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 .
Claim Objections
Claims 1-2, 4, and 6 are objected to because of the following informalities:
In claim 1, line 1, “the relative positions” should read “relative positions”.
In claim 1, the last para., “based on the relative distance between the emitters and the optical tracker” should read “based on a relative distance between the emitters and the at least one optical tracker”.
In claim 2, page 2, line 2, “but not depth but not elevation data” should read “but not depth data”.
In claim 4, “between the first imagers of the first pair of imagers” should read “between the pair of first imager” or “between the first imagers of the pair of first imagers”.
In claim 6, lines 4-5, the “a first surgical instrument” should read “a third surgical instrument”.
In claim 6, the last para., “based on the relative distance between the emitters and the optical tracker” should read “based on a relative distance between the second emitters and the at least one optical tracker”.
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 § 2146 et seq. 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. 12459125.
Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of the instant application corresponds to the parent claim 1.
The instant application
1. A method of determining the relative positions of robotic manipulators, comprising:
providing a first robotic manipulator comprising a first base portion and a first arm portion, the first arm portion moveable relative to the first base portion to maneuver a first surgical instrument;
providing a second robotic manipulator comprising a second base portion and a second arm portion, the second arm portion moveable relative to the second base portion to maneuver a second surgical instrument, wherein the first base portion and the second base portion are discrete bases independently moveable across a floor of an operating room;
US12459125
1. A method of determining the relative positions of robotic manipulators, comprising:
providing a first robotic manipulator comprising a first base portion and a first arm portion, the first arm portion moveable relative to the first base portion to maneuver a first surgical instrument;
providing a second robotic manipulator comprising a second base portion and a second arm portion, the second arm portion moveable relative to the second base portion to maneuver a second surgical instrument, wherein the first base portion and the second base portion are discrete bases independently moveable across a floor of an operating room;
The instant application
while maintaining the first base portion in a fixed position in an operating room, moving the first arm portion relative to the first base portion to maneuver the first surgical instrument;
while maintaining the second base portion in a fixed position in the operating room, moving the second arm portion relative to the second base portion to maneuver the second surgical instrument;
US12459125
while maintaining the first base portion in a fixed position in an operating room, moving the first arm portion relative to the first base portion to maneuver the first surgical instrument;
while maintaining the second base portion in a fixed position in the operating room, moving the second arm portion relative to the second base portion to maneuver the second surgical instrument;
The instant application
while moving at least one of the first and second arm portions to maneuver at least one of the first and second surgical instruments, capturing images of emitters on the first arm portion of the first robotic manipulator using at least one optical tracker positioned on the second arm portion of the second robotic manipulator; and
US12459125
while moving at least one of the first and second arm portions to maneuver at least one of the first and second surgical instruments, capturing images of emitters on the first arm portion of the first robotic manipulator using at least one camera positioned on the second arm portion of the second robotic manipulator;
The instant application
based on the relative distance between the emitters and the optical tracker, determining a relative distance between the first base portion and the second base portion.
US12459125
based on the relative distance between the emitters and the camera, determining a relative distance between the first base portion and the second base portion.
Allowable Subject Matter
Claims 2-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
