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 2-16 are objected to because of the following informalities: the limitations of “A robotic system of claim” in line 1 should read as “The robotic system of claim”. Appropriate correction is required.
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)(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) 1-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lavallee (US 20070219561 A1).
Lavallee discloses a robotic system figs 1-2 capable for being used in distraction of a disc space for implantation of an intervertebral disc prosthesis, the system comprising: a 3D modeling system (para. 12, 69) capable for being used in the following “creating a 3D model of first and second vertebra adjacent the disc space and identifying positions of the first and second vertebrae and generating and storing position data for the positions of the first and second vertebrae”; a robotic distraction system 200, fig. 2 capable to: determine a size (para. 36) of an intervertebral disc prosthesis to be implanted between the first and second vertebrae; and precisely capable to open fig. 2 the disc space just large enough to receive a selected intervertebral disc; and a computing system 30, fig. 1 capable for storing and processing the 3D model and the positions of the first and second vertebrae before and after distraction, further comprising a surgeon interface 32 on the computing system 30 capable to allow the surgeon to select an intervertebral disc prosthesis to be implanted and a desired distraction distance to be achieved or a desired distraction force to be applied by the robotic distraction system, wherein the computing system is capable to be with a maximum distraction force and the robotic distraction system is controlled to not exceed the maximum distraction force, wherein the surgeon interface 32 is capable to allow the surgeon to set the maximum distraction force, wherein the robotic distraction system 200 and the computing system are capable to independently control distraction of anterior and posterior edges of the disc space fig. 2, wherein the 3D modeling system comprises a plurality of radiopaque markers 100, 110 capable to be secured to the first and second vertebrae via at least one of screws, pins, and adhesive, wherein the plurality of radiopaque markers comprises a single radiopaque marker secured to each bones 110, 100, fig. 1, wherein the plurality of radiopaque markers 102, 112 comprises a plurality of radiopaque marker secured to each of the bones, wherein the plurality of radiopaque markers secured to each of the first and second vertebrae comprises a set of three small radiopaque balls 102, 112 arranged in a triangular configuration fig. 1, wherein the 3D modeling system comprises a plurality of infrared reflected fiducials secured to the bone via at least one of screws, pins 104, fig. 1, wherein the robotic distraction system comprises hydraulically (para. 52, 99) operated telescoping distractors which are supplied with a fluid through at least one tube 460, (para. 53, 58,60), wherein the 3D modeling system or the robotic distraction system is capable to track the location of the first and second vertebrae during distraction, wherein the 3D modeling system is capable to update the 3D model of the first and second vertebrae during distraction, wherein the 3D modeling system is capable continuously verify the positions of the first and second vertebrae during distraction, wherein the robotic distraction system is capable to insert distractor pins into the first and second vertebrae, wherein the robotic distraction system is capable to distract two lateral sides of the disc space independently fig. 2.
Conclusion
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775