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 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.
Claim(s) 21-24, 27-28, 30-36, 39-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanton et al. (U.S. Pub. No. 2018/0014890 A1, hereinafter “Stanton”).
Stanton discloses, regarding claim 21, a method for treating a spine (see Figs. 2A-2G), the method comprising the steps of: connecting an end effector (201, see Fig. 2B, see also para. [0027]) to a first member (105, see Fig. 2B); connecting a second member (103) to the first member (see Fig. 2B, see para. [0015] “sliding engagement”); and positioning a third member (101) through the first member and the second member to adjust a depth of the third member relative to tissue and the end effector (see Fig. 2B, see para. [0015] “sliding engagement”, see para. [0016] “extends beyond”).
Regarding claim 22, further comprising connecting the end effector with a robot arm (301, see Fig. 3, see para. [0027]).
Regarding claim 23, wherein the robot arm includes position sensors (202, see Fig. 3, see para. [0027]) which measure and identify positional data points of the end effector in three-dimensional space for a guide-wireless insertion of the members with tissue (see Fig. 3, see para. [0027]).
Regarding claim 24, wherein connecting the end effector to the first member comprises inserting the first member through a channel (e.g. channel of 203) of the end effector (see Fig. 2B, see para. [0028]).
Regarding claim 27, wherein the end effector comprises opposite proximal (e.g. proximal end / top of 203) and distal end surfaces (e.g. distal end / bottom of 203), the distal end of the second member extending through the distal end surface (see Fig. 2B), the second member comprising an opposite proximal end that directly engages the proximal end surface (see Fig. 2B).
Regarding claim 28, further comprising connecting a navigation component (119) with the third member (see Fig. 2B) such that the navigation component is positioned relative to a sensor to communicate a signal representative of an orientation of the third member (see para. [0032]).
Regarding claim 30, wherein the third member extends through the end effector when the third member is positioned through the first member and the second member (see Fig. 2B, see para. [0016]).
Regarding claim 31, wherein the third member extends through opposite proximal and distal end surfaces of the end effector when the third member is positioned through the first member and the second member (see Fig. 2B, see para. [0016]).
Regarding claim 32, wherein the distal end of the second member extends through a distal end surface of the first member (see Fig. 2B, see para. [0016]).
Regarding claim 33, wherein the distal end of the third member extends through the distal end of the second member (see Fig. 2B, see para. [0016]).
Regarding claim 34, wherein the distal end of the third member includes a pointed tip (109, see Fig. 1A) configured to penetrate tissue (see Fig. 1A).
Regarding claim 35, further comprising removing the third member from the first member and the second member (see Fig. 2F, see para. [0035]).
Regarding claim 36, wherein the first member includes a cannulated dilator (see Fig. 2B, see para. [0015]).
Stanton discloses, regarding claim 39, a method for treating a spine (see Figs. 2A-2G), the method comprising the steps of: connecting an end effector (201) to a dilator (105, see Fig. 2B); connecting a drill guide (103) to the dilator (see Fig. 2B, see para. [0015] “sliding engagement”); and positioning an anchor (101) through the dilator and the drill guide to adjust a depth of the anchor relative to tissue and the end effector (see Fig. 2B, see para. [0016] “extends beyond”).
Stanton discloses, regarding claim 40, a method for treating a spine (see Figs. 2A-2G), the method comprising the steps of: connecting an end effector (201) to a first member (105, see Fig. 2B); connecting a second member (103) to the first member (see Fig. 2B, see para. [0015] “sliding engagement”); positioning a third member (101) through the first member and the second member to adjust a depth of the third member relative to tissue and the end effector (see Fig. 2B, see para. [0015] “sliding engagement” and see para. [0016] “extends beyond”); connecting a navigation component (119) with the third member (see Fig. 2B, see para. [0015] “sliding engagement”) such that the navigation component is positioned relative to a sensor to communicate a signal representative of an orientation of the third member (see para. [0032]); and connecting the end effector with a robot arm (301, see Fig. 3, see para. [0027]), wherein the robot arm includes position sensors (202, see Fig. 3, see para. [0027]) which measure and identify positional data points of the end effector in three-dimensional space for a guide-wireless insertion of the members with tissue (see Fig. 3, see para. [0027]).
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 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.
Claim(s) 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stanton, as applied to claim 21 above, and in view of Kostrzewski et al. (U.S. Pub. No. 2015/0196365 A1, hereinafter “Kostrzewski”).
Stanton discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 25, wherein connecting the end effector to the first member comprises releasably engaging a lock of the end effector with the first member; and regarding claim 26, wherein the lock includes a spring button.
Kostrzewski discloses a surgical instrument guide (1030) with a lock (1032) that includes a spring button (see para. [0094]) in order to lock the position of the instrument within the guide (see para. [0094]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the cannula of the end effector in Stanton to include a lock that includes a spring button in view of Kostrzewski in order to enable locking of the first member within the cannula of the end effector.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stanton, as applied to claim 21 above, and in view of Bush, JR. et al. (U.S. Pub. No. 2019/0269469 A1, hereinafter “Bush”).
Stanton discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 29, wherein the distal end of the second member comprises a plurality of teeth extending radially about the distal end of the second member.
Bush discloses a second member (160, see Fig. 9), wherein the distal end (173) includes a plurality of teeth (178) extending radially about the distal end of the second member (see Fig. 9) in order to enable the distal end to penetrate into the bone so as to partially embed it within the bony anatomy (see para. [0089]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the distal end of the second member in Stanton to include a plurality of teeth extending radially about the distal end of the second member in view of Bush in order to enable the distal end to penetrate into the bone so as to partially embed it within the bony anatomy.
Claim(s) 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stanton, as applied to claim 21 above, and in view of Markworth (U.S. Pub. No. 2003/0233098 A1, hereinafter “Markworth”).
Stanton discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 37, wherein the second member includes a part configured to adjust the depth of the third member relative to tissue and the end effector; and regarding claim 38, wherein the part is translatable to adjust the depth of the third member.
Markworth discloses a second member (14) with a part (16) translatable to adjust the depth of a third member (12) in order to control the desired depth of the insertion of the third member and prevent over insertion or under insertion of the third member (see paras. [0047] and [0059]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the second member in Stanton to include a part translatable to adjust the depth of the third member relative to the tissue in view of Markworth in order to control the desired depth of the insertion of the third member and prevent over insertion or under insertion of the third member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The following references disclose depth adjusters for surgical instruments:
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/M.C.G/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773
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