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 .
Status of Claims
This Office Action is in response to the application filed on 20 November 2024. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The Information Disclosure Statement(s) was/were submitted on 20 November 2024. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement(s) is/are being considered by the Examiner.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on an application DE10 2023 211 690.1 filed in Federal Republic of Germany on 23 November 2023.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome potential future rejections made using references falling between the filing date and the foreign priority date, because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. No action is required by Applicant at this time.
Claim Objections
Claim(s) 1, 12-13, and 16-18 is/are objected to because of the following informalities:
Claim 1: “a number of paths leading to the end stations” should be “a number of paths leading to the number of end stations”;
Claim 12: “accepts at least one of the end stations or the paths” should be “accepts at least one of the number of end stations or the number of paths”;
Claim 13: “building on the paths specified by the teach-in, undertakes a smoothing of the paths” should be “building on the number of paths specified by the teach-in, undertakes a smoothing of the number of paths”; and
Claims 16, 17, and 18: “configured to vary the direction of travel” should be “configured to vary [[the]] a direction of travel”.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “11” (FIG. 8; see para. 00108). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character "1" (in FIG. 8) has been used to designate path 11, instead of device 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “direction influencing device configured to vary” in claim(s) 1 (and claims 16-18).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Corresponding structure: “conventional steering” (para. 0016) or Mecanum wheels (para. 0047).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-20 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.
The terms “approximate” and “approximately” in claim 1 are relative terms which renders the claim indefinite. The terms “approximate” and “approximately” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 3 recites the limitation "the movement." There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the movement” is referring to movement of the power grip or movement of the mobile medical device. Examiner is interpreting “the movement” as movement of the mobile medical device.
Claim 4 recites the limitation "the movement." There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the movement” is referring to movement of the power grip or movement of the mobile medical device. Examiner is interpreting “the movement” as movement of the mobile medical device.
Claim 5 recites the limitation "the direction." There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the direction” is referring to the “direction of travel” or the “direction of movement” recited in claim 1. Examiner is interpreting “the direction” as “direction of travel”.
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.
Claim(s) 1-5, 7-11, 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20150216746-A1, hereinafter “Dirauf”.
Regarding claim 1: Dirauf discloses A method of operation of a mobile medical device (Dirauf, para. 0002: “The embodiments relate to a medical device and to a method for controlling a movement of the mobile medical device.”),
the mobile medical device including a chassis by which the mobile medical device is driven on a floor within a building, at least one drive configured to move, or support movement of, the mobile medical device (Dirauf, FIG. 1; para. 0006: “The embodiments relate to a medical device including a chassis [i.e., the mobile medical device including a chassis by which the mobile medical device is driven on a floor within a building] and a control apparatus, wherein (1) the medical device is embodied by the chassis to perform a movement in at least two spatial directions on a plane of motion and to execute a rotary movement about an axis of rotation standing perpendicularly on the plane of motion, and (2) the control apparatus is embodied for controlling the chassis.”; para. 0007: “The chassis may include at least one driving device, for example at least one maximally free-moving roller and/or at least one wheel [i.e., at least one drive configured to move, or support movement of, the mobile medical device]. The movement of the medical device may be controlled by an operator, wherein the chassis may be embodied as motor-assisted.”),
a direction influencing device configured to vary a direction of travel of the mobile medical device (Dirauf, para. 0008: “The control apparatus is coordinated with the chassis, in particular, in such a way that it enables the chassis, (e.g., the omnidirectional chassis), to be controlled. For this purpose, the control apparatus may simultaneously actuate at least two, (e.g., all), rollers of the chassis [i.e., a direction influencing device], for example, in order to effect a rotation of the medical device on the plane of motion [i.e., configured to vary a direction of travel of the mobile medical device]. Accordingly, the control apparatus is advantageously coordinated with the chassis in such a way that the control apparatus enables the medical device to move particularly easily in at least two spatial directions on the plane of motion and/or allows a rotary movement of the medical device about the axis of rotation [i.e., configured to vary a direction of travel of the mobile medical device].”), and
a control device configured to activate the at least one drive and the direction influencing device (Dirauf, para. 0008: “The control apparatus [i.e., a control device] is coordinated with the chassis, in particular, in such a way that it enables the chassis, (e.g., the omnidirectional chassis), to be controlled. For this purpose, the control apparatus may simultaneously actuate at least two, (e.g., all), rollers of the chassis, for example, in order to effect a rotation of the medical device on the plane of motion [i.e., configured to activate the at least one drive and the direction influencing device].”; para. 0010: “The use of omnidirectional wheels also enables a particularly easy rotary movement of the medical device about the axis of rotation. In this case, the omnidirectional wheels may be driven electrically, wherein the control apparatus is able to send signals to the electric drives of the omnidirectional wheels in order to change the rotational speed of the omnidirectional wheels and in that way to change the direction of travel of the medical device [i.e., configured to activate the at least one drive and the direction influencing device].”),
wherein a number of end stations and a number of paths leading to the end stations are known to the control device (Dirauf, FIG. 7; para. 0073: “In FIG. 7, the sensor 47 of the sensor unit is configured for lane detection for that purpose. A continuous lane marking 53 is detected, (e.g., sampled), by the sensor 47 and the movement path 52 is specified on the basis of the detected lane marking 53 [i.e., a number of paths leading to the end stations are known to the control device]. Toward that end the sensor 47 relays a detected lane marking signal to the control apparatus 42. The control apparatus 42 controls the chassis 41 of the medical device 40 on the basis of the detected lane marking signals in such a way that the medical device 40 follows the lane marking 53 in its movement.”; para. 0074: “At the end of the movement path 52, the strips of the lane marking 53 change their orientation so that the medical device 40 follows an end section 53a of the lane marking with an orientation of the chassis 41 rotated through 90°. In this way, the medical device 40 reaches a parking position C, in an equipment depot [i.e., wherein a number of end stations and a number of paths leading to the end stations are known to the control device], for example, in the correct alignment.”; para. 0075: “Thus, at position A and position B, the longitudinal direction 58 of the medical device 40 is aligned along the lane marking 53. At position C, the longitudinal direction 58 of the medical device 40 is aligned perpendicularly to the lane marking 53.”),
wherein a current position of the mobile medical device is known to the control device (Dirauf, para. 0080: “The absolute positions of the position markers 54 and the orientation of the position markers 54 are in this case stored in a memory unit of the control apparatus 42. Accordingly, the control apparatus 42 may determine the current location and orientation of the medical device 40 at any time by a referencing to a position marker 54 and accordingly guide the medical device 40 along the specified movement path 52.”), and
wherein the method comprises: accepting, by the control device, a drive request from an operator (Dirauf, FIG. 9; para. 0008: “The control apparatus may be embodied as automatic and accordingly enable an automatic control of the chassis. The control apparatus may also be embodied as manual, in which case it is possible, in particular, for an operator to take control of the chassis by the control apparatus [i.e., accepting, by the control device, a drive request from an operator]. The control apparatus is advantageously embodied simultaneously as automatic and manual, such that a manual control of the chassis by the control apparatus is superposed on an automatic control of the chassis. The control apparatus is embodied, in particular, to send control signals to the chassis, possibly to a motor driving the chassis. Furthermore, the control apparatus is advantageously embodied to receive control signals from an operator, in particular, via an interface.”);
establishing, by the control device, at least an approximate desired direction of movement by evaluating the drive request (Dirauf, para. 0061: “FIG. 5 depicts a manual control of a movement of a medical device 40 by a control element 44 having a force sensor 59 [i.e., the drive request]. In this case, the control apparatus 42 controls the chassis 41 on the basis of a force acting on the control element 44 and measured by the force sensor 59 [i.e., establishing, by the control device, at least an approximate desired direction of movement by evaluating the drive request]. The force sensor 59 detects a direction of a force acting on the control element as well as a strength of the force acting on the control element.”; para. 0062: “In the case depicted, the control element 44 is embodied as a handlebar. The handlebar is connected to a force sensor 59, the force sensor 59 being integrated in the control apparatus 42. The control apparatus 42 detects the force exerted on the handlebar by the operator 45. On the basis of an equation of motion, in particular, including virtual mass and friction of the medical device 40 that is to be moved, the control apparatus 42 controls the chassis 41.”; para. 0063: “Once again, movements of the control element 44 along a first control element movement direction 201 a and a second control element movement direction 202 a are depicted by way of example. These in turn lead to a movement of the medical device 40 along the first device movement direction 201 b or the second device movement direction 202 b [i.e., establishing, by the control device, at least an approximate desired direction of movement by evaluating the drive request].”);
activating, by the control device, the at least one drive only while the control device is accepting the drive request (Dirauf, para. 0062: “In the case depicted, the control element 44 is embodied as a handlebar. The handlebar is connected to a force sensor 59, the force sensor 59 being integrated in the control apparatus 42. The control apparatus 42 [i.e., activating, by the control device] detects the force exerted on the handlebar by the operator 45 [i.e., while the control device is accepting the drive request]. On the basis of an equation of motion, in particular, including virtual mass and friction of the medical device 40 that is to be moved, the control apparatus 42 controls the chassis 41 [i.e., activating, by the control device, the at least one drive].”);
activating, by the control device, the direction influencing device to drive the mobile medical device on a path among the paths while the control device is accepting the drive request and while the current position of the mobile medical device is located at least approximately on the path (Dirauf, para. 0025: “One embodiment variant provides that in the event of a deviation of the movement of the medical device from the movement path on account of the intervention in the movement of the medical device [i.e., while the current position of the mobile medical device is located at least approximately on the path], the control apparatus will guide the medical device back onto the movement path [i.e., activating, by the control device, the direction influencing device to drive the mobile medical device on a path among the paths]. Accordingly, the movement path is embodied in particular as an ideal movement path for the medical device. The control apparatus may guide the medical device back onto the ideal movement path all the more forcibly, the further the chassis deviates from the ideal movement path. Accordingly, the user, for example, applies a greater force to the control element in order to cause the medical device to deviate further from the ideal movement path by manual control [i.e., while the control device is accepting the drive request]. The control apparatus may also specify a maximum deviation from the ideal movement path that may not be exceeded [i.e., while the current position of the mobile medical device is located at least approximately on the path]. The medical device may also have a switchover unit that enables an operator to toggle between manual control and automatic control of the movement of the medical device. Automatic guidance of the medical device back onto the movement path, in particular, in combination with the manual control of the movement of the medical device, allows a particularly simple, yet nonetheless manually adjustable, control of the movement of the medical device.”); and
continuously updating, by the control device, the current position of the mobile medical device during movement of the mobile medical device (Dirauf, para. 0080: “The absolute positions of the position markers 54 and the orientation of the position markers 54 are in this case stored in a memory unit of the control apparatus 42. Accordingly, the control apparatus 42 may determine the current location and orientation of the medical device 40 at any time by a referencing to a position marker 54 and accordingly guide the medical device 40 along the specified movement path 52.”).
Regarding claim 2: Dirauf discloses The method of operation as claimed in claim 1,
wherein the control device evaluates an effect, on a first power grip of the mobile medical device in a horizontal direction, of the drive request in the horizontal direction (Dirauf, para. 0008: “Accordingly, the control apparatus [i.e., a first power grip of the mobile medical device] is advantageously coordinated with the chassis in such a way that the control apparatus enables the medical device to move particularly easily in at least two spatial directions on the plane of motion and/or allows a rotary movement of the medical device about the axis of rotation [i.e., the control device evaluates an effect, on a first power grip of the mobile medical device in a horizontal direction, of the drive request in the horizontal direction].”) and
having a force above a first minimum force (Dirauf, para. 0015: “…the at least one control element [i.e., a first power grip of the mobile medical device] includes a force sensor, the control apparatus controlling the chassis on the basis of a force acting on the at least one control element [i.e., a force] and measured by the force sensor. For that purpose, the force sensor is embodied to measure the external force acting on the control element. Accordingly, the force sensor may be advantageously positioned, (e.g., on the control element or inside the control element), for the purpose of detecting the force. In this case, the force is exerted in particular by the operator [i.e., having a force above a first minimum force], in particular, when the medical device is being moved by the control element. The force may be, for example, a push or pull exerted on the control element by the operator.”).
Regarding claim 3: Dirauf discloses The method of operation as claimed in claim 2,
wherein the control device evaluates an effect, on the first power grip in a horizontal transverse direction, of a request for a change in direction of the movement with a force above a second minimum force, wherein the control device activates the direction influencing device accordingly, and wherein the horizontal transverse direction is orthogonal to the horizontal direction (Dirauf, para. 0011: “…the control apparatus [i.e., the control device] includes at least one control element [i.e., the first power grip] that is embodied for controlling the chassis and to be operated by an operator [i.e., a request for a change in direction of the movement with a force above a second minimum force]…Accordingly, the movement of the control element advantageously has at least two degrees of freedom that are coordinated with the at least two spatial directions of the movement of the medical device [i.e., the first power grip in a horizontal transverse direction…wherein the control device activates the direction influencing device accordingly, and wherein the horizontal transverse direction is orthogonal to the horizontal direction]. If an omnidirectional chassis is employed for moving the medical device, the control element will advantageously be likewise movable in any spatial directions parallel to the plane of motion [i.e., the horizontal transverse direction is orthogonal to the horizontal direction].”).
Regarding claim 4: Dirauf discloses The method of operation as claimed in claim 1,
wherein the control device evaluates an effect, in a horizontal direction and on a first power grip and a second power grip of the mobile medical device, of a drive request in the horizontal direction and with a first force and a second force above a first minimum force (Dirauf, FIG. 2; para. 0015: “…the at least one control element includes a force sensor, the control apparatus [i.e., the control device evaluates an effect] controlling the chassis on the basis of a force acting on the at least one control element and measured by the force sensor. For that purpose, the force sensor is embodied to measure the external force acting on the control element. Accordingly, the force sensor may be advantageously positioned, (e.g., on the control element or inside the control element), for the purpose of detecting the force. In this case, the force is exerted in particular by the operator [i.e., wherein the control device evaluates an effect…with a first force and a second force above a first minimum force], in particular, when the medical device is being moved by the control element.”; para. 0048: “Both control elements 44a, 44b [i.e., a first power grip and a second power grip of the mobile medical device] may be moved by the operator 45 [i.e., a drive request] along a first control element movement direction 201a [i.e., in a horizontal direction] and a second control element movement direction 202a [i.e., in a horizontal direction].”),
wherein the first power grip and the second power grip are spaced horizontally from one another when viewed orthogonally to the horizontal direction (Dirauf, FIG. 2; FIG. 3; FIG. 5; FIG. 6; para. 0011: “The control apparatus may also have a plurality of control elements [i.e., first power grip and the second power grip], in particular, arranged at different positions of the medical device [i.e., spaced horizontally from one another when viewed orthogonally to the horizontal direction]. For example, a control element may be mounted at each of two opposite sides of the medical device.”), and
the control device evaluates an effect on the first power grip and the second power grip in the horizontal direction, of a request for a change in direction of the movement with the first force or the second force above the first minimum force, and the control device activates the direction influencing device accordingly (Dirauf, para. 0049: “The control elements 44a, 44b are connected to the chassis 41 of the medical device 40 via the control apparatus 42 [i.e., the control device] in such a way that a movement of the control elements 44a, 44b [i.e., the control device evaluates an effect on the first power grip and the second power grip] along the first control element movement direction 201a [i.e., in the horizontal direction] triggers a movement of the medical device 40 by the chassis 41 along a first device movement direction 201b [i.e., a request for a change in direction of the movement with the first force or the second force above the first minimum force, and the control device activates the direction influencing device accordingly]. The first control element movement direction 201a is in this case aligned parallel to the first device movement direction 201b. Thus, for example, a forward movement of the joystick leads to a forward movement of the medical device 40.”).
Regarding claim 5: Dirauf discloses The method of operation as claimed in claim 1,
wherein, when the mobile medical device encounters a path while driving at an angle that is less than or equal to an acute limit angle, the control device automatically determines the direction in which to drive the mobile medical device on the path (Dirauf, para. 0007: “There is in particular no need to rotate the medical device in order to effect a change in direction in the movement of the medical device. The change in direction of the medical device may therefore be accomplished directly. The chassis, in particular, the driving device of the chassis, is therefore able to change its orientation on the plane of motion in any desired direction. It is advantageous that the position of the axis of rotation with respect to the medical device may be specified arbitrarily [i.e., mobile medical device encounters a path while driving at an angle that is less than or equal to an acute limit angle]. In this case, the axis of rotation may move in synchronism with the medical device [i.e., control device automatically determines the direction in which to drive the mobile medical device on the path]. The axis of rotation may maintain its position with respect to the medical device without any external intervention.”; para. 0012: “Advantageously, the axis of rotation may in this case be set and/or varied, (for example, as described in the following paragraph), by the operator or automatically. The rotary movement of the medical device about the axis of rotation is advantageously executed around the currently selected axis of rotation. The translation of the control element rotary movement into a rotary movement of the chassis enables the operator to control the medical device in a particularly intuitive and simple manner. The medical device is also able to negotiate corners, whereby a linear movement of the control element is overlaid with a control element rotary movement. Alternatively, it is also possible to activate an operating mode in which a linear movement of the control element that deviates in particular from the current direction of travel of the medical device is interpreted as a tangential movement about the axis of rotation and initiates a rotation of the chassis about the axis of rotation.”).
Regarding claim 7: Dirauf discloses The method of operation as claimed in claim 1,
wherein the control device brings about, or at least supports, movement on the path, taking into account limit values for temporal derivations of the current position of the mobile medical device on the path, wherein the limit values vary along the path (Dirauf, para. 0089: “In the case depicted, the spatial contours 56 are the walls, of a corridor for example, which are located in the environment of the medical device 40. The movement path 52 is specified by the control apparatus 42 in such a way that the medical device 40 moves at a predefined distance, (in particular, a minimum distance), from the walls [i.e., wherein the control device brings about, or at least supports, movement on the path]. The orientation of the chassis 41 is automatically adjusted to the progression of the spatial contours 56. The speed of movement of the medical device 40 may in this case be specified manually by the operator 45 or automatically [i.e., taking into account limit values for temporal derivations of the current position of the mobile medical device on the path, wherein the limit values vary along the path].”).
Regarding claim 8: Dirauf discloses The method of operation as claimed in claim 1,
wherein while the mobile medical device is being driven, the control device continuously accepts information about an environment of the mobile medical device (Dirauf, para. 0018: “…the sensor unit includes at least one obstacle sensor that is embodied to detect signals from obstacles in respect of the movement of the medical device. The obstacle sensor may be embodied as a contactless, (e.g., optical), or as a tactile sensor.”),
the control device evaluates the information about the environment to determine whether an obstacle is located on the path (Dirauf, para. 0018: “Obstacles in respect of the movement of the medical device are located, in particular, in the specified movement path of the medical device.”), and
in the event of an obstacle on the path, the control device automatically plans a diversion route by which the mobile medical device drives around the obstacle and on the diversion route (Dirauf, para. 0018: “In this context, obstacles may be, for example, objects or persons. On the basis of the signals of the obstacle sensor, (for example, if the obstacle sensor detects an obstacle in the movement path of the medical device [i.e., in the event of an obstacle on the path]), the control apparatus may stop or slow down the chassis of the medical device or adjust the movement of the medical device so that the medical device skirts around the obstacle [i.e., control device automatically plans a diversion route by which the mobile medical device drives around the obstacle and on the diversion route].”).
Regarding claim 9, and analogous claim 19: Dirauf discloses The method of operation as claimed in claim 1,
wherein, when a minimum distance to an end station is not reached, with a simultaneous movement towards the end station, the control device either sets an activation of the direction influencing device to drive on the path or drives towards the end station on the path when the control device is no longer accepting the drive request (Dirauf, FIG. 9; para. 0082: “In the case depicted, the start position A is, by way of example, a parking position of the medical device 40, in an equipment depot, for example. In the case depicted, the end position B is, by way of example, a deployment site of the medical device 40 [i.e., a minimum distance to an end station is not reached]. Accordingly, following completion of its deployment at the end position B, the medical device 40 is to be moved back again automatically to the start position A [i.e., , with a simultaneous movement towards the end station, the control device either sets an activation of the direction influencing device to drive on the path or drives towards the end station on the path when the control device is no longer accepting the drive request].”; para. 0083: “Conversely, the case may of course also apply whereby the start position A is the deployment site and the end position B is the parking position. An example of this case is the deployment of a medical device 40 embodied as a mobile C-arm X-ray system in an operating room: At the deployment site of the medical device 40, the start position A, a first X-ray image is acquired of a patient positioned on an operating table. The medical device 40 is thereafter driven under manual or automatic control to a park position, the end position B [i.e., , with a simultaneous movement towards the end station, the control device either sets an activation of the direction influencing device to drive on the path or drives towards the end station on the path when the control device is no longer accepting the drive request]. In this way, the medical device 40 does not impede the work being carried out at the operating table. Later, the medical device 40 may automatically return to the previous deployment site and in turn acquire a second X-ray image.”).
Regarding claim 10: Dirauf discloses The method of operation as claimed in claim 1,
wherein the control device is configured to accept a request for reversal of direction, and turn the mobile medical device by 180° about a vertical axis based on the request for reversal of direction (Dirauf, para. 0012: “…the at least one control element has a longitudinal axis and is embodied to perform a control element rotary movement about the longitudinal axis of the at least one control element [i.e., the control device is configured to accept a request for reversal of direction]. In such an embodiment, the control apparatus is embodied to initiate a rotary movement of the medical device about the axis of rotation on the basis of the control element rotary movement [i.e., turn the mobile medical device by 180° about a vertical axis based on the request for reversal of direction]. Accordingly, a rotary movement of the medical device, (e.g., of the chassis of the medical device), may be triggered by a control element rotary movement, a rotation of the control element.”).
Regarding claim 11: Dirauf discloses The method of operation as claimed in claim 1,
wherein the control device accepts a specification of an end station to be driven to, and building on the current position of the mobile medical device and the end station to be driven to, automatically establishes which path leads from the current position to the end station (Dirauf, FIG. 9; para. 0084: “During the movement of the medical device 40 from the start position A to the end position B, the outward leg 60, the sensor 47 in this case detects pattern structures 55 and position markers 54 in an environment of the medical device 40. On the outward leg 60, the movement of the medical device 40 is controlled manually by the operator 45. The movement path 52 from the end position B back to the start position A is specified by the control apparatus 42 [i.e., the control device accepts a specification of an end station to be driven to, and building on the current position of the mobile medical device and the end station to be driven to, automatically establishes which path leads from the current position to the end station] on the basis of the detected pattern structures 55 and position markers 54. In this case, the sensor 47 again detects the pattern structures 55 and position markers 54 on the movement path 52.”).
Regarding claim 16: Dirauf discloses the method as claimed in claim 1 and A non-transitory computer-readable storage medium storing a control program for a control device of a mobile medical device that includes a chassis by which the mobile medical device is driven on a floor within a building, at least one drive to move, or support movement of, the mobile medical device, and a direction influencing device configured to vary the direction of travel of the mobile medical device (Dirauf, para. 0080: “…a memory unit of the control apparatus 42 [i.e., A non-transitory computer-readable storage medium] .”; para. 0008: “The control apparatus may be embodied as automatic and accordingly enable an automatic control of the chassis [i.e., A non-transitory computer-readable storage medium storing a control program for a control device of a mobile medical device that includes a chassis by which the mobile medical device is driven on a floor within a building]. The control apparatus may also be embodied as manual, in which case it is possible, in particular, for an operator to take control of the chassis by the control apparatus. The control apparatus is advantageously embodied simultaneously as automatic and manual, such that a manual control of the chassis by the control apparatus is superposed on an automatic control of the chassis. The control apparatus is embodied, in particular, to send control signals to the chassis, possibly to a motor driving the chassis [i.e., at least one drive to move, or support movement of, the mobile medical device]. Furthermore, the control apparatus is advantageously embodied to receive control signals from an operator, in particular, via an interface.”; para. 0010: “By adjusting the rotational speed control of the omnidirectional wheels, in particular, by the control apparatus, the chassis may travel in any desired direction on the plane of motion and/or change its orientation in any desired direction on the plane of motion. The use of omnidirectional wheels also enables a particularly easy rotary movement of the medical device about the axis of rotation. In this case, the omnidirectional wheels may be driven electrically, wherein the control apparatus is able to send signals to the electric drives of the omnidirectional wheels [i.e., direction influencing device configured to vary the direction of travel of the mobile medical device] in order to change the rotational speed of the omnidirectional wheels and in that way to change the direction of travel of the medical device.”),
wherein the control program comprises machine code that, when processed by the control device, causes the control device to carry out the method as claimed in claim 1 (Dirauf, see claim 1 analysis, above).
Regarding claim 17: Dirauf discloses the method as claimed in claim 1 and A control device of a mobile medical device including a chassis by which the mobile medical device is driven on a floor within a building, at least one drive configured to move, or support movement of, the mobile medical device, and a direction influencing device configured to vary the direction of travel of the mobile medical device (Dirauf, para. 0008: “The control apparatus [i.e., A control device of a mobile medical device] is coordinated with the chassis, in particular, in such a way that it enables the chassis, (e.g., the omnidirectional chassis), to be controlled [i.e., including a chassis by which the mobile medical device is driven on a floor within a building]. For this purpose, the control apparatus may simultaneously actuate at least two, (e.g., all), rollers of the chassis, for example, in order to effect a rotation of the medical device on the plane of motion. Accordingly, the control apparatus is advantageously coordinated with the chassis in such a way that the control apparatus enables the medical device to move particularly easily in at least two spatial directions on the plane of motion and/or allows a rotary movement of the medical device about the axis of rotation. The control apparatus may be embodied as automatic and accordingly enable an automatic control of the chassis. The control apparatus may also be embodied as manual, in which case it is possible, in particular, for an operator to take control of the chassis by the control apparatus. The control apparatus is advantageously embodied simultaneously as automatic and manual, such that a manual control of the chassis by the control apparatus is superposed on an automatic control of the chassis. The control apparatus is embodied, in particular, to send control signals to the chassis, possibly to a motor driving the chassis [i.e., at least one drive configured to move, or support movement of, the mobile medical device].”; para. 0010: “By adjusting the rotational speed control of the omnidirectional wheels, in particular, by the control apparatus, the chassis may travel in any desired direction on the plane of motion and/or change its orientation in any desired direction on the plane of motion. The use of omnidirectional wheels also enables a particularly easy rotary movement of the medical device about the axis of rotation. In this case, the omnidirectional wheels may be driven electrically, wherein the control apparatus is able to send signals to the electric drives of the omnidirectional wheels [i.e., a direction influencing device configured to vary the direction of travel of the mobile medical device] in order to change the rotational speed of the omnidirectional wheels and in that way to change the direction of travel of the medical device.”),
wherein the control device is configured to carry out the method as claimed in claim 1 (Dirauf, see claim 1 analysis, above).
Regarding claim 18: Dirauf discloses the control device of claim 17 and A mobile medical device, comprising: a chassis by which the mobile medical device is driven on a floor within a building; at least one drive configured to move, or support movement of, the mobile medical device; a direction influencing device configured to vary the direction of travel of the mobile medical device (Dirauf, para. 0020: “…a method that serves to control a movement of a mobile medical device [i.e., A mobile medical device], wherein the medical device includes a sensor unit having at least one sensor and a control apparatus, wherein the control apparatus specifies a movement path for the movement of the medical device on the basis of signals detected by the at least one sensor of the sensor unit. The medical device moves in particular along the movement path. Toward that end the control apparatus may control an, in particular, omnidirectional, chassis of the medical device [i.e., a chassis by which the mobile medical device is driven on a floor within a building].”; para. 0010: “By adjusting the rotational speed control of the omnidirectional wheels, in particular, by the control apparatus, the chassis may travel in any desired direction on the plane of motion and/or change its orientation in any desired direction on the plane of motion. The use of omnidirectional wheels [i.e., a direction influencing device configured to vary the direction of travel of the mobile medical device] also enables a particularly easy rotary movement of the medical device about the axis of rotation. In this case, the omnidirectional wheels may be driven electrically, wherein the control apparatus is able to send signals to the electric drives [i.e., at least one drive configured to move, or support movement of, the mobile medical device] of the omnidirectional wheels in order to change the rotational speed of the omnidirectional wheels and in that way to change the direction of travel of the medical device.”); and
the control device of claim 17, wherein the control device is configured to activate the at least one drive and the direction influencing device (Dirauf, see claim 17, above; para. 0010: “By adjusting the rotational speed control of the omnidirectional wheels, in particular, by the control apparatus [i.e., the control device], the chassis may travel in any desired direction on the plane of motion and/or change its orientation in any desired direction on the plane of motion. The use of omnidirectional wheels [i.e., direction influencing device] also enables a particularly easy rotary movement of the medical device about the axis of rotation. In this case, the omnidirectional wheels may be driven electrically, wherein the control apparatus is able to send signals to the electric drives [i.e., at least one drive] of the omnidirectional wheels in order to change the rotational speed of the omnidirectional wheels [i.e., activate the at least one drive and the direction influencing device] and in that way to change the direction of travel of the medical device.”).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dirauf as applied to claim 1 above, and further in view of US-20230168679-A1, hereinafter “Brooks”.
Regarding claim 6: Dirauf discloses The method of operation as claimed in claim 1, but does not appear to explicitly disclose the following:
wherein, in case of a fork and in absence of a request for a change in direction as a further path beyond the fork, the control device automatically selects a path for which driving on said path corresponds to a minimum change in direction.
However, in the same field of endeavor, Brooks teaches:
wherein, in case of a fork and in absence of a request for a change in direction as a further path beyond the fork, the control device automatically selects a path for which driving on said path corresponds to a minimum change in direction (Brooks, para. 0127: “A determination is made at 620 as to whether to return the robotic cart to independent operation. In some implementations, the robotic cart may immediately return to independent operation [i.e., the control device automatically selects a path for which driving on said path corresponds to a minimum change in direction] when additional manual actions are not performed [i.e., wherein, in case of a fork and in absence of a request for a change in direction as a further path beyond the fork]. Alternatively, or additionally, the robotic cart may return to independent operation when one or more conditions is met. For example, the robotic cart may return to independent operation when manual action has not been requested within a designated period of time [i.e., in case of a fork and in absence of a request for a change in direction as a further path beyond the fork, the control device automatically selects a path for which driving on said path corresponds to a minimum change in direction].”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Dirauf, with the concept of a control device of an autonomous/semi-autonomous mobile device, which operates in an indoor environment alongside humans, to switch from a manual mode of control to an autonomous mode of control when a manual mode control request is absent, taught by Brooks, in order for the autonomous/semi-autonomous mobile device to efficiently and safely navigate its environment (Brooks, para. 0122: “In some embodiments, determining a plan of action may involve determining whether a requested manual action needs to be modified. For example, if a human provides input indicating that the robotic cart is to move in a particular direction at a high rate of speed, and the robotic cart determines that such an action would be not permitted (as discussed with respect to FIG. 7 ), then the robotic cart may determine a different plan of action. For instance, the robotic cart may determine a plan that involves moving in a different (e.g., similar) direction or a different (e.g., lower) rate of speed than the action requested. In this way, the robotic cart may comply with the human’s request while avoiding such pitfalls as stairs, ledges, bumps, or holes, and while avoiding creating conditions that are unsafe for humans, animals, objects, or other robots.”).
Claim(s) 12-15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dirauf as applied to claim 1 above, and further in view of “Welcome to the video showcasing our latest product – Model C2, an Autonomous Material Transport Cart, powered by Q.AI”, hereinafter “Quasi”.
Regarding claim 12: Dirauf discloses The method of operation as claimed in claim 1,
Dirauf does not appear to explicitly disclose the following:
wherein the control device accepts at least one of the end stations or the paths in a learning mode by a teach-in.
However, in the same field of endeavor, Quasi teaches:
wherein the control device accepts at least one of the end stations or the paths in a learning mode by a teach-in (Quasi, video timestamp: 00:55-02:37, transcript: “Initial setup is simple, just give C2 [i.e., the control device] a one-time tour of your facility, its advanced sensors will automatically scan the environment and build an internal map for each visited location [i.e., accepts at least one of the end stations or the paths in a learning mode by a teach-in]. Once a destination point is named, C2 remembers its exact location and position as a way point for future drop offs and pickups and if anything changes waypoints can be modified [i.e., accepts at least one of the end stations or the paths in a learning mode by a teach-in] for shifting priorities just as easily on C2's intuitive touchscreen user interface.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Dirauf, with the concept of teaching a control device of an autonomous/semi-autonomous mobile device, which operates in an indoor environment alongside humans, various end stations and paths, taught by Quasi, in order for the mobile device to generate and store in memory, a map of the environment in which it operates (Quasi, video timestamp: 00:55-02:37, transcript: “Initial setup is simple, just give C2 a one-time tour of your facility, its advanced sensors will automatically scan the environment and build an internal map for each visited location…”).
Regarding claim 13: Dirauf and Quasi teach The method of operation as claimed in claim 12, and Quasi further teaches the following:
wherein the control device, building on the paths specified by the teach-in, undertakes a smoothing of the paths (Quasi, video timestamp: 00:55-02:37, transcript: “Once a destination point is named, C2 remembers its exact location and position as a way point for future drop offs and pickups [i.e., the teach-in] and if anything changes waypoints can be modified for shifting priorities just as easily on C2's intuitive touchscreen user interface. When a waypoint is selected for delivery [i.e., building on the paths specified by the teach-in], C2 [i.e., the control device] calculates its optimal route [i.e., undertakes a smoothing of the paths] and navigates to each location autonomously.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Dirauf, as modified by Quasi, with the concept of a control device of an autonomous/semi-autonomous mobile device, which operates in an indoor environment alongside humans, smoothing paths generated during a teaching mode, taught by Quasi, in order for the mobile device to most efficiently navigate its environment (Quasi, video timestamp: 00:55-02:37, transcript: “When a waypoint is selected for delivery, C2 calculates its optimal route and navigates to each location autonomously.”).
Regarding claim 14, and analogous claim 20: Dirauf discloses The method of operation as claimed in claim 1, but does not appear to explicitly disclose the following:
wherein the control device accepts positions at which the mobile medical device is parked, but that are not end stations, stores the positions, and accepts a position as an end station when the mobile medical device is parked at the position a threshold number of times.
However, in the same field of endeavor, Quasi teaches:
wherein the control device accepts positions at which the mobile medical device is parked, but that are not end stations, stores the positions, and accepts a position as an end station when the mobile medical device is parked at the position a threshold number of times (Quasi, video timestamp: 00:55-02:37, transcript: “Once a destination point is named, C2 remembers its exact location and position as a way point for future drop offs and pickups and if anything changes waypoints can be modified for shifting priorities just as easily on C2's intuitive touchscreen user interface.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Dirauf, with the concept of a control device of an autonomous/semi-autonomous mobile device, which operates in an indoor environment alongside humans, accepting new end stations based on a parked position being used a threshold number of times, taught by Quasi, in order for the mobile device to most efficiently navigate its environment while it operates to facilitate tasks for the operator(s) (Quasi, video timestamp: 00:55-02:37, transcript: “When a waypoint is selected for delivery, C2 calculates its optimal route and navigates to each location autonomously.”).
Regarding claim 15: Dirauf and Quasi teach The method of operation as claimed in claim 14, and Quasi further teaches the following:
wherein, with regard to the positions at which the mobile medical device is parked, the control device also stores associated routes to the positions and accepts the associated routes as paths when the positions are accepted as end stations (Quasi, video timestamp: 00:55-02:37, transcript: “Once a destination point is named, C2 remembers its exact location and position as a way point for future drop offs and pickups [i.e., with regard to the positions at which the mobile medical device is parked] and if anything changes waypoints can be modified for shifting priorities just as easily on C2's intuitive touchscreen user interface. When a waypoint is selected for delivery, C2 calculates its optimal route and navigates to each location autonomously [i.e., the control device also stores associated routes to the positions and accepts the associated routes as paths when the positions are accepted as end stations].”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable likelihood of success to modify the invention disclosed by Dirauf, as modified by Quasi, with the concept of a control device of an autonomous/semi-autonomous mobile device, which operates in an indoor environment alongside humans, storing end stations and associated routes to the end stations, taught by Quasi, in order for the mobile device to most efficiently navigate its environment (Quasi, video timestamp: 00:55-02:37, transcript: “When a waypoint is selected for delivery, C2 calculates its optimal route and navigates to each location autonomously.”).
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20110313604-A1 (2011-12-22) | ” The present invention has an object of providing an electric vehicle which makes an assisting movement based on an operation by an operator without making a movement when an operator is not operating the electric vehicle or a movement which widely differs from a movement intended by the operator in direction or distance, and a method of controlling the electric vehicle. The electric vehicle (1) includes an operating force measurement unit (4) which measures an operating force applied by an operator (13) to the electric vehicle (1), an obstacle measurement unit (8) which measures a distance and a direction from the electric vehicle (1) to an obstacle…” Relevant to claim 1-2, 8, 10, 16-18.
"Assistive/Autonomous Carts” (2024-05-24) | A “power-assist system designed to alleviate the push/pull effort required when operating logistic transportation units, such as medical, food, and laundry carts—particularly on slopes and carpets. This proposed feature boasts a natural interface, eliminating the need for a throttle paddle, brake handle, or speed switch. Upon the operator initiating the pull/push action on the handle, the electrical motor seamlessly generates assist torque. When there is no force detected on the handle, the cart will start to slow down gradually. Additionally, an embedded obstacle detection system dynamically adjusts the speed to prevent collisions during pushing.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET.
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/L.N.M./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663