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 .
Continued Examination Under 37 CFR 1.114
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 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/18/2026 has been entered.
Response to Arguments
Applicant's arguments filed 03/18/2026 have been fully considered but they are not persuasive.
Applicant argues: Plaskos / Lavallee does not disclose the limitations of claim 1 directed to positioning the guide adjacent to the two bones while being attached to one of the bones.
Response: the office is of the position that the structure of the system of Plaskos / Lavallee is substantially identical to that of the claimed system, and therefore inherently capable of performing the claimed function. Moreover, since the two bones are adjacent to one another, placement of the guide adjacent to any of the bone renders the guide to be adjacent to the other bone, when giving the claim its BRI.
Applicant argues: In Lavallee, the robotic guide assembly is not attached to bone.
Response: the office respectfully directs the Applicant to at least Figs. 31 and ¶225, wherein Lavallee states that one or several rods intended to contact the anatomical structure. Accordingly, a PHOSITA considering the entirety of Lavallee should understand that he assembly of Lavallee is attached to bone. Moreover, as argued by the Applicant, Lavallee discloses in at least ¶207, wherein the holding arm to be connected to i.e. leg holder or mount, and therefore showing that the assembly to be attached to at least one of the bones, i.e. Fig.22, wherein element 60 attaches the assembly to the bone. The office is of the position that the fact the Lavallee may include additional structure not required by Applicant's invention, it must be noted that Lavallee discloses the invention as claimed. The fact that it discloses additional structure not claimed is irrelevant.
In response to Applicant's argument that Lavallee does not include certain features of Applicant's invention, the limitations on which the Applicant relies (i.e., the assembly consisting solely of fixed fastening of the robotic guide assembly to one of the bones) are not stated in the claims. Therefore, it is irrelevant whether the reference includes those features or not.
Applicant argues: in Lavallee, the strap attachment around the thigh is not attachment of the assembly to the bone.
Response: the office is of the position that the attachment can occurs directly or indirectly. Moreover, since the structure disclosed by Lavallee is substantially identical to that claimed, the disclosed structure is inherently capable of performing the claimed function, i.e. directly attaching the strap to bone.
Applicant argues: in Lavallee, rods 50 or 63 are not attached to bone, they merely act as spacers against bone.
Response: the office is of the position that being in contact with, can reasonably mean attached to, and according to Lavallee recitation, cited in Applicant’s argument P.15, rods 63 intended to be in contact with the anatomical structure, which means attached to the anatomical structure being the bone. Moreover, the claim does not specify that the assembly is limited to a single attachment to the bone to maintain its position, rendering the possible involvement of other elements to assist in securing and maintaining position of the assembly relative to bone.
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) 1 – 3, 5 – 6, 11 – 12, 21 – 22, 25 – 26 and 28 – 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plaskos et al. (US Pub. 2011/0130761 A1).
Claim 1, Plaskos discloses a robotic cutting guide system for computer-assisted surgery [abstract, ¶61, and Figs. 1 – 21] comprising:
a robotic guide assembly [at least a portion of assembly 100] that includes:
a cutting guide [at least a portion of guide 600]; and
a fixation bracket for attaching the robotic guide assembly to bone [400, Figs. 8 – 9];
a three-dimensional position tracking system [at least a portion of the position measuring system 110 of system 100 that includes cameras] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [¶40 - ¶44, track positions of at least markers 130, 142, and 152]; and
a controller [computer system 120] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [¶40 - ¶45], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint, where the repositioning of the cutting guide is based on the tracked position of the other one of the first and the second bones of joint and/or the robotic guide assembly [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Plaskos discloses the limitations of claim 1 as above, and further, Plaskos discloses:
Claim 2, wherein the controller is further programmed to adjust the position of the cutting guide in multiple degrees of freedom based on the tracked position of the first and/or the second bones of the joint and the robotic guide assembly [¶87 - ¶93, at least 2 DOFs about axes 520 and 522].
Claim 3, wherein the fixation bracket [400, Figs. 8 – 9] comprises: a primary bracket [410]; a connection bracket [420] pivotably attached to the primary bracket [¶78 - ¶83, pivots at least a bout axis 430]; and a bone fastener for attaching the fixation bracket to bone [¶63, 310].
Claim 5, wherein the robotic guide assembly further includes:
a positioning mechanism [at least a portion of mechanism 500] including a first arm having a first axis of rotation [one of arms 516 or 518 having a corresponding axis of 520 or 522] and a second arm having a second axis of rotation [the other one of arms 516 or 518 having a corresponding axis of 520 or 522]; wherein: the fixation bracket extends from the first arm [bracket 400 extends from arm 516] via primary bracket connection to the first arm [Fig.11], and the cutting guide extends from the second arm [guide 600 extends from arm 518, Fig.11].
Claim 6, wherein the fixation bracket comprises: a primary bracket [410, Figs. 8 – 9]; and a connection bracket [420] pivotable relative to the primary bracket about a primary axis of rotation [¶78 - ¶83, pivots at least a bout axis 430], wherein the connection bracket includes pivot having a secondary axis of rotation [432] transverse to the primary axis of rotation [Fig. 9], and wherein the primary axis of rotation and the secondary axis of rotation are both transverse to the first axis of rotation of the first arm and the second axis of rotation of the second arm of the positioning mechanism [Fig. 11, below].
Claim 11, wherein the controller is programmed to determine an amount of deviation of the first and second bones from a datum reference and output a warning when the amount of deviation exceeds a predetermined criteria [¶40, ¶44, ¶48, ¶53, and Fig.1].
Claim 12, a pointer [160], and wherein the controller is programmed to display on a display a surgical workflow when the pointer is positioned adjacent a predetermined device [¶46 - ¶51].
Claim 28, wherein the fixation bracket is for fixedly securing the robotic guide assembly to bone [¶63], and wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly fixedly secured to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains fixedly secured to the one of the first and the second bones of the joint, where the repositioning of the cutting guide is based on the tracked position of the other one of the first and the second bones of joint and/or the robotic guide assembly [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Claim 29, wherein fixedly securing the robotic guide assembly to bone includes use of bone screws and/or bone pins with the fixation bracket [pins 310, ¶63].
Claim 30, wherein the repositioning of the cutting guide adjacent the other one of the first and the second bones of the joint occurs without the need for tracking the position of the one of the first and the second bones of the joint to which the robotic guide assembly is attached [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: due to the substantially identical structures between the disclosed and claimed systems, the disclosed system of Plaskos inherently capable of performing the claimed functions].
Claim 31, wherein a cutting of the other one of the first and the second bones of the joint does not require attaching the robotic guide assembly to the other one of the first and the second bones of the joint, thereby reducing time, invasiveness and complexity of the computer-assisted surgery [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: due to the substantially identical structures between the disclosed and claimed systems, the disclosed system of Plaskos inherently capable of performing the claimed functions].
Claim 21, Plaskos discloses a robotic cutting guide system for computer-assisted surgery [abstract, ¶61, and Figs. 1 – 21] comprising:
a three-dimensional position tracking system [at least a portion of the position measuring system 110 of system 100 that includes cameras] for tracking a position of a first bone of a joint and a second bone of the joint; and
a robotic guide assembly [at least a portion of assembly 100] including: a cutting guide [at least a portion of guide 600], and a fixation bracket [400, Figs. 8 – 9] comprising: a primary bracket [410]; a connection bracket [420] pivotably attached to the primary bracket [¶78 - ¶83, pivots at least a bout axis 430]; and a bone fastener for securing the fixation bracket to bone [¶63, 310];
a controller operatively [computer system 120] in communication with the robotic guide assembly and the three-dimensional position tracking system [¶40 - ¶45], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Plaskos discloses the limitations of claim 21 as above, and further, Plaskos discloses:
Claim 22, wherein the robotic guide assembly further includes a positioning mechanism [at least a portion of mechanism 500], the positioning mechanism including: a first arm having a first axis of rotation [one of arms 516 or 518 having a corresponding axis of 520 or 522] and a second arm having a second axis of rotation [the other one of arms 516 or 518 having a corresponding axis of 520 or 522]; wherein the fixation bracket extends from the first arm [bracket 400 extends from arm 516] via primary bracket connection to the first arm [Fig.11], and the cutting guide extends from the second arm [guide 600 extends from arm 518, Fig.11].
the fixation bracket extends from the first arm [bracket 400 extends from arm 516] via primary bracket connection to the first arm [Fig.11], and the cutting guide extends from the second arm [guide 600 extends from arm 518, Fig.11].
Claim 25, Plaskos discloses a robotic cutting guide system for computer-assisted surgery [abstract, ¶61, and Figs. 1 – 21] comprising:
a robotic guide assembly [at least a portion of assembly 100] that includes a cutting guide [at least a portion of guide 600], a fixation bracket [400, Figs. 8 – 9], and a positioning mechanism [at least a portion of mechanism 500], where the positioning mechanism positions the fixation bracket for attaching the robotic guide assembly to bone [bracket 400 extends from arm 516]; and positions the cutting guide [guide 600 extends from arm 518, Fig.11];
a three-dimensional position tracking system [at least a portion of the position measuring system 110 of system 100 that includes cameras] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [¶40 - ¶44, track positions of at least markers 130, 142, and 152]; and
a controller [computer system 120] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [¶40 - ¶45], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint, wherein: the positioning and the repositioning of the cutting guide is based on the positions tracked by the three-dimensional position tracking system [¶39 - ¶40, ¶52 - ¶56, and ¶59 - ¶61. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones]; and support for the robotic guide assembly during operation consists solely of attaching the robotic guide assembly to the one of the first and the second bones of the joint [¶63, by 310].
Plaskos discloses the limitations of claim 25 as above, and further, Plaskos discloses:
Claim 26, wherein the controller is programmed to determine an amount of deviation of the first and the second bones from a datum reference and output a warning when the amount of deviation exceeds a predetermined criteria [¶40, ¶44, ¶48, ¶53, and Fig.1].
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Claim(s) 1, 21 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lavallee et al. (US Pub. 2021/0353311 A1).
Claim 1, Lavallee discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 31] comprising:
a robotic guide assembly [Figs. 27 - 32] that includes:
a cutting guide [at least a portion of guide 2000]; and
a fixation bracket for attaching the robotic guide assembly to bone [at least a portion of arm 5, Figs. 29, ¶215 - ¶216];
a three-dimensional position tracking system [at least a portion of the tracking unit 200 which track relative pose of anatomical structural] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [ i.e. ¶161 - ¶163, ¶317, ¶321, and ¶323]; and
a controller [control unit 300] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [¶159, and ¶164], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint, where the repositioning of the cutting guide is based on the tracked position of the other one of the first and the second bones of joint and/or the robotic guide assembly [claim 1. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Claim 21, Lavallee discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 31] comprising:
a three-dimensional position tracking system [at least a portion of the tracking unit 200 which track relative pose of anatomical structural] for tracking a position of a first bone of a joint and a second bone of the joint [Figs. 27 - 32]; and
a robotic guide assembly [4] including: a cutting guide [at least a portion of guide 2000], and a fixation bracket [at least a portion of arm 5, Figs. 29, ¶215 - ¶216] comprising: a primary bracket [at least a portion of arm 5, by 63]; a connection bracket [at least another portion of arm 5] pivotably attached to the primary bracket [¶215, by pivot link 51]; and a bone fastener for securing the fixation bracket to bone [¶225, rods 63];
a controller [control unit 300] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [¶159, and ¶164], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint [claim 1, Figs.29. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Claim 25, Lavallee discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 31] comprising:
a robotic guide assembly [Figs. 27 - 32] that includes a cutting guide [at least a portion of guide 2000], a fixation bracket [at least a portion of arm 5, Figs. 29, ¶215 - ¶216], and a positioning mechanism [at least a portion of mechanism 4], where the positioning mechanism positions the fixation bracket for attaching the robotic guide assembly to bone [Figs.29]; and positions the cutting guide [Figs.29];
a three-dimensional position tracking system [at least a portion of the tracking unit 200 which track relative pose of anatomical structural] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [i.e. ¶161 - ¶163, ¶317, ¶321, and ¶323]; and
a controller [control unit 300] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [¶159, and ¶164], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint, wherein: the positioning and the repositioning of the cutting guide is based on the positions tracked by the three-dimensional position tracking system [claim 1, Figs.29. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones]; and support for the robotic guide assembly during operation consists solely of attaching the robotic guide assembly to the one of the first and the second bones of the joint [Figs.29].
Claim(s) 1, 21 and 25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chi (US Pub. 2021/0137613 A1).
Claim 1, Chi discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 38, and Fig.30 to Chi below] comprising:
a robotic guide assembly [3001 or 3305] that includes:
a cutting guide [Fig.30 below]; and
a fixation bracket for attaching the robotic guide assembly to bone [at least a portion of 3008];
a three-dimensional position tracking system [at least a portion of the stereoscopic sensor 1212 which track relative pose of anatomical structural, Fig.12] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [ i.e. ¶97, ¶119 and ¶131]; and
a controller [computing ¶97] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [computing ¶97], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint, where the repositioning of the cutting guide is based on the tracked position of the other one of the first and the second bones of joint and/or the robotic guide assembly [¶97 and claim 1. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Claim 21, Chi discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 38, and Fig.30 to Chi below] comprising:
a three-dimensional position tracking system [at least a portion of the stereoscopic sensor 1212 which track relative pose of anatomical structural, Fig.12] for tracking a position of a first bone of a joint and a second bone of the joint [ i.e. ¶97, ¶119 and ¶131]; and
a robotic guide assembly [3001 or 3305] including: a cutting guide [Fig.30 below], and a fixation bracket [Fig.30 below] comprising: a primary bracket [at least a portion of 3008 on one side of rotational joint 3002]; a connection bracket [at least another portion of an arm of the assembly on the other side of the rotational joint 3002] pivotably attached to the primary bracket [¶151]; and a bone fastener for securing the fixation bracket to bone [inherent, wherein the fixation bracket to be secured to the anatomy, and Chi refers to fixations of bracket to anatomy occurs via i.e. drill bits , best shown in Fig.22, 2203, ¶134];
a controller [computing ¶97] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [computing ¶97], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint with the robotic guide assembly attached to the one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint while the robotic cutting guide assembly remains attached to the one of the first and the second bones of the joint [¶97 and claim 1. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones].
Claim 25, Chi discloses a robotic cutting guide system for computer-assisted surgery [abstract, and Figs. 1 – 38, and Fig.30 to Chi below] comprising:
a robotic guide assembly [3001 or 3305] that includes a cutting guide [Fig.30 below], a fixation bracket [Fig.30 below], and a positioning mechanism [Fig.25, motors], where the positioning mechanism positions the fixation bracket for attaching the robotic guide assembly to bone [Figs.30 - 38]; and positions the cutting guide [Figs.30 - 38];
a three-dimensional position tracking system [at least a portion of the stereoscopic sensor 1212 which track relative pose of anatomical structural, Fig.12] for tracking a position of a first bone of a joint, a second bone of the joint, and/or the robotic guide assembly [ i.e. ¶97, ¶119 and ¶131]; and
a controller [computing ¶97] operatively in communication with the robotic guide assembly and the three-dimensional position tracking system [computing ¶97], wherein the controller is programmed to position the cutting guide adjacent one of the first and the second bones of the joint, and then to reposition the cutting guide adjacent the other one of the first and the second bones of the joint, wherein: the positioning and the repositioning of the cutting guide is based on the positions tracked by the three-dimensional position tracking system [¶97 and claim 1. Note: the controller is programmed to position and reposition the cutting guide adjacent to the bones]; and support for the robotic guide assembly during operation consists solely of attaching the robotic guide assembly to the one of the first and the second bones of the joint [Figs.30 - 38].
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
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