DETAILED CORRESPONDENCE
This action is in response to the filing of the Application on 12/23/2024.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined
under the first inventor to file provisions of the AIA .
Double Patenting
The non-statutory 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 time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory 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 non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims of the instant application are rejected on the ground of non-statutory double patenting as being unpatentable over Claims 1 – 20 to the instant application and Claims 1 - 23 of U.S. Patent No. 12213814.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims generally cover, bifurcated navigation control of a manipulator cart (component) included within a computer-assisted medical system.
Each of the limitations of the instant claims can be mapped to a claim or a claim limitations of US. Patent No. US 12213814.
See Chart below:
Instant Application Claims
Patent No. US 12213814
Claims 1, 16 and 20
A system comprising: a memory storing instructions; and a processor communicatively coupled to the memory, the processor configured to execute the instructions to: identify a navigation condition associated with a navigation of a component of a computer-assisted medical system component along a path from an initial location to a target location; determine, based on the navigation condition, a propulsion limitation configured to be imposed on operator-provided commands related to a propulsion of the component during the navigation of the component along the path; and direct the component to navigate, in a bifurcated navigation control mode, along at least part of the path from the initial location to the target location; wherein, in the bifurcated navigation control mode, the processor is configured to execute the instructions to autonomously control a steering of the component while allowing operator control of the propulsion of the component based on the operator-provided commands as limited by the propulsion limitation.
Claims 1, 17 and 22
A computer-assisted medical system comprising: a manipulator cart; a memory storing instructions; and a processor communicatively coupled to the memory and the manipulator cart, the processor configured to execute the instructions to: define a path whereby the manipulator cart is to navigate from an initial location to a target location; identify a navigation condition associated with a navigation of the manipulator cart along the path from the initial location to the target location; define, based on the navigation condition, a propulsion limitation configured to be imposed on operator-provided commands related to a propulsion of the manipulator cart during the navigation of the manipulator cart along the path; and direct the manipulator cart to navigate, in a bifurcated navigation control mode, along at least part of the path from the initial location to the target location; wherein, in the bifurcated navigation control mode, the processor is configured to execute the instructions to autonomously control a steering of the manipulator cart while allowing operator control of the propulsion of the manipulator cart based on the operator-provided commands as limited by the propulsion limitation.
Claims 2, 17
The system of claim 1, wherein: the initial location is associated with an initial orientation of the component; the target location is associated with a target orientation of the component; and the processor is further configured to execute the instructions to define, with respect to the path, an orientation plan whereby the component is reoriented from the initial orientation to the target orientation.
Claims 2, 13
Claims 3, 18
The system of claim 1, wherein the propulsion limitation includes a maximum speed limit for the component.
Claims 3 or 18
Claim 4
The system of claim 3, wherein the processor is configured to define the maximum speed limit based on: a proximity of the component to an obstacle to be avoided by the component during the navigation of the component along the path, and a predetermined deceleration rate of the component.
Claim 4
Claim 5
The system of claim 3, wherein: the component comprises a movable component; and the processor is configured to define the maximum speed limit based on: a proximity of the component to an obstacle to be avoided by the movable component during the navigation of the component along the path, an orientation of the movable component with respect to the obstacle, and a movement rate of the movable component.
Claim 5
Claim 6
The system of claim 1, wherein the propulsion limitation includes a maximum acceleration rate for the component.
Claims 6, 18
Claim 7
The system of claim 1, wherein: the propulsion limitation includes a designated speed gain associated with a speed control interface of the component; and in the bifurcated navigation control mode, the processor is configured to allow the operator control of the propulsion in accordance with the propulsion limitation by directing the propulsion of the component to be performed at a speed determined by: an operator-selected speed setting for the speed control interface, and the designated speed gain associated with the speed control interface.
Claim 7
Claim 8.
The system of claim 1, wherein: the identified navigation condition is that the component is navigating or approaching a turn along the path; and the propulsion limitation includes a maximum speed limit for when the component is navigating the turn, the maximum speed limit lower than a full speed achievable by the propulsion of the component.
Claim 8, 19
Claim 9.
The system of claim 1, wherein the identified navigation condition is that the component is approaching an obstacle to be avoided by the component during the navigation of the component along the path.
Claim 9, 23
Claim 10.
The system of claim 9, wherein the determining the propulsion limitation for the component comprises: determining a movability status or a risk factor of the obstacle; and accounting for the movability status or the risk factor of the obstacle.
Claim 10
Claims 11, 19
The system of claim 1, wherein the identified navigation condition comprises at least one condition selected from the group consisting of: a battery level of a battery used to power the propulsion of the component is below a predetermined battery level threshold; an attention measurement indicative of attention paid to the navigation of the component by a person in a vicinity of the component; and an entropy associated with the path is detected to satisfy a predetermined entropy criterion.
Claims 11, 20
Claim 12.
The system of claim 1, wherein: the initial location is associated with an initial configuration of a moveable component of the component; the target location is associated with a target configuration of the moveable component of the component; and the processor is further configured to execute the instructions to define, with respect to the path, a configuration plan whereby the moveable component of the component is to transform from the initial configuration to the target configuration.
Claim 13
Claim 13.
The system of claim 1, wherein the processor is further configured to execute the instructions to: switch to a standard navigation control mode from the bifurcated navigation control mode, the standard navigation control mode allowing operator control of both the steering and the propulsion of the component.
Claim 14
Claim 14.
The system of claim 13, wherein the switching to the standard navigation control mode from the bifurcated navigation control mode comprises: transitioning, in response to operator input resisting autonomous steering of the component or an identified navigation condition, from directing the navigation along the path in the bifurcated navigation control mode to allowing navigation along the path in the standard navigation control mode.
Claim 15
Claim 15.
The system of claim 1, wherein the path is defined to include at least one portion in which the component uses backward propulsion in order to progress along the path from the initial location to the target location.
Claim 16
Based on the above, the Examiner rejects Claims 1-20 of the instant application with Claims 1 – 11, 13 – 19 of U.S. Patent No. 12213814.
Prior art
The prior art of record listed is relevant to the Applicants Application, but is not used for reasons of rejection.
Conclusion
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE LAROSE whose telephone number is (313)446-4856. The examiner can normally be reached on Monday - Friday 8:30am - 5:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached on (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Renee LaRose/Examiner, Art Unit 3657