DETAILED ACTION
The Examiner acknowledges the amendments received 20 October 2025. Claims 17-20 are cancelled; new claims 21-24 are entered; claims 1-16 and 21-24 are pending.
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 .
Response to Arguments
Applicant's arguments filed 20 October 2025 have been fully considered but they are not persuasive. The arguments pertain to the amendments to the claims and will be addressed below in the rejections.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 23-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 23 recites the limitation "the robotic system" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Furthermore, claim 24 does not appear to further limit claim 23, since claim 23 requires “a detector that senses a radiation” and claim 24 requires “the detector comprises a radiation detector”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-16 and 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Snyder et al (2020/0222127). Snyder discloses (Figure 1) robotic system (par. 0008-0009) having the robotic coordinate system defined relative to a first portion of the robotic system, wherein the robotic system is configured to be positioned relative to a subject; a detector on or proximate to the robotic system (par. 0044); a tracking system defining a navigation space having a navigation coordinate system; a fiducial marker at a first known position in the robotic coordinate system relative to the first portion of the robotic system; and a processor system operable to: acquire a fiducial image at an initial time with an imaging system of the fiducial marker when the fiducial marker is at the first known position relative to the robotic coordinate system and relative to the first portion of the robotic system; determine the initial time of the acquisition of the fiducial image with the imaging system with the detector based on the detector automatically transmitting a notification to the processor system in response to the detector sensing radiation from the imaging system (par. 0032 and 0041); and determine or record an initial position of at least one of the first portion of the robotic system or the robotic coordinate system at the initial time.
Regarding claim 2, Snyder discloses (par. 0038) the imaging system configured to generate an image the subject and the fiducial marker.
Regarding claim 3, Snyder discloses (par. 0032) the imaging system is a x-ray imaging system.
Regarding claim 4, Snyder discloses (par. 0045) the detector automatically sends a signal to the processor system upon detection of acquisition of the fiducial image.
Regarding claim 5, Snyder discloses (par. 0044) the detector is a radiation detector.
Regarding claim 6, Snyder discloses (par. 0030) the detector is a radiation detector on an arm of the robotic system.
Regarding claim 7, Snyder discloses (par. 0030) the detector is a radiation detector proximate to an end effector of the robotic system.
Regarding claim 8, Snyder discloses (par. 0049) the processor system is further configured to: determine the navigation space with the navigation coordinate system having the tracking system; determine a first reference position of a reference marker within the navigation space when the detector of the robotic system detects radiation emitted to capture the fiducial image of the fiducial marker; correlate the first known position of the reference marker in the robotic coordinate system and a determined first reference position of the reference marker within the navigation space; determine a translation map between the robotic coordinate system and the navigation space based on the correlation; and determine a registration between the robotic coordinate system and the navigation coordinate system based at least on the determined translation map.
Regarding claim 9, Snyder discloses (par. 0056) the robotic system further includes: a second portion of the robotic system movable relative to the first portion; and a snapshot tracking device removably fixed relative to the second portion; wherein the processor system is further operable to determine a position of the snapshot tracking device in the navigation space; and wherein the robotic system includes a robotic processor operable to determine a position of the second portion in the robotic coordinate system.
Regarding claim 10, Snyder discloses (par. 0035) a display device configured to display a graphical representation of at least a portion moved with the robotic system based at least on the registration.
Regarding claim 11, Snyder discloses (par. 0008-0009) determining a robotic coordinate system between a first portion of the robotic system and a subject, wherein the subject is separate from the first portion of the robotic system; connecting a fiducial marker at a first known position relative to the robotic coordinate system and relative to the first portion of the robotic system; acquiring a fiducial image at an initial time with an imaging system of the fiducial marker; detecting acquisition of the fiducial image with the imaging system at the initial time with a detector (par. 0044) that senses a radiation generated by the imaging system (par. 0032 and 0041); enabling the detector to immediately transmit a notification to the robotic system when the detector senses the radiation generated by the imaging system, thereby enabling the robotic system to acquire a precise time as to the acquisition of the fiducial image; and sending a command to determine or record an initial position of at least one of the first portion of the robotic system or the robotic coordinate system at the initial time (par. 0043).
Regarding claim 12, Snyder discloses (par. 0048) the sending the command to determine or record the initial position of at least one of the first portion of the robotic system or the robotic coordinate system at the initial time occurs automatically upon the detecting the acquisition of the fiducial image with the imaging system at the initial time with the detector.
Regarding claim 13, Snyder discloses (par. 0044) the detector is a radiation detector.
Regarding claim 14, Snyder discloses (par. 0044) the detector is a radiation detector on an arm of the robotic system.
Regarding claim 15, Snyder discloses (par. 0032, 0041 and 0044) detecting the acquisition of the fiducial image with the imaging system at the initial time with the detector includes detecting x-ray radiation from the imaging system.
Regarding claim 16, Snyder discloses (par. 0049) determining a navigation space with the navigation coordinate system having the tracking system; determining a first reference position of a reference marker within the navigation space when the detector of the robotic system detects radiation emitted to capture the fiducial image of the fiducial marker; correlating the first known position of the reference marker in the robotic coordinate system and a determined first reference position of the reference marker within the navigation space; determining a translation map between the robotic coordinate system and the navigation space based on the correlation; and determining a registration between the robotic coordinate system and the navigation coordinate system based at least on the determined translation map.
Regarding claims 21-22, Snyder discloses (par. 0045) the detector transmits the notification via a wireless connection.
Regarding claim 23, Snyder discloses (Figure 1) a processor; and computer memory coupled with the processor comprising instructions stored thereon that, when executed by the processor, enable the processor to: determine a robotic coordinate system (par. 0008-0009) between a first portion of the robotic system and a subject, wherein the subject is separate from the first portion of the robotic system; identify a fiducial marker at a first known position relative to the robotic coordinate system and relative to the first portion of the robotic system; acquire a fiducial image at an initial time with an imaging system of the fiducial marker; detect acquisition of the fiducial image with the imaging system at the initial time with a detector (par. 0044) that senses a radiation (par. 0032 and 0041) generated by the imaging system; receive a notification from the detector, wherein the notification indicates when the detector senses the radiation generated by the imaging system, thereby enabling the processor to acquire a precise time as to the acquisition of the fiducial image; and send a command to determine or record an initial position of at least one of the first portion of the robotic system or the robotic coordinate system at the initial time.
Regarding claim 24, Snyder discloses (par. 0044) the detector comprises a radiation detector.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792