Prosecution Insights
Last updated: October 23, 2026
Application No. 18/837,277

TECHNIQUES FOR REPOSITIONING A COMPUTER-ASSISTED SYSTEM WITH MOTION PARTITIONING

Final Rejection §102
Filed
Aug 09, 2024
Priority
Feb 22, 2022 — provisional 63/312,765 +1 more
Examiner
MORALES, JON ERIC C
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Intuitive Surgical Operations Inc.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1085 granted / 1271 resolved
+15.4% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
48 currently pending
Career history
1331
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
37.1%
-2.9% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1271 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-2, 4-7, 9, 11-13, 15, 20, 22, 25-28, 32-33, 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DiMaio et al. (US 2019/0231460). Regarding claim 1, DiMaio discloses a computer-assisted system comprising: a repositionable structure system 104, the repositionable structure system comprising a plurality of links 146A-F coupled by a plurality of joints 148A-F (Fig. 2A, section 0083); and a control unit 300 communicably coupled to the repositionable structure system (Fig. 3, Section 0102), wherein the control unit is configured to: determine a target pose of a system portion of the computer-assisted system, the target pose of the system portion comprising at least one parameter selected from the group consisting of: a target position of the system portion and a target orientation of the system portion (section 0032-0033, 0101, 0137), determine a current pose of the system portion, the current pose of the system portion comprising at least one parameter selected from the group consisting of: a current position of the system portion and a current orientation of the system portion (Section 0137), determine a motion for the repositionable structure system based on a difference between the target pose and the current pose (Section 0029, 0137), the motion including a first motion component 308 in a first linear or rotational direction (sections 0104-0105, 0108), determine a partitioning of the first motion component 308 into a plurality of partitions (Section 0108), wherein each partition of the plurality of partition corresponds to a portion of the motion in the first linear or rotational direction (section 0104, 0105, 0108), a first partition of the plurality of partitions is associated with a first joint set of the plurality of joints (Section 0108, 0168), and a second partition of the plurality of partitions is associated with a second joint set of the plurality of joints, the first joint set differing from the second joint set (section 0108, 0169), and cause a first movement of the first joint set to achieve the first partition and a second movement of the second joint set to achieve the second partition (Section 0168-0169). Regarding claim 2, DiMaio discloses the computer-assisted system of claim 1, wherein: the computer-assisted system 302 further comprises a sensor system 306 configured to capture sensor data of an operating environment containing the repositionable structure system (Fig. 3); and the control unit 300 is further configured to: determine an object pose of an object portion of an object in the operating environment based on the sensor data, the object pose of the object portion comprising at least one parameter (Fig. 3, section 0029, 0137) selected from the group consisting of: a position of the object portion and an orientation of the object portion (Section 0137); and to determine the target pose, the control unit is configured to use the object pose (0032-0033, 0101, 0137). Regarding claim 4, DiMaio discloses the computer-assisted system of claim 1, wherein: to cause the first movement and the second movement, the control unit is configured to perform at least one action selected from the group consisting of: command an actuator system to move the first joint set and the second joint set (section 0138); output a first prompt perceivable by an operator of the computer-assisted system, the first prompt prompting the operator to move the first joint set to achieve the first partition (section 0168); and output a second prompt perceivable by the operator, the second prompt prompting the operator to move the second joint set to achieve the second partition (Section 0169). Regarding claim 5, DiMaio discloses the computer-assisted system of claim 1, wherein: the first joint set consists of a single joint of the plurality of joints 148A-F (Fig. 2A, sections 0083-0084); or the second joint set 142A-C comprises multiple joints of the plurality of joints (Fig.2A, sections 0081-0082). Regarding claim 6, DiMaio discloses the computer-assisted system of claim 1, wherein: to determine the partitioning of the first motion component 308 into the plurality of partitions (Section 0104, 0108), the control unit is configured to: determine a set of constraints associated with moving the system portion in the first linear or rotational direction (section 0104, 0108, 0137); and determine the partitioning based on the set of constraints (section 0167-0169). Regarding claim 7, DiMaio discloses the computer-assisted system of claim 6, wherein to determine the partitioning based on the set of constraints, the control unit is configured to: compute one or more values of one or more cost functions associated with one or more partitioning candidates that satisfy the set of constraints (Section 0154); and select the partitioning based on the one or more values (Section 0168-0169); wherein the one or more cost functions comprise at least one cost function selected from the group consisting of: a cost function associated with a displacement of a joint of the first joint set or the second joint set to a center of a range of motion associated with the joint (Section 0137, 0154); a cost function associated with a manipulability of a link of the plurality of links (Section0137, 0154); and a cost function associated with a bandwidth of a joint of the first joint set or the second joint set (section 0137, 0154). Regarding claim 9, DiMaio discloses the computer-assisted system of claim 6, wherein to determine the partitioning based on the set of constraints, the control unit is configured to: determine that no partitioning candidates satisfy the set of constraints (section 0168-0169); and output a notification perceivable by an operator, the notification notifying the operator of an error or prompting the operator to change at least one constraint in the set of constraints (section 0155, 0162). Regarding claim 11, DiMaio discloses the computer-assisted system of claim 6, wherein the set of constraints comprises at least one constraint selected from the group consisting of: an average of a plurality of constraints, a least restrictive constraint of the plurality of constraints, and a most restrictive constraint of the plurality of constraints (section 0137); and wherein different constraints of the plurality of constraints are associated with different system portions of the computer-assisted system (section 0233). Regarding claim 12, DiMaio discloses the computer-assisted system of claim 1, wherein the target pose of the system portion is a pose that separates an object pose of an object in an operating environment containing the repositionable structure system from the system portion by a target separation (section 0032-0033), the target separation comprising a target linear displacement or a target angular displacement (Section 0222). Regarding claim 13, DiMaio discloses the computer-assisted system of claim 12, wherein the control unit is further configured to determine or modify the target separation based on at least one parameter selected from the group consisting of: an environmental feature of an operating environment containing the repositionable structure system (Fig. 2A, section 0080); an operating mode of the computer-assisted system (Fig. 3, section 0102); an operating condition of the computer-assisted system (Fig. 3); a status of an operator of the computer-assisted system (Fig. 3, section 0103); and an automatically determined operator preference (section 0103). Regarding claim 15, DiMaio discloses the computer-assisted system of claim 1, wherein to cause the first movement of the first joint set to achieve the first partition, the control unit is configured to: determine a speed based on at least parameter (section 0096) selected from the group consisting of: a displacement from the system portion to an object portion of an object in an operating environment (section 0097), a speed at which the system portion is moving towards the object portion, a type of the object (section 0096), and an automatically-determined operator preference (section 0103); and control the first joint set to move one or more links of the plurality of links based on the determined speed (section 0096-0097). Regarding claim 20, DiMaio discloses the computer-assisted system of claim 1 wherein to cause the first movement and the second movement, the control unit is configured to: simultaneously cause the first movement and the second movement (Section 0089). Regarding claim 22, DiMaio discloses a method for controlling a repositionable structure system comprising plurality of links coupled by a plurality of joints (Fig. 2A), the method comprising: determining a target pose of a system portion of a computer-assisted system, the target pose of the system portion comprising at least one parameter (section 0032-0033, 0101, 0137) selected from the group consisting of: a target position of the system portion and a target orientation of the system portion (section 0032-0033, 0101, 0137); determining a current pose of the system portion, the current pose of the system portion (Section 0137) comprising at least one parameter selected from the group consisting of: a current position of the system portion and a current orientation of the system portion (Section 0137); determining a motion for the repositionable structure system based on a difference between the target pose and the current pose (section 0029, 0137), the motion including a first motion component 308 in a first linear or rotational direction (sections 0104-0105, 0108); determining a partitioning of the first motion component 308 into a plurality of partitions (section 0104, 0105, 0108), wherein each of the plurality of partition corresponds to a portion of the motion in the first linear or rotational direction (section 0104-0105, 0108), a first partition of the plurality of partitions is associated with a first joint set of the plurality of joints, and a second partition of the plurality of partitions is associated with a second joint set of the plurality of joints, the first joint set differing from the second joint set (Section 0168-0169); and causing a first movement of the first joint set to achieve the first partition and a second movement of the second joint set to achieve the second partition (section 0168-0169). Regarding claim 25 DiMaio discloses the method of claim 22, wherein causing the first movement and the second movement comprises performing at least one action selected from the group consisting of: commanding an actuator system to move the first joint set and the second joint set (section 0138); outputting a first prompt perceivable by an operator of the computer-assisted system, the first prompt prompting the operator to move the first joint set to achieve the first partition; and outputting a second prompt perceivable by the operator, the second prompt prompting the operator to move the second joint set to achieve the second partition (section 0168-0169). Regarding claim 26, DiMaio discloses the method of claim 22, wherein the first joint set consists of a single joint of the plurality of joints 148A-F (Fig. 2A, sections 0083-0084); or the second joint set 142A-C comprises multiple joints of the plurality of joints (Fig.2A, sections 0081-0082). Regarding claim 27, DiMaio discloses the method of claim 22, wherein determining the partitioning of the first motion component 308 into the plurality of partitions comprises: determine a set of constraints associated with moving the system portion in the first linear or rotational direction (sections 0104-0105, 0108, 0137); and determine the partitioning based on the set of constraints (section 0167-0169). Regarding claim 28, DiMaio discloses the method of claim 27, wherein determining the partitioning based on the set of constraints comprises: compute one or more values of one or more cost functions associated with one or more partitioning candidates that satisfy the set of constraints (Section 0154); and select the partitioning based on the one or more values (Section 0168-0169); wherein the one or more cost functions comprise at least one cost function selected from the group consisting of: a cost function associated with a displacement of a joint of the first joint set or the second joint set to a center of a range of motion associated with the joint (Section 0137, 0154); a cost function associated with a manipulability of a link of the plurality of links (Section0137, 0154); and a cost function associated with a bandwidth of a joint of the first joint set or the second joint set (section 0137, 0154). Regarding claim 32, DiMaio discloses the method of claim 27, wherein the set of constraints comprises at least one constraint selected from the group consisting of: an average of a plurality of constraints, a least restrictive constraint of the plurality of constraints, and a most restrictive constraint of the plurality of constraints (section 0137); and different constraints of the plurality of constraints are associated with different system portions of the computer-assisted system (section 0233). Regarding claim 33, DiMaio discloses the method of claim 22, wherein the target pose of the system portion is a pose that separates an object pose of an object in an operating environment containing the repositionable structure system from the system portion by a target separation (section 0032-0033), the target separation comprising a target linear displacement or a target angular displacement (Section 0222). an environmental feature of an operating environment containing the repositionable structure system (Fig. 2A, section 0080); an operating mode of the computer-assisted system (Fig. 3, section 0102); an operating condition of the computer-assisted system (Fig. 3); a status of an operator of the computer-assisted system (Fig. 3, section 0103); and an automatically determined operator preference (section 0103). Regarding claim 43, DiMaio discloses One or more non-transitory machine-readable media comprising a plurality of machine-readable instructions which when executed by one or more processors are adapted to cause the one or more processors to perform a method for a repositionable structure system 104, the repositionable structure system comprising a plurality of links 146A-F coupled by a plurality of joints 148A-F (Fig. 2A, section 0083); and a control unit 300 communicably coupled to the repositionable structure system (Fig. 3, Section 0102), wherein the control unit is configured to: determine a target pose of a system portion of the computer-assisted system, the target pose of the system portion comprising at least one parameter selected from the group consisting of: a target position of the system portion and a target orientation of the system portion (section 0032-0033, 0101, 0137), determine a current pose of the system portion, the current pose of the system portion comprising at least one parameter selected from the group consisting of: a current position of the system portion and a current orientation of the system portion (Section 0137), determine a motion for the repositionable structure system based on a difference between the target pose and the current pose (section 0029, 0137), the motion including a first motion component 308 in a first linear or rotational direction (sections 0104-0105, 0108), determine a partitioning of the first motion component 308 into a plurality of partitions, wherein each of the plurality of partition corresponds to a portion of the motion in the first linear or rotational direction (section 0104-0105, 0108), a first partition of the plurality of partitions is associated with a first joint set of the plurality of joints (Section 0168), and a second partition of the plurality of partitions is associated with a second joint set of the plurality of joints, the first joint set differing from the second joint set (section 0169), and cause a first movement of the first joint set to achieve the first partition and a second movement of the second joint set to achieve the second partition (Section 0168-0169). Response to Arguments Applicant's arguments filed 9/9/2026 have been fully considered but they are not persuasive. Examiner after further review and consideration finds that DiMaio discloses determine a motion for the repositionable structure system based on a difference between the target pose and the current pose (section 0029, 0137), the motion including a first motion component 308 in a first linear or rotational direction (sections 0104-0105, 0108, The pose sensors 308 can include a combination of pressure sensors, torque sensors, force sensors, position sensors, velocity sensors, accelerometers, rotary encoders, linear encoders, and other appropriate sensors to determine position and orientation of links and joints in the surgical manipulator assembly), and determine a partitioning of the first motion component 308 into a plurality of partitions, wherein each of the plurality of partition corresponds to a portion of the motion in the first linear or rotational direction (section 0104-0105, 0108, Using actual joint motion information from the pose sensors 308, e.g., data indicative of the joint states of the joints of the controllable arm 106, the processor 302 can determine a pose of the distal portion 159 (or an item supported by the remotely controllable arm such as a cannula 150 or a surgical tool 134). Joint torques, forces, velocities, orientations, and/or positions optionally are transmitted to the processor 302 such that the processor 302 can determine the motion of the distal portion). 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 JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST. 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, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JON ERIC C MORALES/Primary Examiner, Art Unit 3796 /J.C.M/Primary Examiner, Art Unit 3796
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Prosecution Timeline

Aug 09, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102
Jul 28, 2026
Applicant Interview (Telephonic)
Jul 28, 2026
Examiner Interview Summary
Sep 09, 2026
Response Filed
Oct 13, 2026
Final Rejection mailed — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
95%
With Interview (+10.0%)
2y 7m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1271 resolved cases by this examiner. Grant probability derived from career allowance rate.

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