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 § 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.
Claim(s) 1-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luna (US 20210297560) in view of Dimitriadis (US 20120134507).
Regarding claim 1, Luna discloses system comprising:
a movable cart 510 (Fig. 5);
a mast (monitor stands for monitors 512 and 514) affixed to the movable cart (Fig. 5, section 0100-0101);
one or more robotic arms 506, each robotic arm associated with one or more rotating elements R1-R6, each rotating element associated with a respective sensor (rotational sensor) to detect angle information (Fig. 5, 34, section 0406);
a coupler 3450 affixed to a distal end of a robotic arm of the one or more robotic arms (Fig. 34, section 0412);
a digital surgical microscope 300 affixed to the coupler 3450 (Fig. 5, sections 0082, 0412) ;
a microphone device 1410 affixed to the mast (Fig. 41, section 0436);
a processor 4102 (Fig. 41, section 0428); and
memory 1570 storing computer-executable instructions that, when executed by the processor (Fig. 41, section 0428), causes the system to:
receive, via the respective sensor for each of the one or more rotating elements, an angle information for each rotating element (sections 0406, 0425, 0428);
determine, based on the angle information for each rotating element, a joint angle information for the digital surgical microscope (Section 0425);
determine, based on the joint angle information, a location of a head of the digital surgical microscope respective to the microphone device (sections 0425); and
activate, based on the location, a first channel of the plurality of channels associated with the plurality of directions, wherein first channel is associated with a first direction of the plurality of directions indicative of the location (sections 0425, 0436).
However, Luna does not specfically disclose wherein the microphone device comprises a plurality of channels associated with a plurality of directions. Dimitriadis discloses wherein the microphone device 16 comprises a plurality of channels associated with a plurality of directions (Fig. 2, section 0027). This allows for the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels associated with the plurality of directions wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Luna by adding the microphone device comprises a plurality of channels associated with a plurality of directions as taught by Dimitriadis in order to facilitate the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels associated with the plurality of directions wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system.
Regarding claim 2, Luna in view of Dimitriadis, specifically Dimitriadis discloses wherein the computer-executable instructions, when executed, further cause the system to:
deactivate, based on the location, remaining channels of the plurality of channels associated with the plurality of directions (section 0023, 0026-0027). This allows for the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels associated with the plurality of directions wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system.
Regarding claim 3, Luna in view of Dimitriadis, specifically Dimitriadis discloses wherein the computer-executable instructions, when executed, cause the system to determine the location of the head of the digital surgical microscope by:
determining, upon an initialization of the system, an initial location of the microscope (section 0016); activating, based on the initial location, an initial channel of the plurality of channels (section 0017); and generating, based on a comparison of the initial location to the location of the microscope, a distance vector of the microscope (section 0017, 0026-0027).
Regarding claim 4, Luna in view of Dimitriadis, specifically Dimitriadis discloses wherein the computer-executable instructions, when executed, cause the system to determine the location of the head of the digital surgical microscope by:
prior to activating the first channel, determining that the distance vector of the microscope satisfies a predetermined threshold (Section 0017); and
deactivating the initial channel of the plurality of channels, wherein the first channel is different from the initial channel (section 0026-0027).
Regarding claim 5, Luna in view of Dimitriadis, specifically Dimitriadis discloses wherein the computer-executable instructions, when executed, cause the system to determine the location of the head of the digital surgical microscope by:
determining that the distance vector of the microscope does not satisfy a predetermined threshold (section 0017), wherein the initial channel comprises the first channel, wherein the activating the first channel comprises maintaining the activation of the initial channel (section 0026-0027).
Regarding claim 8, Luna in view of Dimitriadis, specifically Luna discloses system of claim 1, wherein the microphone device further comprises
an output module for converting voice commands filtered through one or more of the plurality of channels into digital signals (Section 0436).
Regarding claim 9, Luna in view of Dimitriadis, specifically Luna discloses system of claim 8, wherein the computer-executable instructions, when executed, further cause the system to:
receive, via the output module of the microphone device, a digital signal corresponding to a voice command (Section 0436);
identifying, based on the digital signal, the voice command as a microscope movement command (Section 0436); and
causing the digital surgical microscope to execute the microscope movement command (section 0445-0446).
Regarding claim 10, Luna in view of Dimitriadis, specifically Luna discloses system of claim 9, wherein the microscope movement command comprises one or more of:
an X-Y movement command along a field of view (Section 0445);
a lock-to-target command within the field of view;
a Z-axis movement command towards or away from the field of view (section 0445); or
a yaw movement command
Regarding claim 11, Luna in view of Dimitriadis, specifically Luna discloses system of claim 8, wherein the computer-executable instructions, when executed, further cause the system to:
receive, via the output module of the microphone device, a digital signal corresponding to a voice command (section 0436);
identifying, based on the digital signal, the voice command as one of:
a focus command;
an autofocus command; a zoom command;
a white light intensity command;
a toggle command;
a snapshot command;
an image and/or color adjustment command; an image scrolling command; a recording command;
a bookmark command; or
a hyperspectral imaging command (Section 0247, 0255-0256); and
causing the digital surgical microscope to execute the voice command (Section 0247, 0255-0256).
Regarding claim 12, Luna in view of Dimitriadis, specifically Luna discloses system of claim 8, wherein the hyperspectral imaging command is one or more of:
a toggle command for near infrared imaging; a playback command for the NIR imaging;
a light control command for the NIR imaging (section 0247, 0255-0256);
a toggle command for near ultraviolent (NUV) imaging;
a playback command for the NUV imaging;
a light control command for the NUV imaging (section 0247, 0255-0256);
a toggle command for fluorescence imaging;
a playback command for the fluorescence imaging;
a light control command for the fluorescence imaging;
a toggle command for processing-in-pixel (PIP); or
a swap sources command.
Regarding claim 13, Luna discloses a method of controlling microphone directionality in a surgical environment, the method comprising:
receiving, by a computing device having a processor (Fig. 41, section 0428), via a respective sensor for each of one or more rotating elements R1-R6 of each of one or more robotic arms 506 connecting a digital surgical microscope 300 to the computing device, an angle information for each rotating element (sections 0406, 0425, 0428);
determining, by the computing device, based on the angle information for each rotating element, a joint angle information for the digital surgical microscope (Section 0425);
determining, based on the joint angle information, a location of a head of the digital surgical microscope respective to a microphone device (sections 0425); and
activating, based on the location, a first channel of the microphone device (sections 0425, 0436).
However, Luna does not specfically disclose wherein the microphone device comprises a plurality of channels.
Dimitriadis discloses wherein the microphone device 16 comprises a plurality of channels associated (Fig. 2, section 0027). This allows for the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Luna by adding the microphone device comprises a plurality of channels associated with a plurality of directions as taught by Dimitriadis in order to facilitate the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels wherein the first channel is of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system.
Regarding claim 14, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 13, wherein
the plurality of channels of the microphone device are associated with a respective plurality of directions, wherein the first channel is associated with a first direction of the plurality of directions (section 0017, 0026-0027).
Regarding claim 15, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 13, further comprising:
deactivating, based on the location and responsive to the activation of the first channel, remaining channels of the plurality of channels of the microphone device (section 0023, 0026-0027).
Regarding claim 16, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 13, further comprising:
determining, upon an initialization of the system, an initial location of the microscope (section 0016);
activating, based on the initial location, an initial channel of the plurality of channels (section 0017, 0026-0027); and
generating, based on a comparison of the initial location to the location of the microscope, a distance vector of the microscope (section 0017).
Regarding claim 17, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 16, wherein determining the location of the head of the digital surgical microscope comprises:
prior to activating the first channel, determining that the distance vector of the microscope satisfies a predetermined threshold (section 0017); and
deactivating the initial channel of the plurality of channels, wherein the first channel is different from the initial channel (section 0017, 0026-0027).
Regarding claim 18, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 16, wherein determining the location of the head of the digital surgical microscope comprises:
determining that the distance vector of the microscope does not satisfy a predetermined threshold, wherein the initial channel comprises the first channel, wherein the activating the first channel comprises maintaining the activation of the initial channel (section 0017, 0026-0027).
Regarding claim 21, Luna in view of Dimitriadis, specifically Luna discloses method of claim 13, further comprising:
receiving, via the microphone device, a digital signal corresponding to a voice command (section 0436);
identifying, based on the digital signal, the voice command as a microscope movement command (section 0436); and
causing the digital surgical microscope to execute the microscope movement command (section 0445-0446).
Regarding claim 22, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 21, wherein the microscope movement command comprises one or more of:
an X-Y movement command along a field of view (section 0445);
a lock-to-target command within the field of view;
a Z-axis movement command towards or away from the field of view (Section 0445); or
a yaw movement command.
Regarding claim 23, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 13, further comprising:
receiving, via the microphone device, a digital signal corresponding to a voice command (section 0436);
identifying, based on the digital signal, the voice command as one of:
a focus command;
an autofocus command;
a zoom command;
a white light intensity command;
a toggle command;
a snapshot command;
an image and/or color adjustment command;
an image scrolling command;
a recording command;
a bookmark command; or
a hyperspectral imaging command (section 0247, 0255-0256); and
causing the digital surgical microscope to execute the voice command (section 0247, 0255-0256).
Regarding claim 24, Luna in view of Dimitriadis, specifically Dimitriadis discloses method of claim 23, wherein the hyperspectral imaging command is one or more of:
a toggle command for near infrared imaging;
a playback command for the NIR imaging;
a light control command for the NIR imaging (Section 0247, 0255-0256);
a toggle command for near ultraviolent (NUV) imaging;
a playback command for the NUV imaging;
a light control command for the NUV imaging (Section 0247, 0255-0256);
a toggle command for fluorescence imaging;
a playback command for the fluorescence imaging;
a light control command for the fluorescence imaging;
a toggle command for processing-in-pixel (PIP); or
a swap sources command.
Regarding claim 25, Luna discloses a non-transitory computer readable medium storing instructions that, when executed by a processor (Fig. 41, section 0428), cause the processor to perform steps comprising:
receiving, from a respective sensor for each of one or more rotating elements R1-R6 of each of one or more robotic arms 506 connecting a digital surgical microscope 300 (Fig. 5, sections 0082, 0412) to the computing device, an angle information for each rotating element (sections 0406, 0425, 0428);
determining, based on the angle information for each rotating element, a joint angle information for the digital surgical microscope 300 (Section 0425);
determining, based on the joint angle information, a location of a head of the digital surgical microscope respective to a microphone device (Section 0425);
activating, based on the location, a first channel (sections 0425, 0436).
However, Luna does not specfically disclose wherein the microphone device comprises a plurality of channels associated with a plurality of directions and deactivating, based on the location, remaining channels of the plurality of channels of the microphone device. Dimitriadis discloses wherein the microphone device 16 comprises a plurality of channels associated with a plurality of directions (Fig. 2, section 0027) and deactivating, based on the location, remaining channels of the plurality of channels of the microphone device (Section 0026-0027).
This allows for the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels associated with the plurality of directions wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Luna by adding the microphone device comprises a plurality of channels associated with a plurality of directions as taught by Dimitriadis in order to facilitate the system to determine the location of a device near the primary user respective to the microphone device and activate based on the location a first channel of the plurality of channels associated with the plurality of directions wherein the first channel is associated with the first direction of the plurality of direction indicative of the location to better emphasize speech from the primary user of the system of a plurality of channels of the microphone device, wherein the plurality of channels of the microphone device are associated with a respective plurality of directions, wherein the first channel is associated with a first direction of the plurality of directions
Regarding claim 26, Luna in view of Dimitriadis, specifically Luna discloses the non-transitory computer readable medium of claim 25, wherein the instructions, when executed by the processor, further cause the processor to perform steps comprising:
receiving, via the microphone device, a digital signal corresponding to a voice command (section 0436);
identifying, based on the digital signal, the voice command as a microscope movement command (Section 0436); and
causing the digital surgical microscope to execute the microscope movement command (Section 0436).
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luna (US 20210297560) in view of Dimitriadis (US 20120134507), and further in view of Herbig (US 20140337016).
Luna in view of Dimitriadis discloses the invention substantially as claimed however does not show determining, based on the location of the head of the digital surgical microscope, a proximity of the digital surgical microscope to the microphone device; and adjusting, based on the proximity, a gain of the microphone device.
Herbig discloses determining, based on the location of the head of the digital surgical microscope (section 0014), a proximity of the digital surgical microscope to the microphone device (Section 0015-0016); and adjusting, based on the proximity, a gain of the microphone device (Section 0018, 0090). This allows for automatically adjust the gain of the microphone as the user and digital surgical microscope move during a surgical procedure. Therefore it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the of device of Luna in view of Dimitriadis by adding determining, based on the location of the head of the digital surgical microscope, a proximity of the digital surgical microscope to the microphone device; and adjusting, based on the proximity, a gain of the microphone device as taught by Herbig in order to facilitate automatically adjust the gain of the microphone as the user and digital surgical microscope move during a surgical procedure.
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luna (US 20210297560) in view of Dimitriadis (US 20120134507) and further in view of Morton et al. (US 20180226085).
Luna in view of Dimitriadis discloses the invention substantially as claimed however does not show filtering, via a low pass and high pass filter, an audio signal received from the first channel to increase a signal to noise ratio (SNR); and modify one or more equalizers of the microphone device to isolate a voice command associated with the audio signal.
Morton discloses filtering, via a low pass and high pass filter 411 (Fig. 4A, section 0070, 0074), an audio signal received from the first channel to increase a signal to noise ratio (SNR) (Fig. 4A, section 0058); and modify one or more equalizers 460 of the microphone device to isolate a voice command associated with the audio signal (Fig.4a, section 0090-0091). This allows for filtering out of unwanted noise from the audio signal. Therefore it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device and method of Luna in view of Dimitriadis by adding filtering, via a low pass and high pass filter, an audio signal received from the first channel to increase a signal to noise ratio (SNR); and modify one or more equalizers of the microphone device to isolate a voice command associated with the audio signal as taught by Morton in order to facilitate filtering out of unwanted noise from the audio signal.
Conclusion
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.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796
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