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 Group I (claims 1-7) in the reply filed on 03/04/2026 is acknowledged.
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.
(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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sela (US 2017/0265943).
Regarding claim 1, Sela discloses a surgical registration probe including: a marker shaft with at least one marker or fiducial; and a probe shaft having at least three sections that are bent at a defined angle with respect to each other (Figs. 6E-6G show at least three bends along the supporting structure of the markers).
Regarding claim 2, Sela discloses that the marker shaft includes four markers or fiducials (Figs. 6E-6G show four markers/fiducials).
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 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sela (US 2017/0265943).
Regarding claim 4, while Sela does not explicitly disclose that the end of the probe shaft includes a spherical ball for placement against a patient’s skin, Sela does teach spherical balls at the end of a tracking device that may come into contact with a patient’s skin (Figs. 6E-6G).
Regarding claim 5, while Sela does not explicitly disclose angle values in the range of 20-120 degrees for each bend in the probe shaft, Sela does teach in Fig. 6G that the bends in the probe shaft are approximately belong in that range:
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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 angle bends of Sela, as to provide a way to properly position markers with respect to a probe shaft.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sela (US 2017/0265943), as applied to claim 1 above, in view of Ohlhues (US 2013/0093866).
Regarding claim 3, Sela does not explicitly disclose a mirror connected to at least one section of the probe shaft and positioned to reflect an end of the probe shaft. However, Sela teaches an instrument access port ([0093]: “access port 680”) and Ohlhues teaches providing a mirror at a distal end of an instrument to enhance visibility ([0032]). 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 mirror of Ohlhues to the access port of Sela, as to provide enhanced and robust visualization at a distal end of a tracking marker.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sela (US 2017/0265943), as applied to claim 1 above, in view of Jutras (US 2006/0015018).
Regarding claims 6 and 7, Sela does not explicitly disclose that the surgical registration probe is reusable after sterilization using autoclave. However, Jutras teaches autoclaving a registration probe device ([0036]). 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 sterilization of Jutras to the device of Sela, as to provide a sterilized device.
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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