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 .
Priority
This application is entitled to the benefit of foreign priority of European Patent Application no. 24153399.1 filed 23 January 2024.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 11-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/117024 (hereinafter ‘024) (disclosed by Applicant).
In regard to claims 1 and 15, the ‘024 reference is found to disclose the following structural features and functional steps:
A medical intervention assistance robot, comprising:
a first operating arm configured to handle a non-sterile object (page 4, two separate movable arms; one arm to deliver instruments (i.e., clean, sterile objects) and the other arm to receive instruments (i.e., used, non-sterile objects);
a second operating arm configured to handle a sterile object (page 4, two separate movable arms; one arm to deliver instruments (i.e., clean, sterile objects) and the other arm to receive instruments (i.e., used, non-sterile objects);
a support unit configured to support the first operating arm and the second operating arm (i.e., main robot body) ; and
a control unit configured to control a movement of the first operating arm and a movement of the second operating arm (page 4, mechanical arms include electric actuators connected to a main circuit, a robot motor and computer enable motion of the mechanical arms).
In regard to claim 2, the ‘024 reference includes a mobility unit configured to mobilize the robot (page 7, This robot has four running wheels (18) which allow the robot to be easily moved by any person to any surgery room).
In regard to claim 3, the ‘024 reference includes the mobility unit includes rolling elements for moving in different directions (page 7, This robot has four running wheels (18) which allow the robot to be easily moved by any person to any surgery room).
In regard to claim 4, the ‘024 reference includes the rolling elements comprise one of the following types: a Mecanum wheel, and an all-side wheel (page 7, This robot has four running wheels (18) which allow the robot to be easily moved by any person to any surgery room).
In regard to claim 5, the ‘024 reference includes a sterilization chamber (page 6, a sterilization compartment with water supply).
In regard to claim 6, the ‘024 reference includes a stainless steel sterile table on a top of the support unit (page 6-7, discuss the sterilized instrument tray).
In regard to claim 7, the ‘024 reference teaches that the sterile table is arranged to keep an object sterile based on at least one of the following methods: using a disinfection spray, using a wipe, and radiating with UV light (page 5, several compartment for scrubbing and sterilizing instruments; page 6, a sterilization solution is spread over a tray; other means for sterilization are also taught. Each technique considered to be an obvious equivalent).
In regard to claim 8, the ‘024 reference includes a storage section (page 1, separate compartments for storage).
In regard to claim 9, the ‘024 reference teaches the first operating arm is configured to execute at least one of: fetching an object, mounting an object, orienting an object, and holding an object (page 5, after an instrument is requested, the robot picks up the instrument with the mechanical arm, and delivers it to the surgeon). This is a recitation of the intended use of the robotic arm and does not impart any structure to limit the use of the arm for this manner. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
In regard to claim 12, the ‘024 reference teaches the control unit is controlled based on one of: gesture recognition, voice recognition, and a touch display interaction function (page 3, touch sensitive LCF screens; page 5, voice recognition).
In regard to claim 13, the ‘024 reference teaches the control unit is configured to control an interaction between the first operating arm and the second operating arm (page 4, coordinates or computer programs are used to specify movement direction, speed, and position of the mechanical arms).
In regard to claim 14, the ‘024 reference teaches the control unit is configured to synchronize control of the first operating arm and the second operating arm such that the first operating arm and the second operating arm work together with each other (page 4, coordinates or computer programs are used to specify movement direction, speed, and position of the mechanical arms).
In regard to claim 16, the ‘024 reference includes controlling an interaction between the first operating arm and the second operating arm (page 4, coordinates or computer programs are used to specify movement direction, speed, and position of the mechanical arms).
In regard to claim 17, the ‘024 reference teaches the control unit is configured to synchronize control of the first operating arm and the second operating arm such that the first operating arm and the second operating arm work together with each other (page 4, coordinates or computer programs are used to specify movement direction, speed, and position of the mechanical arms).
In regard to claim 18, the ‘024 reference teaches a computer program product comprising instructions which, when executed by a computer, cause the computer to perform the method of claim 15 (page 3, a computer or central processor unit processes all information and automates the processes of the robotic nurse).
In regard to claim 19, the ‘024 reference teaches a non-transitory computer-readable storage medium comprising instructions which, when executed by a computer, cause the computer to perform the method of claim 15 (page 3, a computer or central processor unit processes all information and automates the processes of the robotic nurse).
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.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/117024 (hereinafter ‘024) (disclosed by Applicant)
In regard to claim 9, the ‘024 reference substantially describes the invention as claimed, however does not explicitly teach or suggest that the operating arm is configured to execute at least one of: cleaning a patient table, cleaning a gantry, getting disposables from a stock, open or close a door, passing or holding a local anesthetic or a med flask, open a package, interacting with a non-sterile covered part of an imaging system, interacting with a non-sterile covered machine of a type being different from an imaging system, and supporting an interventionalist to become sterile. The functions here are considered to comprise the intended use of the robot while not conveying any further limiting structural features. The robot the ‘024 performs many functions. The mechanical arms and computer programming aspects are considered structurally capable of performing any intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. MPEP 2114 II.
In regard to claim 10, the ‘024 reference substantially describes the invention as claimed, however does not explicitly teach or suggest that wherein the second operating arm is configured to execute at least one of: covering a gantry, packing at least one of a tablet or a remote control in a sterile bag, and supporting covering a patient. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. MPEP 2114 II.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T GEDEON whose telephone number is (571)272-3447. The examiner can normally be reached M-F 8:00 am to 5:30 PM ET.
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/BRIAN T GEDEON/Primary Examiner, Art Unit 3796 18 June 2026
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