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 .
Terminal Disclaimer
The terminal disclaimer filed on 05/14/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent 12,193,859 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
The double patenting rejection with respect to U.S. Patent 12,193,859, has been withdrawn.
Applicant’s arguments in Applicant’s responses filed 05/14/2026 with respect to the rejections of claim 1 and 4 under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically prior art Yanof, et al., US 6035228 (disclosed in the IDS filed 12/16/2025) teaches a pivot arm that extends from a pivot point thereof, and further that the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions, disclosing a shoulder joint electro-magnetic brake 130 that is provided in a shoulder joint 48 between a primary support member 46 (pivot arm) and an upper arm member 50. A shaft 132 carries a brake armature 134 and an encoder disk 136. The shaft is connected to the upper arm member 50 using a bolt 138 and is rotatably supported by a shoulder joint base member 140 on precision bearings 142. The brake coil assembly 144 is electrically activated to release and permit free relative movement between the primary support member 46 and the upper arm member 50. An encoder reader 146 is disposed within the base member adjacent the encoder disk 136 in a manner substantially as shown.
Newly found prior art Zheng, et al., US 20160206398 A1 teaches a first transmission mechanism 34 that includes a first motor (unshown), a second motor 341, a first gear set 342, a second gear set 343 and the third motor 340 according to [0025] and a position sensor and a pressure sensor are mounted on the second motor 341, such that the mechanical arm 3 can drive a probe 2 for conducting a six-degree-of-freedom movement according to [0030], and hence teaching the motor coupled to the motor shaft at the pivot point as claimed.
Therefore, the claims stand rejected.
Information Disclosure Statement
Examiner notes that the information disclosure statement filed 12/16/2025 includes cited foreign patent document and non-patent literature publication for which copies are included in the parent application 16/402002 (now patent US 12,193859).
Withdrawn Objections
Pursuant of Applicant’s amendments filed 05/14/2026, the objections made to claims 1 and 4 have been withdrawn.
Withdrawn Rejections-35 USC § 112
Pursuant of Applicant’s amendments filed 05/14/2026, the rejection of claims 1-6 under 35 U.S.C. 112(b) have been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 4 recite “wherein the pivot arm includes a position sensor”. However, the originally filed specification merely discloses in [0019] that “The motion of second carriage 48 along direction 45 may be “sensorized” (i.e., have sensors) in order to know its position with respect one of the ends of platform 20” and in [0020] that “The robotic arm assembly may include a sensorized guide, which may be used as a surgical instrument holder that is placed automatically in the right locations using the proper orientation. The surgical instrument may be inserted directly into the patient or into a cannula attached to the robotic arm assembly or sensorized guide at a single access point”. Neither sections include that the arm itself includes a position sensor.
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 Yanof, et al., US 6035228 (disclosed in the IDS filed 12/16/2025), and Zheng, et al., US 20160206398 A1.
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 figs. 1A and 1B 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) 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 configured to rotate 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).
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Sebring does not teach that the pivot arm extends from a pivot point thereof; and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions.
However, within the same field of endeavor, Yanof teaches an imaging apparatus (18) that includes a frameless stereotactic arm apparatus (30) including a first base portion (42) mounted in a fixed relationship to the imaging device. A second free end (40) of the arm assembly is adapted to move into varied positions near a specimen disposed on the imaging apparatus. At least one pivot joint (44, 48, 52, 56, 60) is provided between the first base portion and the free end of the arm for permitting selective relevant movement between the arm members (see abstract and reproduced fig. 1 below). The frameless stereotactic arm assembly 30 is shown generally in FIG. 2 and includes a plurality of arm segments which are interconnected by pivot members forming joints between the arm segments. In that way, a free end 40 of the arm is selectively movable in multiple orientations as necessary to position the surgical instrument 36 into various desired positions over the patient support 12 according to col. 5, lines 1-7.
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Yanof further teaches that a base joint 44 (the claimed pivot point) permits rotation of a primary support member 46 (pivot arm) in a direction marked A (col. 5, lines 7-9). The pivot arm that extends from a pivot point thereof (see reproduced fig. 2 below showing the support member 46 extending from the base joint 44); and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions (col. 9, lines 13-24 disclose that Turning next to FIG. 5, a shoulder joint electro-magnetic brake 130 is provided in the shoulder joint 48 between the primary support member 46 (pivot arm) and the upper arm member 50. A shaft 132 carries a brake armature 134 and an encoder disk 136. The shaft is connected to the upper arm member 50 using a bolt 138 and is rotatably supported by a shoulder joint base member 140 on precision bearings 142. The brake coil assembly 144 is electrically activated to release and permit free relative movement between the primary support member 46 and the upper arm member 50. An encoder reader 146 is disposed within the base member adjacent the encoder disk 136 in a manner substantially as shown. The encoder disk 136 and encoder 146 comprise the position sensor and the brake coil assembly 144 comprises that locking mechanism. The shoulder joint electro-magnetic brake 130 allows the movement of the primary support member 46 and the upper arm member 50 at various positions and orientations over the patient support as indicated in col. 5, lines 1-7).
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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, wherein the pivot arm extends from a pivot point thereof; and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions, as taught by Yanof, as such modification would improve access to the patient’s region of interest during diagnostic or interventional procedures (col. 2, lines 14-29), 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].
Sebring in view of Yanof fails to teach wherein the pivot arm is rotated by a motor coupled to a motor shaft at the pivot point.
However, within the same field of endeavor, Zheng teaches a medical imaging system with a mechanical arm (3) that comprises a support (1), a probe (2), the mechanical arm (3), and a controller. The mechanical arm (3) is mounted on the support (1). The probe (2) is mounted at one end away from the support (1), of the mechanical arm (3). The controller can drive the mechanical arm (3) to drive the probe (2) to implement multi-degree-of-freedom movement (see abstract and reproduced fig. 1 below).
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Zheng further teaches wherein the pivot arm (first motor arm 321 of reproduced figs. 3-4 below and [0024]) is rotated by a motor coupled to a motor shaft at the pivot point ([0025] states that As shown in FIG. 4, the first transmission mechanism 34 is used for realizing the transmission connection between the first motion arm 321 and the fixing part 31. The first transmission mechanism 34 includes a first motor (unshown), a second motor 341, a first gear set 342, a second gear set 343 and the third motor 340. The first motor is mounted inside the fixing part 31. The second motor 341 is in transmission connection with the output shaft of the first motor via the first gear set 342. [0030] then indicates that both of the position sensor and the pressure sensor are mounted on the second motor 341, the mechanical arm 3 can drive the probe 2 for conducting a six-degree-of-freedom movement, and that the controller can control the operations of the first transmission mechanism 34, the second transmission mechanism 35, the third transmission mechanism 36 and the fourth transmission mechanism 37, respectively according to the signals detected by the position sensor and the pressure sensor, such as to enable the mechanical arm 3 to drive the probe 2 for conducting a multi-degree-of-freedom movement, which includes rotations).
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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 Yanof, wherein the pivot arm is rotated by a motor coupled to a motor shaft at the pivot point, and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions, as taught by Zheng, to provide easy access for a diagnostic or interventional device to the patient’s region of interest ([0002]-[0003]), with a reasonable expectation of success, as Sebring is also concerned with improving access to the patient during robot assisted surgeries according to [0002], [0043].
Regarding claim 2, Sebring in view of Yanof and Zheng 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), 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 configured to rotate 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; and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions.
However, within the same field of endeavor, Yanof teaches an imaging apparatus (18) that includes a frameless stereotactic arm apparatus (30) including a first base portion (42) mounted in a fixed relationship to the imaging device. A second free end (40) of the arm assembly is adapted to move into varied positions near a specimen disposed on the imaging apparatus. At least one pivot joint (44, 48, 52, 56, 60) is provided between the first base portion and the free end of the arm for permitting selective relevant movement between the arm members (see abstract and reproduced fig. 1 below). The frameless stereotactic arm assembly 30 is shown generally in FIG. 2 and includes a plurality of arm segments which are interconnected by pivot members forming joints between the arm segments. In that way, a free end 40 of the arm is selectively movable in multiple orientations as necessary to position the surgical instrument 36 into various desired positions over the patient support 12 according to col. 5, lines 1-7.
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Yanof further teaches that a base joint 44 (the claimed pivot point) permits rotation of a primary support member 46 (pivot arm) in a direction marked A (col. 5, lines 7-9). The pivot arm that extends from a pivot point thereof (see reproduced fig. 2 below showing the support member 46 extending from the base joint 44); and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions (col. 9, lines 13-24 disclose that Turning next to FIG. 5, a shoulder joint electro-magnetic brake 130 is provided in the shoulder joint 48 between the primary support member 46 (pivot arm) and the upper arm member 50. A shaft 132 carries a brake armature 134 and an encoder disk 136. The shaft is connected to the upper arm member 50 using a bolt 138 and is rotatably supported by a shoulder joint base member 140 on precision bearings 142. The brake coil assembly 144 is electrically activated to release and permit free relative movement between the primary support member 46 and the upper arm member 50. An encoder reader 146 is disposed within the base member adjacent the encoder disk 136 in a manner substantially as shown. The encoder disk 136 and encoder 146 comprise the position sensor and the brake coil assembly 144 comprises that locking mechanism. The shoulder joint electro-magnetic brake 130 allows the movement of the primary support member 46 and the upper arm member 50 at various positions and orientations over the patient support as indicated in col. 5, lines 1-7).
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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, wherein the pivot arm extends from a pivot point thereof; and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions, as taught by Yanof, as such modification would improve access to the patient’s region of interest during diagnostic or interventional procedures (col. 2, lines 14-29), 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].
Sebring in view of Yanof fails to teach wherein the pivot arm is rotated by a motor coupled to a motor shaft at the pivot point.
However, within the same field of endeavor, Zheng teaches a medical imaging system with a mechanical arm (3) that comprises a support (1), a probe (2), the mechanical arm (3), and a controller. The mechanical arm (3) is mounted on the support (1). The probe (2) is mounted at one end away from the support (1), of the mechanical arm (3). The controller can drive the mechanical arm (3) to drive the probe (2) to implement multi-degree-of-freedom movement (see abstract and reproduced fig. 1 below).
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Zheng further teaches wherein the pivot arm (first motor arm 321 of reproduced figs. 3-4 below and [0024]) is rotated by a motor coupled to a motor shaft at the pivot point ([0025] states that As shown in FIG. 4, the first transmission mechanism 34 is used for realizing the transmission connection between the first motion arm 321 and the fixing part 31. The first transmission mechanism 34 includes a first motor (unshown), a second motor 341, a first gear set 342, a second gear set 343 and the third motor 340. The first motor is mounted inside the fixing part 31. The second motor 341 is in transmission connection with the output shaft of the first motor via the first gear set 342. [0030] then indicates that both of the position sensor and the pressure sensor are mounted on the second motor 341, the mechanical arm 3 can drive the probe 2 for conducting a six-degree-of-freedom movement, and that the controller can control the operations of the first transmission mechanism 34, the second transmission mechanism 35, the third transmission mechanism 36 and the fourth transmission mechanism 37, respectively according to the signals detected by the position sensor and the pressure sensor, such as to enable the mechanical arm 3 to drive the probe 2 for conducting a multi-degree-of-freedom movement, which includes rotations).
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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 Yanof, wherein the pivot arm is rotated by a motor coupled to a motor shaft at the pivot point, and wherein the pivot arm includes a position sensor and a locking mechanism to lock the pivot arm at selected angular positions, as taught by Zheng, to provide easy access for a diagnostic or interventional device to the patient’s region of interest ([0002]-[0003]), with a reasonable expectation of success, as 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 Yanof and Zheng 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 Yanof, et al., US 6035228 (disclosed in the IDS filed 12/16/2025), and Zheng, et al., US 20160206398 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 Yanof and Zheng teaches all the limitations of claim 1.
Sebring in view of Yanof and Zheng 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 Yanof and Zheng, 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 Yanof and Zheng teaches all the limitations of claim 4.
Sebring in view of Yanof and Zheng 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 Yanof and Zheng, 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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