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 07/17/2025 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 1 is objected to because of the following informalities: claim 1 recites the limitation “a control signal rules information structure that provides classifications for t kinematic information”. Examiner believes the “t” is a typo in the limitation. Appropriate correction is required.
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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 11,737,841 B2 hereinafter “Tokarchuk 841”).
19/271,074 clm 1
Tokarchuk 841 clm 1
A teleoperated surgical system comprising: a surgical instrument;
A teleoperated surgical system comprising: a surgical instrument;
an actuator coupled to impart motion to the surgical instrument in response to a control signal;
an actuator coupled to impart motion to the surgical instrument in response to a control signal;
a sensor coupled to track instrument kinematic information indicative of instrument motion;
a processor communicatively coupled to the actuator, to a sensor and to the control signal rules information structure,
a control signal rules information structure that provides classifications for t kinematic information and that associates the classifications with control signals;
a control signal rules information structure that provides classifications for kinematic information about the surgical system, based upon kinematic information recorded for a multiplicity of prior occurrences of a surgical procedure, and that associates the classifications with control signals;
a processor communicatively coupled to the actuator, to the sensor and to the control signal rules information structure, the processor configured to perform operations comprising:
a processor communicatively coupled to the actuator, to a sensor and to the control signal rules information structure, the processor configured to perform operations comprising:
receiving instrument kinematic information from the sensor;
receiving the kinematic information
identifying a classification of the received instrument kinematic information based upon the classifications of kinematic information provided by the control signal rules information structure;
identifying a classification of the received kinematic information based upon the classifications provided by the control signal rules information structure;
and launching a control signal associated by the control signal rules information structure with the identified classification.
and launching a control signal associated by the control signal rules information structure with the identified classification.
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 Know et al. (US Pre-Granted Publication No. 2014/0277741 A1 hereinafter “Kwon”).
A teleoperated surgical system comprising: a surgical instrument; (Kwon [0296] [0059] wherein the system includes a surgical instrument operated remotely) an actuator coupled to impart motion to the surgical instrument in response to a control signal; (Kwon [0167] [0059-0060] wherein the robot is operated based on surgical command signals, using an actuator)
a sensor coupled to track instrument kinematic information indicative of instrument motion; (Kwon [0103] [0072-0077] wherein sensors are used to track the kinematic information for the instrument moving with the master controls) a control signal rules information structure that provides classifications for t kinematic information and that associates the classifications with control signals; (Kwon [0201] wherein the kinematic information for the control signals is determined and classified for the surgical slave robot) a processor communicatively coupled to the actuator, to the sensor and to the control signal rules information structure, the processor configured to perform operations comprising: (Kwon [0290-0291] wherein the system uses a processor) receiving instrument kinematic information from the sensor; (Kwon [0072-0077] [0103-0105] wherein the kinematic information from the sensors is used to classify the surgical robot operations) identifying a classification of the received instrument kinematic information based upon the classifications of kinematic information provided by the control signal rules information structure; (Kwon [0169] [0201] wherein the kinematic information is used to identify the position and orientation of the tools to achieve the set objective) and launching a control signal associated by the control signal rules information structure with the identified classification. (Kwon [0071] wherein the information is used to control the surgical robot).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2006/0142657 A1 discloses a surgical manipulator for placing limits on the surgeon and surgical device as necessary
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached at (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE T JOHNSON/Examiner, Art Unit 3656
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