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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after the final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 12/17/25 has been entered.
Accordingly, Claims 1 and 23 are amended.
Claim Objections
Claim 1 was previously objected. Applicant has amended the claim; therefore the objection is withdrawn.
Claim Rejections - 35 USC § 112
Claims 1-2, 4, 9, 22, 24 were previously rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Applicant has amended the claims; therefore the rejection is withdrawn.
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.
6. Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over MAULDIN et al. (US. 20130267836) in view of Lindenmann et al. (US. 20210156409 ) and further in view of LI GUOCHUANG (CN209723817U) (included in the IDS filed on 5/19/25).
MAULDIN discloses a fixation device figs. 9e-g capable of securing a navigation array to a bony structure for use in a robotic-assisted surgery, comprising: a trocar 910; a cortical pin 900, having a first longitudinal axis L, configured to be inserted into the trocar figs. 9e, f; a dowel (anti-rotation device as for claim 23) fig. 9g configured to be attached to the cortical pin 900, wherein the dowel is configured to prevent rotation of the cortical pin in the bony structure, and wherein a distal end of the dowel defines a distal end of the fixation device in an open configuration fig. 9G;; wherein the dowel includes first and second wing structures 908, fig. 9g forming a pin, the first and second wing structures 908 extending proximally and radially outwardly from each other from the distal end of the dowel fig. 9G, wherein a distal end of each of the wing structures 908 points in a proximal direction fig. 9g; wherein the dowel is capable to be inserted into cortical bone and a bone channel, wherein the fixation device is capable to be fixated to a bony structure of a patient to perform knee arthroplasty robotic- assisted surgery, and each extended wing structure 908 having a proximal end which is not in contact with a proximal end of the other extended wing structure fig. 9G.
MAULDIN fails to teach a navigation array configured to be removably attached to the cortical pin, wherein the navigation array has a second longitudinal axis that is offset from the first longitudinal axis, wherein the navigation array includes optical markers visible to a infrared camera system.
Lindenmann teaches a fixation device fig. 3 for securing a navigation array 304 to a bony structure, comprising: a navigation array 304 configured to be removably attached to the cortical pin fig. 3 via a screw 802, fig. 10, wherein the navigation array has a second longitudinal axis that is offset from the first longitudinal axis fig. 3, wherein the navigation array 304 includes optical markers visible to an infrared camera system (para. 106).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the fixation device of MAULDIN with a navigation array in view of Lindenmann in order to providing an effective Navigation or tracking of position and orientation of the fixation device relative to bone and other surgical instruments during surgical procedures.
MAULDIN et al. in view of Lindenmann et al fail to teach that each wing structure having a series of flexible hinge joints that are interconnected to each other.
LI GUOCHUANG teaches a dowel includes wing structures, wherein each wing structure having a series of flexible hinge joints that are interconnected to each other, and each extended wing structure having a proximal end which is not in contact with a proximal end of the other extended wing structure (see modified fig. 3 below).
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It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the dowel of MAULDIN et al. in view of Lindenmann et al with wing structures in view of LI GUOCHUANG in order to effectively enhancing securing and fixing the pin in place inside the bone.
Claim(s) 1-2, 4, 9, 22, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over MAULDIN et al. in view of Lindenmann and LI GUOCHUANG and further in view of TILLETT et al. (US 20200155238 ).
MAULDIN et al. in view of Lindenmann and LI GUOCHUANG fail to teach that the dowel is opened and closed by pulling or releasing a cable (wire), wherein the dowel is configured to be deployed via a wire pushing through the cortical pin.
TILLETT et al teaches the following “The anchoring device 227, fig. 2d (dowel as claimed) may be deployed by pushing (releasing as claimed) the anchoring device 227 (e.g. wires 229) out through the tip end 209 of the pin 200 such that the anchoring device 227 may extend into the surrounding bone tissue.” (para. 38), it is clear that the step of “pushing out (releasing)” is applied to the proximal portion of the wires 229 (which may be considered as a cable).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the dowel of MAULDIN et al. in view of Lindenmann and LI GUOCHUANG to be opened and closed by pulling or releasing a cable (wire) further in view of TILLETT et al in order to effectively enhancing and facilitating controlling the dowel to deployment and extending out to attach the bone or retracting inside the trocar.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “the device as shown in Li GuoChang shows a single wing structure in an umbrella shape whose proximal ends are all in contact with each other.”
Examiner respectfully disagrees, since Li GuoChang shows that each extended wing structure having a proximal end which is not in contact with a proximal end of the other extended wing structure (see modified fig. 3 below).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775