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 .
Priority
The present application, filed 16 September 2024, is a continuation of PCT/IB2023/052510, filed 15 March 2023, which claims benefit to U.S. Provisional Patent App. No. 63/321041, filed 17 March 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08 November 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
In [0190], [0211], [0218], [0240], and [0250], Applicant recites “break control” (or a variation thereof, including “breaking control”). The examiner notes, however, that this appears to be a misspelling of “brake control,” as [0211] of the present specification recites: “[i]n some embodiments adjusting the break control of the joint includes increasing friction within the joint.” The examiner notes that the “increasing friction within the joint” corresponds to a “braking” action, rather than a “breaking” action, and the examiner recommends amending the specification as such.
Appropriate correction is required.
Claim Objections
Claims 9 and 19 are objected to because of the following informalities:
Regarding claim 9, Applicant claims “adjusting a break control of a joint of the user input device….” Similar to the objection to the specification above, the examiner believes that Applicant intended to claim “adjusting a brake control of a joint of the user input device,” and suggests Applicant amend the claim as such.
Claim 19 contains limitations similar to those of claim 9, and is similarly objected to.
Appropriate correction is required.
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)(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) 1-5, 7-11, and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshie (US 20100160728 A1), hereafter Yoshie.
Regarding claim 1, Yoshie discloses a medical system, comprising:
A user input device for controlling a medical instrument (0040, The treatment instrument system 1 of embodiment 1 according to the present invention, as shown in FIG. 1, includes: an instruction input section 2 which has a movable section and which is used by an operator, such as a surgeon, to perform an instruction input (or instruction operation); an instruction input section driving section 3 which electrically drives the instruction input section 2; a treatment section 4 in which there is formed an active medical apparatus having a movable section for performing treatment; a treatment section driving section 5 which electrically drives the treatment section 4 according to the instruction input by the instruction input section 2; and a control section 6 which performs drive control of the instruction input section driving section 3 and the treatment section driving section 5.), wherein the user input device is operable in:
An unassisted mode with a first set of parameters for operation of the user input device (0080, When the power source of the treatment instrument system 1 shown in FIG. 2 is turned on, the treatment instrument system 1 starts a control operation in (a control mode of) the predetermined control system, as shown in step S1. Specifically, the CPU 21 starts a control operation in the control mode based on the force reflecting type bilateral control system shown in FIG. 3, that is, in the force reflecting type bilateral control mode. 0077, In the force reflecting type bilateral control shown in FIG. 3, the position information Xm generated by the input instruction given to the instruction input section 2 is subtracted by the position information Xs of the treatment section 4, and the subtracted position information (Xm-Xs) is sent to the treatment section control section 5'. The treatment section control section 5' performs position control of the treatment section 4 on the basis of subtracted position information (Xm-Xs).); and
An assisted mode with a second parameters, distinct from the first set of parameters, for operation of the user input device (0089, Specifically, the CPU 21 stops the operation of both the power sections of the motors 14j' and 14j, or stops the operation of at least one of the power sections of the motors 14j' and 14j. Alternatively, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode. 0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. 0093, In other words, in the control mode of the unilateral control system, only the position control of the treatment section 4 is performed by the input instruction given to the instruction input section 2, and feedback means of the force information is not provided.);
A sensor coupled to the user input device for generating information related to the user input device (0053, to the rotary shaft of the motor 14i, there is attached, for example, a rotary encoder 15i serving as a position sensor for detecting an angle of rotation of the rotary shaft. 0059, to the CPU 21 which configures the control section 6, there are inputted, as position information, signals detected by encoders 15a' to 15c' which can detect the instruction input operation of the instruction input section 2 performed by the operator.);
A processor (0056, position information based on the signal detected by the encoder 15i is inputted into a CPU 21 which configures the control section 6.); and
Memory storing instructions for execution by the processor (0056, position information based on the signal detected by the encoder 15i is inputted into a CPU 21 which configures the control section 6. Examiner's note, there must be some kind of memory associated with the CPU in order for the CPU to process the information received), the stored instructions including instructions for:
While operating the user input device in the unassisted mode, identifying drift of the user input device based on the information from the sensor (0084-0088, Then as shown in step S4, the motor 14j' driven by the motor driver 16j' supplies the force to effect the rotation around the corresponding joint shaft 11j'. Further, as shown in step S5, the CPU 21 monitors the rotation angle of the joint shaft 11j' of the instruction input section 2 on the basis of the detection signal of the encoder 15j'. Then, as shown in step S6, the CPU 21 determines whether or not the direction of the force (driving force) to rotate the joint shaft 11j' coincides with the direction of movement (detected in the preceding step S4). When the directions are not coincident with each other, the CPU 21 returns to step S2. On the other hand, when determining that the directions are coincident with each other, the CPU 21 determines, in next step S7, whether or not the amount of movement (movement amount) exceeds a predetermined threshold value. In other words, the CPU 21 determines whether or not movement in the acting direction of the driving force driving the instruction input section 2 is generated in an amount exceeding the predetermined threshold value. When the movement amount does not exceed the threshold value, the CPU 21 returns to step 2. On the contrary, when the movement amount exceeds the threshold value, the CPU 21 suppresses, in step S8, the operation of the power section (driving section) in the control system, or changes the control mode to the other control mode so as to suppress the operation of the power section.); and
In accordance with identifying the drift, switching operation of the user input device from the unassisted mode to the assisted mode (0089, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode.).
Regarding claim 2, Yoshie discloses the medical system of claim 1, and further discloses wherein the stored instructions further include instructions for, while operating the user input device in the assisted mode:
Tracking an amount of time the user input device is in the assisted mode (0095, Further, in this case, the determination result in step S7 or the information in step S8 is notified to the operator by the display section 22, and the like. Further, in next step S9, the CPU 21 is set in the state to wait for the elapse of the predetermined time on the basis of the timer started by the determination result.); and
In accordance with a determination that the amount of time meets a predetermined criterion, switching operation of the user input device from the assisted mode to the unassisted mode (0096, When the predetermined time elapses, the CPU 21 performs, as shown in step S10, processing to restore the control state to the initial state (in other words, to cancel the suppression) and returns to the processing in step S2.).
Regarding claim 3, Yoshie discloses the medical system of claim 2, and further discloses wherein the predetermined criterion is a time threshold corresponding to a settling time of the user input device (0106, Further, such unintended operation is temporarily generated, and hence the operation state is returned to the normal operation state after the lapse of the predetermined time, so as to thereby enable the operator to continue the control operation in the normal state of good operability.).
Regarding claim 4, Yoshie discloses the medical system of claim 1, and further discloses wherein the stored instructions further include instructions for, while operating the user input device in the assisted mode:
Monitoring user presence at the user input device (0094, when the control mode is changed to the control mode of the unilateral control system according to the determination result (that the movement amount exceeds the threshold value), then unintended movement of the instruction input section 2 and the treatment section 4 can be cancelled (and thereby suppressed) as long as the operator does not actually perform an input instruction to the instruction input section 2. Examiner's note: the examiner is interpreting the determination of a lack of user input to read on the "monitoring user presence" as claimed, as an absence of user input corresponding to the releasing of the user input device could reasonably be interpreted as a "lack of user presence"); and
In accordance with a determination that the user presence meets one or more predetermined criterion, switching operation of the user input device from the assisted mode to the unassisted mode (0094, when the control mode is changed to the control mode of the unilateral control system according to the determination result (that the movement amount exceeds the threshold value), then unintended movement of the instruction input section 2 and the treatment section 4 can be cancelled (and thereby suppressed) as long as the operator does not actually perform an input instruction to the instruction input section 2. 0106, Further, such unintended operation is temporarily generated, and hence the operation state is returned to the normal operation state after the lapse of the predetermined time, so as to thereby enable the operator to continue the control operation in the normal state of good operability. Examiner's note: the examiner is interpreting the "lapse of predetermined time" to read on the "predetermined criteria," as the lapse of time corresponds to a period of time where the operator is not interacting with the user input device).
Regarding claim 5, Yoshie discloses the medical system of claim 1, and further discloses wherein the stored instructions further include instructions for, while operating the user input device in the assisted mode:
Tracking movement of the user input device (0102, However, in the state where the reaction force Fm' is applied, for example when the operator carelessly releases the hand from the instruction input section 2, the force Fm generated by the operation by the operator is eliminated. Examiner's note: the examiner is interpreting the determination of the lack of reaction force applied to the user input device to read on the "movement of the user input device," as it is determining a lack of movement of the user input device by the operator); and
In accordance with a determination that the movement of the user input device meets predetermined criteria, switching operation of the user input device from the assisted mode to the unassisted mode (0106, Further, such unintended operation is temporarily generated, and hence the operation state is returned to the normal operation state after the lapse of the predetermined time, so as to thereby enable the operator to continue the control operation in the normal state of good operability. Examiner's note: the examiner is interpreting the "lapse of predetermined time" to read on the "predetermined criteria," as the lapse of time corresponds to a period of time where the operator is not interacting with the user input device).
Regarding claim 7, Yoshie discloses the medical system of claim 1, and further discloses wherein the sensor tracks movement of the user input device, and wherein identifying the drift of the user input device includes determining that the tracked movement corresponds to an unintentional movement (0104, That is, there is caused a state where an unintended operation is performed. However, the present embodiment is configured such that the direction of the reaction force applied to the instruction input section 2 in this case and the movement of the instruction input section 2 in the direction are monitored, and that when such movement is generated and when the movement amount exceeds the threshold value, the unintended operation is suppressed in such a manner of stopping the operation of the power section).
Regarding claim 8, Yoshie discloses the medical system of claim 1, and further discloses wherein identifying the drift of the user input device comprises detecting a movement instability in the user input device (0104, That is, there is caused a state where an unintended operation is performed. However, the present embodiment is configured such that the direction of the reaction force applied to the instruction input section 2 in this case and the movement of the instruction input section 2 in the direction are monitored, and that when such movement is generated and when the movement amount exceeds the threshold value, the unintended operation is suppressed in such a manner of stopping the operation of the power section).
Regarding claim 9, Yoshie discloses the medical system of claim 1, and further discloses wherein the second set of parameters includes a modification to one or more parameters of the first set of parameters, and the modification comprises one or more of:
Adjusting a damping of the user input device;
Adjusting a stiffness of the user input device;
Adjusting a motion scaling between the user input device and the medical instrument (0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. Examiner's note: the examiner is interpreting the cessation of driving the instruction input section 2 in the unilateral control mode as a "change in motion scaling," as it amounts to changing the motion scaling to zero);
Adjusting a break control of a joint of the user input device;
Performing a position control operation; or
Performing a velocity control operation.
Regarding claim 10, Yoshie discloses the medical system of claim 1, and further discloses wherein the second set of parameters includes a modification to one or more parameters of the first set of parameters, and the modification to the one or more parameters comprises applying a weak feedback control (0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. Examiner's note: the examiner is interpreting the reduction in force feedback when in the unilateral control mode to read on the "weak feedback control," as the reduction in force feedback causes the force feedback to be "weaker" than the force feedback in the force feedback type bilateral control mode).
Regarding claim 11, Yoshie discloses the medical system of claim 10, and further discloses wherein applying the weak feedback control includes modification of the one or more parameters of the first set of parameters, within predefined limits (0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. Examiner's note: the examiner is interpreting the reduction in force feedback to zero to be the "predefined limit" as claimed).
Regarding claim 13, Yoshie discloses a method for operating a medical system that includes a user input device for controlling a medical instrument, the method comprising:
Operating the user input device in an unassisted mode, including applying a first set of parameters to the user input device (0080, When the power source of the treatment instrument system 1 shown in FIG. 2 is turned on, the treatment instrument system 1 starts a control operation in (a control mode of) the predetermined control system, as shown in step S1. Specifically, the CPU 21 starts a control operation in the control mode based on the force reflecting type bilateral control system shown in FIG. 3, that is, in the force reflecting type bilateral control mode. 0077, In the force reflecting type bilateral control shown in FIG. 3, the position information Xm generated by the input instruction given to the instruction input section 2 is subtracted by the position information Xs of the treatment section 4, and the subtracted position information (Xm-Xs) is sent to the treatment section control section 5'. The treatment section control section 5' performs position control of the treatment section 4 on the basis of subtracted position information (Xm-Xs).);
While operating in the unassisted mode, detecting drift of the user input device (0084-0088, Then as shown in step S4, the motor 14j' driven by the motor driver 16j' supplies the force to effect the rotation around the corresponding joint shaft 11j'. Further, as shown in step S5, the CPU 21 monitors the rotation angle of the joint shaft 11j' of the instruction input section 2 on the basis of the detection signal of the encoder 15j'. Then, as shown in step S6, the CPU 21 determines whether or not the direction of the force (driving force) to rotate the joint shaft 11j' coincides with the direction of movement (detected in the preceding step S4). When the directions are not coincident with each other, the CPU 21 returns to step S2. On the other hand, when determining that the directions are coincident with each other, the CPU 21 determines, in next step S7, whether or not the amount of movement (movement amount) exceeds a predetermined threshold value. In other words, the CPU 21 determines whether or not movement in the acting direction of the driving force driving the instruction input section 2 is generated in an amount exceeding the predetermined threshold value. When the movement amount does not exceed the threshold value, the CPU 21 returns to step 2. On the contrary, when the movement amount exceeds the threshold value, the CPU 21 suppresses, in step S8, the operation of the power section (driving section) in the control system, or changes the control mode to the other control mode so as to suppress the operation of the power section.);
In accordance with detecting the drift, switching operation of the user input device to an assisted mode (0089, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode.), including applying a second set of parameters that is distinct from the first set of parameters (0089, Specifically, the CPU 21 stops the operation of both the power sections of the motors 14j' and 14j, or stops the operation of at least one of the power sections of the motors 14j' and 14j. Alternatively, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode. 0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. 0093, In other words, in the control mode of the unilateral control system, only the position control of the treatment section 4 is performed by the input instruction given to the instruction input section 2, and feedback means of the force information is not provided.);
While operating in the assisted mode, determining that the user input device is stable (0095, Further, in this case, the determination result in step S7 or the information in step S8 is notified to the operator by the display section 22, and the like. Further, in next step S9, the CPU 21 is set in the state to wait for the elapse of the predetermined time on the basis of the timer started by the determination result. 0096, When the predetermined time elapses, the CPU 21 performs, as shown in step S10, processing to restore the control state to the initial state (in other words, to cancel the suppression) and returns to the processing in step S2.); and
In accordance with the determination, switching the operation of the user input device to the unassisted mode (0095, Further, in this case, the determination result in step S7 or the information in step S8 is notified to the operator by the display section 22, and the like. Further, in next step S9, the CPU 21 is set in the state to wait for the elapse of the predetermined time on the basis of the timer started by the determination result. 0096, When the predetermined time elapses, the CPU 21 performs, as shown in step S10, processing to restore the control state to the initial state (in other words, to cancel the suppression) and returns to the processing in step S2.).
Regarding claim 14, Yoshie discloses the method of claim 13, and further discloses wherein determining that the user input device is stable comprises determining that the user input device has been operating in the assisted mode for a predetermined amount of time (0095, Further, in this case, the determination result in step S7 or the information in step S8 is notified to the operator by the display section 22, and the like. Further, in next step S9, the CPU 21 is set in the state to wait for the elapse of the predetermined time on the basis of the timer started by the determination result. 0096, When the predetermined time elapses, the CPU 21 performs, as shown in step S10, processing to restore the control state to the initial state (in other words, to cancel the suppression) and returns to the processing in step S2.).
Regarding claim 15, Yoshie discloses the method of claim 14, and further discloses wherein the predetermined amount of time corresponds to a settling time of the user input device (0106, Further, such unintended operation is temporarily generated, and hence the operation state is returned to the normal operation state after the lapse of the predetermined time, so as to thereby enable the operator to continue the control operation in the normal state of good operability.).
Regarding claim 16, Yoshie discloses the method of claim 13, and further discloses wherein determining that the user input device is stable comprises determining that a user presence at the user input device meets one or more predetermined criterion (0094, when the control mode is changed to the control mode of the unilateral control system according to the determination result (that the movement amount exceeds the threshold value), then unintended movement of the instruction input section 2 and the treatment section 4 can be cancelled (and thereby suppressed) as long as the operator does not actually perform an input instruction to the instruction input section 2.).
Regarding claim 17, Yoshie discloses the method of claim 13, and further discloses wherein determining that the user input device is stable comprises determining that movement of the user input device meets predetermined criteria (0106, Further, such unintended operation is temporarily generated, and hence the operation state is returned to the normal operation state after the lapse of the predetermined time, so as to thereby enable the operator to continue the control operation in the normal state of good operability. Examiner's note: the examiner is interpreting the "lapse of predetermined time" to read on the "predetermined criteria," as the lapse of time corresponds to a period of time where the operator is not interacting with the user input device).
Regarding claim 18, Yoshie discloses the method of claim 13, and further discloses wherein detecting the drift of the user input device comprises:
Tracking movement of the user input device (0104, That is, there is caused a state where an unintended operation is performed. However, the present embodiment is configured such that the direction of the reaction force applied to the instruction input section 2 in this case and the movement of the instruction input section 2 in the direction are monitored, and that when such movement is generated and when the movement amount exceeds the threshold value, the unintended operation is suppressed in such a manner of stopping the operation of the power section); and
Determining that the tracked movement corresponds to an unintentional movement (0104, That is, there is caused a state where an unintended operation is performed. However, the present embodiment is configured such that the direction of the reaction force applied to the instruction input section 2 in this case and the movement of the instruction input section 2 in the direction are monitored, and that when such movement is generated and when the movement amount exceeds the threshold value, the unintended operation is suppressed in such a manner of stopping the operation of the power section).
Regarding claim 19, Yoshie discloses the method of claim 13, and further discloses wherein the second set of parameters includes a modification to one or more parameters of the first set of parameters, the modification to the one or more parameters comprises one or more of:
Adjusting a damping of the user input device;
Adjusting a stiffness of the user input device;
Adjusting a motion scaling between the user input device and the medical instrument (0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. Examiner's note: the examiner is interpreting the cessation of driving the instruction input section 2 in the unilateral control mode as a "change in motion scaling," as it amounts to changing the motion scaling to zero); or
Adjusting a break control of a joint of the user input device.
Regarding claim 20, Yoshie discloses a method for operating a medical system that includes a user input device for controlling a medical instrument, the method comprising:
Operating the user input device in an unassisted mode, including applying a first set of parameters to the user input device (0080, When the power source of the treatment instrument system 1 shown in FIG. 2 is turned on, the treatment instrument system 1 starts a control operation in (a control mode of) the predetermined control system, as shown in step S1. Specifically, the CPU 21 starts a control operation in the control mode based on the force reflecting type bilateral control system shown in FIG. 3, that is, in the force reflecting type bilateral control mode. 0077, In the force reflecting type bilateral control shown in FIG. 3, the position information Xm generated by the input instruction given to the instruction input section 2 is subtracted by the position information Xs of the treatment section 4, and the subtracted position information (Xm-Xs) is sent to the treatment section control section 5'. The treatment section control section 5' performs position control of the treatment section 4 on the basis of subtracted position information (Xm-Xs).);
While operating in the unassisted mode, identifying drift of the user input device (0084-0088, Then as shown in step S4, the motor 14j' driven by the motor driver 16j' supplies the force to effect the rotation around the corresponding joint shaft 11j'. Further, as shown in step S5, the CPU 21 monitors the rotation angle of the joint shaft 11j' of the instruction input section 2 on the basis of the detection signal of the encoder 15j'. Then, as shown in step S6, the CPU 21 determines whether or not the direction of the force (driving force) to rotate the joint shaft 11j' coincides with the direction of movement (detected in the preceding step S4). When the directions are not coincident with each other, the CPU 21 returns to step S2. On the other hand, when determining that the directions are coincident with each other, the CPU 21 determines, in next step S7, whether or not the amount of movement (movement amount) exceeds a predetermined threshold value. In other words, the CPU 21 determines whether or not movement in the acting direction of the driving force driving the instruction input section 2 is generated in an amount exceeding the predetermined threshold value. When the movement amount does not exceed the threshold value, the CPU 21 returns to step 2. On the contrary, when the movement amount exceeds the threshold value, the CPU 21 suppresses, in step S8, the operation of the power section (driving section) in the control system, or changes the control mode to the other control mode so as to suppress the operation of the power section.); and
In accordance with detecting the drift, switching operation of the user input device to an assisted mode, including applying a second set of parameters that is distinct from the first set of parameters (0089, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode. 0089, Specifically, the CPU 21 stops the operation of both the power sections of the motors 14j' and 14j, or stops the operation of at least one of the power sections of the motors 14j' and 14j. Alternatively, in the case where the control mode of the force reflecting type bilateral system as shown in FIG. 3 is adopted in the control system before the determination, the CPU 21 may change the control mode of the force reflecting type bilateral system to, for example, a control mode of an unilateral control system, as a control mode at the specific time as shown in FIG. 5, that is, an unilateral control mode. 0092, In the control mode of the unilateral control system shown in FIG. 5, the instruction input section 2 is separated from the instruction input section control section 3'. The instruction input section 2 is not driven by the instruction input section driving section 3'. That is, in the control mode of the unilateral control system, the state of the control mode is set such that the instruction input section 2 is not driven even when force is made to act on the treatment section 4, so as to be fed back as the force information to the instruction input section control section 3'. 0093, In other words, in the control mode of the unilateral control system, only the position control of the treatment section 4 is performed by the input instruction given to the instruction input section 2, and feedback means of the force information is not provided.).
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.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshie, and further in view of Tekiela (US 20200046439 A1), hereafter Tekiela.
Regarding claim 6, Yoshie discloses the medical system of claim 1, and further discloses wherein the sensor is an encoder (0053, to the rotary shaft of the motor 14i, there is attached, for example, a rotary encoder 15i serving as a position sensor for detecting an angle of rotation of the rotary shaft. 0059, to the CPU 21 which configures the control section 6, there are inputted, as position information, signals detected by encoders 15a' to 15c' which can detect the instruction input operation of the instruction input section 2 performed by the operator.).
The examiner notes that, while rotary encoders often employ light-based sensing means, it is unclear whether the encoder of Yoshie is an optical encoder. Therefore, in order to promote compact prosecution, the examiner is relying on Tekiela to teach wherein the sensor includes a capacitance-based or a light-based sensor (0036, processor 277 may be coupled to capacitive sensors 275 on the surface of controller 261 (e.g., similar to the capacitive sensing of a touch screen) to determine if/how a user is holding controller 261 (e.g., determining placement of fingers on controller 261, if controller 261 is fully in hand, if controller 261 has been dropped, etc.).).
Yoshie and Tekiela are analogous because they are in a similar field of endeavor, e.g., surgical device control systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, with a reasonable expectation of success, to have included the capacitive sensors of Tekiela in order to provide an affirmative means of determining the presence of a user. The motivation to combine is to ensure that the system is able to determine when a user is present at the control device.
Regarding claim 12, Yoshie discloses the medical system of claim 1, but fails to disclose wherein it further comprises a robotic arm coupled with the medical instrument for moving the medical instrument in accordance with one or more instructions from the processor.
Tekiela, however, in an analogous field of endeavor, does teach a robotic arm coupled with the medical instrument for moving the medical instrument in accordance with one or more instructions from the processor (0024, System 100 includes surgical robot 121, camera 101, light source 103, processor 107, network 131, and storage 133. As shown, surgical robot 121 may be used to hold surgical instruments (e.g., each arm holds an instrument—or multiple instruments that are independently controlled—at the distal ends of the arm) and perform surgery, diagnose disease, take biopsies, or conduct any other procedure a doctor could perform.).
Yoshie and Tekiela are analogous because they are in a similar field of endeavor, e.g., surgical device control systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, with a reasonable expectation of success, to have included the robotic arm of Tekiela, in order to provide further means of performing surgery on a patient. The motivation to combine is to expand the capabilities of the surgical system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Torabi (US 20210282878 A1) teaches a system for determining a disengagement between a surgical tool and a user input device, wherein responsive to any number of a plurality of criteria, the user input device is determined to be unstable or to have been actuated inadvertently, and the user input is not transmitted to a robotic surgical system.
Schwab (US 20200015916 A1) teaches a system for determining whether an actuation of a user input device was caused by a user intentionally, or whether it was actuated inadvertently.
Schaible (US 20180297211 A1) teaches a controller for a robotic arm, wherein the controller contains hand presence sensors to prevent accidental actuation of the robotic arm responsive to an unintentional actuation of the controller.
Savall (US 20180161108 A1) teaches a robotic surgical system having a user interface, wherein sensors within the user interface are able to determine whether a command is intentional or unintentional, based on the sensor data received by the sensors.
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/BLAKE A WOOD/Examiner, Art Unit 3658