the tip end side link relative to the base end side link (see figures 3 and 5).
Regarding claim 23, Awano in view of Aldridge discloses as discussed in claim 22. Awano further discloses, wherein the translation mechanism is configured as a double speed mechanism that moves the tip end side link relative to the base end side link (see [0057] disclosing the case in which the output mechanisms such as the speed reducer 305 and the second arm driving unit 309 are formed into flat shapes in order downsize the horizontal robot arm 110. For example, it is possible to use a harmonic drive gear speed reducer or a cycloidal speed reducer capable of high speed reduction even with a flat shape, a flat motor for which the output of the motor itself is raised, or a direct driver motor that can be attached directly to the joint.).
Regarding claim 24, Awano in view of Aldridge discloses as discussed in claim 22. Awano further discloses, wherein the base end side link is connected to a tip end of the arm portion so as to be rotated by one of the plurality of joints (see figures 3-4- see [0054] disclosing FIG. 4 shows the distal end portion (of the third arm 113) of the horizontal robot arm 110 in an enlarged scale. The gimbal mechanism 301 can rotate around two rotating axes 401 and 402 shown in FIG. 4, and the two rotating axes 401 and 402 intersect an axis 403 of the surgical instrument shaft of a robot medical instrument attached to the surgical instrument manipulator 124. The gimbal mechanism 301 is a passive joint having no power unit, but includes an encoder for measuring rotation around each rotating axis.).
Regarding claim 25, Awano in view of Aldridge discloses as discussed in claim 22. Awano further discloses, wherein the translation mechanism includes a third motor to translate the tip end side link relative to the arm portion (see [0060] disclosing A driving motor 504 transmits a rotating power to the timing belt 505 and drives the timing belt 505 by a timing pulley, thereby actively moving the support block 502 supporting the first arm forward and backward in the vertical direction. A position detection control unit 510 including an encoder measures the vertical moving amount of the first arm 111 based on the moving amount of the driving belt 505 having moved forward and backward.).
Regarding claim 26, Awano in view of Aldridge discloses as discussed in claim 21. Awano further discloses, wherein the operation unit has a cross-section about a direction orthogonal to a direction in which a shaft of the medical device extends having a substantially rectangular shape (see at least figures 3 and 8 showing the surgical instrument manipulator 124 has a rectangular shape).
Regarding claim 27, Awano in view of Aldridge discloses as discussed in claim 21. Awano further discloses, wherein the surgical instrument manipulator 124 / switch 801 is configured to operate the arm in one of a translation mode in which the arm moves the medical device such that a tip end of the medical device moves on a predetermined plane and a rotation mode in which the arm moves the medical device such that the medical device rotates about the tip end of the medical device, the translation mode and the rotation mode are changeable (see [0039] disclosing The surgical instrument manipulator 124 includes a plurality of motors for generating a plurality of independent rotating powers, and each power is transmitted to the distal end portion of a robot medical instrument through, for example, a shaft of the robot medical instrument.).
Awano is silent about using a joystick. However, Aldridge teaches the implementation of a joystick. See motivation to combine as set forth above in claim 21.
Regarding claim 28, Awano in view of Aldridge discloses as discussed in claim 27. Awano further discloses, wherein the operation unit includes a mode switching button configured to switch between the translation mode and the rotation mode (e.g., see figure 8 above depicting surgical instrument manipulator 124 having the vector manipulation switch 801 – see [0039] disclosing surgical instrument manipulator 124 is attached to the distal end of the horizontal robot arm 110 via a gimbal mechanism capable of rotating around two axes.).
Regarding claim 29, Awano in view of Aldridge discloses as discussed in claim 27. Awano further discloses, wherein the operation unit includes a mode indicator to indicate the translation mode or the rotation mode (see figure 8 depicting the arrows in the vector manipulation switch 801 as an indicative of the up or down translation).
Regarding claim 30, Awano in view of Aldridge discloses as discussed in claim 21. Awano further discloses wherein the operation unit includes a switch unit configured to operate the arm such that the tip end of the medical device moves along the longitudinal direction of the medical device (see figure 8 depicting the arrows in the vector manipulation switch 801 as an indicative of the up or down translation).
Regarding claim 31, Awano in view of Aldridge discloses as discussed in claim 21. Awano further discloses, wherein the switch unit includes a first switch configured to operate the arm such that the tip end of the medical device moves in a first direction along the longitudinal direction of the medical device and a second switch configured to operate the arm such that the tip end of the medical device moves in a second direction opposite to the first direction along the longitudinal direction of the medical device (see figure 8 depicting the arrows in the vector manipulation switch 801 as an indicative of the up or down translation).
Regarding claim 32, Awano discloses a surgical robot (e.g., via a surgery supporting apparatus for controlling motion of a robot arm - as shown in figure 3 below) comprising:
a surgical robot (figure 1A; robot 100), and
a remote operation device (see [0007] disclosing the to remotely manipulate the console type robot),
wherein the surgical robot includes an arm including a plurality of joints (see fig. 1A and 3- horizontal robot arm),
a plurality of first motors to drive the plurality of joints (see figure 3 depicting the multi joint robotic arm 110- see at least [0039] disclosing the surgical instrument manipulator 124 includes a plurality of motors for generating a plurality of independent rotating powers, and each power is transmitted to the distal end portion of a robot medical instrument through, for example, a shaft of the robot medical instrument. see at least [0040] disclosing in the horizontal robot arm 110, a first arm 111 and a second arm 112 are connected by an active joint having a degree of freedom in only horizontal rotation, and the second arm 112 and a third arm 113 are connected by an active joint having a degree of freedom in only horizontal rotation. The first arm 111 includes an active joint having a degree of freedom in the vertical direction (the major-axis direction of the third frame 103), and hence can move the second arm 112 and the third arm 113 in the vertical direction.), and
a tip end side link to which the medical device is attached (see figure 2B; see at least [0039] disclosing surgical instrument manipulator 124 is attached to the distal end of the horizontal robot arm 110 via a gimbal mechanism capable of rotating around two axes. The surgical instrument manipulator 124 is a driving device for controlling the position and posture of the distal end portion of a robot medical instrument whose insertion angle and insertion depth with respect to a body cavity are controlled by the horizontal robot arm 110.),
an operation unit is provided on the tip end side link (e.g., see figure 8 above depicting surgical instrument manipulator 124 having the vector manipulation switch 801 – see [0039] disclosing surgical instrument manipulator 124 is attached to the distal end of the horizontal robot arm 110 via a gimbal mechanism capable of rotating around two axes.), and
a controller (see figure 2B above: control unit 201- see [0049] disclosing control unit 201 includes one or more processors such as a CPU or a GPU, and controls the overall manipulation of the surgery supporting apparatus 200 by reading out a program stored in a storage medium 204 to a memory 205 and executing the readout program. The control unit 201 also functions as a switching unit (switch) for switching manipulation modes of the surgery supporting apparatus based on a manipulation performed on a manipulation unit 202. Furthermore, the control unit 201 functions as a control unit for controlling the manipulation of a robot arm so as to control the posture of a robot medical instrument in accordance with the insertion angle and the insertion depth of the shaft of the handheld medical instrument 131 with respect to a body cavity.);
wherein the operation unit (surgical instrument manipulator 124) includes a “switch” (vector manipulation switch 801) configured to move the arm by driving the plurality of first motors to move the medical device (see [0111] disclosing when the vector manipulation switch 801 is pressed, the control unit 201 switches the operation mode to the vector manipulation mode, and controls the robot arm in accordance with the instruction on the vector manipulation switch 801. – see [0115] disclosing the control unit 201 controls the motion of the robot arm in accordance with a manual manipulation (a manipulation on the grip including the brake release switch 311 or a manipulation on the vector manipulation switch 801) performed by an operator, thereby inserting the robot medical instrument 127 into the robot-side sheath tube 125.),
the “switch (vector manipulation switch 801) is configured to operate the moving direction and
the controller (control unit 201) is configured to operate the arm based on an input signal from the switch of the operation unit (surgical instrument manipulator 124 + vector manipulation switch 801) (see [0049] disclosing the control unit 201 also functions as a switching unit (switch) for switching manipulation modes of the surgery supporting apparatus based on a manipulation performed on a manipulation unit 202. Furthermore, the control unit 201 functions as a control unit for controlling the manipulation of a robot arm so as to control the posture of a robot medical instrument in accordance with the insertion angle and the insertion depth of the shaft of the handheld medical instrument 131 with respect to a body cavity.),
the plurality of first motors and a second motor to drive the medical device included in a holder are operated based on a command from the (see [0055] disclosing third arm driving unit 302 contained in the second arm 112 includes a driving motor for driving the third arm 113, a spring-actuated brake, and a speed reducer. The third arm 113 and the second arm 112 have a degree of freedom in only horizontal rotation, and the third arm 113 can actively rotate by receiving, by using a timing pulley, the power output from the third arm driving unit 302 by a timing belt 307. The second arm 112 has a third arm sensor unit 303 for measuring the rotation of the third arm 113 with respect to the second arm. The third arm sensor unit 303 includes an encoder for detecting the rotational position around the rotating shaft of the joint connecting the third arm 113 and the second arm 112, and other sensors. The rotating shaft of this joint has a bearing 304.).
Regarding claim 33, Awano in view of Aldridge discloses as discussed in claim 32. Awano further discloses, wherein the arm includes an arm portion including an articulated robot arm including the plurality of first motors (see figure 3; see at least [0039] disclosing the surgical instrument manipulator 124 includes a plurality of motors for generating a plurality of independent rotating powers, and each power is transmitted to the distal end portion of a robot medical instrument through, for example, a shaft of the robot medical instrument.),
a translation mechanism (figure 5: third frame 103) being configured to allow a medical device to be attached thereto, the translation mechanism being configured to translate the tip end side link relative to the arm portion (see [0077] disclosing The horizontal robot arm 110 moves the distal end of the robot arm in a direction matching the pressed direction on the axis of the shaft of the robot medical instrument 127. Since, therefore, the surgical instrument manipulator 124 functions as a manipulating unit for manually manipulating the 2-axis gimbal mechanism 301, the progressing direction of the whole robot arm can be determined. In other words, the horizontal robot arm 110 controls the motion in accordance with the axial direction of the shaft of the robot medical instrument 127, and with the direction indicated by an instruction on the switch with respect to the axial direction of the shaft. This makes it possible to easily and smoothly insert the distal end portion of the robot medical instrument 127 into the robot-side sheath tube 125.),
the tip end side link has the holder including a second motor to drive the medical device (figure 1A: holder 114- see [0041] disclosing Since the first arm 121 is connected to an active joint having a degree of freedom in the vertical direction (the major-axis direction of the third frame 113), the second arm 122 and the third arm 123 can move in the vertical direction. Since this makes it possible to three-dimensionally move an endoscope (robot medical instrument) connected to an endoscope holder 114 at the hand of the linear-motion robot arm 120, the angle and depth of insertion of the endoscope (robot medical instrument) into a body cavity are controlled.),
the translation mechanism include a base end side link connected to the arm and is configured to translate the tip end side link relative to the base end side link (see figures 3 and 5), the translation mechanism includes a third motor to moves the tip end side link relative to the arm portion, the third motor is operated based on the command from the remote operation device to operate the translation mechanism. (see [0060] disclosing A driving motor 504 transmits a rotating power to the timing belt 505 and drives the timing belt 505 by a timing pulley, thereby actively moving the support block 502 supporting the first arm forward and backward in the vertical direction. A position detection control unit 510 including an encoder measures the vertical moving amount of the first arm 111 based on the moving amount of the driving belt 505 having moved forward and backward. see [0007] disclosing the to remotely manipulate the console type robot).
Regarding claim 34, Awano in view of Aldridge discloses as discussed in claim 32. Awano discloses the remote operation, but it is silent to disclose, wherein the remote operation device includes an operation manipulator arm, the command is input by the operation manipulator arm.
However, Aldridge teaches wherein the remote operation device includes an operation manipulator arm, the command is input by the operation manipulator arm (see [0152] disclosing An RPMC system may include the robotic device the controller device, and/or a system control device. These devices may communicate in accordance with, and be compliant with, various communication standards and protocols, such as Wi-Fi, UDP, TSN, wireless (or wired) USB, Wi-Fi P2P, Bluetooth, NFC, or any other communication standard. The robotic device and the controller device may communicate through various networks or through a system control device. The controller device may control the robotic device by transmitting control signals to the robotic device through a wire or through wireless signals and vice versa. For example, the controller device may send the control signal as an Ethernet packet through an Ethernet connection to the robotic device. Further, the controller device may send and receive messages with the robotic device using the system control device. The robotic device may operate in a training mode or an execution mode, wherein the training mode is based on receiving the one or more input locations associated with the controller device.).
Therefore, it is prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Awano to include the idea of using of remotely controlling the robot, as taught by Aldridge for the benefit of having full capability of performing remote control of the robotic arms.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaime Figueroa whose telephone number is (571)270-7620. The examiner can normally be reached on Monday-Friday 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached on 571-270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAIME FIGUEROA/Primary Patent Examiner, Art Unit 3656