DETAILED ACTION
This is a non-final office action on the merits. Claims 1-18 are pending and addressed below.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/23/2025 is being considered by the examiner.
The information disclosure statement (IDS) submitted on 9/8/2025 is being considered by the examiner.
Some documents listed and not submitted were found with parent applications.
Non-English documents have been considered in as much as the drawings and translated portions provided therein (See MPEP 609).
Double Patenting
The nonstatutory 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 timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory 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 nonstatutory 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-12 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12303218 in view of Kottenstette et al. (US 20210220064 a reference in IDS 4/23/2025).
Regarding claim 1, claims 1-15 of U.S. Patent No. 12303218 teach:
A robotic method, comprising:
controlling movement of a surgical robot by a primary robot controller based on input from a first input device, the primary robot controller comprising a process for controlling the surgical robot;
responsive to determining that the primary robot controller is unable to control movement of the surgical robot, transitioning control of the surgical robot to a secondary robot controller; controlling movement of the surgical robot by the secondary robot controller based on input from a second input device different from the first input device;
responsive to determining that the secondary robot controller is unable to control movement of the surgical robot, transitioning control of the surgical robot to a backup robot controller coupled to the secondary input device;
backup robot controller includes a controller;
second input device includes coupled input device;
(claims 1-15 of U.S. Patent No. 12303218, in particular claims 1-2, 6-7, 11-12);
Claims 1-15 of U.S. Patent No. 12303218 do not explicitly teach:
controlling movement of the surgical robot by controller based on input from coupled input device;
However, Kottenstette et al. teaches:
controlling surgical robot includes controlling movement of surgical robot;
controlling movement of the surgical robot by controller based on input from coupled input device;
(at least figs. 1-5, 12 [0003]-[0056] [0061] discuss catheter/surgical system; discuss control center 202 with user console; user at control center 202 with remote command and control module 212/remote controller 216 controlling robotic medical device system 204/robotic system 245/robotic arm/robotic device/medical devices (e.g., catheters, guidewires, balloon catheters, microcatheters, etc.); discuss local the robotic medical device system 204 with local command and control module 214/local controller by itself also can control the robotic medical device); in particular [0045]-[0046] discuss “The remote command and control module 212 receives command and control signals from a control center control console 236. The control console 236 is configured to receive user inputs from an operator at the remote site for the operation of the robotic medical device system 204 and other systems and devices at the local sites”, “Remote command and control module 212 uses the timestamp information from the remote reference clock 220 to timestamp the command and control signals received from the control console 236. The timestamped command and control signals may be transmitted via network 206 to a local command and control module 214 in the robotic medical device system 204. The local command and control module 214 is configured to provide the command and control signals over network 206 to, for example, a robotic system 245 in the robotic medical device system 204 to control the operation of the medical device(s) 246”; [0047] discuss “The local command and control module 214 may also receive command and control signals from a robotic medical device system control console 238. The control console 238 is configured to receive user inputs from an operator at the local site for the operation of the robotic medical device system 204 at the local site”; fig. 5 [0053] discuss “If the network connection has been lost or the speed of the network 206 has slowed below a predetermined rate, the control center 202 may give control of the robotic system 245 and the medical device(s) 246 back to the robotic medical device system 204”; fig. 12 [0061] discuss “FIG. 12 shows exemplary user interfaces when the robotic medical device system is in control of the robotic medical device”; [0047] discussed “A display 241 is coupled to the local command and control module 214 and may be used to display data and images. Local command and control module 214 also receive images from an imaging system 248 and hemodynamic data from patient sensors 250. In an embodiment where the robotic medical device system 204 is a catheter procedure system as described above with respect to FIGS. 2 and 3, the local controller 218 may be coupled to a display 120, 122 or touch screen 124. The images from imaging system 248 may be captured and scaled using a first video capture and scaling device 242 and the hemodynamic data may be captured and scaled using a second video capture and scaling device 244) to provide a communications and control system for a robotic medical device system ([0003]-[0056] [0061] [0044]) ;
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system and method of claims 1-15 of U.S. Patent No. 12303218 with controlling surgical robot includes controlling movement of surgical robot; and controlling movement of the surgical robot by controller based on input from coupled input device; as taught by Kottenstette et al. to provide a communications and control system for a robotic medical device system.
Regarding claims 2-6, claims 1-15 of U.S. Patent No. 12303218 teach these claims.
Regarding claim 7, claims 1-15 of U.S. Patent No. 12303218 teach:
A robotic method, comprising:
controlling movement of a surgical robot by a primary robot controller based on input from a first input device;
determining a failure of the primary robot controller;
responsive to determining the failure of the primary robot controller, transitioning control of the surgical robot to a secondary robot controller;
controlling movement of the surgical robot by the secondary robot controller;
determining a failure of the secondary robot controller;
responsive to determining the failure of the secondary robot controller, transitioning control of the surgical robot to a backup robot controller; and
the backup robot controller is a controller;
(claims 1-15 of U.S. Patent No. 12303218, in particular claims 1-2, 6-7, 11-12);
Claims 1-15 of U.S. Patent No. 12303218 do not explicitly teach:
controlling movement of the surgical robot by the backup robot controller;
However, as the backup robot controller is a controller, it is obvious to have a controller controlling movement of the surgical robot to provide control capability (claims 1-2, 6-7, 11-12 of U.S. Patent No. 12303218);
In addition and in the alternative, Kottenstette et al. teaches:
a controller controlling movement of the surgical robot;
(at least figs. 1-5, 12 [0003]-[0056] [0061] discuss catheter/surgical system; discuss control center 202 with user console; user at control center 202 with remote command and control module 212/remote controller 216 controlling robotic medical device system 204/robotic system 245/robotic arm/robotic device/medical devices (e.g., catheters, guidewires, balloon catheters, microcatheters, etc.); discuss local the robotic medical device system 204 with local command and control module 214/local controller by itself also can control the robotic medical device); in particular [0045]-[0046] discuss “The remote command and control module 212 receives command and control signals from a control center control console 236. The control console 236 is configured to receive user inputs from an operator at the remote site for the operation of the robotic medical device system 204 and other systems and devices at the local sites”, “Remote command and control module 212 uses the timestamp information from the remote reference clock 220 to timestamp the command and control signals received from the control console 236. The timestamped command and control signals may be transmitted via network 206 to a local command and control module 214 in the robotic medical device system 204. The local command and control module 214 is configured to provide the command and control signals over network 206 to, for example, a robotic system 245 in the robotic medical device system 204 to control the operation of the medical device(s) 246”; [0047] discuss “The local command and control module 214 may also receive command and control signals from a robotic medical device system control console 238. The control console 238 is configured to receive user inputs from an operator at the local site for the operation of the robotic medical device system 204 at the local site”; fig. 5 [0053] discuss “If the network connection has been lost or the speed of the network 206 has slowed below a predetermined rate, the control center 202 may give control of the robotic system 245 and the medical device(s) 246 back to the robotic medical device system 204”; fig. 12 [0061] discuss “FIG. 12 shows exemplary user interfaces when the robotic medical device system is in control of the robotic medical device”; [0047] discussed “A display 241 is coupled to the local command and control module 214 and may be used to display data and images. Local command and control module 214 also receive images from an imaging system 248 and hemodynamic data from patient sensors 250. In an embodiment where the robotic medical device system 204 is a catheter procedure system as described above with respect to FIGS. 2 and 3, the local controller 218 may be coupled to a display 120, 122 or touch screen 124. The images from imaging system 248 may be captured and scaled using a first video capture and scaling device 242 and the hemodynamic data may be captured and scaled using a second video capture and scaling device 244) to provide a communications and control system for a robotic medical device system ([0003]-[0056] [0061] [0044]) ;
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system and method of claims 1-15 of U.S. Patent No. 12303218 with a controller controlling movement of the surgical robot; as taught by Kottenstette et al. to provide a communications and control system for a robotic medical device system.
Regarding claims 8-11, claims 1-15 of U.S. Patent No. 12303218 teach these claims.
Regarding claim 12, claims 1-15 of U.S. Patent No. 12303218 teach:
wherein controlling the surgical robot by the secondary controller comprise controlling based on input from a second input device different from the first input device;
wherein controlling the surgical robot by the backup controller comprise controlling by the backup controller;
the backup robot controller is coupled to the secondary input device;
backup robot controller includes a controller;
the secondary input device includes input device;
(claims 1-15 of U.S. Patent No. 12303218, in particular claims 1-2, 6-7, 11-12);
Claims 1-15 of U.S. Patent No. 12303218 do not explicitly teach:
controlling movement of the surgical robot by controller based on input from coupled input device;
However, Kottenstette et al. teaches:
controlling surgical robot includes controlling movement of surgical robot;
controlling movement of the surgical robot by controller based on input from coupled input device;
(at least figs. 1-5, 12 [0003]-[0056] [0061] discuss catheter/surgical system; discuss control center 202 with user console; user at control center 202 with remote command and control module 212/remote controller 216 controlling robotic medical device system 204/robotic system 245/robotic arm/robotic device/medical devices (e.g., catheters, guidewires, balloon catheters, microcatheters, etc.); discuss local the robotic medical device system 204 with local command and control module 214/local controller by itself also can control the robotic medical device); in particular [0045]-[0046] discuss “The remote command and control module 212 receives command and control signals from a control center control console 236. The control console 236 is configured to receive user inputs from an operator at the remote site for the operation of the robotic medical device system 204 and other systems and devices at the local sites”, “Remote command and control module 212 uses the timestamp information from the remote reference clock 220 to timestamp the command and control signals received from the control console 236. The timestamped command and control signals may be transmitted via network 206 to a local command and control module 214 in the robotic medical device system 204. The local command and control module 214 is configured to provide the command and control signals over network 206 to, for example, a robotic system 245 in the robotic medical device system 204 to control the operation of the medical device(s) 246”; [0047] discuss “The local command and control module 214 may also receive command and control signals from a robotic medical device system control console 238. The control console 238 is configured to receive user inputs from an operator at the local site for the operation of the robotic medical device system 204 at the local site”; fig. 5 [0053] discuss “If the network connection has been lost or the speed of the network 206 has slowed below a predetermined rate, the control center 202 may give control of the robotic system 245 and the medical device(s) 246 back to the robotic medical device system 204”; fig. 12 [0061] discuss “FIG. 12 shows exemplary user interfaces when the robotic medical device system is in control of the robotic medical device”; [0047] discussed “A display 241 is coupled to the local command and control module 214 and may be used to display data and images. Local command and control module 214 also receive images from an imaging system 248 and hemodynamic data from patient sensors 250. In an embodiment where the robotic medical device system 204 is a catheter procedure system as described above with respect to FIGS. 2 and 3, the local controller 218 may be coupled to a display 120, 122 or touch screen 124. The images from imaging system 248 may be captured and scaled using a first video capture and scaling device 242 and the hemodynamic data may be captured and scaled using a second video capture and scaling device 244) to provide a communications and control system for a robotic medical device system ([0003]-[0056] [0061] [0044]) ;
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system and method of claims 1-15 of U.S. Patent No. 12303218 with controlling surgical robot includes controlling movement of surgical robot; controlling movement of the surgical robot by controller based on input from coupled input device; as taught by Kottenstette et al. to provide a communications and control system for a robotic medical device system.
Claims 13-17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12303218 in view of GAMER et al. (US 20150293779 a reference in IDS 4/23/2025).
Regarding claim 13, claims 1-15 of U.S. Patent No. 12303218 teach:
A robotic method, comprising:
controlling movement of a surgical robot by a primary robot controller based on input from a first input device;
detecting a failure of the primary robot controller by a secondary robot controller;
responsive to the failure of the primary robot controller, transitioning control of the surgical robot to the secondary robot controller, the transitioning of the control to the secondary robot controller comprising routing communications received from the surgical robot when controlling the surgical robot from the surgical robot to the secondary controller;
and
responsive to the failure of the secondary robot controller, transitioning control of the surgical robot to the tertiary robot controller, the transitioning of the control to the tertiary robot controller comprising routing communications received from the surgical robot when controlling the surgical robot from the surgical robot to the tertiary controller;
robot controller include controller;
(claims 1-15 of U.S. Patent No. 12303218, in particular claims 1-2,4-5, 6-7, 10, 11-12, 15);
Claims 1-15 of U.S. Patent No. 12303218 do not explicitly teach:
detecting a failure of the secondary controller by a tertiary controller;
However, GAMER et al. teaches:
detecting a failure of the secondary controller by a tertiary controller;
(at least fig. 1 [0043]-[0065] discuss primary and secondary controllers, in particular at least [0056]-[0061] discuss “The controller in the primary mode sends out a periodic message, a so-called “heartbeat”, and the secondary controller detects non-availability (for example, an unexpected failure) when it no longer receives the message within a period (positive logic)”; discuss “In the alternative, the controller in the primary mode sends out a message upon becoming non-available. (The term “activity message” includes “non-availability message”.) Such a negative logic can have the advantage to avoid network consumption by period messages. This alternative is useful in failure scenarios (failure messages), and also useful in maintenance scenarios where the primary controller is to be maintained (maintenance message)”; discuss “Both alternatives could be combined: period messages (heartbeat) can deal with unexpected failures, and extra messages can be used for smooth task transition in maintenance scenarios; [0057] discuss “controller 110-1, which executes task A in a primary mode, sends message 120-A to controller 110-2 that executes task A in a secondary mode. Controller 110-2 (primary mode for B) sends message 120-B to controller 110-3 (secondary mode for B). Controller 110-3 (primary mode for C) sends message 120-C to controller 110-1 (secondary mode for C). Activity messages 120 can be sent and received periodically”, [0082] discuss “In case that controller 110-3 would become non-available (t2, t3), message 120-C would be absent and manager 130-1 would instantiate task C into controller 110-1”; these teachings indicate that controller 110-3 is secondary controller to controller 100-2, and controller 110-1 is backup controller) to be useful in various scenarios, including unexpected failures, failure scenarios. maintenance scenarios ([0056]-[0061);
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system and method of Claims 1-15 of U.S. Patent No. 12303218 with detecting a failure of the secondary controller by a tertiary controller; as taught by GAMER et al. to be useful in various scenarios, including unexpected failures, failure scenarios. maintenance scenarios.
Regarding claims 14-17, Claims 1-15 of U.S. Patent No. 12303218 teach these claims
Allowable Subject Matter
Claim 18 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
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BAO LONG T. NGUYEN
Examiner
Art Unit 3656
/BAO LONG T NGUYEN/Primary Examiner, Art Unit 3656
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