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) 32, 34-52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jare et al. (US 20190090969), cited previously.
Regarding claim 32, Jare discloses a robot-assisted medical system 10, 800 comprising:
a manipulator arm 510 (Figs. 5A, section 0051).
an operator console 16 (Fig. 5A, section 0050);
a medical instrument 512 coupled to the manipulator arm 510 (Fig. 5B, section 0052); and
a control system 24,56 in communication with the operator console 16 and the manipulator arm 510 (Figs. 1, 3-4, 8, section 0043), wherein the control system comprises:
a processor 58 (Figs. 4, 8, section 0043, Computer processors located on the electronics cart 24); and
a memory 830 comprising machine readable instructions that, when executed by the processor, cause the control system to:
receive a plurality of medical procedure records (Fig. 8, section 0064);
identify a set of characteristic actions common among the plurality of medical procedure records 1404 (Section 0118, 0119, different surgical tasks e.g., camera targeting, dots and needles, energy dissection, match board, needle targeting, peg board, pick and place, ring and rail, ring walk, sealing, suture, sponge, thread the rings, and tubes); and
determine at least one parameter for each characteristic action in the set of characteristic actions (sections 0072, 0073).
Regarding claim 34, Jare discloses wherein
each of the plurality of medical procedure records includes medical procedure information for a medical procedure performed on a unique patient (Section 0070).
Regarding claim 35, Jare discloses wherein
each of the plurality of medical procedure records includes medical procedure information for a medical procedure performed by a common medical practitioner (Section 0070, 0073).
Regarding claim 36, Jare discloses wherein
each of the plurality of medical procedure records includes medical procedure information for a medical procedure performed by a guide medical practitioner (Section 0136).
Regarding claim 37, Jare discloses wherein
the at least one parameter includes a measure of an interventional consequence (section 0108, position of an organ).
Regarding claim 38, Jare discloses wherein
the set of characteristic actions includes an action of the medical instrument coupled to the manipulator arm; the medical instrument common among the plurality of medical procedure records (section 0090).
Regarding claim 39, Jare discloses wherein
the action of the medical instrument is a rotational motion of a wrist joint of the medical instrument (Section 0090).
Regarding claim 40, Jare discloses wherein
the at least one parameter includes a measure of amount rotation of the wrist joint (Section 0097).
Regarding claim 41, Jare discloses wherein
the at least one parameter includes a duration of time to complete the rotational motion (section 0116).
Regarding claim 42, Jare discloses wherein
the action of the medical instrument is a clamping action of an end effector of the medical instrument (Section 0097-0098).
Regarding claim 43, Jare discloses wherein
the at least one parameter includes a measure of force applied by the clamping action of the end effector (section 0098).
Regarding claim 44, Jare discloses wherein
the at least one parameter includes a duration of time to complete the clamping action (section 0097-0098).
Regarding claim 45, Jare discloses wherein
the action of the medical instrument is delivery of energy by the medical instrument (section 0116).
Regarding claim 46, Jare discloses wherein
the at least one parameter includes a measure of energy applied by medical instrument (section 0116).
Regarding claim 47, Jare discloses wherein
the at least one parameter includes a duration of time for the delivery of energy by the medical instrument (Section 0116).
Regarding claim 48, Jare discloses wherein
the medical instrument is an imaging instrument, and the action of the medical instrument is a pose change of the imaging instrument (Section 0043, position and orient the endoscope).
Regarding claim 49, Jare discloses wherein
the set of characteristic actions includes an action of the manipulator arm, wherein the manipulator arm is common among the plurality of medical procedure records (Section 0116).
Regarding claim 50, Jare discloses wherein
the at least one parameter includes a measure of an amount motion of the manipulator arm or a pose of manipulator arm during an arm collision incident (section 0097).
Regarding claim 51, Jare discloses wherein
the set of characteristic actions includes an action at the operator console 16, 52 (Fig. 1), wherein the operator console is common among the plurality of medical procedure records (Section 0080).
Regarding claim 52, Jare discloses wherein
the at least one parameter includes a duration of head disengagement from the operator console or a measure of motion of an operator input device at the operator console (Section 0057, 0090).
Regarding claim 53, Jare discloses the robot-assisted medical system of claim 32, wherein
each characteristic action in the set of characteristic actions comprises an action of a system, device, or component of the robot-assisted medical system, the system, device, or component being common among the plurality of medical procedure records (Section 0118, 0119, different surgical tasks e.g., camera targeting, dots and needles, energy dissection, match board, needle targeting, peg board, pick and place, ring and rail, ring walk, sealing, suture, sponge, thread the rings, and tubes).
Regarding claim 54, Jare discloses the robot-assisted medical system of claim 32, wherein
the at least one parameter comprises a measured or recorded aspect of the characteristic action, the at least one parameter determined from one or more data records within the plurality of medical procedure records (Section 0118, 0119, different surgical tasks e.g., camera targeting, dots and needles, energy dissection, match board, needle targeting, peg board, pick and place, ring and rail, ring walk, sealing, suture, sponge, thread the rings, and tubes).
Response to Arguments
Applicant's arguments filed 7/27/2026 have been fully considered but they are not persuasive. Examiner does find that Jare discloses identify a set of characteristic actions common among the plurality of medical procedure records 1404 (Section 0118, 0119, different surgical tasks e.g., camera targeting, dots and needles, energy dissection, match board, needle targeting, peg board, pick and place, ring and rail, ring walk, sealing, suture, sponge, thread the rings, and tubes). Since applicant stated in the arguments that creating a stitch is a characteristic action and a suture is a type of medical stitch.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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.
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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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