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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable
over claims 1-3, 6-14, and 18-22 of U.S. Patent No. US 12137999 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. US 12137999 B2 are obvious over the claims of the instant application as shown below. Additionally independent claim 1 of U.S. Patent No. US 12137999 B2is also obvious over the method claim 1 of the current application. Further dependent claims 2-20 recite limitations that are similar to the dependent claims (2-3, 6-14, and 18-22) of U.S. Patent No. US 12137999 B2.
INSTANT APPLICATION 18930869
U.S. PATENT NUMBER: US 12137999 B2
1. A method of performing a laparoscopic surgery, comprising: providing a surgical bed configured to accommodate a patient, a slave assist robot disposed at or adjacent to a first region of the surgical bed, and a master assist robot disposed at or adjacent to a second region of the surgical bed, the second region being apart from the first region, the slave assist robot comprising a robotic arm and configured to move at least one laparoscopic surgery instrument attached to the robotic arm, and the master assist robot comprising a control handle configured to control the robotic arm;
1. A method of performing a laparoscopic surgery, comprising: providing a surgical bed on which a patient is placed, a slave assist robot disposed at or adjacent to a first region of the surgical bed, and a master assist robot disposed at or adjacent to a second region of the surgical bed, the second region being apart from the first region, the slave assist robot being configured to move relative to the surgical bed and comprising a base and a robotic arm attached to the base, and the slave assist robot being configured to move at least one laparoscopic surgery instrument attached to the robotic arm, and the master assist robot comprising a control handle configured to control the robotic arm, the master assist robot and the slave assist robot being electrically connected to communicate each other;
providing a manual laparoscopic surgery tool;
providing a manual laparoscopic surgery tool at the second region of the surgical bed;
performing a combined laparoscopic surgery on the patient by controlling the control handle of the master assist robot with one hand of a surgeon positioned while controlling the manual laparoscopic surgery tool with the other hand of the surgeon;
performing a combined laparoscopic surgery on the patient by controlling the control handle of the master assist robot with one hand of a surgeon positioned at the second region of the surgical bed while controlling the manual laparoscopic surgery tool with the other hand of the surgeon;
receiving a set of surgery setting information comprising a type of the manual laparoscopic surgery tool;
receiving a set of surgery setting information comprising a type of the manual laparoscopic surgery tool;
in response to the received type of the manual laparoscopic surgery tool, selecting a first operation mode or a second operation mode differently controlling the laparoscopic surgery instrument from the first operation mode;
in response to the received type of the manual laparoscopic surgery tool, selecting the first operation mode or the second operation mode.
and operating the slave assist robot and the master assist robot in the selected one of the first operation mode or the second operation mode.
operating, during the laparoscopic surgery, the slave assist robot and the master assist robot in the other of the first operation mode or the second operation mode;
2. wherein each of the first operation mode and the second operation mode causing a positional change on an end tool of the laparoscopic surgery instrument in a different direction.
1. each of the first operation mode and the second operation mode causing a positional change on an end tool of the laparoscopic surgery instrument, wherein, in the first operation mode;
3. wherein, in the first operation mode, when the control handle of the master assist robot moves along a first direction, the robotic arm of the slave assist robot moves the end tool of the laparoscopic surgery instrument along a second direction opposite to the first direction, and wherein, in the second operation mode, when the control handle of the master assist robot moves along the first direction, the robotic arm of the slave assist robot moves the end tool of the laparoscopic surgery instrument along the first direction.
1. wherein, in the first operation mode, when the control handle of the master assist robot moves along a first direction, the robotic arm of the slave assist robot moves the end tool of the laparoscopic surgery instrument along a second direction opposite to the first direction, and wherein, in the second operation mode, when the control handle of the master assist robot moves along the first direction, the robotic arm of the slave assist robot moves the end tool of the laparoscopic surgery instrument along the first direction;
4. switching, during the laparoscopic surgery, from the selected one of the first operation mode or the second operation mode to the other of the first operation mode or the second operation mode in response to receiving a mode change input; and operating, during the laparoscopic surgery, the slave assist robot and the master assist robot in the other of the first operation mode or the second operation mode;
1. switching, during the laparoscopic surgery, from the one of the first operation mode or the second operation mode to the other of the first operation mode or the second operation mode in response to receiving a mode change input; operating, during the laparoscopic surgery, the slave assist robot and the master assist robot in the other of the first operation mode or the second operation mode;
5. wherein the first region and the second region are located at the same side of the surgical bed.
2. wherein the first region and the second region are located at the same side of the surgical bed.
6. wherein the first region and the second region are located at different sides of the surgical bed.
3. wherein the first region is located at a first side of the surgical bed and the second region is located at a second side of the surgical bed that is different from the first side.
7. wherein the slave assist robot is separate from the surgical bed and configured to move along at least one side of the surgical bed.
6. wherein the slave assist robot is separate from the surgical bed and configured to move along at least one side of the surgical bed.
8. wherein the surgical bed comprises a rail, the slave assist robot is coupled to the rail, and the slave assist robot is configured to move along the rail.
7. wherein the surgical bed comprises a rail, the slave assist robot is coupled to the rail, and the slave assist robot is configured to move along the rail.
9. wherein at least one of the master assist robot or the slave assist robot is detachably coupled to the respective first or second region of the surgical bed.
8. wherein at least one of the master assist robot or the slave assist robot is detachably coupled to the respective first or second region of the surgical bed.
10. wherein an additional slave assist robot is provided at or adjacent to the second region of the surgical bed and configured to move an additional laparoscopic surgery instrument attached to a robotic arm of the additional slave assist robot, wherein the laparoscopic surgery instrument and the additional laparoscopic surgery instrument are different from each other, and wherein the method further comprises: receiving a user input regarding at least one of a type of the manual laparoscopic surgery tool or a type of the laparoscopic surgery; and automatically selecting one of the laparoscopic surgery instrument or the additional laparoscopic surgery instrument based on the at least one of the type of the manual laparoscopic surgery tool or the type of the laparoscopic surgery.
9. wherein an additional slave assist robot is provided at or adjacent to the second region of the surgical bed and configured to move an additional laparoscopic surgery instrument attached to a robotic arm of the additional slave assist robot, wherein the laparoscopic surgery instrument and the additional laparoscopic surgery instrument are different from each other, and wherein the method further comprises: receiving a user input regarding at least one of a type of the manual laparoscopic surgery tool or a type of the laparoscopic surgery; and automatically selecting one of the laparoscopic surgery instrument or the additional laparoscopic surgery instrument based on the at least one of the type of the manual laparoscopic surgery tool and or the type of the laparoscopic surgery.
11. wherein the slave assist robot comprises a first robot arm and a second robot arm, and the at least one laparoscopic surgery instrument comprises a first laparoscopic surgery instrument attached to the first robot arm and a second laparoscopic surgery instrument attached to the second robot arm, wherein the method further comprises: performing a first movement of the control handle to select the first robot arm to which the first laparoscopic surgery instrument is attached, and performing a second movement of the control handle different from the first movement to select the second robot arm to which the second laparoscopic surgery instrument is attached.
10. wherein the slave assist robot comprises a first robot arm and a second robot arm, and the at least one laparoscopic surgery instrument comprises a first laparoscopic surgery instrument attached to the first robot arm and a second laparoscopic surgery instrument attached to the second robot arm, wherein the method further comprises: performing a first movement of the control handle to select the first robot arm to which the first laparoscopic surgery instrument is attached, and performing a second movement of the control handle different from the first movement to select the second robot arm to which the second laparoscopic surgery instrument is attached.
12. wherein the first movement and the second movement of the control handle are different in movement directions from each other.
11. wherein the first movement and the second movement of the control handle are different in movement directions from each other.
13. wherein the first movement and the second movement of the control handle are different in shaking times from each other.
12. wherein the first movement and the second movement of the control handle are different in shaking times from each other.
14. wherein controlling the control handle of the master assist robot with the one hand of the surgeon and controlling the manual laparoscopic surgery tool with the other hand of the surgeon are simultaneously performed.
13. wherein controlling the control handle of the master assist robot with the one hand of the surgeon and controlling the manual laparoscopic surgery tool with the other hand of the surgeon are simultaneously performed.
15. wherein controlling the control handle of the master assist robot with the one hand of the surgeon and controlling the manual laparoscopic surgery tool with the other hand of the surgeon are sequentially performed.
14. wherein controlling the control handle of the master assist robot with the one hand of the surgeon and controlling the manual laparoscopic surgery tool with the other hand of the surgeon are sequentially performed.
16. further comprising: in response to the type of the manual laparoscopic surgery tool being a first type, selecting the first operation mode; or in response to the type of the manual laparoscopic surgery tool being a second type different from the first type, selecting the second operation mode.
19. further comprising: in response to the type of the manual laparoscopic surgery tool being a first type, selecting the first operation mode; or in response to the type of the manual laparoscopic surgery tool being a second type different from the first type, selecting the second operation mode.
17. wherein the first type of the manual laparoscopic surgery tool comprises a straight type surgical instrument, and wherein the second type of the manual laparoscopic surgery tool comprises a multi-joint multi-degree of freedom hand-held surgical instrument.
20. wherein the first type of the manual laparoscopic surgery tool comprises a straight type surgical instrument, and wherein the second type of the manual laparoscopic surgery tool comprises a multi-joint multi-degree of freedom hand-held surgical instrument.
18. wherein the manual laparoscopic surgery tool comprises a plurality of manual laparoscopic surgery tools, wherein the slave assist robot comprises a plurality of slave assist robots, and wherein the set of surgery setting information further comprises a surgery location of the patient, a physical characteristic and professional field of an operator performing the laparoscopic surgery, the method further comprising: automatically determining one of the plurality of manual laparoscopic surgery tools and one of the plurality of slave assist robots based on the surgery location of the patient.
21. wherein the manual laparoscopic surgery tool comprises a plurality of manual laparoscopic surgery tools, wherein the slave assist robot comprises a plurality of slave assist robots, and wherein the set of surgery setting information further comprises a surgery location of the patient, a physical characteristic and professional field of an operator performing the laparoscopic surgery, the method further comprising: automatically determining one of the plurality of manual laparoscopic surgery tools and one of the plurality of slave assist robots based on the surgery location of the patient.
19. further comprising: storing a combination of multiple surgery locations, the plurality of manual laparoscopic surgery tools, and the plurality of slave assist robots as a mapping table in a memory; and automatically selecting an optimal combination of a manual laparoscopic surgery tool and a slave assist robot, or suggesting the optimal combination to the surgeon.
22. further comprising: storing a combination of multiple surgery locations, the plurality of manual laparoscopic surgery tools, and the plurality of slave assist robots as a mapping table in a memory; and automatically selecting an optimal combination of a manual laparoscopic surgery tool and a slave assist robot, or suggesting the optimal combination to the surgeon.
20. further comprising: determining a manner of controlling the master assist robot in response to the received type of the manual laparoscopic surgery tool.
18. further comprising: determining a manner of controlling the master assist robot in response to the received type of the manual laparoscopic surgery tool.
Although there is no prior art rejection, the claims are not in condition for allowance due to the double patenting rejection as disclosed above.
The following is an examiner’s statement of reasons for providing no prior art rejection:
The subject matter of the independent claim 1 could either not be found or was not suggested in the prior art: The closest prior art of record is US Pub. 20180036088. The prior art teaches a method of performing laparoscopic surgery comprising a surgical bed with a master assist and slave assist robot (fig. 2; paragraph 49). The subject matter not found was “receiving a set of surgery setting information comprising a type of the manual laparoscopic surgery tool; in response to the received type of the manual laparoscopic surgery tool, selecting a first operation mode or a second operation mode differently controlling the laparoscopic surgery instrument from the first operation mode,” in combination with the other limitations of the claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached on (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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