DETAILED ACTION
Notice of 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 .
Election/Restrictions
Applicant’s election without traverse of Species 1b (claims 12 and 19) and 2b (claim 15) in the reply filed on 04/06/2026 is acknowledged.
Allowable Subject Matter
Claims 6, 13, 15, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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)(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.
Claim(s) 1-3, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barreto (US 2018/0071032, of record).
Regarding claims 1, 16, and 17, Barreto discloses a method and system for visually indicating a location of a hole to be drilled in tissue ([0152]: “where drill tip should be place (the entry point)”) comprising, at a computing system: receiving at least one endoscopic image that captures a surface of the tissue ([0152]: “arthroscopic video” captures endoscopic images) and at least a portion of a drill guide to be used for drilling the hole in the tissue; identifying in the at least one endoscopic image at least one fiducial marker disposed on the drill guide ([0152]: “drill with a TM such that its position can be related to real time”; “where both WM and TM can be seen” – the bit is considered to be a guide of the drill); determining a position and orientation of the at least one fiducial marker ([0152]: “Tool Marker TM”) and at least one landmark of the tissue ([0152]: “WM”); determining a position and orientation of the hole to be drilled in the tissue based at least in part on the position and orientation of the at least one landmark, pre-operative plan, and fiducial marker ([0152]: “WM”, “TM”; “the surgeon uses a drill with a TM such that its position can be related in real time with the 3D data stored in memory”; “where drill tip should be place (the entry point)”); and displaying a visualization of the tissue that comprises a graphical indication of the position and orientation of the hole to be drilled in the tissue ([0152]: “AR”; “the VR environment shows the drilling direction at each frame time instant such that the surgeon can align it for the exit point to be in the Lateral epicondyle”).
Regarding claim 2, Barreto discloses determining an orientation of the surface of the tissue, wherein the position and orientation of the hole to be drilled in the tissue is determined based on the orientation of the surface of the tissue ([0152]: “WM”, [0152]: “where both WM and TM can be seen”).
Regarding claim 3, Barreto discloses that the graphical indication comprises a graphical representation of an estimated break-through in the surface of the tissue ([0152]; Fig. 5B).
Claim Rejections - 35 USC § 103
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim(s) 4, 5, 7-10, 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barreto (US 2018/0071032, of record).
Regarding claim 4, Barreto does not explicitly disclose that a shape of the estimated break-through in the surface of the tissue is based on the orientation of the hole to be drilled and the orientation of the surface of the tissue. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have a shape of a break-through be consistent with the orientation of the hole being created from the break-through, as to provide a consistent cut in the tissue.
Regarding claim 5, Barreto does not explicitly disclose the graphical representation of the estimated break-through in the surface of the tissue has a diameter that corresponds to a diameter of a drill bit. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have the size of the drill bit accurately depicted in the graphical representation of the cut surface, as to provide a robust and accurate visualization of the cut to be made.
Regarding claim 7, Barreto does not explicitly disclose textual indication of the diameter of the drill bit. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use written language to convey relevant details to a user, as to provide robust information to an operator of the surgical drill.
Regarding claim 8, Barreto discloses a graphical representation of a shaft of the hole to be drilled (Fig. 5B).
Regarding claim 9, while Barreto does not explicitly disclose that the surface of the tissue in the at least one endoscopic image is opposite a surface of the tissue where a drill bit will start drilling the hole to be drilled, Barreto does teach that opposite surfaces of tissue are punctured in a drilling procedure (Fig. 5B). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the relevant surfaces for drilling, as to provide a robust and effective surgical procedure.
Regarding claim 10, Barreto does not explicitly disclose that the visualization comprises an indication of a distance from the hole to be drilled to a landmark of the tissue. However, Barreto teaches presenting an image where a hole to be drilled is visualized alongside anatomy and markers which would provide a visual measure of distance ([0152]: “WM”, “TM”; “the surgeon uses a drill with a TM such that its position can be related in real time with the 3D data stored in memory”; “where drill tip should be place (the entry point)”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the visualization of distance, as to provide robust and accurate information to the operator.
Regarding claims 12 and 19, Barreto does not explicitly disclose that the landmark of the tissue is automatically identified in the at least one endoscopic image. However, Barreto does teach that a marker is identified and tracked in real-time optical sensing ([0007], [0012]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply automatic identification, as to provide low-latency detection and tracking of a landmark.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason Ip whose telephone number is (571) 270-5387. The examiner can normally be reached Monday - Friday 9a-5p PST.
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/JASON M IP/Primary Examiner, Art Unit 3793
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