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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
Claim Objections
Claim 39 is objected to because of the following informalities: claim 39 recites the limitations “a plurality of sensos … the plurality of sensors … the plurality of sensos; and a controller in operable communication with the robotic arm and the plurality of sensos” wherein it appears “sensos” is a typo for “sensor” as found in the rest of the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 38 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 38 recites the limitation "causes the controller to: transmit a control signal to the robotic cart or the robotic arm" in line 3. There is insufficient antecedent basis for this limitation in the claim. It appears the robotic cart has not been introduced until independent claim 39.
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.
Claims 24-43 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of Meglan 406 (US Patent No. US 12,357,406 B2 hereinafter “Meglan 406”).
Regarding claim 24 Meglan 406 discloses:
19/269,256 clm 24
Meglan 406 clm 4
A surgical robotic collision detection system, comprising: a plurality of robotic arms;
A surgical robotic collision detection system, comprising: a robotic cart having a robotic arm;
an imaging device supported on each robotic arm,
a plurality of imaging devices supported by the robotic cart or the robotic arm,
each imaging device configured to capture images within a field of vision of each imaging device;
the plurality of imaging devices configured to capture images within a field of vision of the plurality of imaging devices;
and a controller in operable communication with each robotic arm and each imaging device,
the controller having a processor and a memory storing instructions thereon which, when executed by the processor, causes the controller to:
and a controller in operable communication with the robotic arm and the plurality of imaging devices, the controller having a processor and a memory storing instructions thereon which, when executed by the processor, causes the controller to:
receive the images from each imaging device;
receive the images from the plurality of imaging devices;
generate a first plurality of spatial points from the images;
generate a three-dimensional grid including a first plurality of spatial points from the images;
and detect a potential collision of objects located within each field of vision based on:
and detect a potential collision of objects located within the field of vision based on:
the geometric orientation of the objects located within each field of vision;
the generated three-dimensional grid; the geometric orientation of the objects located within the field of vision;
and a sweep volume of movement of each of the objects located within each field of vision,
and a sweep volume of movement of each of the objects located within the field of vision,
wherein any overlap in the sweep volumes of the objects located within each field of vision provides an indication of the potential collision.
wherein any overlap in the sweep volumes of the objects located within the field of vision provides an indication of the potential collision.
Regarding claim 25 Meglan 406 discloses:
19/269,256 clm 25
Meglan 406 clm 2
The system according to claim 24, wherein at least one imaging device is selected from the group consisting of a stereoscopic imaging device, an optical imaging device, a ranging laser device, and an infrared (IR) imaging device.
The system according to claim 1, wherein at least one imaging device of the plurality of imaging devices is selected from the group consisting of a stereoscopic imaging device, an optical imaging device, a ranging laser device, and an infrared (IR) imaging device.
Regarding claim 26 Meglan 406 discloses:
19/269,256 clm 26
Meglan 406 clm 3
The system according to claim 25, wherein each imaging device includes a sensor configured to capture a first image at a first time point, the first image including a first object of the objects located within each field of vision in positional relation to the sensor.
The system according to claim 1, wherein at least one imaging device of the plurality of imaging devices includes a sensor configured to capture a first image at a first time point, the first image including a first object of the objects located within the field of vision in positional relation to the sensor.
Regarding claim 27 Meglan 406 discloses:
19/269,256 clm 27
Meglan 406 clm 4
The system according to claim 26, wherein the memory stores instructions which, when executed by the processor, causes the controller to receive the first image and generate a first depth map based on the first image.
The system according to claim 3, wherein the memory stores instructions which, when executed by the processor, causes the controller to receive the first image and generate a first depth map based on the first image.
Regarding claim 28 Meglan 406 discloses:
19/269,256 clm 28
Meglan 406 clm 1, clm 5
The system according to claim 27, wherein the controller: generates a three dimensional grid which includes the first plurality of spatial points from the images; and generates a first point cloud based on the first depth map, the first point cloud including the first plurality of spatial points contained within the grid.
… generate a three-dimensional grid including a first plurality of spatial points from the images; (clm 1) … wherein the controller generates a first point cloud based on the first depth map, the first point cloud including the first plurality of spatial points contained within the grid. (clm 5)
Regarding claim 29 Meglan 406 discloses:
19/269,256 clm 29
Meglan 406 clm 6
The system according to claim 28, wherein the controller segments the first plurality of spatial points to identify a first spatial point subset of the first point cloud, each spatial point in the first spatial point subset corresponds to a surface of a first object of the objects.
The system according to claim 5, wherein the controller segments the first plurality of spatial points to identify a first spatial point subset of the first point cloud, each spatial point in the first spatial point subset corresponds to a surface of the first object.
Regarding claim 30 Meglan 406 discloses:
19/269,256 clm 30
Meglan 406 clm 7
The system according to claim 29, where the memory includes instructions that, when executed by the processor, causes the controller to: compare the first spatial point subset to a pre-identified configuration of a structure of the first object to identify the first object within each field of vision of each imaging device.
The system according to claim 6, where the memory includes instructions that, when executed by the processor, causes the controller to: compare the first spatial point subset to a pre-identified configuration of a structure of the first object to identify the first object within the field of vision of the plurality of imaging devices.
Regarding claim 31 Meglan 406 discloses:
19/269,256 clm 31
Meglan 406 clm 8
The system according to claim 26, wherein: the sensor of each imaging device captures a second image at a second time point, and the memory further includes instructions that, when executed by the processor, causes the controller to: receive the second image; and generate a second depth map.
The system according to claim 3, wherein: the sensor of the at least one imaging device of the plurality of imaging devices captures a second image at a second time point, and the memory further includes instructions that, when executed by the processor, causes the controller to: receive the second image; and generate a second depth map.
Regarding claim 32 Meglan 406 discloses:
19/269,256 clm 32
Meglan 406 clm 9
The system according to claim 31, where the memory further includes instructions that, when executed by the at least one processor, causes the controller to: generate a second point cloud within the coordinate system comprising a second plurality of spatial points, and where the second point cloud is based on the second depth map.
The system according to claim 8, where the memory further includes instructions that, when executed by the at least one processor, causes the controller to: generate a second point cloud within the coordinate system comprising a second plurality of spatial points, and where the second point cloud is based on the second depth map.
Regarding claim 33 Meglan 406 discloses:
19/269,256 clm 33
Meglan 406 clm 10
The system according to claim 32, where the memory further includes instructions that, when executed by the at least one processor, causes the controller to:
The system according to claim 9, where the memory further includes instructions that, when executed by the at least one processor, causes the controller to:
segment the second plurality of spatial points to identify a second spatial point subset of the second point cloud
segment the second plurality of spatial points to identify a second spatial point subset of the second point cloud
and compare the second spatial point subset to the pre-identified configuration of a structure of the objects;
and compare the second spatial point subset to the pre-identified configuration of a structure of the objects;
match the first spatial point subset in the first point cloud with the second spatial point subset in the second point cloud to orient the first point cloud with the second point cloud;
match the first spatial point subset in the first point cloud with the second spatial point subset in the second point cloud to orient the first point cloud with the second point cloud;
and identify motion of the objects within each field of vision of each imaging device based on the orientation of the first point cloud relative to the second point cloud.
and identify motion of the objects within the field of vision of the plurality of imaging devices based on the orientation of the first point cloud relative to the second point cloud.
Regarding claim 34 Meglan 406 discloses:
19/269,256 clm 34
Meglan 406 clm 11
The system according to claim 33, wherein the memory further includes instructions that, when executed by the one or more processors, causes the controller to determine a spatial trajectory of the objects based upon the identified motion of the objects from the position of the objects in the first point cloud to the position of the objects in the second point cloud.
The system according to claim 10, wherein the memory further includes instructions that, when executed by the one or more processors, causes the controller to determine a spatial trajectory of the objects based upon the identified motion of the objects from the position of the objects in the first point cloud to the position of the objects in the second point cloud.
Regarding claim 35 Meglan 406 discloses:
19/269,256 clm 35
Meglan 406 clm 12
The system according to claim 34, further comprising a display device in communication with the controller, wherein the memory further includes instructions stored thereon which, when executed by the processor, causes the controller to: cause the display device to output an indication of a possible collision based on determining that a possible collision exists.
The system according to claim 1, further comprising a display device in communication with the controller, wherein the memory further includes instructions stored thereon which, when executed by the processor, causes the controller to: cause the display device to output an indication of a possible collision based on determining that a possible collision exists.
Regarding claim 36 Meglan 406 discloses:
19/269,256 clm 36
Meglan 406 clm 13
The system according to claim 35, wherein the indication includes a three- dimensional image of a position diagram.
The system according to claim 12, wherein the indication includes a three-dimensional image of a position diagram.
Regarding claim 37 Meglan 406 discloses:
19/269,256 clm 37
Meglan 406 clm 14
The system according to claim 35, wherein the three-dimensional images of the position diagram illustrate a rendering of the possible collision at a later point in time in a case where the each object remains-on the spatial trajectory.
The system according to claim 12, wherein the three-dimensional images of the position diagram illustrate a rendering of the possible collision at a later point in time in a case where the objects remain on the spatial trajectory.
Regarding claim 38 Meglan 406 discloses:
19/269,256 clm 38
Meglan clm 15
The system according to claim 24, wherein the memory further includes instructions stored thereon which, when executed by the processor, causes the controller to: transmit a control signal to the robotic cart or the robotic arm to cause the robotic arm to reposition to avoid the possible collision.
The system according to claim 1, wherein the memory further includes instructions stored thereon which, when executed by the processor, causes the controller to: transmit a control signal to the robotic cart or the robotic arm to cause the robotic arm to reposition to avoid the possible collision.
Regarding claim 39 Meglan 406 discloses:
19/269,256 clm 39
Meglan 406 clm 1
A surgical robotic collision detection system, comprising: a robotic cart having a robotic arm;
A surgical robotic collision detection system, comprising: a robotic cart having a robotic arm;
a plurality of sensos supported by the robotic cart or the robotic arm, the plurality of sensors configured to capture sensor data within a field of vision of the plurality of sensos;
a plurality of imaging devices supported by the robotic cart or the robotic arm, the plurality of imaging devices configured to capture images within a field of vision of the plurality of imaging devices;
and a controller in operable communication with the robotic arm and the plurality of sensos, the controller having a processor and a memory storing instructions thereon which, when executed by the processor, causes the controller to:
and a controller in operable communication with the robotic arm and the plurality of imaging devices, the controller having a processor and a memory storing instructions thereon which, when executed by the processor, causes the controller to:
receive the sensor data from the plurality of sensors;
receive the images from the plurality of imaging devices;
generate a three-dimensional grid including a first plurality of spatial points from the sensor data;
generate a three-dimensional grid including a first plurality of spatial points from the images;
and detect a potential collision of objects located within the field of vision based on:
and detect a potential collision of objects located within the field of vision based on:
the generated three-dimensional grid;
the generated three-dimensional grid;
the geometric orientation of the objects located within the field of vision;
the geometric orientation of the objects located within the field of vision;
and a sweep volume of movement of each of the objects located within the field of vision,
and a sweep volume of movement of each of the objects located within the field of vision,
wherein any overlap in the sweep volumes of the objects located within the field of vision provides an indication of the potential collision.
wherein any overlap in the sweep volumes of the objects located within the field of vision provides an indication of the potential collision.
Regarding claim 40 Meglan 406 discloses:
19/269,256 clm 40
Meglan 406 clm 2
The system according to claim 39, wherein each sensor of the plurality of sensors is selected from the group consisting of a stereoscopic imaging device, an optical imaging device, a ranging laser device, and an infrared (IR) imaging device.
The system according to claim 1, wherein at least one imaging device of the plurality of imaging devices is selected from the group consisting of a stereoscopic imaging device, an optical imaging device, a ranging laser device, and an infrared (IR) imaging device.
Regarding claim 41 Meglan 406 discloses:
19/269,256 clm 41
Meglan 406 clm 3
The system according to claim 39, wherein each sensor is a component of an imaging device configured to capture a first image at a first time point, the first image including a first object of the objects located within the field of vision in positional relation to the sensor.
The system according to claim 1, wherein at least one imaging device of the plurality of imaging devices includes a sensor configured to capture a first image at a first time point, the first image including a first object of the objects located within the field of vision in positional relation to the sensor.
Regarding claim 42 Meglan 406 discloses:
19/269,256 clm 42
Meglan 406 clm 4
The system according to claim 41, wherein the memory stores instructions which, when executed by the processor, causes the controller to receive the first image and generate a first depth map based on the first image.
The system according to claim 3, wherein the memory stores instructions which, when executed by the processor, causes the controller to receive the first image and generate a first depth map based on the first image.
Regarding claim 43 Meglan 406 discloses:
19/269,256 clm 43
Meglan 406 clm 5, 6, 7,
The system according to claim 42, wherein the controller: generates a first point cloud based on the first depth map, the first point cloud including the first plurality of spatial points contained within the grid;
wherein the controller generates a first point cloud based on the first depth map, the first point cloud including the first plurality of spatial points contained within the grid (clm 5)
segments the first plurality of spatial points to identify a first spatial point subset of the first point cloud, each spatial point in the first spatial point subset corresponds to a surface of the first object;
segments the first plurality of spatial points to identify a first spatial point subset of the first point cloud, each spatial point in the first spatial point subset corresponds to a surface of the first object (clm 6)
where the memory includes instructions that, when executed by the processor, causes the controller to: compare the first spatial point subset to a pre-identified configuration of a structure of the first object to identify the first object within the field of vision of the plurality of imaging devices.
where the memory includes instructions that, when executed by the processor, causes the controller to: compare the first spatial point subset to a pre-identified configuration of a structure of the first object to identify the first object within the field of vision of the plurality of imaging devices (clm 7)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0198140 A1 discloses a robotic system that uses edge points and 2D images to determine if the swept volume profile would collide
US 2020/0008874 A1 discloses a medical system with a robot using kinematic information to determine the manipulator and the patient anatomy for localization of the instrument positions
US 2018/0222050 A1 discloses a workspace sweep collision determination based on occluded spaces and occupied spaces
US 2017/0333137 A1 discloses a navigation system using instrument vision and object identification to create boundaries
US 2003/0109780 A1 discloses a surgical robot planning system using multiple entry points and simulation validations to determine if the robot positions are available
US 12,357,406 B2 discloses a system for operating a surgical robot using a grid and collision sweep image to determine collisions may exist
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.
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/KYLE T JOHNSON/Examiner, Art Unit 3656
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