DETAILED ACTION
Claims 1-20 are pending.
The objection to abstract due to the phrase “may be”, is withdrawn.
The rejection to claims 1-20 under the ground of non-statutory obviousness-type double patenting is withdrawn.
Applicant’s arguments with respect to claims 1-20 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.
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
Acknowledgment is made of applicant’s claim for priority of U.S provisional application under 35 U.S.C. 119(e).
Information Disclosure Statement
The information disclosure statements provided complies with the provisions of MPEP § 609. It has been placed in the application file, and the information referred to therein has been considered as to the merits. A signed copy of the form is attached.
Claim Rejections - 35 USC § 102
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 –
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mack (Minimally Invasive and Robotic Surgery, IEEE).
As per claim 1, Mack teaches a method of preventing anatomical motion during a surgical procedure (see table on page 570, wherein sensory feedback and response to nonvisual feedback have shown clear evidence of prevention on anatomical motion), comprising: gripping (see page 571, for gripping), by a first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), an anatomical element (see Fig. on page 571, anatomical element), wherein the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) rigidly holds the anatomical element of a patient in place (see Fig. on page 571, anatomical element); predicting, by a processor (see surgeon interface on page 571 contains a processor), based on a surgical plan (see table on page 569, wherein surgical procedure has been taken as plan), a predicted force or torque (see page 570, for feedback which meet the force and torque limitation) to be applied to the anatomical element (see Fig. on page 571, anatomical element) by a surgical tool (see Fig. on page 571, for tools) held by a second robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice); determining, by the processor (see surgeon interface on page 571 contains a processor), a responsive force or responsive torque to apply to the anatomical element (see Fig. on page 571, anatomical element) to counteract the predicted force or torque (see page 570, for feedback which meet the force and torque limitation); and applying, by the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), the responsive force or responsive torque to the anatomical element (see Fig. on page 571, anatomical element) simultaneously as the second robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) activates the surgical tool (see Fig. on page 571, for tools).
As per claim 2, Mack further comprising: determining, by the processor (see surgeon interface on page 571 contains a processor), based on information received from at least one internal sensor (see table on page 570 for sensory feedback) of the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), a detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools); and generating, by the processor (see surgeon interface on page 571 contains a processor), an alert in response to the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) differing differs from the predicted force or torque by more than a predetermined amount (see page 570, for feedback which meet the force and torque limitation).
As per claim 3, Mack further comprising: in response to the detected force or torque (see page 570, for feedback which meet the force and torque limitation) differing differs from the predicted force or torque (see page 570, for feedback which meet the force and torque limitation) by more than the predetermined amount, determining, by the processor (see surgeon interface on page 571 contains a processor), a position of the anatomical element (see Fig. on page 571, anatomical element) based on the information received from the at least one internal sensor (see table on page 570 for sensory feedback) of the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice); and comparing, by the processor (see surgeon interface on page 571 contains a processor), the determined position with an expected position of the anatomical element (see Fig. on page 571, anatomical element).
As per claim 4, Mack teaches further comprising: registering, by the processor (see surgeon interface on page 571 contains a processor), the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) and the second robotic arm to a patient space corresponding to the patient (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice).
As per claim 5, Mack teaches further comprising: calculating, by the processor (see surgeon interface on page 571 contains a processor), a position of the anatomical element (see Fig. on page 571, anatomical element) based on a position of the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice); and comparing, by the processor (see surgeon interface on page 571 contains a processor), the calculated position of the anatomical element (see Fig. on page 571, anatomical element) to a predicted position of the anatomical element (see Fig. on page 571, anatomical element) from the surgical plan (see table on page 569, wherein surgical procedure has been taken as plan).
As per claim 6, Mack teaches wherein the anatomical element (see Fig. on page 571, anatomical element) is a vertebra.
As per claim 7, Mack teaches wherein the surgical tool (see Fig. on page 571, for tools) comprises a high-speed drill (see Figure on page 571, wherein the end effector can be any of the surgical tool including a high-speed drill by design choice).
As per claim 8, Mack teaches wherein the surgical procedure comprises one of: pilot hole drilling, bone removal, screw insertion, or implant insertion (see Figure on page 571, wherein the end effector can be any of the surgical tool including a high-speed drill by design choice).
As per claim 9, Mack teaches wherein the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) grips the anatomical element (see Fig. on page 571, anatomical element) by gripping (see page 571, for gripping) a custom hardware rigidly anchored to the anatomical element (see Fig. on page 571, anatomical element).
As per claim 10, Mack teaches a method of preventing anatomical motion, comprising: gripping (see page 571, for gripping), by a first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), an anatomical element (see Fig. on page 571, anatomical element), wherein the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) rigidly holds the anatomical element (see Fig. on page 571, anatomical element) of a patient in place; detecting, by a processor (see surgeon interface on page 571 contains a processor), based on information received from at least one internal sensor (see table on page 570 for sensory feedback) of the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), a force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by a surgical tool (see Fig. on page 571, for tools) held by a second robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) during a surgical procedure; determining, by the processor (see surgeon interface on page 571 contains a processor), a responsive force or responsive torque to apply to the anatomical element (see Fig. on page 571, anatomical element) to counteract the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element); and applying, by the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), the responsive force or responsive torque to the anatomical element (see Fig. on page 571, anatomical element).
As per claim 11, Mack further comprising: comparing, by the processor (see surgeon interface on page 571 contains a processor), the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) with a predicted force or torque (see page 570, for feedback which meet the force and torque limitation); and generating, by the processor (see surgeon interface on page 571 contains a processor), an alert in response to the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) differing differs from the predicted force or torque by more than a predetermined amount (see page 570, for feedback which meet the force and torque limitation).
As per claim 12, Mack teaches wherein the at least one internal sensor (see table on page 570 for sensory feedback) comprises a force sensor and a torque sensor (see table on page 570, for sensory feedback).
As per claim 13, Mack teaches wherein at least one internal sensor (see table on page 570 for sensory feedback) comprises an encoder configured to sense at least one of an applied force or an applied torque (see table on page 570).
As per claim 14, Mack teaches wherein the anatomical element is a vertebra (see Fig. on page 571, for anatomical element).
As per claim 15, Mack teaches wherein the surgical tool (see Fig. on page 571, for tools) comprises a high-speed drill (see Figure on page 571, wherein the end effector can be any of the surgical tool including a high-speed drill by design choice).
As per claim 16, Mack teaches wherein the surgical procedure comprises one of: pilot hole drilling, bone removal, screw insertion, or implant insertion (see Figure on page 571, wherein the end effector can be any of the surgical tool including a high-speed drill by design choice).
As per claim 17, Mack teaches wherein the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) grips the anatomical element (see Fig. on page 571, anatomical element) by gripping (see page 571, for gripping) a custom hardware rigidly anchored to the anatomical element (see Fig. on page 571, anatomical element).
As per claim 18, Mack teaches a system for preventing anatomical movement during a surgical procedure, comprising: a first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) comprising at least one internal sensor (see table on page 570 for sensory feedback) configured to detect at least one of a force or a torque exerted that grips an anatomical element (see Fig. on page 571, anatomical element); a second robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice) configured to hold and operate a surgical tool (see Fig. on page 571, for tools); at least one processor (see surgeon interface on page 571 contains a processor); and at least one memory storing instructions for execution by the at least one processor (see surgeon interface on page 571 contains a processor) that, when executed, cause the at least one processor (see surgeon interface on page 571 contains a processor) to: detect, based on information received from at least one internal sensor (see table on page 570 for sensory feedback) of the first robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice), a force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) held by the second robotic arm (see Fig. on page 571, wherein the robot contains three arms, and one of which has a camera, therefore any one of the two arms can first of second by design choice); determine a responsive force or responsive torque to apply to the anatomical element (see Fig. on page 571, anatomical element) to counteract the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element); and apply the responsive force or responsive torque to the anatomical element (see Fig. on page 571, anatomical element).
As per claim 19, Mack teaches comprising further instructions that when executed, cause the at least one processor (see surgeon interface on page 571 contains a processor) to: compare the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) with a predicted force or torque (see page 570, for feedback which meet the force and torque limitation); and generate an alert in response to the detected force or torque (see page 570, for feedback which meet the force and torque limitation) exerted on the anatomical element (see Fig. on page 571, anatomical element) by the surgical tool (see Fig. on page 571, for tools) differing differs from the predicted force or torque by more than a predetermined amount (see page 570, for feedback which meet the force and torque limitation).
As per claim 20, Mack teaches wherein the at least one internal sensor (see table on page 570 for sensory feedback) comprises a force sensor and a torque sensor, wherein the surgical tool (see Fig. on page 571, for tools) comprises a high-speed drill, and wherein the surgical procedure comprises one of: pilot hole drilling, bone removal, screw insertion, or implant insertion (see Figure on page 571, wherein the end effector can be any of the surgical tool including a high-speed drill by design choice).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MCDIEUNEL MARC whose telephone number is (571) 272-6964. The examiner can normally be reached on Work 9:00 AM to 7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WADE MILES can be reached on (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-3976.
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/McDieunel Marc/
Primary Examiner, Art Unit 3665
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