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 .
Information Disclosure Statement
The information disclosure statement filed 12/16/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www. https://www.uspto.gov/patents/apply/forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12,193,859 B2 in view of Sebring, et al., US 20210347036 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in the claims mentioned above of the instant application are also recited in the claims mentioned above of the copending application.
Instant Application
U.S. Patent No. US 12,193,859 B2
1. A system for performing robotic surgery on a patient disposed upon a bed, comprising:
a gantry comprising a computed tomography (CT) diagnostic device, wherein the gantry has a front side and a back side;
a platform supporting the gantry, the platform having an upper surface, wherein the gantry is configured to slide along the platform via a first carriage to allow entry of at least part of the patient into the bore of the CT device; and
a robotic arm assembly attached via a pivot arm which extends substantially horizontally from a pivot point thereof,
the robotic arm assembly extending vertically from the pivot arm toward the patient in a position on the bed, thereby allowing access by the robotic arm to the patient's area of interest to perform surgery,
wherein the pivot arm is capable of rotating the entire robotic arm assembly from the front side of the gantry to the back side of the gantry.
1. A system for performing robotic surgery on a patient disposed on a bed, comprising:
a gantry comprising a computed tomography (CT) diagnostic device;
a platform having an upper surface, wherein the gantry is attached to the upper surface of the platform and configured to slide along the upper surface of the platform via a first carriage to allow entry of at least part of the patient into the bore of the CT device; and
a robotic arm assembly attached to the upper surface of the platform via a pivot arm and a second carriage, wherein the pivot arm extends substantially horizontally from a pivot point thereof and is substantially parallel to the upper surface of the platform,
wherein the robotic arm assembly extends upward from the pivot arm, which is below the bed, toward the patient to a position above the bed, thereby allowing access by the robotic arm to the patient's area of interest to perform surgery,
wherein the pivot point is located in a center portion of the second carriage, in a direction transverse to a direction of movement of the gantry along the platform, to provide pivoting of the robotic arm assembly from a first side of the bed to a second side of the bed. (NB: the pivoting of the robotic arm assembly is achieved by the pivot arm through the attachment to the pivot point)
U.S. Patent No. US 12,193,859 B2 fails to recite that the robotic arm assembly is attached to a center portion, in a direction transverse to a movement direction of the gantry along the platform, of a top of the gantry or a bottom of the gantry.
However, within the same field of endeavor, Sebring teaches a system 300 for performing robotically-assisted image-guided surgery, the system including a robotic arm 301, an imaging device 303 and a motion tracking system 305 according to figs. 1A-1D and [0028], wherein the robotic arm assembly (robotic arm 301 of reproduced fig. 1 below and [0028]) is attached to a center portion ([0042] and [0043] describe attachment of a base 304 of the robotic arm 301 through curved support member 350, to a top surface of the gantry 40. Examiner notes that while figs. 1A-1D depict the robotic arm 301 displaced from a top center position of the gantry 40, the curved rail of the support member 350 over the robotic arm 301 circumscribe displacement along a circumference of the gantry, includes a center position where the robotic arm can be placed. By way of example, fig. 3, which is an embodiment not relied upon, but only being referred to for demonstration purposes only, shows the central positioning of the robotic arm at an upper surface of the gantry), in a direction transverse to a movement direction of the gantry along the platform ([0043] indicates that the robotic arm 301 extends over a front face of the gantry. Meaning, as the planar view of the system depicted in figs. 1A and 1B show, the robotic arm extends from the top of the gantry down to the patient on the patient bed on the front side of the gantry. A downward direction of the robotic arm is transverse to a movement direction of the gantry along the platform), of a top of the gantry or a bottom of the gantry (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B below, via carriage 360 (claimed pivot arm) which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure U.S. Patent No. US 12,193,859 B2, so that the robotic arm assembly is attached to a center portion, in a direction transverse to a movement direction of the gantry along the platform, of a top of the gantry or a bottom of the gantry, as taught by Sebring, as such modification would improve access to the patient during robot assisted surgeries according to ([0002], [0043]), with a reasonable expectation of success, as U.S. Patent No. US 12,193,859 B2 also strives to improve access to the patient’s region of interest (col. 2, lines 5-14.
4. A system for performing robotic surgery on a patient disposed upon a bed, comprising:
a gantry comprising a computed tomography (CT) diagnostic device, wherein the gantry has a front side and a back side;
a platform supporting the gantry, the platform having an upper surface; and
a robotic arm assembly attached via a pivot arm,
wherein the pivot arm extends substantially horizontally from a pivot point thereof and is substantially parallel to the upper surface of the platform and is capable of rotating the entire robotic arm assembly from the front side of the gantry to the back side of the gantry, and
wherein the robotic arm assembly extends vertically from the pivot arm toward the patient in a position on the bed, thereby allowing access by the robotic arm to the patient's area of interest to perform surgery.
1. A system for performing robotic surgery on a patient disposed on a bed, comprising:
a gantry comprising a computed tomography (CT) diagnostic device;
a platform having an upper surface, wherein the gantry is attached to the upper surface of the platform and configured to slide along the upper surface of the platform via a first carriage to allow entry of at least part of the patient into the bore of the CT device; and
a robotic arm assembly attached to the upper surface of the platform via a pivot arm and a second carriage,
wherein the pivot arm extends substantially horizontally from a pivot point thereof and is substantially parallel to the upper surface of the platform, (NB: the pivoting of the robotic arm assembly is achieved by the pivot arm through the attachment to the pivot point)
wherein the robotic arm assembly extends upward from the pivot arm, which is below the bed, toward the patient to a position above the bed, thereby allowing access by the robotic arm to the patient's area of interest to perform surgery.
U.S. Patent No. US 12,193,859 B2 fails to recite that the robotic arm assembly is attached to a center portion, in a direction transverse to a length-wise direction of the bed, of a top of the gantry or a bottom of the gantry.
However, within the same field of endeavor, Sebring teaches a system 300 for performing robotically-assisted image-guided surgery, the system including a robotic arm 301, an imaging device 303 and a motion tracking system 305 according to figs. 1A-1D and [0028], wherein the robotic arm assembly (robotic arm 301 of reproduced fig. 1 below and [0028]) is attached to a center portion ([0042] and [0043] describe attachment of a base 304 of the robotic arm 301 through curved support member 350, to a top surface of the gantry 40. Examiner notes that while figs. 1A-1D depict the robotic arm 301 displaced from a top center position of the gantry 40, the curved rail of the support member 350 over the robotic arm 301 circumscribe displacement along a circumference of the gantry, includes a center position where the robotic arm can be placed. By way of example, fig. 3, which is an embodiment not relied upon, but only being referred to for demonstration purposes only, shows the central positioning of the robotic arm at an upper surface of the gantry in a direction transverse to a length-wise direction of the bed ([0043] indicates that the robotic arm 301 extends over a front face of the gantry. Meaning, as the planar view of the system depicted in figs. 1A and 1B show, the robotic arm extends from the top of the gantry down to the patient on the patient bed on the front side of the gantry. A downward direction of the robotic arm is transverse to a movement direction of the gantry along the platform), of a top of the gantry or a bottom of the gantry (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B below, via carriage 360 (claimed pivot arm) which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure U.S. Patent No. US 12,193,859 B2, so that the robotic arm assembly is attached to a center portion, in a direction transverse to a length-wise direction of the bed, of a top of the gantry or a bottom of the gantry, as taught by Sebring, as such modification would improve access to the patient during robot assisted surgeries according to ([0002], [0043]), with a reasonable expectation of success, as U.S. Patent No. US 12,193,859 B2 also strives to improve access to the patient’s region of interest (col. 2, lines 5-14.
Claim Objections
Claims 1 and 4 are objected to because of the following informalities:
Claim 1 should be amend to recite --wherein the pivot arm is configured for rotating…-- in line 13 and claim 4 should be amended to recite wherein the pivot arm…is configured for rotating…-- in line 9.
Appropriate correction is required.
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.
Claims 1-6 are 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.
Claim 1 recites “a robotic arm assembly attached to a center portion, in a direction transverse to a movement direction of the gantry along the platform, of a top of the gantry or a bottom of the gantry via a pivot arm which extends substantially horizontally from a pivot point thereof” and claim 4 recites “a robotic arm assembly attached to a center portion, in a direction transverse to a length-wise direction of the bed, of a top of the gantry or a bottom of the gantry via a pivot arm”.
It is unclear how the attachment of the robotic arm to the center portion of the top of the gantry, such attachment being at a point, traverses a direction transverse to the gantry movement direction in claim 1 and the length-wise direction of the bed in the case of claim 4. That is, the disclosure includes details of attaching the robotic arm through the pivot arm to a pivot point on the top or bottom of the gantry. Such a point attachment cannot describe a directional attachment as claimed.
Furthermore, the limitation does not describe any reference by which the transverse direction is ascertained. For instance, it is unclear if the transverse direction is up and down, oblique, or side to side, with respect to the movement direction of the gantry or the length-wise direction of the bed. For purposes of the examination, the limitation is being interpreted to mean that the robotic arm extends from the top of the gantry down to reach the patient on the patient bed., transverse to the direction of the movement of the gantry on the platform and a lengthwise direction of the bed.
Claims 2-3 and 5-6 are rejected based on their respective dependencies on claims 1 and 4.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sebring, et al., US 20210347036 A1 in view Kang, H., US 20140188132 A1 (disclosed in the IDS filed 12/16/2025).
Regarding claim 1, Sebring teaches a system for performing robotic surgery on a patient disposed upon a bed (see figs. 1A-1D and [0028] which describes a system 300 for performing robotically-assisted image-guided surgery, the system including a robotic arm 301, an imaging device 303 and a motion tracking system 305), comprising:
a gantry comprising a computed tomography (CT) diagnostic device ([0038] discloses that “the imaging device 303 (e.g., X-ray CT scanner) may include an imaging gantry 40 that may be moved (i.e., translated) over the surgical area of patient 200 to perform an imaging scan and may be moved (i.e., translated) away from the surgical area of the patient 200 so as not to interfere with a surgeon performing a surgical procedure”),
wherein the gantry has a front side and a back side([0028] discloses that “FIG. 1A is a front perspective view of the system 300 and FIG. 1B is a rear perspective view of the system 300”);
a platform (base 20 of reproduced fig. 1A below) supporting the gantry, the platform having an upper surface ([0032] states that “A portion of the imaging device 303 (e.g., an O-shaped imaging gantry 40) which includes at least one imaging component may translate along the length of the base 20 on rails 23 to perform an imaging scan of the patient 200”, that is, the gantry is supported on an upper surface of the base 20),
wherein the gantry is configured to slide along the platform via a first carriage to allow entry of at least part of the patient into the bore of the CT device (as noted above, [0032] states that “A portion of the imaging device 303 (e.g., an O-shaped imaging gantry 40) which includes at least one imaging component may translate along the length of the base 20 on rails 23 to perform an imaging scan of the patient 200”. Here, the first carriage is the rail 23); and
a robotic arm assembly (robotic arm 301 of reproduced fig. 1 below and [0028]) attached to a center portion ([0042] and [0043] describe attachment of a base 304 of the robotic arm 301 through curved support member 350, to a top surface of the gantry 40. Examiner notes that while figs. 1A-1D depict the robotic arm 301 displaced from a top center position of the gantry 40, the curved rail of the support member 350 over the robotic arm 301 circumscribe displacement along a circumference of the gantry, includes a center position where the robotic arm can be placed. By way of example, fig. 3, which is an embodiment not relied upon, but only being referred to for demonstration purposes only, shows the central positioning of the robotic arm at an upper surface of the gantry), in a direction transverse to a movement direction of the gantry along the platform ([0043] indicates that the robotic arm 301 extends over a front face of the gantry. Meaning, as the planar view of the system depicted in figs. 1A and 1B show, the robotic arm extends from the top of the gantry down to the patient on the patient bed on the front side of the gantry. A downward direction of the robotic arm is transverse to a movement direction of the gantry along the platform), of a top of the gantry or a bottom of the gantry via a pivot arm which extends substantially horizontally (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B below, via carriage 360 (claimed pivot arm) which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]),
the robotic arm assembly extending vertically from the pivot arm toward the patient in a position on the bed, thereby allowing access by the robotic arm to the patient’s area of interest to perform surgery ([0030] states that “the robotic arm 301 may be controlled to move the end effector 302 to one or more pre-determined positions and/or orientations with respect to a patient 200” and [0061] describes, among other orientations of the robotic arm 301 with respect to the patient 200, one of such pre-determined positions and/or orientations as an extension of the robotic arm 301 in a downward direction from the top of the gantry 40 toward the patient 200),
wherein the pivot arm is capable of rotating the entire robotic arm assembly from the front side of the gantry to the back side of the gantry ([0046] describes hinging of the carriage to allowing pivoting to either sides of the gantry 40).
Sebring does not teach that the pivot arm extends from a pivot point thereof.
However, within the same field of endeavor, Kang teaches a robotic surgery system having a mobile base and a first moveable support structure coupled between the mobile base and a first element of a fluoroscopic imaging system. The first element is a source element or a detector element, and a second element of the imaging system is a source element or a detector element according to the abstract. The system includes a coupling member 32 (gantry of the instant application) configured to support two opposing imaging elements 34, 36 of a fluoroscopy system (i.e., wherein one element includes a source element and another element includes a detector element) in a known configuration relative to each other ([0054]). [0055] then discloses that the coupling member 32 is also coupled to and configured to support a second moveable support structure 40 (pivot arm of the instant application) having a first member 42 movably coupled to a second member 44. The second moveable support structure 40 is coupled to and extends from a joint or moveable couplings 60 (pivot point of the instant application) of the coupling member according to [0060] and depicted in fig. 3A.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Sebring such that the pivot arm extends from a pivot point thereof, as taught by Kang, as such modification would efficiently facilitate intraoperative imaging by fluoroscopy during surgical procedures such as joint resurfacing or replacement ([0002]) by allowing improved access of the robotic instrument to the patient ([0003]), with a reasonable expectation of success, because Sebring is also concerned with improving access to the patient during robot assisted surgeries according to [0002], [0043].
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Regarding claim 2, Sebring in view of Kang teaches all the limitations of claim 1.
Sebring further teaches wherein the robotic arm assembly is attached to the top of the gantry (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B above, via carriage 360 which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]).
Regarding claim 4, Sebring teaches a system for performing robotic surgery on a patient disposed upon a bed(see figs. 1A-1D and [0028] which describes a system 300 for performing robotically-assisted image-guided surgery, the system including a robotic arm 301, an imaging device 303 and a motion tracking system 305), comprising:
a gantry comprising a computed tomography (CT) diagnostic device([0038] discloses that “the imaging device 303 (e.g., X-ray CT scanner) may include an imaging gantry 40 that may be moved (i.e., translated) over the surgical area of patient 200 to perform an imaging scan and may be moved (i.e., translated) away from the surgical area of the patient 200 so as not to interfere with a surgeon performing a surgical procedure”),
wherein the gantry has a front side and a back side ([0028] discloses that “FIG. 1A is a front perspective view of the system 300 and FIG. 1B is a rear perspective view of the system 300”);
a platform (base 20 of reproduced fig. 1A above) supporting the gantry, the platform having an upper surface ([0032] states that “A portion of the imaging device 303 (e.g., an O-shaped imaging gantry 40) which includes at least one imaging component may translate along the length of the base 20 on rails 23 to perform an imaging scan of the patient 200”, that is, the gantry is supported on an upper surface of the base 20), and
a robotic arm assembly (robotic arm 301 of reproduced fig. 1 above and [0028]) attached to a center portion ([0042] and [0043] describe attachment of a base 304 of the robotic arm 301 through curved support member 350, to a top surface of the gantry 40. Examiner notes that while figs. 1A-1D depict the robotic arm 301 displaced from a top center position of the gantry 40, the curved rail of the support member 350 over the robotic arm 301 circumscribe displacement along a circumference of the gantry, includes a center position where the robotic arm can be placed. By way of example, fig. 3, which is an embodiment not relied upon, but only being referred to for demonstration purposes only, shows the central positioning of the robotic arm at an upper surface of the gantry), in a direction transverse to a length-wise direction of the bed ([0043] indicates that the robotic arm 301 extends over a front face of the gantry. Meaning, as the planar view of the system depicted in figs. 1A and 1B show, the robotic arm extends from the top of the gantry down to the patient on the patient bed on the front side of the gantry. The downward direction of the robotic arm is transverse to a length-wise direction of the bed), of a top of the gantry or a bottom of the gantry via a pivot arm (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B above, via carriage 360 (claimed pivot arm), which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]),
wherein the pivot arm extends substantially horizontally and is substantially parallel to the upper surface of the platform (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B above, via carriage 360 which extends substantially horizontally from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043] and the carriage 360 is depicted in reproduced fig. 1B above as being substantially parallel to the base 20) and is capable of rotating the entire robotic arm assembly from the front side of the gantry to the back side of the gantry ([0046] describes hinging of the carriage to allowing pivoting to either sides of the gantry 40), and
wherein the robotic arm assembly extends vertically from the pivot arm toward the patient in a position on the bed, thereby allowing access by the robotic arm to the patient’s area of interest to perform surgery ([0030] states that “the robotic arm 301 may be controlled to move the end effector 302 to one or more pre-determined positions and/or orientations with respect to a patient 200” and [0061] describing, among other orientations of the robotic arm 301 with respect to the patient 200, one of such pre-determined positions and/or orientations as an extension of the robotic arm 301 in a downward direction from the top of the gantry 40 toward the patient 200).
Sebring does not teach that the pivot arm extends from a pivot point thereof.
However, within the same field of endeavor, Kang teaches a robotic surgery system having a mobile base and a first moveable support structure coupled between the mobile base and a first element of a fluoroscopic imaging system. The first element is a source element or a detector element, and a second element of the imaging system is a source element or a detector element according to the abstract. The system includes a coupling member 32 (gantry of the instant application) configured to support two opposing imaging elements 34, 36 of a fluoroscopy system (i.e., wherein one element includes a source element and another element includes a detector element) in a known configuration relative to each other ([0054]). [0055] then discloses that the coupling member 32 is also coupled to and configured to support a second moveable support structure 40 (pivot arm of the instant application) having a first member 42 movably coupled to a second member 44. The second moveable support structure 40 is coupled to and extends from a joint or moveable couplings 60 (pivot point of the instant application) of the coupling member according to [0060] and depicted in fig. 3A.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Sebring such that the pivot arm extends from a pivot point thereof, as taught by Kang, as such modification would efficiently facilitate intraoperative imaging by fluoroscopy during surgical procedures such as joint resurfacing or replacement ([0002]) by allowing improved access of the robotic instrument to the patient ([0003]), with a reasonable expectation of success, because Sebring is also concerned with improving access to the patient during robot assisted surgeries according to [0002], [0043].
Regarding claim 5, Sebring in view of Kang teaches all the limitations of claim 4.
Sebring further teaches wherein the robotic arm assembly is attached to the top of the gantry (see the attachment of the robotic arm 301 to the top of gantry in reproduced fig. 1B above, via carriage 360 which extends from the support member 350 towards a first (e.g., front) face of the gantry 40 according to [0043]).
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sebring, et al., US 20210347036 A1 in view Kang, H., US 20140188132 A1, as applied to claims 1 and 4, respectively above, and further in view of Mansfield, et al., US 20040068169 A1.
Regarding claim 3, Sebring in view of Kang teaches all the limitations of claim 1.
Sebring in view of Kang fails to teach wherein the robotic arm assembly is attached to the bottom of the gantry.
However, within the same field of endeavor, Mansfield teaches a radiotherapy clinical treatment machine (see reproduced figure 1 below for machine 200) having a rotatable gantry (gantry 202 including one or more radiation sources and one or more imagers according to [0017]). [0018] goes on to disclose that the rotatable open gantry 202 comprises articulating robotic arms (205 and 207) each attached to pivot points 248 and 249 at the base of the rotatable gantry 202. The opposite end of arm 205 is pivotally attached at a source end 251 to an imaging source 204. The opposite end of arm 207 is pivotally attached at an imaging end 252 with an imaging detector 206. For imaging, the robotic arms (205 and 207) swing outward into an adjustable imaging position along a defined trajectory 272, as shown in FIG. 1B, and hence teaching wherein the robotic arm assembly is attached to the bottom of the gantry.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Sebring, as modified by Kang, wherein the robotic arm assembly is attached to the bottom of the gantry, as taught by Mansfield, because such modification would allow appropriate positioning and clearance of the components of the machine 200 for any task at hand during use (see [0019]), with a reasonable expectation of success, since modified Sebring also strives to improving access to the patient during robot assisted surgeries according to [0002], [0043].
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Regarding claim 6, Sebring in view of Kang teaches all the limitations of claim 4.
Sebring in view of Kang fails to teach wherein the robotic arm assembly is attached to the bottom of the gantry.
However, within the same field of endeavor, Mansfield teaches a radiotherapy clinical treatment machine (see reproduced figure 1 above for machine 200) having a rotatable gantry (gantry 202 including one or more radiation sources and one or more imagers according to [0017]). [0018] goes on to disclose that the rotatable open gantry 202 comprises articulating robotic arms (205 and 207) each attached to pivot points 248 and 249 at the base of the rotatable gantry 202. The opposite end of arm 205 is pivotally attached at a source end 251 to an imaging source 204. The opposite end of arm 207 is pivotally attached at an imaging end 252 with an imaging detector 206. For imaging, the robotic arms (205 and 207) swing outward into an adjustable imaging position along a defined trajectory 272, as shown in FIG. 1B, and hence teaching wherein the robotic arm assembly is attached to the bottom of the gantry.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Sebring, as modified by Kang, wherein the robotic arm assembly is attached to the bottom of the gantry, as taught by Mansfield, because such modification would allow appropriate positioning and clearance of the components of the machine 200 for any task at hand during use (see [0019]), with a reasonable expectation of success, since modified Sebring also strives to improving access to the patient during robot assisted surgeries according to [0002], [0043].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Farouk A Bruce whose telephone number is (408)918-7603. The examiner can normally be reached Mon-Fri 8-5pm PST.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797