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
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.
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.
Claim(s) 1, 3-4, 6-7 & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dimaio et al. (US 2018/052796) in view of Reiter et al. (WO 2014/093824) and further in view of Zhao et al. (WO 2009/045827).
A surgical platform positioning system, comprising a positioning module, a plurality of surgical platforms, and at least one pose acquisition module…
E.G. Dimaio discloses surgical system 100 including moveable surgical-manipulator assembly 104, positioning-indicator system 304, sensor system 306, and processor/control system 300 for directing repositioning and controlling the surgical manipulator.
Dimaio does not expressly disclose the claimed plurality of surgical platforms.
Reiter teaches patient-side hardware containing multiple robotic manipulator arms and simultaneously tracking multiple robotic surgical tools associated with respective patient-side manipulators ([0029]-[0031]).
It would have been obvious to employ Dimaio’s positioning system with multiple surgical manipulators, as taught by Rieter, to permit simultaneous use and tracking of multiple robotic manipulators during a surgical procedure.
…wherein the at least one pose acquisition module comprises a plurality of pose acquisition modules configured to be respectively mounted on a plurality of to-be-measured object…
E.G. Dimaio discloses pose sensors 308 associated with components of the surgical manipulator for generating pose signals and providing pose data to processor 302.
E.G. Zhao further teaches robotic instruments, robotic arms, and setup joints having respective displacement transducers, positional sensors, and/or orientation sensors for acquiring and tracking robotic-instrument poses [0037].
Therefore, it would have obvious to provide respective pose sensors on Reiter’s multiple robotic manipulators using Zhao’s known sensor arrangement to separately acquire pose information for each manipulator.
…wherein the at least one pose acquisition module is configured to acquire initial pose information of the plurality of to-be-measured objects and send the initial pose information to the positioning module…
E.G. Dimaio discloses pose data including initial poses of the base, joints, links, distal portion, and surgical tool, with signals from pose sensors 308 supplied to processor 302.
E.G. Zhao similarly teaches that kinematic information generated by the positional and orientation sensors is reported to the robotic system and image-guided-surgery system [0037].
The combined system therefore acquires and communicates initial pose information for the respectively tracked robotic manipulators.
…wherein the plurality of to-be-measured objects comprises the plurality of surgical platforms…
E.G. Reiter teaches multiple patient-side surgical manipulators, including multiple robotic arms and associated tools, that are simultaneously identified and tracked ([0029]-[0031]).
Note: Applying Dimaio’s pose-sensing arrangement to each of Reiter’s patient-side manipulators would have predictably provided pose information for the plurality of surgical manipulators/platforms.
…wherein the positioning module is configured to receive the initial pose information…and determine target pose information of each of the plurality of to-be-measured objects in a same space based on the initial pose information…
E.G. Dimaio discloses processor 302 receiving pose-sensor signals and controlling the robotic arm to maintain a desired position and orientation during repositioning.
E.G. Zhao teaches adaptively fusing visual and kinematic information for first and second robotic instruments 1610L and 1610R, aligning both instruments in common camera coordinate system 1605, and automatically or manually guiding the instruments based on their determined positions ([0204]-[0206]).
It would have been obvious to express the respective poses of Reiter’s multiple surgical manipulators in Zhao’s common coordinate system and determine desired or target poses therein to enable accurate and coordinated positioning within the shared surgical workspace.
A person of ordinary skill would have been motivated to modify Dimiao’s positioning system using Reiter’s simultaneous multi-manipulator tracking and Zhao’s respective pose sensors and common-coordinate localization to permit accurate positioning and coordinated operation of multiple surgical manipulators in the same surgical workspace. The modification represents the predictable use of known pose-sensing and multi-object tracking techniques according to their established functions, with a reasonable expectation of improving positioning accuracy and surgical coordination.
Claim 3.
Unpatentable over Dimaio in view of Reiter and Zhao for the reasons applied to claim 1 and further as follows:
…the plurality of to-be-measured objects comprise the plurality of surgical platforms only…
E.G. Dimaio teaches first and second bases respectively connected to first and second remotely controllable surgical arms and separately repositionable by the positioning system.
E.G. Reiter further teaches multiple patient-side robotic manipulators and simultaneously tracks their associated tools ([0029]-[0031]).
Under BRI, each independently positionable base, arm, and supported surgical tool constitutes a surgical platform.
…acquire initial pose information of each of the plurality of surgical platforms…
E.G. Dimaio teaches pose data 508 including initial poses of the base, arm joints, links, distal portion, and surgical tool, with pose sensors 308 generating corresponding signals.
Note: Applying Dimaio’s pose sensing arrangement to each disclosed surgical platform would predictably acquire the initial pose of each platform.
…determine the target pose information of each…in the same space…
E.G. Dimaio determines target base poses and may direct repositioning based on the pose of a first robotic arm relative to a second robotic arm.
E.G. Zhao teaches determining the positions of first and second robotic instruments and aligning both within common camera coordinate system 1605 ([0205]-[0206]).
It would have been obvious to determine the target pose of each surgical platform in Zhao’s common coordinate system to permit coordinate system to permit coordinated positioning within the shared surgical workspace.
Claim 4.
Unpatentable over Dimaio in view of Reiter and Zhao for the reasons applied to claim 1 and further as follows:
…the plurality of to-be-measured objects further comprise the positioning module…
E.G. Dimaio’s processor 302 and positioning-indicator system 304 constitute the positioning module.
E.G. Zhao teaches a tracking/positioning system operating relative to a camera coordinate system ([0205]-[0206]).
…the positioning module comprises a positioning unit and a first reference unit…
Under BRI, Dimaio’s processor 302 constitutes the positioning unit, while its reference point 162 or associated reference frame constitutes the first reference.
E.G. Zhao alternatively teaches the camera and its associated camera coordinate system as as a physical reference arrangement.
…acquire initial pose information of the first reference unit and…each of the plurality of surgical platforms…
E.G. Dimaio acquires initial pose information for the base, joints, links, distal portion and surgical tool and maintains those components relative to a reference point or reference frame.
E.G. Zhao transforms and aligns tracked surgical objects relative to the camera coordinate system ([0194], [0205]-[0206]).
…determine…target pose information of each surgical platform in a coordinate system established based on the initial pose information of the first reference unit…
E.G. Zhao teaches translating tracked information into camera coordinate system 1605 and aligning multiple instruments within the system.
It would have been obvious to establish a common coordinate system from a known reference-unit pose and express the target poses if the surgical platforms therein, because doing so permits consistent localization and coordinated positioning.
Claim 6.
Unpatentable over Dimaio in view of Reiter and Zhao for the reasons applied to claim 1 and further as follows:
…wherein, in response to the plurality of to-be-measured objects comprising the plurality of surgical platforms only, a surgical platform among the plurality of surgical platforms is taken as a reference object, and initial pose information of the reference object is used to determine a reference coordinate point…
E.G. Dimaio teaches determining the poses of first and second robotic arms/bases and positioning one arm relative to another arm and respective references.
E.G. Zhao teaches aligning first and second robotic instruments within the same camera coordinate system 1605 ([0205]-[0206]).
It would have been obvious to select one or the surgical platforms as the reference object and express the pose of the remaining platform relative thereto. Selecting one tracked object as the coordinate origin as a predictable coordinate system implementation yielding the same relative-pose information.
…wherein, in response to the plurality of to-be-measured objects further comprising the positioning module, the positioning module is taken as the reference object, and initial pose information of the reference object is used to determine the reference coordinate point…
E.G. Zhao teaches using the camera/tool-tracking system as the reference for camera coordinate system 1605 and aligning the tracked robotic instruments within the coordinate system ([0205]-[0206]).
Under BRI, Zhao’s camera/tracking system corresponds to the claimed positioning-module reference object because it establishes the coordinate frame in which the respective poses are determined.
It would have been obvious to establish the coordinate origin at the positioning/tracking module to simplify transformation and comparison of the poses received from multiple surgical platforms.
Claim 7.
Unpatentable over Dimaio in view of Reiter and Zhao for the reasons applied to claim 1 and further as follows:
…wherein the plurality of to-be-measured objects further comprise a second reference unit…
E.G. Dimaio teaches determining platform, arm, and tool poses relative to a reference frame and further teaches first and second references for respective robotic arms.
E.G. Reiter teaches a calibrate stereo-camera system and an endoscopic robotic arm used to track multiple patient-side manipulators ([0030]-[0031]).
E.G. Zhao teaches a camera-based reference coordinate system in which multiple robotic instruments are localized ([0205]-[0206]).
Note: The calibrated camera/reference-frame component reasonably corresponds to the claimed second reference unit.
…the at least one pose acquisition module comprises the plurality of pose acquisition modules are respectively mounted on the plurality of to-be-measured objects in a fixed manner…
E.G. Dimaio teaches pose sensors positioned on the surgical-manipulator assembly and base for generating signals indicative of their poses.
E.G. Zhao teaches robotic instruments, robotic arms, and setup joints having respective displacement transducers, positional sensors, and/or orientation sensors for pose acquisition and tracking [0037].
Under BRI, sensors attached to and operating with the respective robotic components constitutes sensors mounted in a fixed manner during pose acquisition.
…the plurality of pose acquisition modules are configured to acquire initial pose information of the second reference unit and initial pose information of each of the plurality of surgical platforms…
E.G. Dimaio teaches pose data including the initial poses of the base, joints, links, distal portion, and surgical tool, with pose sensors generating corresponding signals.
E.G. Reiter teaches respectively associating detected pose features with multiple patient-side manipulators and tracking the manipulator over time ([0029]-[0031]).
E.G. Zhao teaches acquiring pose information from multiple sensed robotic components and reporting that information to the robotic and tracking systems([0037].
…the positioning module is configured to determine target pose information of the second reference unit and each of the plurality of surgical platforms in the same space…
E.G. Dimaio teaches determining target base poses and controlling first and second robotic arms/bases relative to respective references.
E.G. Zhao teaches aligning the first and second robotic instruments and the reference image within camera coordinate system 1605 and guiding the instruments based on their determined positions ([0205]-[0206]).
It would have been obvious to determine the reference-unit and platform poses within Zhao’s common coordinate system to permit accurate comparison and coordinated positioning of the surgical equipment.
Claim 9.
…each surgical platform comprises a platform body, a platform mechanical arm, and a surgical instrument; and the pose-acquisition module is mounted on the body, arm or instrument…
E.G. Dimaio discloses surgical manipulator assembly 104 comprising base 108, remotely controllable arm 106, surgical tool 134 and pose sensors associated with the assembly.
E.G. Zhao further teaches positional and orientation sensors disposed on robotic instruments, robotic arms, and setup joints for acquiring pose information [0037].
Accordingly, mounting the pose-acquisition module on the body, arm or instrument would have been an obvious selection among known sensor locations based on the component being tracked, with predictable results.
Allowable Subject Matter
Claims 2, 5, 8 & 10-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Dimaio, Rieter, and Zhao, alone or combined, fail to teach or suggest the claimed multi-sensor IMU processing, transferable pose-acquisition module and guide-groove locking arrangement, magnetic-field-threshold pose determination, real-time sensor fusion, or dual-IMU reliability analysis. Claims 12-13 and 15-16 are allowable by incorporation of claims 10 and 11, respectively. Claims 2, 5, and 8 contain allowable subject matter but depend from rejected claim 1.
Response to Arguments
Applicant’s arguments have been considered and are persuasive regarding Dimaio alone; therefore, the prior §102 rejection and the §101 rejection of claims 11 and 14-16 withdrawn.
However, the arguments do not overcome the new §103 rejection of claims 1, 3-4, 6-7 and 9 because Dimaio, combined with Reiter and Zhao, teaches or suggests multiple surgical maniupulators, respective pose sensing, and common-space target-pose determination, as set forth above. Claims 2, 5, 8 and 10-16 contain allowable subject matter for the reasons provided.
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 NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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.
/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796
Prosecution Insights