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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 11/21/2023 and 08/21/2025 have been considered by the Examiner.
Election/Restrictions
Applicant's election with traverse of Group II, Claims 97-99; drawn to a navigation-assisted surgical system in the reply filed on 11/19/2025 is acknowledged. The traversal is on the ground(s) that Group I and Group II are linked by a common inventive concept and share corresponding special technical features that make a contribution over the prior art. Namely, Applicant argues that both groups recite a navigation-assisted surgery system architecture that includes:
receiving a movement signal corresponding to manipulation of a hand-held surgical tool; and
generating, with the navigation controller, an association between the hand-held surgical tool and one of an end effector and a navigation array based on the movement system.
This is not found persuasive because Kang teaches the navigation-assisted surgery system architecture including:
receiving a movement signal corresponding to manipulation of a hand-held surgical tool ([0054-0056]; tool trackers may be coupled to the end effector 36, cutting guide 38, cutting tool 40, and/or the free-hand surgical instrument 42 and calibrated so that the locations of the various elements are known by the navigation system 14); and
generating, with the navigation controller, an association between the hand-held surgical tool and one of an end effector and a navigation array based on the movement system ([0054-0056]; the navigation controller 48 generates image signals that indicate the relative position of the working end of the cutting tool 40 to the tissue removed).
Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claims 85-96 and 100-104 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group I and III, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 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.
(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) 97-99 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al (US 20200323540 A1).
Regarding claim 97, Kang teaches a navigation-assisted system for controlling a hand-held surgical tool (42) to which each of an end effector (40) and a navigation array (18) is coupled, the system comprising:
a sensor (S) configured to detect manipulation of the hand-held surgical tool (42) and generate a movement signal in response to detecting manipulation of the hand-held surgical tool (see Fig. 1, [0049-0050]; optical sensors S are positioned with a field of view of tracking devices 18, [0050-0055]; sensors S receive signals from the trackers 18 to detect position/orientation of trackers, which may be on instrument 42);
a communication module (50) in communication with the sensor (S) and being configured to transmit the movement signal (see [0050]; localizer controller 50 in communication with optical sensors S to receive signals from the optical sensors S and communicate with the navigation controller 48);
a localizer (16) configured to generate an identification signal in response to detecting the navigation array (see [0050-0051]; localizer 16 includes localizer control 50 in communication with optical sensors S to transmit position and orientation signals for the purpose of tracking the objects, [0054]; the position and the working end of the tool 40 are capable of being tracked by virtue of the trackers 18); and
a navigation controller (48) being configured to:
receive the identification signal from the localizer (see [0050-0051]; navigation controller 48 receives signals from localizer 16 via localizer controller 50, Fig. 19, [0120]; step 302 the position and/or orientation of the cutting tool 40 is tracked relative to a virtual object);
receive the movement signal from the communication module (see [0049-0051]; navigation controller 48 receives signals from localizer 16 via localizer controller 50, where the localizer 16 comprises optical sensors S which track the tracking device 18); and
generate and store an association between the hand-held surgical tool and one of the navigation array and the end effector based on the movement signal (see [0056]; navigation controller 48 generates image signals that indicate the relative potion of the working end of the cutting tool 40 and the tissue to be removed, these image signals are applied to the displays 20).
Regarding claim 98, Kang teaches the navigation-assisted system of claim 97, further comprising a user interface (UI, Fig. 2) configured to receive an input indicative of a type of the end effector coupled to the hand-held surgical tool (see [0092]; data regarding a length and/or width of the cutting tool 40 may be input into the memory of the control system, [0110-0111]; the identification of the cutting guide 38 may already be stored in the memory in the navigation controller as a result of being selected by the user on the user interface, it can be appreciated that the controller has a lookup table which associates each cutting tool with an acceptable cutting guide so inputting the identity of the cutting guide is also indicative of the identity of the cutting tool).
Regarding claim 99, Kang teaches the navigation-assisted system of claim 97, further comprising a camera (93) configured to detect a characteristic of the end effector indicative of a type of the end effector coupled to the hand-held surgical tool (see [108]; identification device 87 may comprise a camera 93 employing machine vision technology to detect a shape, size, and/or configuration of the cutting tool 40 by obtaining images and matching the images to a library of stores images to identify the tool 40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISHA J SIRCAR whose telephone number is (571)272-0450. The examiner can normally be reached Monday - Thursday 9-6:30, Friday 9-5:30 CT.
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/A.J.S./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792