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 .
Prosecution History Summary
Claims 7, 9, 11, 13-14, and 16-19 are amended.
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hamidi (U.S. Patent No. 12,527,889).
As per claim 1, Hamidi teaches a computer-implemented method, comprising:
-during a performance of a surgical procedure on a patient, adjusting, using a processor, processing of a dataflow associated with a surgical system, which is located within a first digital fence surrounding an aspect of the surgical procedure, in response to the surgical system moving into a second digital fence that is nested within the first digital fence (Hamidi: col. 28, 21-43; col. 28, 55-64; Radar sensors defining a boundary and second set of radar sensors at the outer boundary collectively defining virtual fence.);
-wherein the dataflow includes data regarding a measured patient parameter that at least one of a surgical hub, a cloud-base server, and the surgical system (Hamidi: col. 4, 9-28) is configured to use in performing a function during the performance of the surgical procedure (Hamidi: col. 7, 10-22; Authorize the subject to perform tasks based on parameter retrieved from sensor data.).
As per claim 2, the method of claim 1 is as described. Hamidi further teaches wherein the first digital fence represents a fence surrounding a physical space (Hamidi: col. 28, 21-43; col. 28, 55-64).
As per claim 3, the method of claim 2 is as described. Hamidi further teaches wherein the physical space is an operating room in which the surgical procedure is to be performed (Hamidi: col. 28, 21-43; col. 28, 55-64; Operating room); and
-the second digital fence represents a fence surrounding a partial portion of the operating room (Hamidi: col. 28, 21-43; col. 28, 55-64; Surrounding a tray within the operating room.).
As per claim 4, the method of claim 3 is as described. Hamidi further teaches wherein the second digital fence represents a fence surrounding a surgical field in the operating room (Hamidi: col. 28, 21-43; col. 28, 55-64).
As per claim 5, the method of claim 1 is as described. Hamidi further teaches wherein the first digital fence represents a fence surrounding a temporal space (Hamidi: col. 6, 55-64; Receiving sensor data from monitored enclosure at defined time intervals.).
As per claim 6, the method of claim 5 is as described. Hamidi further teaches wherein the temporal space is a total amount of time in which the surgical procedure is to be performed (Hamidi: col. 27, 1-18; Perform a set of activities within the operating room for a duration of time.); and
-the second digital fence represents a fence surrounding a portion of the total amount of time (Hamidi: col. 29, 63 to col. 30, 8; Transmit from sensors for the complete time duration regarding objects within the operating room.).
As per claim 7, the method of claim 6 is as described. Hamidi further teaches wherein:
- instructions, when executed by the processor, further cause the processor to perform operations comprising:
-adjust the processing of the dataflow associated with the surgical system, which is located within the first digital fence, in response to the surgical system moving into a third digital fence that is nested within the first digital fence (Hamidi: col. 19, 29-37; Pre-defined safe zones or virtual fences.); and
-the third digital fence represents a fence surrounding a second, different portion of the total amount of time (Hamidi: col. 30, 9-21).
As per claim 8, the method of claim 1 is as described. Hamidi further teaches wherein adjusting the processing comprises at least one of:
-adjusting a data flow rate of the dataflow,
-adjusting a bandwidth capacity of the dataflow (Hamidi: col. 5, 30-45; Optimal network),
-adjusting a latency of the dataflow,
-matching the processing of the dataflow with a processing of a second dataflow of a second
-surgical system located in the second digital fence, and
-preventing transmission of the dataflow.
As per claim 9, the method of claim 1 is as described. Hamidi further teaches wherein the instructions, when executed by the processor, further cause the processor to perform operations comprising: adjust the processing of the dataflow associated with the surgical system, which is located within the first digital fence, in response to the surgical system moving into a third digital fence that is nested within the first digital fence and is different from the second digital fence (Hamidi: col. 19, 29-37; Pre-defined safe zones or virtual fences.).
As per claim 10, the method of claim 9 is as described. Hamidi further teaches wherein the first digital fence represents a fence surrounding a physical space (Hamidi: col. 28, 21-43; col. 28, 55-64);
-the physical space is an operating room in which the surgical procedure is to be performed (Hamidi: col. 28, 21-43; col. 28, 55-64);
-the second digital fence represents a fence surrounding a first portion of a surgical field in the operating room (Hamidi: col. 28, 21-43; col. 28, 55-64); and
-the third digital fence represents a fence surrounding a second, different portion of the surgical field in the operating room (Hamidi: col. 19, 29-37; Pre-defined safe zones or virtual fences.).
As per claim 11, the method of claim 1 is as described. Hamidi further teaches wherein the instructions, when executed by the processor, further cause the processor to perform operations comprising: adjust the processing of the dataflow associated with the surgical system, which is located within the second digital fence, in response to the surgical system moving out of the second digital fence and remaining in the first digital fence (Hamidi: col. 23, 3-28; Monitoring within the enclosure.).
As per claim 12, the method of claim 11 is as described. Hamidi further teaches wherein a predefined first set of rules for processing data is associated with the first digital fence (Hamidi: col. 28, 21-43; col. 29, 10-27; First set of virtual fences detect objects within the fence and process that information.);
-a predefined second set of rules for processing data is associated with the second digital fence (Hamidi: col. 28, 21-43; col. 29, 10-27; Second set of virtual fence process information within that fence.);
-the adjusting in response to the surgical system moving into the second digital fence comprises the dataflow being processed in accordance with the predefined first set of rules and the predefined second set of rules (Hamidi: col. 29, 10-62; Adjusted and calibrated); and
-the adjusting in response to the surgical system moving out of the second digital fence comprises the dataflow being processed in accordance with the predefined first set of rules and not in accordance with the predefined second set of rules (Hamidi: col. 29, 10-62; Adjusted and calibrated).
As per claim 13, the method of claim 1 is as described. Hamidi further teaches wherein a predefined first set of rules for processing data is associated with the first digital fence (Hamidi: col. 28, 21-43; col. 29, 10-62);
-a predefined second set of rules for processing data is associated with the second digital fence (Hamidi: col. 28, 21-43; col. 29, 10-62); and
-the adjusting comprises processing the dataflow in accordance with the predefined second set of rules in addition to the predefined first set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 14, the method of claim 13 is as described. Hamidi further teaches wherein the instructions, when executed by the processor, further cause the processor to perform operations comprising: adjust the processing of the dataflow associated with the surgical system, which is located within the second digital fence, in response to the surgical system moving out of the second digital fence such that the dataflow is processed in accordance with the predefined first set of rules and is no longer processed in accordance with the predefined second set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 15, the method of claim 1 is as described. Hamidi further teaches wherein a predefined first set of rules for processing data is associated with the first digital fence (Hamidi: col. 28, 21-43; col. 29, 10-27);
-a predefined second set of rules for processing data is associated with the second digital fence (Hamidi: col. 28, 21-43; col. 29, 10-27); and
-the adjusting comprises suspending at least one of the rules in the predefined first set of rules such that the dataflow is configured to be processed in accordance with the predefined second set of rules and with a subset of the predefined first set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 16, the method of claim 15 is as described. Hamidi further teaches wherein the instructions, when executed by the processor, further cause the processor to perform operations comprising: adjust the processing of the dataflow associated with the surgical system, which is located within the second digital fence, in response to the surgical system moving out of the second digital fence such that the dataflow is configured to processed in accordance with the predefined first set of rules instead of in accordance with the subset of the predefined first set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 17, the method of claim 1 is as described. Hamidi further teaches wherein a predefined first set of rules for processing data is associated with the first digital fence (Hamidi: col. 28, 21-43; col. 29, 10-62), wherein a predefined second set of rules for processing data is associated with the second digital fence (Hamidi: col. 28, 21-43; col. 29, 10-62), wherein the adjusting comprises adding to at least one of the rules in the predefined first set of rules such that the dataflow is configured to be processed in accordance with the predefined second set of rules and with the added-to predefined first set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 18, the method of claim 17 is as described. Hamidi further teaches wherein the instructions, when executed by the processor, further cause the processor to perform operations comprising: adjust the processing of the dataflow associated with the surgical system, which is located within the second digital fence, in response to the surgical system moving out of the second digital fence such that the dataflow is configured to be processed in accordance with the predefined first set of rules instead of in accordance with the added-to predefined first set of rules (Hamidi: col. 28, 21-43; col. 29, 10-62).
As per claim 19, the method of claim 1 is as described. Hamidi further teaches wherein instructions, when executed by the processor, further cause the processor to perform operations comprising:
-receive data characterizing the surgical procedure (Hamidi: col. 6, 34-54; Receive information from monitored enclosure.), and
-establish, prior to a start of the performance of the surgical procedure on the patient and using the received data: the first digital fence and the second digital fence (Hamidi: col. 28, 21-43; col. 29, 10-62);
-wherein the received data includes at least one of information regarding a plan for the surgical procedure, a total amount of time for the surgical procedure, a location where the surgical procedure is to be performed, a layout of a location where the surgical procedure is to be performed, and at least one surgical tool to be used in the surgical procedure, the patient (Hamidi: col. 7, 10-22; co. 8, 57-67; col. 28, 21-43; col. 29, 10-62; Authorize subject to perform tasks based on data. Estimate target location of the subject and object. Generate edge boundaries of the surgical procedure.).
As per claim 20, the method of claim 1 is as described. Hamidi further teaches wherein boundaries of the first and second digital fences are defined using a global positioning system (GPS) or a radio frequency identification (RFID) system (Hamidi: col. 6, 34-41; Indoor position system correspond to RFID based system.);
-the surgical system is one of a hospital network, a database, a surgical instrument, or a surgical cart (Hamidi: figure 4A); and/or
-the surgical hub is configured to be operatively coupled to a robotic surgical system.
Response to Arguments
Applicant's arguments filed for claims 1-20 under 35 U.S.C. 102 have been fully considered but they are not persuasive.
Applicant argues that Hamidi does not disclose the “adjusting, using a processor, processing of a dataflow associated with a surgical system…in response to the surgical system moving into a second digital fence that is nested within the first digital fence.” Examiner disagrees. Hamidi teaches constant adjustment of the processing of the information within the fences and continuously adjusting the boundaries as well (col. 29, 18 to col. 30, 8). Furthermore, Applicant does not clearly define what exactly it means to adjust processing of a dataflow, therefore, based on broadest reasonable interpretation, Examiner states that Hamidi teaches the limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shelton et al. – U.S. Publication No. 2022/0331047 – Teaches a method for livestreaming a surgical field for a surgical procedure.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEETAL R. PAULSON whose telephone number is (571)270-1368. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at (571) 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHEETAL R PAULSON/Primary Examiner, Art Unit 3681
Prosecution Insights