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 1-17 are pending.
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
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.
Claims 1-3, 7-11, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (WO 2021071540 A1, 2021-04-15) (hereinafter “Kim”).
Regarding claims 1-3, 7-11, and 15, Kim teaches a user input device for a patient console (e.g., 74, Fig. 1) of a robotic surgical system, comprising a user-selectable control for each of a plurality of motion devices of the patient console, the plurality of motion devices including: a vertical lift device configured to provide up and down motion along a vertical axis (e.g., comprising 44, Fig. 1); a pitch rotation device configured to provide a pitch rotation about a pitch axis orthogonal to the vertical axis (e.g., 32); a translation device configured to provide sliding translation along a translation axis (e.g., 30); and a roll rotation device to rotate about a roll axis to provide a roll to an instrument controller assembly (e.g., 36) (e.g., [0022]-[0032]) (as recited in claim 1); the plurality of motion devices further comprising: a yaw rotation device configured to provide a yaw rotation about the vertical axis (e.g., 40) (e.g., [0022]-[0032]) (as recited in claim 1); wherein an angle of the translation axis and the roll axis relative to horizontal is a function of the pitch rotation provided by the pitch rotation device (i.e., depends on pitch rotational angle) (e.g., [0022]-[0032]) (as recited in claim 3); wherein the user input device is arranged on a distal portion of the patient console, configured to be proximal to a patient (e.g., depending on articulation angle) (as recited in claim 7); wherein the user input device is arranged on a proximal portion of the patient console, configured to be distal to the patient (e.g., depending on articulation angle) (as recited in claim 8); a user input device for a patient console of a robotic surgical system, comprising a selectable control for each of a plurality of motion devices of the patient console, the plurality of motion devices including: a vertical lift device configured to provide up and down motion along a vertical axis; and a pitch rotation device supported by the vertical lift device and configured to provide a pitch rotation about a pitch axis orthogonal to the vertical axis (as discussed above) (as recited in claim 9); the plurality of motion devices further comprising: a translation device supported by the pitch rotation device and configured to provide sliding translation along a translation axis; and a roll rotation device supported by the translation device to roll relative to the translation device about a roll axis to provide a roll to an instrument controller assembly, wherein an angle of the translation axis and the roll axis relative to horizontal is a function of the pitch rotation provided by the pitch rotation device (as discussed above) (as recited in claim 10); the plurality of motion devices further comprising: a yaw rotation device interposed between the vertical lift device and the pitch device and configured to provide a yaw rotation about the vertical axis, and wherein a direction of the translation axis and the roll axis is a function of the yaw rotation provided by the yaw rotation device (as discussed above) (as recited in claim 11); wherein the at least one motion control device is a motorized actuator for effecting linear translation of the robotic controller along a longitudinal axis thereof (as discussed above) (as recited in claim 15).
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 4-6, 12-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Farritor et al. (US 20170035526 A1, 2017-02-09) (hereinafter “Farritor”).
Regarding claims 4-6, 12-14, and 16-17, Kim teaches a user input device for a patient console (e.g., 74, Fig. 1) of a robotic surgical system, except comprising the recited user interface elements. See, e.g., [0022]-[0032]. [K1] Farritor teaches use of GUIs, buttons, switches for different functions, including video processing, indicating robot status, and activating robotic components. See, e.g., [0229], [0231]-[0232], [0245]. [F1]
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 Farritor with the invention taught by Kim such that the invention further comprises wherein the user interface includes a digital display screen adapted and configured to display a graphic user interface, the graphic user interface configured to display graphic representations of buttons adapted and configured to control each of the plurality of motion devices (e.g., [K1, F1]) (as recited in claim 4); wherein the user interface includes a button panel, including a button corresponding to each of the plurality of motion devices (e.g., [K1, F1]) (as recited in claim 5); further comprising a button adapted and configured to selectively disengage operability of the button panel to inhibit unintentional activation of any of the plurality of motion devices (e.g., [K1, F1]) (as recited in claim 6); a user interface for a robotic surgical system comprising: a clutch button provided in connection with a robotic controller, the clutch button adapted and configured to selectively disengage at least one motion control device of the robotic controller to allow a user to manually manipulate a position of the robotic controller; and a visual status indicator provided in connection with the robotic controller, adapted and configured to display an operational status of the robotic controller (e.g., [K1, F1]) (as recited in claim 12); wherein the robotic controller is a robotic instrument controller or a robotic videoscope controller (e.g., [K1, F1]) (as recited in claim 13); wherein the clutch button is provided on a distal end portion of the robotic controller (e.g., [K1, F1]) (as recited in claim 14); wherein the visual status indicator includes a selectable color illumination source (e.g., [K1, F1]) (as recited in claim 16); wherein the clutch button and the status indicator are both integrated into a single illuminated button (e.g., [K1, F1]) (as recited in claim 17) in order to improve the usability of the invention.
Conclusion
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
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