DETAILED ACTION
This is the first office action in response to U.S. application 19/027,480. All claims are pending.
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 .
Response to Arguments
Applicant’s arguments with respect to the prior art not teaching the amended feature 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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1, 9-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Saghatchi (US 20190350685, IDS) in view of Anderson (US 20070055125).
Regarding claim 1, Saghatchi teaches a robotic medical system ([0036] discusses a system for use in robotic surgery), comprising:
an electromagnetic (EM) field generator configured to generate an EM field ([0043] “a field generator 102 configured to generate an electromagnetic field”);
a robotic arm coupled to the EM field generator and configured to move the EM field generator ([0043] “, a positioning arm 104 that may be utilized for mounting field generator 102” parallel manipulator 508); and
a control system (control unit 108) configured to:
determine a first position of the EM field generator in a first coordinate frame associated with the robotic arm ([0012] discusses a coordinate space being established based in part on the position of the field generator and adjusting the position of the field generator from a first position where it is interpreted that this would be in the coordinate frame);
determine positions of a plurality of EM sensors relative to a working volume of the EM field in a second coordinate frame associated with the EM field when the EM field generator is in the first position ([0043] “electromagnetic navigation system 100 may further include a first electromagnetic sensor 106a attachable to a patient's head 116 and a second electromagnetic sensor 106b attachable to a handpiece 118” with Figs. 3A and 3B showing the positions of the sensors relative to EM field generator in the first position);
map the determined positions of the plurality of EM sensors to the first coordinate frame (Figs. 3A and 3B show the positions of the plurality of EM sensors mapped based on their relative position to the field generator)
determine a second position of the EM field generator in the first coordinate frame based on the mapped positions of the plurality of EM sensors (Fig. 3C shows the second position of the EM field generator based on the mapped position of the EM sensors); and
control the robotic arm to move the EM field generator to a second position in the first coordinate frame based on the positions of the plurality of EM sensors relative to the working volume when the EM field generator is in the first position ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Saghatchi does not explicitly teach the mapped sensors in one coordinate frame and determining their relative position to the field generator in another coordinate frame. While transforming the positions of the sensors in one coordinate frame to a coordinate frame of the field generator would be an obvious way of comparing the positions of the sensors to the position of the field generator, art has been found that teaches transforming positions in one coordinate frame to positions in a second coordinate frame.
Anderson teaches transforming positions in one coordinate frame to positions in a second coordinate frame ([0019] discusses when sensor positions can no longer be determined in the original coordinate frame, determining the sensor positions within a second coordinate frame and transforming them back to the original coordinate frame).
Saghatchi teaches tracking sensor positions in relation to a changing position of the field generator. Anderson teaches transforming positions between coordinate frames. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Saghatchi with the coordinate transform of Anderson as it utilizes each respective teaching in a conventional obvious to try manner such that no undue experimentation is required and yielded nothing more than predictable results, the predictable results being comparison of positions in different coordinate frames.
Regarding claim 9, Saghatchi teaches wherein the control system is further configured to: detect movement of at least one EM sensor of the plurality of EM sensors ([0039] discusses detecting and tracking the movement of at least one of the electromagnetic sensors); and control the robotic arm to move the EM field generator to a third position in the first coordinate frame based on the movement of the at least one EM sensor ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Regarding claim 10, Saghatchi teaches wherein at least one EM sensor of the plurality of EM sensors is disposed on a medical instrument ([0007] discusses one of the electromagnetic sensors being on a medical instrument).
Regarding claim 11, Saghatchi teaches wherein at least one EM sensor of the plurality of EM sensors is disposed on an anatomy ([0007] discusses one of the electromagnetic sensors being within an oral cavity of the patient).
Regarding claim 12, Saghatchi teaches a method for controlling a robotic medical system ([0036] discusses a system for use in robotic surgery), comprising:
determining a first position of an electromagnetic (EM) field generator in a first coordinate frame associated with a robotic arm, the EM field generator being coupled to the robotic arm and configured to generate an EM field ([0012] discusses a coordinate space being established based in part on the position of the field generator and adjusting the position of the field generator from a first position where it is interpreted that this would be in the coordinate frame);
determining positions of a plurality of EM sensors relative to a working volume of the EM field in a second coordinate frame associated with the EM field when the EM field generator is in the first position ([0043] “electromagnetic navigation system 100 may further include a first electromagnetic sensor 106a attachable to a patient's head 116 and a second electromagnetic sensor 106b attachable to a handpiece 118” with Figs. 3A and 3B showing the positions of the sensors relative to EM field generator in the first position);
mapping the determined positions of the plurality of EM sensors to the first coordinate frame (Figs. 3A and 3B show the positions of the plurality of EM sensors mapped based on their relative position to the field generator)
determining a second position of the EM field generator in the first coordinate frame based on the mapped positions of the plurality of EM sensors (Fig. 3C shows the second position of the EM field generator based on the mapped position of the EM sensors); and
controlling the robotic arm to move the EM field generator to a second position in the first coordinate frame based on the positions of the plurality of EM sensors relative to the working volume when the EM field generator is in the first position ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Saghatchi does not explicitly teach the mapped sensors in one coordinate frame and determining their relative position to the field generator in another coordinate frame. While transforming the positions of the sensors in one coordinate frame to a coordinate frame of the field generator would be an obvious way of comparing the positions of the sensors to the position of the field generator, art has been found that teaches transforming positions in one coordinate frame to positions in a second coordinate frame.
Anderson teaches transforming positions in one coordinate frame to positions in a second coordinate frame ([0019] discusses when sensor positions can no longer be determined in the original coordinate frame, determining the sensor positions within a second coordinate frame and transforming them back to the original coordinate frame).
Saghatchi teaches tracking sensor positions in relation to a changing position of the field generator. Anderson teaches transforming positions between coordinate frames. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Saghatchi with the coordinate transform of Anderson as it utilizes each respective teaching in a conventional obvious to try manner such that no undue experimentation is required and yielded nothing more than predictable results, the predictable results being comparison of positions in different coordinate frames.
Regarding claim 20, Saghatchi teaches detecting movement of at least one EM sensor of the plurality of EM sensors ([0039] discusses detecting and tracking the movement of at least one of the electromagnetic sensors); and controlling the robotic arm to move the EM field generator to a third position in the first coordinate frame based on the movement of the at least one EM sensor ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Claims 3-4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Saghatchi in view of Anderson and further in view of Siewerdsen (US 20140350387, IDS).
Regarding claim 3, Saghatchi teaches wherein the first robotic arm is configured to move the EM field generator to the second position based on ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Siewerdsen teaches the centroid as being the most accurate region of a volume of an electromagnetic field ([0040] discusses the region of an electromagnetic field with the most accuracy with Fig. 2B showing the region with the most accuracy as the center of the working volume of the electromagnetic field).
Saghatchi teaches maintaining multiple sensors within a magnetic field for maximum accuracy. Siewerdsen teaches maintaining a sensor in the center of the working volume of an electromagnetic field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the electromagnetic sensor positioning of Saghatchi with the center position of Siewerdsen as Siewerdsen teaches that this improves the accuracy of the position tracking of the sensor [0040].
Regarding claim 4, Saghatchi teaches wherein the centroid of the mapped positions of the plurality of EM sensors is aligned with the ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Siewerdsen teaches the centroid as being the most accurate region of a volume of an electromagnetic field ([0040] discusses the region of an electromagnetic field with the most accuracy with Fig. 2B showing the region with the most accuracy as the center of the working volume of the electromagnetic field).
Saghatchi teaches maintaining multiple sensors within a magnetic field for maximum accuracy. Siewerdsen teaches maintaining a sensor in the center of the working volume of an electromagnetic field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the electromagnetic sensor positioning of Saghatchi with the center position of Siewerdsen as Siewerdsen teaches that this improves the accuracy of the position tracking of the sensor [0040].
Regarding claim 14, Saghatchi teaches wherein the first robotic arm is configured to move the EM field generator to the second position based on a ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Siewerdsen teaches the centroid as being the most accurate region of a volume of an electromagnetic field ([0040] discusses the region of an electromagnetic field with the most accuracy with Fig. 2B showing the region with the most accuracy as the center of the working volume of the electromagnetic field).
Saghatchi teaches maintaining multiple sensors within a magnetic field for maximum accuracy. Siewerdsen teaches maintaining a sensor in the center of the working volume of an electromagnetic field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the electromagnetic sensor positioning of Saghatchi with the center position of Siewerdsen as Siewerdsen teaches that this improves the accuracy of the position tracking of the sensor [0040].
Regarding claim 15, Saghatchi teaches wherein the centroid of the mapped positions of the plurality of EM sensors is aligned with the ([0057] “adjusting position and orientation of field generator 202 may include urging positioning arm 204 utilizing processor 2082 to change the position and orientation of field generator 202 to maintain first electromagnetic sensor 206a and second electromagnetic sensor 206b within the region of maximum accuracy.”).
Siewerdsen teaches the centroid as being the most accurate region of a volume of an electromagnetic field ([0040] discusses the region of an electromagnetic field with the most accuracy with Fig. 2B showing the region with the most accuracy as the center of the working volume of the electromagnetic field).
Saghatchi teaches maintaining multiple sensors within a magnetic field for maximum accuracy. Siewerdsen teaches maintaining a sensor in the center of the working volume of an electromagnetic field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the electromagnetic sensor positioning of Saghatchi with the center position of Siewerdsen as Siewerdsen teaches that this improves the accuracy of the position tracking of the sensor [0040].
Allowable Subject Matter
Claims 5-8 and 16-19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 DANIELLE M JACKSON whose telephone number is (303)297-4364. The examiner can normally be reached Monday-Friday 7:00-4:30 MT.
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/D.M.J./Examiner, Art Unit 3657 /ABBY LIN/Supervisory Patent Examiner, Art Unit 3657
