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 .
Restriction
Newly submitted claims 22-33 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The originally presented claim 2, is directed to a surgical system, where,
the at least one processor is configured to: identify the first 3D position by providing, to a trained machine learning model, at least one first image among the 2D images corresponding to the first input signal; and
identify the second 3D position by providing, to the trained machine learning model, at least one second image among the 2D images corresponding to the second input signal.
Claim 22 is directed to, a surgical system, where,
the at least one processor is configured to: identify the first 3D position by providing, to a trained machine learning model, at least one first image among the 2D images corresponding to the first input signal, the at least one first image depicting the tool at the first 3D position; and
identify the second 3D position by providing, to the trained machine learning model, at least one second image among the 2D images corresponding to the second input signal, the at least one second image depicting the tool at the second 3D position.
In claim 2, the training model is based on the images of the operative field.
In claim 22, the training model is based on the at least image depicting the tool. Accordingly, the training model for these two claims are different which makes that claims distinct.
Since applicant has received an action on the merits for the originally presented claims 2, 4, 15-16, 18-21, these claims have been constructively elected by original presentation for prosecution on the merits. Accordingly, newly presented claims 22-33 are withdrawn from consideration as being non-elected claims because claims 2, 4, 15-16, 18-21 are already examined. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Allowable Subject Matter
Claims 2, 4, 15-16, 18-21, include allowable subject matter.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
See pages 13-14 of the Office Action dated 12/22/2025.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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 SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
04/24/2026
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