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 .
Status of the Claims
The office action is in response to the claims filed on October 14, 2025 for the application filed October 14, 2025 which claims priority to a provisional application filed on October 14, 2024. Claims 1-20 are currently pending and have been examined.
Claim Objections
Claim 15 is objected to because of the following informalities: Claim 15 recites “15 30.” which should recite “15.”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 7-14, 16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roh et al. (U.S. Pub. No. 2023/0346477).
Regarding claim 1, Roh discloses a urological operating room suite (Paragraph [0028], The system 100 includes various surgical and medical equipment (e.g., a patient monitor 112) located within an operating room 102. Paragraph [0048], procedures for urological conditions.) comprising:
an operating theater (Paragraph [0028], The system 100 includes various surgical and medical equipment (e.g., a patient monitor 112) located within an operating room 102. Also see paragraphs [0043] surgical theater, paragraph [0046] operation theater tools and paragraph [0060], operation theater.);
a plurality of therapy consoles provisioned in the operating theater, each of the plurality of therapy consoles comprising processing circuitry, wherein the plurality of therapy consoles are configured to be utilized simultaneously to perform a urological procedure in the operating room (OR) suite (Paragraph [0028], The system 100 includes various surgical and medical equipment (e.g., a patient monitor 112) located within an operating room 102 or a doctor's office 110, a console 108 for performing surgery or other patient care, and a database 106 for storing electronic health records. The console 108 is the same as or similar to the console 420 illustrated and described in more detail with reference to FIG. 4A. Paragraph [0107], The robotic surgical system 400 can include multiple consoles 420 to allow multiple users to simultaneously or sequentially perform portions of a surgical procedure. Also see paragraph [0082]. Paragraph [0030], the system 100 includes one or more medical or surgical patient monitors 112. Paragraph [0044], the system 100 includes a medical visualization apparatus 114 used for visualization and analysis of objects (preferably three-dimensional (3D) objects) in the operating room 102. Paragraph [0048], the system 100 includes a surgical tower 128, e.g., used in conjunction with the robotic surgical system 160 disclosed herein, for MIS. Paragraph [0053], the system 100 includes an imaging system 136. Paragraph [0059], the system 100 includes an anesthesiology machine 140.);
an operating theater display provisioned in the operating theater (Paragraph [0083], the operating room 102 or the console 108 includes high-definition monitors 124, which refer to displays. Paragraph [0106], The console 420 can also include display or output. Paragraph [0120], the display 422.); and
a centralized operating theater controller, the centralized operating theater controller comprising a processor and a memory storage device coupled to the processor, the memory storage device comprising instructions that when executed by the processor cause the centralized operating theater controller to (Fig. 4A and Fig. 5, paragraph [0124], The data system 450 has one or more processors 504, a memory 506, input/output devices 508, and/or subsystems and other components 510. The processor 504 can perform any of a wide variety of computing processing, image processing, robotic system control, plan generation or modification, and/or other functions. Paragraph [0105], The robotic surgical system 400 can include surgical control software and can include a guidance system (e.g., ML guidance system, AI guidance system, etc.), surgical planning software, event detection software, surgical tool software, etc. or other features disclosed herein to perform surgical step(s) or procedures or implement steps of processes discussed herein.):
receive, from the processing circuitry of at least one of the plurality of therapy consoles, an indication of physiological information related to the urological procedure (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources. Also see paragraphs [0030], [0044], [0048], [0053] and [0059].);
generate a plurality of graphical elements comprising visual indications of the physiological information (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources). The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen. Paragraph [0106], The console 420 can also include display or output so that the one of more users can observe the patient being operated on, or the product being assembled, for example. In some embodiments, the display can show images, such as, but not limited to medical images, video, etc. The various imaging modalities can be selectable, programmed, superimposed, and/or can include other information superimposed in graphical and/or numerical or symbolic form. Paragraph [0108], A viewer 430 includes left and right eye displays 434, 436. The user can view, for example, the surgical site, instruments 437, 438, or the like. The user's movements of the input devices 424, 426 can be translated in real-time to, for example, mimic the movement of the user on the viewer 430 and display (e.g., display 124 of FIG. 1 ) and within the patient's body while the user can be provided with output, such as alerts, notifications, and information. The information can include, without limitation, surgical or implantation plans, patient vitals, modification to surgical plans, values, scores, predictions, simulations, and other output, data, and information disclosed herein. Paragraph [0109], The viewer 430 can display at least a portion of a surgical plan, including past and future surgical steps, patient monitor readings (e.g., vitals), surgical room information (e.g., available team members, available surgical equipment, surgical robot status, or the like), images (e.g., pre-operative images, images from simulations, real-time images, instructional images, etc.), and other surgical assist information.;
generate a composite display based on the plurality of graphical elements (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources). The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen. Paragraph [0106], The console 420 can also include display or output so that the one of more users can observe the patient being operated on, or the product being assembled, for example. In some embodiments, the display can show images, such as, but not limited to medical images, video, etc. The various imaging modalities can be selectable, programmed, superimposed, and/or can include other information superimposed in graphical and/or numerical or symbolic form. Paragraph [0108], A viewer 430 includes left and right eye displays 434, 436. The user can view, for example, the surgical site, instruments 437, 438, or the like. The user's movements of the input devices 424, 426 can be translated in real-time to, for example, mimic the movement of the user on the viewer 430 and display (e.g., display 124 of FIG. 1 ) and within the patient's body while the user can be provided with output, such as alerts, notifications, and information. The information can include, without limitation, surgical or implantation plans, patient vitals, modification to surgical plans, values, scores, predictions, simulations, and other output, data, and information disclosed herein. Paragraph [0109], The viewer 430 can display at least a portion of a surgical plan, including past and future surgical steps, patient monitor readings (e.g., vitals), surgical room information (e.g., available team members, available surgical equipment, surgical robot status, or the like), images (e.g., pre-operative images, images from simulations, real-time images, instructional images, etc.), and other surgical assist information.); and
send control signals to the operating theater display to cause the operating theater display to display the composite display (Paragraph [0125], a display module 524 for controlling the display. Paragraph [0127], The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen, touchscreen, printer, speaker system, etc. Also see paragraphs [0106], [0108] and [0109].).
Regarding claim 3, Roh discloses the instructions when executed by the processor, further cause the centralized operating theater controller to: determine other physiological information from the received physiological information (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers. Paragraph [0184], , the feature extraction module 208 can extract a feature vector of features from the real-time images and the real-time sensor data. The features can be indicative of bone positions, implant positions, surgical tool positions, etc. The machine learning module 200 determines the prediction based on the features. Paragraph [0185], determine or predict whether the patient's vital exceed or will likely exceed a threshold value indicating an adverse condition. Paragraph [0192], determines a prediction that the patient will experience an adverse condition based on the real-time images and the real-time sensor data. predict a future state of the patient or any associated health condition)
wherein the plurality of graphical elements further comprises visual indications of the other physiological information (Paragraph [0127], The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen. Paragraph [0108], the user can be provided with output, such as alerts, notifications, and information. The information can include, without limitation, surgical or implantation plans, patient vitals, modification to surgical plans, values, scores, predictions, simulations, and other output, data, and information disclosed herein. ).
Regarding claim 4, Roh discloses the instructions when executed by the processor, further cause the centralized operating theater controller to: receive, from the processing circuitry of at least one of the plurality of therapy consoles, an indication of captured scene information, wherein the plurality of graphical elements further comprises visual indications of the captured scene information (Paragraph [0106], The console 420 can also include display or output so that the one of more users can observe the patient being operated on, or the product being assembled, for example. In some embodiments, the display can show images, such as, but not limited to medical images, video, etc. For surgical applications, the images could include, but are not limited to, real-time optical images, real-time ultrasound, real-time OCT images and/or other modalities. Also see paragraphs [0108]-[0109].).
Regarding claim 7, Roh discloses one or more equipment controls (Paragraph [0110], the surgical robot 440 can include one or more controllers. Also see paragraph [0106].), wherein the instructions when executed by the processor, further cause the centralized operating theater controller to:
receive, from at least one of the one or more equipment controls, at least one control signal, the at least one control signal comprising indications to cause a one of the plurality of therapy consoles to change a parameter or maintain a parameter (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers. Paragraph [0065], Humidity control can be performed by controlling the temperature of anesthesia gases. Paragraph [0210], adjusting anesthesiology parameters. Paragraph [0187], a surgeon or a surgical robot adjusts performing a surgical procedure based on surgical modification instructions. The adjusting can include modifying movement of one or more surgical tools 154 at one or more surgical sites.); and
send, to the one of the plurality of therapy consoles, the at least one control signal (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers.).
Regarding claim 8, Roh discloses wherein the instructions when executed by the processor, further cause the centralized operating theater controller to process the at least one control signal, wherein the processed at least one control signal is sent to the one of the plurality of therapy consoles (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers. Claim 1, generating, using a machine learning module executed on the particular computer, instructions for a surgical robot to… adjust anesthesiology parameters based on the sensor data. Paragraph [0187], a surgeon or a surgical robot adjusts performing a surgical procedure based on surgical modification instructions. The adjusting can include modifying movement of one or more surgical tools 154 at one or more surgical sites.).
Regarding claim 9, Roh discloses wherein the instructions when executed by the processor, further cause the centralized operating theater controller to send the processed at least one control signal to another one of the plurality of therapy consoles (Paragraph [0110], the surgical robot 440 can include one or more controllers. Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers.).
Regarding claim 10, Roh discloses wherein the instructions when executed by the processor, further cause the centralized operating theater controller to:
receive, from the one of the plurality of therapy consoles, a feedback signal; process the received feedback signal; and send, to the at least one of the one or more equipment controls, the processed feedback signal, wherein the processed feedback signal causes the at least one of the one or more equipment controls to provide feedback to a user (Paragraph [0127], the process module 518 can generate control variables based on sensor readings 526 from sensors (e.g., end effector sensors of the surgical robot 440, patient monitoring equipment, etc.), operator input 524 (e.g., input from the surgeon console 420 and/or other data sources), and the output module 520 can communicate operator input to external computing devices and control variables to controllers. The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen. Paragraph [0132], surgical programs can include… feedback (e.g., haptic feedback, audible feedback, etc.). , the surgical plan can be modified in real-time).
Regarding claim 11, Roh discloses wherein the one or more equipment controls are provisioned in the operating theater (Fig. 4A and paragraphs [0106] and [0110]).
Regarding claim 12, Roh discloses wherein the instructions when executed by the processor, further cause the centralized operating theater controller to:
generate configuration signals for the plurality of therapy consoles based in part on procedure preferences for the urological procedure; send, to the plurality of therapy consoles, the configuration signals (Paragraph [0107], The number and configuration of consoles 420 can be selected based on the surgical procedure to be performed, number and configurations of surgical robots, surgical team capabilities, or the like. Paragraph [0109], The number and configuration of the viewers 430 can be selected based on the configuration and number of surgical robots. Also see paragraphs [0126]-[0127].).
Regarding claims 13-14, 16 and 18-20: all limitations as recited have been analyzed and rejected with respect to claims 1-2, 4, 7 and 10. Claims 13-14 and 16 pertain to a method, corresponding to the urological operating room suite of claims 1-2 and 4. Claims 18-20 pertain to a machine readable storage device, corresponding to the urological operating room suite of claims 1, 7 and 10. Claims 13-14, 16 and 18-20 do not teach or define any new limitations beyond claims 1-2, 4, 7 and 10; therefore claims 13-14, 16 and 18-20 are rejected under the same rationale.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Roh et al. (U.S. Pub. No. 2023/0346477) in view of St. Clair et al. (U.S. Pub. No. 2024/0299124).
Regarding claim 3, Roh further discloses wherein the plurality of therapy consoles comprises at leastParagraph [0048], MIS can include endoscopic, laparoscopic, arthroscopic, natural orifice intraluminal, and natural orifice transluminal procedures. The surgical tower 128 typically includes access to a variety of surgical tools, such as for electrocautery, radiofrequency, lasers, sensors, etc.) and wherein the received physiological information comprises one or more of a pressure, a fluid flow, an energy, or a power (Paragraph [0052], sensors 134 are used in association with MIS devices and the robotic surgical system 160 described herein. The sensors 134 can output shape, size, pressure, softness, composition, temperature, vibration, shear, and normal forces. Paragraph [0034], the monitors 112 include a blood pressure monitor. Paragraph [0035], the monitors 112 include a body temperature monitor. Paragraph [0059], O2 flowmeter.), and wherein the determined other physiological information comprises a turbidity, a clarity, a temperature, a procedure state, or a target tissue state (Paragraph [0185], The systems disclosed herein can monitor patient vitals (e.g., blood pressure, heart rate, respiration rate, body temperature, ECG, arterial blood oxygen saturation, end-tidal carbon dioxide, etc.) and determine or predict whether the patient's vital exceed or will likely exceed a threshold value indicating an adverse condition.).
Roh does not appear to explcitly disclose wherein the plurality of therapy consoles comprises at least a fluidics unit.
St. Clair teaches that it was old and well known in the art of surgical devices at the time of the filing wherein the plurality of therapy consoles comprises at least a fluidics unit (St. Clair, paragraph [0006], operation and control of an inflow and/or outflow of fluid to an operating site as controlled by a surgical pump Paragraph [0026], an arthroscopy pump controller 12 c.) to maintain hemostasis of the patient cavity at the surgical site (St. Clair, paragraph [0006]).
Therefore, it would have been obvious to one of ordinary skill in the art of surgical devices at the time of the filing to modify the therapy consoles of Roh such that the plurality of therapy consoles comprises at least a fluidics unit, as taught by St. Clair, in order to maintain hemostasis of the patient cavity at the surgical site.
Claim 15 is rejected based on the same rationale as claim 3.
Claims 5-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Roh et al. (U.S. Pub. No. 2023/0346477) in view of Simi et al. (U.S. Pub. No. 2022/0273379).
Regarding claim 5, Roh discloses an observation room and an observation room display provisioned in the observation room, wherein the composite display is a first composite display (Paragraph [0106], The console 420 can also include display or output so that the one of more users can observe the patient being operated on. Paragraph [0107], The robotic surgical system 400 can include multiple consoles 420 to allow multiple users to simultaneously or sequentially perform portions of a surgical procedure. Paragraph [0108], The console 420 can be located at the surgical room or at a remote location. Paragraph [0109], The robotic surgical system 400, illustrated and described in more detail with reference to FIG. 4A, can further include multiple viewers 430 so that multiple members of a surgical team can view the surgical procedure. A console display at a location remote from the surgical room to observe the patient is construed as an observation room display provisioned in the observation room.) and wherein the instructions when executed by the processor, further cause the centralized operating theater controller to:
generate a second composite display based on one or more first ones of the plurality of graphical elements (Paragraph [0108], the user can be provided with output, such as alerts, notifications, and information. The information can include, without limitation, surgical or implantation plans, patient vitals, modification to surgical plans, values, scores, predictions, simulations, and other output, data, and information disclosed herein. Paragraph [0127], The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen.); and
send control signals to the observation room display to cause the observation room display to display the second composite display (Paragraph [0127], The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen.),
wherein the first composite display is generated based on one or more second ones of the plurality of graphical elements (Paragraph [0108], the user can be provided with output, such as alerts, notifications, and information. The information can include, without limitation, surgical or implantation plans, patient vitals, modification to surgical plans, values, scores, predictions, simulations, and other output, data, and information disclosed herein. Paragraph [0127], The display module 522 can be configured to convert and transmit processing parameters, sensor readings 526, output signals 528, input data, treatment profiles and prescribed operational parameters through one or more connected display devices, such as a display screen.).
Roh does not appear to explicitly disclose the urological operating room suite comprising the observation room.
Simi teaches that it was old and well known in the art of surgery at the time of the filing to provide an operating room suite comprising the observation room (Simi, the surgeon 332 may operate from a remote location 358 and is unable to directly see the patient anatomy 337 and therefore is forced to use a remote visualization means 359, 360, such as a remote screen 359 and/or remote eyeglasses 360. Preferably, the remote location 358 is separated from the operating arena 333 by means of a wall 362 or barrier 362.) to allow a surgeon to operate when a console station is unsuitable to be sterilized and placed within the sterile operatory arena (Simi, paragraph [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art of surgery at the time of the filing to modify the urological operating room suite of Roh to comprise the observation room, as taught by Simi, in order to allow a surgeon to operate when a console station is unsuitable to be sterilized and placed within the sterile operatory arena.
Regarding claim 6, Roh discloses wherein the one or more first ones of the plurality of graphical elements are different than the one or more second ones of the plurality of graphical elements and wherein the first composite display is different than the second composite display (Paragraph [0107], The number and configuration of consoles 420 can be selected based on the surgical procedure to be performed, number and configurations of surgical robots, surgical team capabilities, or the like. Paragraph [0109], The viewer 430 can display at least a portion of a surgical plan, including past and future surgical steps, patient monitor readings (e.g., vitals), surgical room information (e.g., available team members, available surgical equipment, surgical robot status, or the like), images (e.g., pre-operative images, images from simulations, real-time images, instructional images, etc.), and other surgical assist information. In some embodiments, the viewer 430 can be a VR/AR headset, display, or the like. The robotic surgical system 400, illustrated and described in more detail with reference to FIG. 4A, can further include multiple viewers 430 so that multiple members of a surgical team can view the surgical procedure. The number and configuration of the viewers 430 can be selected based on the configuration and number of surgical robots.).
Claim 17 is rejected based on the same rationale as claim 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devin C. Hein whose telephone number is (303)297-4305. The examiner can normally be reached 9:00 AM - 5:00 PM M-F MDT.
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, Jason B. Dunham can be reached at (571) 272-8109. 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.
/DEVIN C HEIN/Examiner, Art Unit 3686
Prosecution Insights