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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12,397,430 B2 hereinafter Akiona 430. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim patentably indistinct inventions and the claimed invention and patent are commonly owned.
Regarding claim 1 Akiona 430 discloses:
19/240,618 clm 1
Akiona 430 clm 1
An apparatus, comprising: a base; a robotic arm operatively coupled to the base via a connector,
An apparatus, comprising: a base; a robotic arm operatively coupled to the base via a connector,
the robotic arm including a set of links interconnected by a set of joints,
the robotic arm including a set of links interconnected by a set of joints,
a first link from the set of links operatively coupled to the connector,
a first link from the set of links operatively coupled to the connector,
each joint from the set of joints including a brake from a set of brakes,
Each joint from the set of joints including a brake from a set of brakes,
the set of brakes including a first subset of brakes and a second subset of brakes,
the set of brakes including a first subset of brakes and a second subset of brakes,
each brake from the set of brakes configured to be enabled or disabled;
Each brake from the set of brakes configured to be enabled or disabled;
an end effector operatively coupled to the robotic arm via a second link from the set of links different from the first link;
an end effector operatively coupled to the robotic arm via a second link from the set of links different from the first link …
and a controller, communicably coupled to at least one of the base, the robotic arm, or the end effector,
and a controller, communicably coupled to at least one of the base, the robotic arm, or the end effector,
the controller configured to: cause the robotic arm to perform a task;
the controller configured to: cause the robotic arm to perform a task;
determine, during the task, that movement of the robotic arm is to be restricted;
determine, during the task, that movement of the robotic arm is to be restricted;
enable the first subset of brakes in response to determining that movement of the robotic arm is to be restricted;
enable the first subset of brakes in response to determining that movement of the robotic arm is to be restricted;
and disable the second subset of brakes in response to determining that movement of the robotic arm is to be restricted.
and disable the second subset of brakes in response to determining that movement of the robotic arm is to be restricted.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swarup et al. (US Pre-Granted Publication No. US 2017/0334067 A1 hereinafter “Swarup”).
Regarding claim 1 Swarup discloses:
An apparatus, comprising: a base; a robotic arm operatively coupled to the base via a connector, (Swarup [0041] [0047] wherein the surgical system includes arms, a base, and a table support with separate base) the robotic arm including a set of links interconnected by a set of joints, (Swarup [0066] wherein the robot arm includes multiple joints and links) a first link from the set of links operatively coupled to the connector, (Swarup [0035] fig. 2 element 221 wherein a first link connected to the base) each joint from the set of joints including a brake from a set of brakes, (Swarup [0077] wherein each joint includes brakes and motors to operate) the set of brakes including a first subset of brakes and a second subset of brakes, (Swarup [0077] [0081] [0082] [0084] [0086] wherein joints include their own independent brakes, allowing control of the robotic arm) each brake from the set of brakes configured to be enabled or disabled; (Swarup [0077] [0081] [0082] [0084] [0086] wherein the joints include brakes that are independently operated to stage the locking and unlocking of the robot arm) an end effector operatively coupled to the robotic arm via a second link from the set of links different from the first link; (Swarup [0081] [0038-0039] wherein second connectors couple the instrument to the robotic arm) and a controller, communicably coupled to at least one of the base, the robotic arm, or the end effector, (Swarup [0074] [0084] wherein a controller commands the robotic arm and is connected between the arm, table platform, and master controller) the controller configured to: cause the robotic arm to perform a task; (Swarup [0005] [0011] [0024] [0033] wherein the robotic arm is controlled to perform a medical procedure) determine, during the task, that movement of the robotic arm is to be restricted; (Swarup [0036] [0077] wherein the arms are changed or locked and held in place based on the procedure) enable the first subset of brakes in response to determining that movement of the robotic arm is to be restricted; (Swarup [0077] [0081] [0082] [0084] [0086] wherein the joints include brakes that are independently operated to stage the locking and unlocking of the robot arm i.e. a first joint break can be locked while others are becoming unlocked) and disable the second subset of brakes in response to determining that movement of the robotic arm is to be restricted. (Swarup [0077] [0081] [0082] [0084] [0086] wherein the joints include brakes that are independently operated to stage the locking and unlocking of the robot arm i.e. a first joint break can be locked while others are becoming unlocked).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2018/0079090 A1 discloses a robotic arm with a plurality of links and joints
KR 2010/0117708 A discloses an endoscope control device with arms, base, and tip for operation
US 2012/0088963 A1 discloses a distal robot arm with a ridged tool and base position attached to the surgical table
US 2018/0079090 A1 discloses a robot arm with multiple links and degrees of freedom to move a surgical instrument
US 2020/0253678 A1 discloses a robotic arm with a base and multiple joints to move the arm to desired poses
US 2023/0397961 A1 discloses a mobile robot arm with a support and base able to move to the location and then be secure in place
US 2024/0268906 A1 discloses a robot arm with a base mounted by a table
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle T Johnson whose telephone number is (303)297-4339. The examiner can normally be reached Monday-Thursday 7:00-5:00 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KYLE T JOHNSON/Examiner, Art Unit 3656
Prosecution Insights