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 .
Detailed Action
This is in response to the preliminary amendment filed 11/21/2025.
Allowable Subject Matter
Claims 29-40 are allowed.
Claims 22-25, 28 are 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.
The following is a statement of reasons for the indication of allowable subject matter: claim 22 recites 22 determining that the ultrasonic instrument is to switch from the heating state to the cooling state in response to receiving user input through an input device. Claim 23 recites wherein the one or more characteristics comprises a resonance frequency of the ultrasonic instrument, wherein using the one or more characteristics to determine the temperature comprises determining the temperature based on a difference between a baseline resonance frequency determined while the blade is at room temperature and the resonance frequency of the ultrasonic instrument. Claim 24 recites wherein the one or more characteristics comprises a plurality of resonance frequencies that are each sequentially determined while the blade of the ultrasonic instrument is in the cooling state, wherein the method further comprises determining a time at which the blade is to cool below a temperature threshold based on a rate of change of the plurality of resonance frequencies, wherein the notification comprises the time. Claim 25 recites wherein the notification is displayed on a display of the surgical system, wherein the method further comprises: determining that the temperature of the blade of the ultrasonic instrument has cooled to be equal to or less than a temperature threshold; and in response, removing the notification from the display. Claim 28 recites comprising determining that the hinged arm has moved away from the blade, wherein the one or more characteristics is determined in response to a determination that the hinged arm has moved away from the blade. Claim 29 recites memory having instructions which when executed by the at least one processor causes the surgical system to: responsive to a determination that an ultrasonic instrument has switched from a heating state in which a blade of the ultrasonic instrument is to vibrate over a first excursion that is greater than an excursion threshold at which the blade is to cut or cauterize tissue due to frictional heat while up against the tissue to a cooling state in which the blade of the ultrasonic instrument is to vibrate over a second excursion that is less than the excursion threshold, determine one or more characteristics of the ultrasonic instrument; and use the one or more characteristics to determine a temperature of the blade of the ultrasonic instrument; and present, on the display, a notification based on the temperature. Claim 37 recites A non-transitory machine-readable medium comprising instructions which when executed by at least one processor of a surgical system causes the surgical system to: responsive to a determination that an ultrasonic instrument has switched from a heating state in which a blade of the ultrasonic instrument is to vibrate over a first excursion that is greater than an excursion threshold at which the blade is to cut or cauterize tissue due to frictional heat while up against the tissue to a cooling state in which the blade of the ultrasonic instrument is to vibrate over a second excursion that is less than the excursion threshold, determine one or more characteristics of the ultrasonic instrument; and use the one or more characteristics to determine a temperature of the blade of the ultrasonic instrument; and display a notification based on the temperature.
The office agrees the art of record fails to teach or suggest these features.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2005/0273126 (Beaupre) in view of U.S. Patent Number 5,471,988 (Fujio et al.)
Regarding claim 21, Beaupre discloses as shown in Figure 1, a method performed by a surgical system, the method comprising: responsive to a determination that an ultrasonic instrument has switched from a heating state in which a blade of the ultrasonic instrument is to vibrate over a first excursion that is
greater than an excursion threshold at which the blade is to cut or cauterize tissue due to frictional heat while up against the tissue to a cooling state in which the blade of the ultrasonic instrument is to vibrate over a second excursion that is less than the excursion threshold, determining one or more characteristics of the ultrasonic instrument (color of blade, see paragraph [0031]); and using the one or more characteristics to determine a temperature of the blade of the ultrasonic instrument. See paragraph [0031].
Beaupre fails to disclose displaying a notification based on the temperature.
Fujio et al., from the same field of endeavor teaches a similar method as shown in Figure 1, wherein displaying a notification based on the temperature for the purpose of alerting the operator when the blade reaches a particular temperature. See col. 45, lines 41-53.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the method disclosed by Beaupre to include the step of displaying a notification based on the temperature as taught by Beaupre in order to alert the operator when the blade reaches a particular temperature.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2005/0273126 (Beaupre) in view of U.S. Patent Number 5,471,988 (Fujio et al.) as applied to claim 21 above, and further in view of U.S. Patent Publication Number 2008/0009714 (Oda)
Regarding claim 26, Beaupre fails to discloses displaying an endoscopic video captured by one or more endoscopic cameras of the surgical system during a surgical procedure, wherein the notification is displayed as text based on the temperature overlaid on top of the endoscopic video.
Oda, from a related field of endeavor teaches a similar method which includes the step of an endoscopic video captured by one or more endoscopic cameras of the surgical system during a surgical procedure, wherein the notification is displayed as text based overlaid on top of the endoscopic video. See paragraph [0016].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the method disclosed by Beaupre to include step of an endoscopic video captured by one or more endoscopic cameras of the surgical system during a surgical procedure, wherein the notification is displayed as text based overlaid on top of the endoscopic video such that displaying an endoscopic video captured by one or more endoscopic cameras of the surgical system during a surgical procedure, wherein the notification is displayed as text based on the temperature overlaid on top of the endoscopic video in order to view the notification and endoscopic video at the same time, a predictable use of known components to obtain expected ergonomic benefits. See KSR, 550 U.S. at 417; MPEP § 2143.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2005/0273126 (Beaupre) in view of U.S. Patent Number 5,471,988 (Fujio et al.) as applied to claim 21 above, and further in view of U.S. Patent Publication Number 2019/0201040 (Messerly et al)
Regarding claim 27, Beaupre fails to disclose wherein the ultrasonic instrument comprises a grasper that includes the blade that is arranged to vibrate along a longitudinal axis of the blade and a hinged arm arranged to move towards the blade to press the tissue up against the blade.
Messerly et al., from the same field of endeavor teaches a similar method as shown in Figure 23, where the ultrasonic instrument comprises a grasper (clamp arm 1140, see paragraph [0398]) that includes the blade that is arranged to vibrate along a longitudinal axis of the blade and a hinged arm arranged to move towards the blade to press the tissue up against the blade, for the purpose of configuring the tool to grip tissue.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the method disclosed by Beaupre to include grapser taught by Messerly et al., in order to configure the instrument to grab tissue.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G LOUIS whose telephone number is 571-270-1965. The examiner can normally be reached on Monday – Friday, 9:30 – 6:00 pm.
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/RICHARD G LOUIS/Primary Examiner, Art Unit 3771
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