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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the sensor device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
There are two instances of Claim 16 which renders the claim indefinite.
Claim 19 recites the limitation "the graspers" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
(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, 3-5, and 7-11, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0094084 (Swineheart).
1. A device (surgical instrument 26) for tissue mechanical property detection during robotic surgery (P0003) comprising:
a sensor frame (jaw 602) having proximal and distal ends and a length therebetween (FIG. 6A; P0030);
a force sensor (force transducer 502) disposed along the length of the sensor frame (FIG. 5-6B; P0030); and
a displacement sensor (displacement sensor 506) configured to measure a position of the sensor frame (FIG. 6A; P0029).
3. The device has a loading puck (cap 722) near the distal end of the sensor frame (FIG. 7A-7B; P0032).
4. The sensor frame is configured as surgical forceps (FIG. 6A; P0030).
5. The force sensor comprises one or more fiber Bragg grating (FBG) sensors (P0029).
7. The force sensor comprises one or more capacitive sensors (P0029).
8. The force sensor comprises a multiplexed sensor (e.g., see discussion at P0029 of optical sensors having multiple inputs such that they are “multiplexed”).
9. The displacement sensor comprises an angle encoder, a camera, or a stereoscope (FIG. 3; P0022 and P0024).
10. A system (surgical instrument 26) for tissue mechanical property detection during robotic surgery (P0003) comprising:
a sensor frame (jaw 602) having proximal and distal ends and a length therebetween (FIG. 6A; P0030);
a force sensor (force transducer 502) disposed along the length of the sensor frame (FIG. 5-6B; P0030);
a displacement sensor (displacement sensor 506) configured to measure a position of the sensor frame (FIG. 6A; P0029); and
a robotic grasping arm (jaws 602), wherein the sensor frame is positioned as an end-effector of the robotic grasping arm (FIG. 6A; P0030).
11. The system has a computing system (“computer processors” at P0022) communicatively connected to the force and displacement sensors, comprising a processor and a non-transitory computer-readable medium with instructions stored thereon (FIG. 3; P0022 and P0049), which when executed by the processor, perform steps comprising:
obtaining force data via the force sensor (P0030);
obtaining tissue displacement data via the displacement sensor (P0029);
applying (or at least capable of applying) the obtained force and displacement data to a tissue specific model representing the strain experienced by tissue in response to an external force (P0029-P0030, P0049); and
identifying (or at least capable of identifying) at least one mechanical property of the tissue based on the model output.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0104822 (Shelton, IV).
1. A device (system 110) for tissue mechanical property detection during robotic surgery (Abstract and P0024) comprising:
a sensor frame (end effector 6530) having proximal and distal ends and a length therebetween (FIG. 14; P0366 and P0651);
a force sensor (strain sensor 474) disposed along the length of the sensor frame (FIG. 7; P0350 and P0365); and
a displacement sensor (position sensor 472) configured to measure a position of the sensor frame (FIG. 7; P0350 and P0357).
2. The device has a temperature sensor (sensor 27004)(FIG. 87-88; P0826).
3. The device has a loading puck (loading unit 6514) near the distal end of the sensor frame (FIG. 14; P0420).
4. The sensor frame is configured as surgical forceps (FIG. 14).
5. The force sensor comprises one or more fiber Bragg grating (FBG) sensors (P0470-P0471).
6. The force sensor comprises one or more piezoelectric sensors (P0472).
7. The force sensor comprises one or more capacitive sensors (P0917 and P1159).
8. The force sensor comprises a multiplexed sensor (P0500 and P0715).
9. The displacement sensor comprises an angle encoder, a camera, or a stereoscope (P0364, P0700, P0346, and P0542).
10. A system (system 110) for tissue mechanical property detection during robotic surgery (Abstract and P0024) comprising:
a sensor frame (end effector 6530) having proximal and distal ends and a length therebetween (FIG. 14; P0366 and P0651);
a force sensor (strain sensor 474) disposed along the length of the sensor frame (FIG. 7; P0350 and P0365);
a displacement sensor (position sensor 472) configured to measure a position of the sensor frame (FIG. 7; P0350 and P0357); and
a robotic grasping arm (jaws of end effector 6530), wherein the sensor frame is positioned as an end-effector of the robotic grasping arm (FIG. 14; P0366 and P0651).
11. The system has a computing system (computer system 210) communicatively connected to the force and displacement sensors, comprising a processor and a non-transitory computer-readable medium with instructions stored thereon (FIG. 4; P0338 and P0340), which when executed by the processor, perform steps comprising:
obtaining force data via the force sensor (FIG. 4; P0338, P0340, P0350, and P0365);
obtaining tissue displacement data via the displacement sensor (FIG. 4; P0338, P0340, P0350, and P0357);
applying the obtained force and displacement data to a tissue specific model representing the strain experienced by tissue in response to an external force (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387); and
identifying at least one mechanical property of the tissue based on the model output (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387).
12. A method of identifying tissue mechanical properties during robotic surgery (Abstract and P0024), comprising the steps of:
providing the tissue mechanical property detection system of claim 10 (see above);
grasping a tissue with the end-effector of the robotic grasping arm such that the sensor device engages the tissue (FIG. 14; P0366 and P0651);
obtaining force data via the force sensor (FIG. 4; P0338, P0340, P0350, and P0365);
obtaining tissue displacement data via the displacement sensor (FIG. 4; P0338, P0340, P0350, and P0357);
applying the obtained force and displacement data to a tissue specific model representing the strain experienced by the tissue in response to an external force (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387); and
identifying at least one mechanical property of the tissue based on the model output (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387).
13. The method includes obtaining temperature data from a temperature sensor (sensor 27004)(FIG. 87-88; P0826).
14. The method includes identifying the type of tissue grasped based on the identification of the at least one tissue mechanical property (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387).
15. The at least one tissue mechanical property is determined based on a force-strain model (FIG. 7; P0350 and P0365).
16. The identification of the type of tissue is based on comparing the identified tissue mechanical property against a library including tissue types and their mechanical properties, where the library is built via training data sets comprising a plurality of tissue types with known tissue properties (FIG. 4; P0338, P0340, P0350, P0365, and P0386-P0387).
16. The method includes providing feedback to an end-user or autonomous system (P0350 and P0363).
17. The feedback comprises a vibration, a visual cue, or an auditory cue (P0696 and P1396).
18. The feedback is provided in less than 1 second, less than 0.5 seconds, or in less than 0.1 seconds after grasping the tissue (P0539 and P0549).
19. Tissue displacement is inferred by recording the position of the graspers with a displacement sensor (FIG. 4; P0338, P0340, P0350, and P0357).
20. The displacement sensor comprises an angle encoder, a camera, or a stereoscope (P0364, P0700, P0346, and P0542).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD J SCHERBEL whose telephone number is (571)270-7085. The examiner can normally be reached Mon - Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771
Prosecution Insights