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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 10-11, 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shelton (US 20220238235 A1).
Regarding claim 1, Shelton teaches an apparatus for generating motion control data for a robot (para 0263, 0294 wherein a surgical system is provided), comprising:
input interface circuitry configured to:
receive first input data indicative of a target motion to be performed by a robot arm of the robot relative to a first user (0294-0295 wherein target motion of the robot arm during surgery is provided; “[0295] The microcontroller 20221 may be programmed to provide precise control over the speed and position of displacement members and articulation systems”); and
receive second input data indicative of a breathing motion pattern of a second user (0320 wherein the surgeon’s respiratory rate is received; “The surgeon sensing systems may include sensing systems for measuring one or more biomarkers associated with the surgeon, for example, heart rate, sweat composition, respiratory rate, etc. The environmental sensing system may include systems for measuring one or more of the environmental attributes, for example, cameras for detecting a surgeon's position/movements/breathing pattern”);
processing circuitry configured to:
modify the target motion based on the breathing motion pattern (0236, 0320 wherein the control algorithm that includes arm motion is modified based on surgeon’s respiratory rate; ” The surgical hub 20006, alone or in communication with the cloud computing system, may use the surgeon biomarker measurement data and/or environmental sensing information to modify, the control algorithms of hand-held instruments or the averaging delay of a robotic interface, for example, to minimize tremors”; “The surgeon sensing systems may include sensing systems for measuring one or more biomarkers associated with the surgeon, for example, heart rate, sweat composition, respiratory rate, etc. The environmental sensing system may include systems for measuring one or more of the environmental attributes, for example, cameras for detecting a surgeon's position/movements/breathing pattern”); and
generate the motion control data, wherein the motion control data are indicative of the modified target motion; and output interface circuitry configured to output the motion control data (Fig. 2A, 5, para 0227, 0236, 0320 wherein the modified control algorithm is generated and output to the surgical robot system”).
Regarding claim 5, Shelton teaches wherein the processing circuitry is configured to modify the target motion by convolving the target motion and the breathing motion pattern (0236, 0320 wherein the control algorithm that includes arm motion is modified by factoring in or convolving surgeon’s respiratory rate; ” The surgical hub 20006, alone or in communication with the cloud computing system, may use the surgeon biomarker measurement data and/or environmental sensing information to modify, the control algorithms of hand-held instruments or the averaging delay of a robotic interface, for example, to minimize tremors”; “The surgeon sensing systems may include sensing systems for measuring one or more biomarkers associated with the surgeon, for example, heart rate, sweat composition, respiratory rate, etc. The environmental sensing system may include systems for measuring one or more of the environmental attributes, for example, cameras for detecting a surgeon's position/movements/breathing pattern”)
Regarding claim 10, Shelton teaches wherein the first input data indicate at least one of a type of the target motion, a duration of the target motion and a target force to be applied on the first user by the robot arm (para 0295-0296, 0307-0308 wherein the force applied to patient is part of the control algorithm; “[0295] The microcontroller 20221 may be programmed to provide precise control over the speed and position of displacement members and articulation systems”; “[0308] The measurements of the tissue compression, the tissue thickness, and/or the force required to close the end effector on the tissue, as respectively measured by the sensors 20226, 20227, can be used by the microcontroller 20221 to characterize the selected position of the firing member and/or the corresponding value of the speed of the firing member”).
Regarding claim 11, Shelton teaches all the limitations of claim 1 including output interface circuitry is further configured to output second motion control data indicative of the breathing motion pattern (para 0283, 0356 wherein surgeon biomarker including breathing motion pattern is output to the display; “[0283] The sensing system 20069 may be connected to a human interface system 20115. The human interface system 20115 may be a touch screen display. The human interface system 20115 may include a human interface display for displaying information associated with a surgeon biomarker and/or a patient biomarker, display a prompt for a user action by a patient or a surgeon, or display a notification to a patient or a surgeon indicating information about a recovery millstone or a complication”; “The sensing systems 20336 may be used to measure and/or monitor, in real-time, various biomarkers associated with a surgeon performing a surgical procedure or a patient on whom a surgical procedure is being performed”).
Regarding claim 16, Shelton teaches a robot (Fig 2A), comprising:
a robot arm (Fig 2A, para 0227);
input interface circuitry configured to receive motion control data indicative of a target motion to be performed by the robot arm relative to a first user, wherein the target motion correlates with a breathing motion pattern of a second user (0236, 0320 wherein the robot system interface receives control algorithm that includes arm motion is modified based on surgeon’s respiratory rate; ”The surgical hub 20006, alone or in communication with the cloud computing system, may use the surgeon biomarker measurement data and/or environmental sensing information to modify, the control algorithms of hand-held instruments or the averaging delay of a robotic interface, for example, to minimize tremors”; “The surgeon sensing systems may include sensing systems for measuring one or more biomarkers associated with the surgeon, for example, heart rate, sweat composition, respiratory rate, etc. The environmental sensing system may include systems for measuring one or more of the environmental attributes, for example, cameras for detecting a surgeon's position/movements/breathing pattern”); and
control circuitry configured to control movement of the robot arm based on the target motion (Fig 2A, 5, 7A para 0227 wherein the robotic system comprises control circuits to control movement of surgical instruments according to control algorithm; “[0291] FIG. 7A illustrates a logical diagram of a control system 20220 of a surgical instrument or a surgical tool in accordance with one or more aspects of the present disclosure”).
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.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 20220238235 A1) in view of Kostrzewski (US 20180110573 A1).
Regarding claim 9, Shelton teaches all the limitations of claim 1. However, Shelton fails to teach the input interface circuitry is further configured to receive fifth input data indicative of at least one of a motion of the first user, a position of the first user, a counterforce of the first user against the robot arm and settings of the first user, and wherein the processing circuitry is further configured to modify the target motion based on the fifth input data.
Kostrzewski teaches to receive input data indicative of at least one of a motion of the first user, a position of the first user, a counterforce of the first user against the robot arm and settings of the first user, and wherein the processing circuitry is further configured to modify the target motion based on the fifth input data (para 0028 wherein the target motion is modified based on patient movement and position; “In addition, in certain embodiments, the surgical robot may also change its position and automatically position itself based on trajectories calculated from the real time patient and robotic arm positions captured using the tracking detector. For instance, the trajectory of the end-effector can be automatically adjusted in real time to account for movement of the vertebrae or other part of the patient during the surgical procedure”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Shelton’s teachings of having a input circuitry to receive input data and modifying the target motion of the surgical robot to incorporate Kostrzewski’s teachings to modify the target motion based on the patient movement/position data in order to continuously adapt the target motion according to changes in operating condition including patient movement.
Regarding claim 18, Shelton teaches all the limitations of claim 1. However, Shelton fails to teach the input interface circuitry is further configured to receive fifth input data indicative of at least one of a motion of the first user, a position of the first user, a counterforce of the first user against the robot arm and settings of the first user, and wherein the control circuitry is further configured to control the movement of the robot arm based on the first input data.
Kostrzewski teaches to receive input data indicative of at least one of a motion of the first user, a position of the first user, a counterforce of the first user against the robot arm and settings of the first user, and wherein the control circuitry is further configured to control the movement of the robot arm based on the first input data. (para 0028 wherein the target motion is modified based on patient movement and position; “In addition, in certain embodiments, the surgical robot may also change its position and automatically position itself based on trajectories calculated from the real time patient and robotic arm positions captured using the tracking detector. For instance, the trajectory of the end-effector can be automatically adjusted in real time to account for movement of the vertebrae or other part of the patient during the surgical procedure”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Shelton’s teachings of having a input circuitry to receive input data and modifying the target motion of the surgical robot to incorporate Kostrzewski’s teachings to modify the target motion based on the patient movement/position data in order to continuously adapt the target motion according to changes in operating condition including patient movement.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 20220238235 A1) in view of Egorov (US 20170042626 A1).
Regarding claim 12, Shelton teaches all the limitations of claim 1 including input and output interface circuitry. However, Shelton fails to teach wherein the input interface circuitry is further configured to receive sixth input data indicative of a target temperature to be regulated on by a heating device of the robot, and wherein the output interface circuitry is further configured to output temperature control data indicative of the target temperature.
Egorov teaches receive data indicative of a target temperature to be regulated on by a heating device of the robot (para 0046 wherein “The sensor array can be assembled on a cylindrical body (see cylinder within the scanhead in FIG. 1C) with diameter about 8 mm and length of about 7.0 mm. Sensor array temperature will be maintained at 36±0.5° C. with the use of micro-heater 109 and temperature sensor 108 (FIG. 1C) to eliminate the temperature dependence of tactile sensor readings”; Examiner notes that program for maintaining temperature indicates that the target temperature is received by the control software).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Shelton’s teachings of having a input circuitry and output interface circuitry to incorporate Egorov’s teachings to receive data indicative of a target temperature to be regulated on by a heating device of the robot in order to have the input interface circuitry configured to receive input data indicative of a target temperature to be regulated on by a heating device of the robot, and wherein the output interface circuitry is configured to output temperature control data indicative of the target temperature. Doing so would ensure proper sensor reading and eliminate temperature dependence of sensor using input and output interface circuits to communicate control information.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 20220238235 A1) in view of Farahmand (US 20160249993 A1).
Regarding claim 15, Shelton teaches all the limitations of claim 1 including target motion. However, Shelton fails to teach wherein the target motion is a measured motion of the second user.
Farahmand teaches wherein the target motion is a measured motion of the second user (para 0047 wherein “Further, the activating mechanism of exemplar tool adapting devices according to the present application can, according to various aspects, be configured to activate the grasp, roll, pitch, and yaw DOFs of the laparoscopic surgical instruments by imitating manipulating movements of a surgeon's hand”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Shelton’s teachings of having a surgical robot system that applies target motion to incorporate Farahmand’s teachings of wherein the target motion is a measured motion of the second user in order to allow the surgical robot to conduct medical procedure according to the movements taught by the surgeon.
Allowable Subject Matter
Claims 2-4, 6-8, 13-14, 17 and 19-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAGAR KC whose telephone number is (571)272-7337. The examiner can normally be reached M-F 8:30 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at (571) 270-5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAGAR KC/Examiner, Art Unit 3657
/ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657