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 Objections
Claims 4-19 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Geoghegan (WO2019/246525) in view of Hofstetter. Geoghegan discloses in the Figures and specification a transoral robotic surgery (TORS) simulator system (see Figs. 3 & 4C and p. 2, lines. 23-30) comprising: a three-dimensional human head model (p. 16, lines 15-20) comprising an oral cavity (Fig. 3, p. 8, lines 17-19) comprising synthetic material (Fig. 3, p. 9, lines 4-10), wherein the oral cavity comprises a mandible structure (Fig. 3) and a simulated human tongue (Fig. 3, p. 8, lines 19-21), wherein the simulated human tongue comprises a silicone material (p. 9, lines 15-19); at least one artificial tissue attached within the oral cavity wherein the artificial tissue is configured to mimic a biological tissue (see artificial tumor model at p. 8, line 23 to p. 9, line 6).
Geoghegan does not disclose the provision of a marker on or within the artificial tissue (synthetic tumor) as recited. However, this feature is known in the art, as taught for example by Hofstetter at paragraph [0062], and would have been obvious to one of ordinary skill in the art for the purpose of allowing a user to more easily visually distinguish the artificial tissue from the other elements of the simulator system.
With respect to claim 2, Geoghegan discloses at p. 7, lines 21-23 and p. 12, lines 19-23 that the system is configured for use with a robotic surgical system controlled by the user.
With respect to claim 3, Geoghegan discloses at p. 7, line 29 to p. 8, line 2 an embodiment where its model is made via an additive manufacturing process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715 November 20, 2025