DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Response to Arguments
Applicant argues that the prior art references do not teach or suggest the limitation “wherein the plurality of power modes selectable by the user input is limited based on a remaining life of the instrument,” as recited in claims 1, 9, and 17, as amended. See Remarks at 6-8.
Applicant’s fist argument has been fully considered but it is not persuasive. See discussion below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-6, 9-14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Diolaiti et al. (WO 2013123310 A1, 2013-08-22) (hereinafter “Diolaiti”) in view of Swarup et al. (US 20090088774 A1, 2009-04-02) (hereinafter “Swarup”).
Regarding claims 1-6, 9-14, and 17-19, Diolaiti teaches a surgical robotic system (and a method of use) comprising: a robotic arm (e.g., 2514) including an instrument (e.g., [0029]) and an instrument drive unit (e.g., [0031]) configured to couple to and to actuate the instrument; a display configured to output a graphical user interface (e.g., [0003]); a surgeon console including a handle controller (e.g., 41, 42) configured to control the robotic arm and the instrument; and a processor (e.g., 43) configured to: receive a user input from the graphical user interface, the user input selecting an operating mode from a plurality of operating modes for the instrument drive unit (e.g., [0036], [0039]-[0043).
Diolaiti does not expressly teach power modes as operating modes.
Swarup teaches a plurality of power modes. See, e.g., [0288] (disclosing normal mode and torque limited mode of driving the end effectors).
Swarup also teaches measuring and storing tool life and cumulative tool use information for purposes of safety. See, e.g., [0091] (“Additionally, some robotic surgical tools have a limited life span. Tool life and cumulative tool use information may also be stored on the tool memory and used by the computer to determine if the tool is still safe for use. Total tool life may be measured by clock time, by procedure, by the number of times the tool has been loaded onto a holder, and in other ways specific to the type of tool. Tool life data is preferably stored in the memory of the tool using an irreversible writing process.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Swarup with the invention taught by Diolaiti such that the invention further comprises wherein the user input selecting a power mode from a plurality of power modes for the instrument drive unit, the plurality of power modes includes a full power mode during which the instrument drive unit is fully powered and a low power mode during which the instrument drive unit is partially powered, wherein the plurality of power modes selectable by the user input is limited based on a remaining life of the instrument; and set the instrument drive unit to the selected power mode (as recited in claims 1, 9, 17); further comprising: a storage device including user settings having a preset power mode (as recited in claims 2, 10); wherein the processor is further configured to receive the user settings and the set the instrument drive unit to the preset power mode (as recited in claims 3, 11); wherein the graphical user interface is configured to display the plurality of power modes (as recited in claims 4, 12, 18); wherein the display is a touchscreen and the user input includes touching the power mode (as recited in claims 5, 13, 19); wherein the handle controller includes an input device configured to select the power mode (as recited in claims 6, 14) in order to improve the usability and safety of the system.
Claims 7, 8, 15, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Diolaiti in view of Swarup, as applied to claims 1, 9, and 17, and further in view of Shelton et al. (US 20190142449 A1, 2019-05-16) (hereinafter “Shelton”).
Regarding claims 7, 8, 15, 16, and 20, Diolaiti (in view of Swarup) teaches a surgical robotic system (and a method of use), except comprising wherein the input device is configured to measure a grip force of the handle controller.
Shelton teaches wherein the input device is configured to measure a grip force of the handle controller. See, e.g., Fig. 78A-78B, 79 and associated text.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Shelton with the inveniton taught by Diolaiti (in view of Swarup such that wherein the input device is configured to measure a grip force of the handle controller (as recited in claims 7, 15); wherein the processor is further configured to select the power mode based on the grip force (as recited in claims 8, 16, 20) in order to improve the usability of invention.
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 extension fee 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 SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan
/SCOTT LUAN/Primary Examiner, Art Unit 3792
