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 .
Response to Amendment
The amendments made to claims 1, 6, 15-17, 22, and 25 in the response filed on 9/12/2025 are acknowledged. Claims 1, 4-9, 11-17, 20-23, and 25 are still pending in the application and are examined below.
Response to Arguments
Applicant's arguments, see page 9, filed 9/12/2025, with respect to the rejection of claims 1-16, 22, and 25 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see pages 10-13, filed 9/12/2025, with respect to the rejection(s) of claims 1-2, 4-7, 9, 11-18, 20, 21-23, and 25 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Gullotti et al. (WO 2019010203 A1) in view Woerlein (WO 2011038759 A1). Please see arguments below of how Gullotti et al. and Woerlein still applies in the new rejection.
Applicant argues “The applicant respectfully submits that the claims as amended by this response are not anticipated by or obvious over Gullotti, Woerlein, or any combination of these or other cited references”; however, Examiner respectfully disagrees. In figure 9 of Gullotti et al. discloses multiple magnets (924 – figure 9B) that are radially offset from the geometric center of the first (930 – figure 9A/figure 9B, bottom surface fiducial: paragraph 00272) and second body (905 – figure 9A, a top surface fiducial [over-the-drape]: paragraph 00272). The term “geometric center” is also known as a centroid (as evidenced in Location IQ). “A centroid is a weighted average like the center of gravity, but weighted with a geometric property like area or volume, and not a physical property like weight or mass. This means that centroids are properties of pure shapes, not physical objects. They represent the coordinates of the ‘middle’ of the shape. Volume is for 3D shapes while area is used for 2D shapes” (as evidenced in Engineering Statics). Based on the definition above, the first body (930) and second body (905) are a 3D shape that resembles an arrow, which inherently means that both the first body (930) and second body (950) has a geometric center that can be calculated. It was also mentioned that in Gullotti et al. that the location/size/geometry of the cutouts for the magnets can vary (paragraph 00274); therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify the location of the magnets to be positioned radially offset from the geometric center of the first and second connector body to allow the first connector body and second connector body to connect to each other in close approximation while sandwiching the drape to avoid tenting of the drape (Gullotti et al., paragraph 00274), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality on the position of the magnets, indicating simply that the magnets are positioned approximately at a geometric center of the first and second connector body (written specification: paragraph 0047).
Applicant argues “Woerlein does not teach or suggest the claimed magnets that are radially offset from the geometric center of the markers and cannot provide for the required rotational alignment”; however, Examiner respectfully disagrees. Woerlein was not used to teach wherein the first connector body is rotationally aligned with the second connector body by the first set of magnets magnetically coupling to the second set of magnets. Gullotti et al. discloses the first set of magnets magnetically coupling to the second set of magnets, but fails to teach the polarity limitation. Therefore, Woerlein was used to teach that limitation. In addition, Gullotti et al. discloses how the first connector body (930) is connected to the second connector body (905) via the magnets (924); when a single magnet (924) of the first connector body (930) attaches to a single magnet (924) of the second connector body (905), the first connector body [930] is capable of rotationally aligning with the second connector body (905), which will lead to the other magnets of the first (930) and second connector body (905) to also attract and attach to each other (paragraph 00274). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant's arguments, see pages 10-13, filed 9/12/2025, with respect to the rejection of claims 3, 8, 10, 19, and 24 under 35 U.S.C. 103 have been fully considered but are not persuasive. Please see argument above.
Claim Objections
Claim 1 objected to because of the following informalities: “a first magnet radially offset from the first body geometric center” should be “a first magnet radially offset from the first connector body geometric center” in line 10. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “a second magnet radially offset from the first body geometric center” should be “a second magnet radially offset from the first connector body geometric center” in line 12. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “a third magnet radially offset from the second body geometric center” should be “a third radially offset from the second connector body geometric center” in line 18. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “a fourth magnet radially offset from the geometric center” should be “a fourth magnet radially offset from the second connector body geometric center” in line 20. Appropriate correction is required.
Claim 16 objected to because of the following informalities: “a first magnet radially offset from the first body geometric center” should be “a first magnet radially offset from the first connector body geometric center” in line 14. Appropriate correction is required.
Claim 16 objected to because of the following informalities: “a second magnet radially offset from the first body geometric center” should be “a second magnet radially offset from the first connector body geometric center” in line 16. Appropriate correction is required.
Claim 16 objected to because of the following informalities: “a third magnet radially offset from the second body geometric center” should be “a third radially offset from the second connector body geometric center” in line 22. Appropriate correction is required.
Claim 16 objected to because of the following informalities: “a fourth magnet radially offset from the geometric center” should be “a fourth magnet radially offset from the second connector body geometric center” in line 24. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a first magnet radially offset from the first body geometric center” should be “a first magnet radially offset from the first connector body geometric center” in line 6. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a second magnet radially offset from the first body geometric center” should be “a second magnet radially offset from the first connector body geometric center” in line 8. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a third magnet radially offset from the second body geometric center” should be “a third radially offset from the second connector body geometric center” in line 17. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a fourth magnet radially offset from the geometric center” should be “a fourth magnet radially offset from the second connector body geometric center” in line 19. Appropriate correction is required.
Claim 25 objected to because of the following informalities: “a first magnet radially offset from the first body geometric center” should be “a first magnet radially offset from the first connector body geometric center” in line 12. Appropriate correction is required.
Claim 25 objected to because of the following informalities: “a second magnet radially offset from the first body geometric center” should be “a second magnet radially offset from the first connector body geometric center” in line 14. Appropriate correction is required.
Claim 25 objected to because of the following informalities: “a third magnet radially offset from the second body geometric center” should be “a third radially offset from the second connector body geometric center” in line 20. Appropriate correction is required.
Claim 25 objected to because of the following informalities: “a fourth magnet radially offset from the geometric center” should be “a fourth magnet radially offset from the second connector body geometric center” in line 22. Appropriate correction is required.
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, 4, 6-9, 11-17, 20, 22-23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Gullotti et al. (WO 2019010203 A1) in view Woerlein (WO 2011038759 A1).
Regarding claim 1, Gullotti et al. discloses a drape system (figure 9A/figure 9B, a skin-surface fiducial that couples to the skin and accommodates surgical drapes or towels: paragraph 00272-00274) comprising: a drape (605 – figure 6A, a surgical drape: paragraph 00268/00272) configured to be placed over at least a portion of a patient undergoing a medical procedure (figure 6A, the drape [605] is placed over a portion of a patient: paragraph 00268/00272), the drape (605) having a first side (A – see annotated figure 1, the first side of the drape) configured to face the patient (see annotated figure 1, the first side of the drape [A] faces the patient) and a second side (B – see annotated figure 1, the second side of the drape) opposite the first side (A) (see annotated figure 1, the second side of the drape [B] is oppose of the first side of the drape [A]); and a connector (900 – figure 9A/figure 9B, a fiducial: paragraph 00272-00274) configured to connect to a patient tracking device (1000 – figure 10A, a 3D-trackable probe: paragraph 00278) across the drape (605) (figure 4H/figure 6A/figure 9A/figure 10A, the connector [900] can be equipped with other components such as the patient tracking device [1000]: paragraph 00263/00276/00278), the connector (900) comprising: a first connector body (930 – figure 9A/figure 9B, bottom surface fiducial: paragraph 00272) configured to couple to a base of the patient tracking device (1040 – figure 10A, protrusions of the patient tracking device: paragraph 00279), the first connector body (930) comprising a geometric center of the first connector body (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) and a first set of magnets (924 - figure 9B, cutouts of the first connector body [930] to accommodate magnets: paragraph 00274) comprising: a first magnet (924) and a second magnet (924); and a second connector body (905 – figure 9A, a top surface fiducial [over-the-drape]: paragraph 00272) configured to couple to a head of the patient tracking device (1005/1020 – figure 10A, a mount [1005] and a rigidly attached trackable DRF [1020]: paragraph 00278-00279) (figure 4H/figure 9A/figure 10A, the second connector body [905] couples to the head of the patient tracking device [1005/1020] via the spring-loaded shaft [1010]: paragraph 00263/00272/00279), the second connector body (905) comprising a geometric center of the second body (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) and a second set of magnets (924 – figure 9B, cutouts of the second connector body [905] to accommodate magnets: paragraph 00274) comprising: a third magnet (924) and a fourth magnet (924); wherein the base of the patient tracking device (1040) is configured to be attached to a patient (figure 4H/figure 9A/figure 10A, the base of the patient tracking device [1040] is attached to the patient via the connector [900]) and the head of the patient tracking device (1005/1020) carries at least one tracking marker (1025a-1025d/1030 – figure 10A, the head of the patient tracking device [1005/1020] comprises a actuated markers [1030] and fixed markers [1025a-1025d]: paragraph 00278) configured to be tracked by a surgical position recognition system (the tracking markers [1025a-1025d/1030] allows for analog communication between the patient tracking device [1000] and an acquisition system: paragraph 00278), wherein the first connector body (930) is configured to connect to the second connector body (905) with the drape (605) positioned between the first connector body (930) and the second connector body (905) (figure 6A/figure 9A, the drape [605] goes between the first [930] and second connector body [905]: paragraph 00272), and wherein the first connector body (930) is configured to connect to the second connector body (905) such that the first connector body (930) is rotationally aligned with the second connector body (905) by the first set of magnets (924) magnetically coupling to the second set of magnets (924) (figure 9A, the first connector body [930] is connected to the second connector body [905] via the magnets [924]; when a single magnet [924] of the first connector body [930] attaches to a single magnet [924] of the second connector body [905], it is capable of rotationally aligning the first connector body [930] with the second connector body [905], which will lead to the other magnets of the first [930] and second connector body [905] to also attach to each other: paragraph 00274).
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Annotated Figure 1: drape over a portion of the patient
However, Gullotti et al. fails to explicitly disclose a first magnet radially offset from the first body geometric center and having a first polarity, and a second magnet radially offset from the first body geometric center and having a second polarity different from the first polarity, the second magnet being spaced apart from the first magnet; a third magnet radially offset from the second body geometric center and having a third polarity, and a fourth magnet radially offset from the geometric center and having a fourth polarity different from the third polarity, the fourth magnet being spaced apart from the third magnet.
Gullotti et al. teaches a first magnet (924) radially offset from the first body geometric center (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the first magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), and a second magnet (924) radially offset from the first body geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the second magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), the second magnet (924) being spaced apart from the first magnet (924) (figure 9B, the second magnet [924] is spaced from the first magnet [924]); a third magnet (924) radially offset from the second body geometric center (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the third magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), and a fourth magnet (924) radially offset from the geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the fourth magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), the fourth magnet (924) being spaced apart from the third magnet (924) (figure 9B, the fourth magnet [924] is spaced from the third magnet [924]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to change the location of the first, second, third, and fourth magnets to be radially offset from the first and second geometric center and to be spaced a part from each other while sandwiching the drape to avoid tenting of the drape (Gullotti et al., paragraph 00274), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality on the position of the magnets, indicating simply that the magnets can be offset from the geometric centers of the connector bodies (written specification: paragraph 0047).
However, Gullotti et al. fails to disclose a first magnet having a first polarity, and a second magnet having a second polarity different from the first polarity; a third magnet having a third polarity, and a fourth magnet having a fourth polarity different from the third polarity.
Woerlein teaches an analogous first magnet (4C – figure 5, inner circle magnet: page 9) having a first polarity (first magnet [4C] exhibits magnetic south: page 9), and an analogous second magnet (4D – figure 5, outer ring magnet: page 9) having a second polarity (the second magnet [4D] exhibits magnetic north: page 9) different from the first polarity (figure 5, the first [4C] and second magnets [4D] have different polarities from each other: page 9); an analogous third magnet (6C – figure 5, an inner circle magnet: page 9) having a third polarity (the third magnet [6C] exhibits magnetic north: page 9), and an analogous fourth magnet (6D – figure 5, an outer ring magnet: page 9) having a fourth polarity (the fourth magnet [6D] exhibits magnetic south: page 9) different from the third polarity (figure 5, the third [6C] and fourth magnets [6D] have different polarities from each other: page 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second magnets of Gullotti et al. with a different polarity from each other as taught by Woerlein in order to provide a drape system that has an improved set of magnets to ensure reliable alignment of the first and second connector body via magnetic forces (Woerlein, page 9).
Furthermore. it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third and fourth magnets of Gullotti et al. with a different polarity from each other as taught by Woerlein in order to provide a drape system that has an improved set of magnets to ensure reliable alignment of the first and second connector body via magnetic forces (Woerlein, page 9).
Regarding claim 4, Gullotti et al. in view Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the first connector body (930) has a face (E – see annotated figure 2, face of the first connector body) configured to contact the first side of the drape (A) (see annotated figure 1/figure 9A/figure 9B, the drape goes in between the first connector body [930] and second connector body [905, over-the-drape]; therefore, the first connector’s face [E] contacts the first side of the drape [A]: paragraph 00268/00274); the second connector body (905) has a face (F – see annotated figure 2, face of the second connector body) configured to contact the second side of the drape (B) (see annotated figure 1/figure 9A/figure 9B, the drape [605] goes in between the first connector body [930] and second connector body [905, over-the-drape]; therefore, the second connector’s face [F] contacts the second side of the drape [B]: paragraph 00268/00274); and the face of the first connector body (E) has a complementary shape to the face of the second connector body (F) (see annotated figure 2, the faces’ shapes are complementary to each other via the protrusions, recesses, and magnets).
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Annotated figure 2: connector of Gullotti et al.
Regarding claim 6, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 4. Gullotti et al. further discloses wherein the face of the first connector body (E) and the face of the second connector body (F) are each non-planar such that, when the drape (605) is positioned between the first connector body (930) and the second connector body (905) (the drape [605] goes in between the first connector body [930] and second connector body [905]: paragraph 00268/00272-00274), a portion of drape is bent in different planes extending across the connector (900) (the face of the first connector body [E] and the face of the second connector [F] are each non-planar since the face of the first connector body [E] has a sloped decline [920]; therefore, the drape [605] would be bent in different planes when the drape [605] is placed between the first [930] and second connector body [905]: paragraph 00272-00274).
Regarding claim 7, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 6. Gullotti et al. further discloses wherein the face of the first connector body (E) includes one or more projections and/or recesses (922/940 – figure 9B, protrusions: paragraph 00274) (figure 9B, the face of the first connector body [E] comprises one or more projections [922/940]); and the face of the second connector body (F) includes one or more complementary recesses and/or projections (908 – figure 9B, female alignment-aiding cutouts: paragraph 00274) configured to fit into the one or more projections and/or recesses defined on the face of the first connector body (E) (figure 9B, the recesses [908] of the face of the second connector body [F] mates with the projections [922/940] of the face of the first connector body [E]: paragraph 00274).
Regarding claim 8, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 7. Gullotti et al. further discloses wherein the face of the first connector body (E) includes a plurality of alternating projections and recesses (922/924/940 – figure 9B, the first connector body comprises a plurality of alternating protrusions [922/940] and recesses [924]: paragraph 00274).
However, Gullotti et al. fails to explicitly disclose that the face of the second connector body includes a plurality of complementary recesses and projections configured to fit into the alternating projections and recesses of the first connector body.
Gullotti et al. teaches the face of the second connector body (F) includes a plurality of complementary recesses and projections configured to fit into the alternating projections and recesses of the first connector body (930) (the location/size/geometry of the cutouts that accommodates magnets [924], recesses [908], and protrusions [922/940] can vary throughout the first [930] and second connector body [905]; there can be alternating recesses [908] and projections [922/940] on both the face of the first connector [E] and second connector [F] that compliments each other to secure the first [930] and second connector body [905]: paragraph 00274).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to change the location of the recesses and projections to be positioned on the face of the second connector body that are configured to fit into the alternating projections and recesses of the face of the first connector body to allow the first connector body and second connector body to connect to each other in close approximation while sandwiching the drape to avoid tenting of the drape (Gullotti et al., paragraph 00274), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality on the position of the recesses and projections, indicating simply that the face of the first and second connector body “may” include one or more recesses and projections (written specification: paragraph 0046).
Regarding claim 9, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the first connector body (930) is configured to connect to the second connector body (905) with the first connector body (930) being rotationally fixed relative to the second connector body (905) (the first connector body [930] can be rotationally fixed relative to the second connector body [905] via protrusions with quarter-turn or twisting mechanism that allows for tight mechanical linking across surgical drapes: paragraph 00274).
Regarding claim 11, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the head of the patient tracking device (1005/1020) comprises a shaft (1010 – figure 10A, a shaft: paragraph 00279), and the distal end of the head is defined by a distal end of the shaft (G – see annotated figure 3, distal end of the shaft).
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Annotated Figure 3: patient tracking device of Gullotti et al.
Regarding claim 12, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the head of the patient tracking device (1005/1020) comprises a tracking array carrying a plurality of tracking markers (1025a-1025d/1030 – figure 10A, the head of the patient tracking device [1005/1020] comprises actuated markers [1030] and fixed markers [1025a-1025d]: paragraph 00278).
Regarding claim 13, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the base of the patient tracking device (1040) comprises a shaft (1010 – figure 10A, a shaft: paragraph 00279), and the proximal end of the base is defined by a proximal end of the shaft (H – see annotated figure 3, proximal end of the shaft).
Regarding claim 14, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the surgical position recognition system comprises an optical surgical position recognition system (figure 5A-5C, the surgical position recognition system comprises an optical tracking system that can be utilized for 3D-tracking acquisition system: paragraph 00265/00276/00278).
Regarding claim 15, Gullotti et al. in view of Woerlein discloses the invention as discussed in claim 1. Gullotti et al. further discloses wherein the drape material defines a continuous sheet of material devoid of any apertures in a region between the first connector body and the second connector body (figure 6A/figure 6D/figure 9A, the drape [605] has no apertures in the region between the first connector body [930] and second connector body [905]).
Regarding claim 16, Gullotti et al. discloses a drape system (figure 9A/figure 9B, a skin-surface fiducial that couples to the skin and accommodates surgical drapes or towels: paragraph 00272-00274) comprising: a drape (605 – figure 6A, a surgical drape: paragraph 00268/00272) configured to be placed over at least a portion of a patient undergoing a medical procedure (figure 6A, the drape [605] is placed over a portion of a patient: paragraph 00268/00272), the drape (605) having a first side (A – see annotated figure 1, the first side of the drape) configured to face the patient (see annotated figure 1, the first side of the drape [A] faces the patient) and a second side (B – see annotated figure 1, the second side of the drape) opposite the first side (A) (see annotated figure 1, the second side of the drape [B] is oppose of the first side of the drape [A]); a patient tracking device (1000 – figure 10A, a 3D-trackable probe: paragraph 00278) comprising a base (1040 – figure 10A, protrusions of the patient tracking device: paragraph 00279) configured to be attached to a patient (figure 4H/figure 9A/figure 10A, the base of the patient tracking device [1040] is attached to the patient via the connector [900]) and a head (1005/1020 – figure 10A, a mount [1005] and a rigidly attached trackable DRF [1020]: paragraph 00278-00279) carrying at least one tracking marker (1025a-1025d/1030 – figure 10A, the head of the patient tracking device [1005/1020] comprises a actuated markers [1030] and fixed markers [1025a-1025d]: paragraph 00278) configured to be tracked by a surgical position recognition system (the tracking markers [1025a-1025d/1030] allows for analog communication between the patient tracking device [1000] and an acquisition system: paragraph 00278), wherein the base of the patient tracking device (1040) has a proximal end (I – see annotated figure 4, proximal end of the base of the patient tracking device) and the head of the patient tracking device (1005/1020) has a distal end (J – see annotated figure 4, distal end of the head of the patient tracking device); and a connector (900 – figure 9A/figure 9B, a fiducial: paragraph 00272-00274) configured to connect the patient tracking device (1000) across the drape (605) (figure 4H/figure 6A/figure 9A/figure 10A, the connector [900] can be equipped with other components such as the patient tracking device [1000]: paragraph 00263/00276/00278), the connector (900) comprising: a first connector body (930 – figure 9A/figure 9B, bottom surface fiducial: paragraph 00272) configured to couple to the proximal end of the base of the patient tracking device (I) (see annotated figure 4/figure 4H/figure 9A/figure 10A, the first connector body [930] couples to the proximal end of the base of the patient tracking device [I] via the second connector body [905]: paragraph 00263/00272), the first connector body (930) comprising a geometric center of the first connector body (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) and a first set of magnets (924 - figure 9B, cutouts of the first connector body [930] to accommodate magnets: paragraph 00274) comprising: a first magnet (924) and a second magnet (924); and a second connector body (905 – figure 9A, a top surface fiducial [over-the-drape]: paragraph 00272) configured to couple to the distal end of the head of the patient tracking device (J) (see annotated figure 4/figure 4H/figure 9A/figure 10A, the second connector body [905] couples to distal end of the head of the patient tracking device [J] via the spring-loaded shaft [1010]: paragraph 00263/00272/00279), the second connector body (905) comprising a geometric center of the second body (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) and a second set of magnets (924 – figure 9B, cutouts of the second connector body [905] to accommodate magnets: paragraph 00274) comprising: a third magnet (924) and a fourth magnet (924); wherein the first connector body (930) is configured to connect to the second connector body (905) with the drape (605) positioned between the first connector body (930) and the second connector body (905) (figure 6A/figure 9A, the drape [605] goes between the first [930] and second connector body [905]: paragraph 00272), and wherein the first connector body (930) is configured to connect to the second connector body (905) such that the first connector body (930) is rotationally aligned with the second connector body (905) by the first set of magnets (924) magnetically coupling to the second set of magnets (924) (figure 9A, the first connector body [930] is connected to the second connector body [905] via the magnets [924]; when a single magnet [924] of the first connector body [930] attaches to a single magnet [924] of the second connector body [905], it is capable of rotationally aligning the first connector body [930] with the second connector body [905], which will lead to the other magnets of the first [930] and second connector body [905] to also attach to each other: paragraph 00274).
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Annotated figure 4: patient tracking device of Gullotti et al.
However, Gullotti et al. fails to explicitly disclose a first magnet radially offset from the first body geometric center and having a first polarity, and a second magnet radially offset from the first body geometric center and having a second polarity different from the first polarity, the second magnet being spaced apart from the first magnet; a third magnet radially offset from the second body geometric center and having a third polarity, and a fourth magnet radially offset from the geometric center and having a fourth polarity different from the third polarity, the fourth magnet being spaced apart from the third magnet.
Gullotti et al. teaches a first magnet (924) radially offset from the first body geometric center (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the first magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), and a second magnet (924) radially offset from the first body geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the second magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), the second magnet (924) being spaced apart from the first magnet (924) (figure 9B, the second magnet [924] is spaced from the first magnet [924]); a third magnet (924) radially offset from the second body geometric center (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the third magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), and a fourth magnet (924) radially offset from the geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the fourth magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), the fourth magnet (924) being spaced apart from the third magnet (924) (figure 9B, the fourth magnet [924] is spaced from the third magnet [924]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to change the location of the first, second, third, and fourth magnets to be radially offset from the first and second geometric center and to be spaced a part from each other while sandwiching the drape to avoid tenting of the drape (Gullotti et al., paragraph 00274), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality on the position of the magnets, indicating simply that the magnets can be offset from the geometric centers of the connector bodies (written specification: paragraph 0047).
However, Gullotti et al. fails to disclose a first magnet having a first polarity, and a second magnet having a second polarity different from the first polarity; a third magnet having a third polarity, and a fourth magnet having a fourth polarity different from the third polarity.
Woerlein teaches an analogous first magnet (4C – figure 5, inner circle magnet: page 9) having a first polarity (first magnet [4C] exhibits magnetic south: page 9) and an analogous second magnet (4D – figure 5, outer ring magnet: page 9) having a second polarity (the second magnet [4D] exhibits magnetic north: page 9) different from the first polarity (figure 5, the first [4C] and second magnets [4D] have different polarities from each other: page 9); an analogous third magnet (6C – figure 5, an inner circle magnet: page 9) having a third polarity (the third magnet [6C] exhibits magnetic north: page 9) and an analogous fourth magnet (6D – figure 5, an outer ring magnet: page 9) having a fourth polarity (the fourth magnet [6D] exhibits magnetic south: page 9) different from the third polarity (figure 5, the third [6C] and fourth magnets [6D] have different polarities from each other: page 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second magnets of Gullotti et al. with a different polarity from each other as taught by Woerlein in order to provide a drape system that has an improved set of magnets to ensure reliable alignment of the first and second connector body via magnetic forces (Woerlein, page 9).
Furthermore. it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third and fourth magnets of Gullotti et al. with a different polarity from each other as taught by Woerlein in order to provide a drape system that has an improved set of magnets to ensure reliable alignment of the first and second connector body via magnetic forces (Woerlein, page 9).
Regarding claim 17, Gullotti et al. discloses a connector (900 – figure 9A/figure 9B, a fiducial: paragraph 00272-00274) for connecting a tracking device (1040 – figure 10A, protrusions of the patient tracking device: paragraph 00279) across a drape (605 – figure 6A, a surgical drape: paragraph 00268/00272), the connector (900) comprising: a first connector body (930 – figure 9A/figure 9B, bottom surface fiducial: paragraph 00272) configured to couple to a base of a patient tracking device (1040 – figure 10A, protrusions of the patient tracking device: paragraph 00279) (figure 4H/figure 9A/figure 10A, the first connector body [930] couples to a base of the patient tracking device [1040] via the second connector body [905]: paragraph 00263/00272), the first connector body (930) comprising a geometric center of the first connector body (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) and a first set of magnets (924 - figure 9B, cutouts of the first connector body [930] to accommodate magnets: paragraph 00274) comprising: a first magnet (924) and a second magnet (924), wherein the base of the patient tracking device (1040) being configured to be attached to a patient (figure 4H/figure 9A/figure 10A, the base of the patient tracking device [1040] is attached to the patient via the connector [900]), and the first connector body (930) defining a face (E – see annotated figure 2, face of the first connector body) configured to contact a first side of a drape (A – see annotated figure 1, the first side of the drape) (see annotated figure 1/figure 9A/figure 9B, the drape [605] goes in between the first connector body [930] and second connector body [905, over-the-drape]; therefore, the first connector’s face [E] contacts the first side of the drape [A]: paragraph 00268/00274) for covering the patient (figure 6A, the drape [605] is placed over a portion of a patient: paragraph 00268/00272) (see annotated figure 1/figure 9A/figure 9B, the drape [605] goes in between the first connector body [930] and second connector body [905, over-the-drape]; therefore, the first connector’s face [E] contacts the first side of the drape [A]: paragraph 00268/00274); and a second connector body (905 – figure 9A, a top surface fiducial [over-the-drape]: paragraph 00272) configured to couple to a head of the patient tracking device (1005/1020 – figure 10A, a mount [1005] and a rigidly attached trackable DRF [1020]: paragraph 00278-00279) (figure 4H/figure 9A/figure 10A, the second connector body [905] couples to the head of the patient tracking device [1005/1020] via the spring-loaded shaft [1010]: paragraph 00263/00272/00279), the second connector body (905) comprising a geometric center of the second body (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) and a second set of magnets (924 – figure 9B, cutouts of the second connector body [905] to accommodate magnets: paragraph 00274) comprising: a third magnet (924) and a fourth magnet (924); wherein the head of the patient tracking device (1005/1020) carrying at least one tracking marker (1025a-1025d/1030 – figure 10A, the head of the patient tracking device [1005/1020] comprises a actuated markers [1030] and fixed markers [1025a-1025d]: paragraph 00278), the second connector body (905) defining a face (F – see annotated figure 2, face of the second connector body) configured to contact a second side of a drape (B – see annotated figure 1, the second side of the drape) (see annotated figure 1/figure 9A/figure 9B, the drape [605] goes in between the first connector body [930] and second connector body [905, over-the-drape]; therefore, the second connector’s face [F] contacts the second side of the drape [B]: paragraph 00268/00274), wherein the face of the first connector body (E) is configured to connect to the face of the second connector body (F) with the drape (605) positioned between the first connector body (930) and the second connector body (905) (figure 6A/figure 9A, the drape [605] goes between the first [930] and second connector body [905] when the first [930] and second connector body [905] are connected: paragraph 00272), and wherein the first connector body (930) is configured to connect to the second connector body (905) such that the first connector body (930) is rotationally aligned with the second connector body (905) by the first set of magnets (924) magnetically coupling to the second set of magnets (924) (figure 9A, the first connector body [930] is connected to the second connector body [905] via the magnets [924]; when a single magnet [924] of the first connector body [930] attaches to a single magnet [924] of the second connector body [905], it is capable of rotationally aligning the first connector body [930] with the second connector body [905], which will lead to the other magnets of the first [930] and second connector body [905] to also attach to each other: paragraph 00274).
However, Gullotti et al. fails to explicitly disclose a first magnet radially offset from the first body geometric center and having a first polarity, and a second magnet radially offset from the first body geometric center and having a second polarity different from the first polarity, the second magnet being spaced apart from the first magnet; a third magnet radially offset from the second body geometric center and having a third polarity, and a fourth magnet radially offset from the geometric center and having a fourth polarity different from the third polarity, the fourth magnet being spaced apart from the third magnet.
Gullotti et al. teaches a first magnet (924) radially offset from the first body geometric center (the first connector body (930) is a 3D shape that resembles an arrow, which inherently means that the first body (930) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the first magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), and a second magnet (924) radially offset from the first body geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the first connector body [930]; therefore, the second magnet [924] can be placed radially offset from the first body geometric center: paragraph 00274), the second magnet (924) being spaced apart from the first magnet (924) (figure 9B, the second magnet [924] is spaced from the first magnet [924]); a third magnet (924) radially offset from the second body geometric center (the second connector body (905) is a 3D shape that resembles an arrow, which inherently means that the second body (950) has a geometric center that can be calculated) (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the third magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), and a fourth magnet (924) radially offset from the geometric center (the location/size/geometry of the cutouts that accommodates magnets [924] can vary throughout the second connector body [930]; therefore, the fourth magnet [924] can be placed radially offset from the second body geometric center: paragraph 00274), the fourth magnet (924) being spaced apart from the third magnet (924) (figure 9B, the fourth magnet [924] is spaced from the third magnet [924]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to change the location of the first, second, third, and fourth magnets to be radially offset from the first and second geometric center and to be spaced a part from each other while sandwiching the drape to avoid tenting of the drape (Gullotti et al., paragraph 00274), since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, applicant places no criticality on the position of the magnets, indicating simply that the magnets can be offset from the geometric centers of the connector bodies (written specification: paragraph 0047).
However, Gullotti et al. fails to disclose a first magnet having a first polarity, and a second magnet having a second polarity different from the first polarity; a third magnet having a third polarity, and a fourth magnet having a fourth polarity different from the third polarity.
Woerlein teaches an analogous first magnet (4C – figure 5, inner circle magnet: page 9) having a first polarity (first magnet [4C] exhibits magnetic south: page 9) and an analogous second magnet (4D – figure 5, outer ring magnet: page 9) having a second polarity (the second magnet [4D] exhibits magnetic north: page 9) different from the first polarity (figure 5, the first [4C] and second magnets [4D] have different polarities from each other: page 9); an analogous third magnet (6C – figure 5, an inner circle magnet: page 9) having a third polarity (the third magnet [6C] exhibits magnetic north: page 9) and an analogous fourth magnet (6D – figure 5, an outer ring magnet: page 9) having a fourth polarity (the fourth magnet [6D] exhibits magnetic south: page 9) different from the third polarity (figure 5, the third [6C] and fourth magnets [6D] have different polarities from each other: page 9).
It would have been prima facie obvious to one of ordinary skill in the ar