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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/16/26 has been entered.
Accordingly, Claim 1 is amended, claims 8-15, 17-20 are withdrawn, claims 21-22 are added.
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.
Claim(s) 1-3, 5-6, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauri (US 20080027471 A1) in view of Lo Iacono (US 20160038242 A1).
Hauri discloses a handheld surgical tool fig. 5 comprising: a proximal portion 12 capable to be supported by a hand; a clamping mechanism fig. 3 capable to be removably attachable to a skeletal region of a subject during a surgical procedure; a plurality of tracking markers (see modified fig. 5 below) secured to at least a portion of said clamping mechanism, said plurality of tracking markers being configured to be detectable by an optical tracking system; and a geometrical marker 14 secured relative to said plurality of tracking markers such that said geometrical marker 14 remains fixed in position and orientation relative to said plurality of tracking markers when said distal clamping mechanism is attached to the skeletal anatomy fig. 5, said geometrical marker being capable to be detectable by a surface detection system during intraoperative use of the handheld surgical tool; said geometrical marker comprising a plurality of planar surfaces (see modified fig. 5 below) , wherein at least two of the planar surfaces are oriented at oblique angles relative to one another (see modified fig. 5 below), thereby facilitating detection of said geometrical marker by the surface detection system over a range of relative orientations between said handheld surgical tool and the surface detection system, wherein said geometrical marker is a first geometrical marker, said handheld surgical tool further comprising a second geometrical marker (see modified fig. 5 below), wherein said first geometrical marker and said second geometrical marker have different shapes fig. 5, wherein said geometrical marker resides closer to said distal clamping mechanism than said plurality of tracking markers fig. 5, wherein said geometrical marker has a truncated pyramidal shape (see modified fig. 5 below).
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Hauri fails to teach that the geometrical marker comprising a plurality of distinct faceted planar surfaces, wherein at least two of the distinct faceted planar surfaces are oriented at oblique angles relative to one another.
Lo Iacono teaches geometrical markers 29a, 29b, 29c, 29d, fig. 10b, each comprising a plurality of distinct faceted planar surfaces (pyramid shape), wherein at least two of the distinct faceted planar surfaces are oriented at oblique angles relative to one another fig. 10b.
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 geometrical marker of Hauri to include a plurality of distinct faceted planar surfaces (pyramid shape), wherein at least two of the distinct faceted planar surfaces are oriented at oblique angles relative to one another in view of Lo Iacono in order to allow the remote detection of the exact position of said handheld surgical tool, and hence of the surgery, through the analysis of a light radiation reflected by said distinct faceted planar surfaces.
Allowable Subject Matter
Claim 4 is 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.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1-3, 5-6 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lo Iacono.
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
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