Detailed Notice
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 .
Status of Claims
Claims 21-40 are currently pending.
Claims 1-20 are canceled.
Claims 21-40 are rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 23-28, 30-31, 33-37, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-6, 8, and 20 of U.S. Patent No. 11,158,415 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21, 23-28, 30-31, 33-37, and 40 of Application No. 18/589,719 are similar to the claims 1-2, 4-6, 8, and 20 or U.S. Patent No. 11,158,415 B2 as shown in the graph below:
Application No. 18/589,719
U.S. Patent No. 11,158,415 B2
21. (New) A computer-implemented method for optimizing a future surgical preoperative plan, the method comprising:
determining a preoperative plan for a procedure to be performed on a patient;
generating a virtual model representing an application of the preoperative plan on an anatomy of the patient;
receiving one or more changes to the preoperative plan;
generating, based on the one or more changes to the preoperative plan, an updated virtual model;
and storing the updated virtual model for use in a future operative plan.
1. A computer-implemented method for optimizing a future surgical preoperative plan, said method comprising:
providing, via a server, an electronic initial preoperative plan for a robotic surgical procedure, wherein the surgical procedure includes cutting tissue for receiving an implant and/or prosthesis with the assistance of a surgical robot;
receiving at the server or the electronic access device, prior to the surgical procedure, information regarding the initial preoperative plan from the surgical robot including information related to a prior movement of a robotic arm to assist in preparing a bone for implant and/or prosthesis insertion;
executing an algorithm, via the server, to create a secondary preoperative plan incorporating the information from the surgical robot;
executing the secondary preoperative plan including 1) moving a robotic arm of the surgical robot to cut, ablate, bur, or move a patient's anatomy; and/or 2) moving a robotic arm of the surgical robot to move the implant or prosthesis;
storing in the server and/or the electronic access device the information from the surgical robot for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient;
receiving at the server and/or the electronic access device, during the surgical procedure for the individual patient and via the surgical robot, patient surgical information; and
storing in the server and/or the electronic access device the patient surgical information for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
6. The method of claim 1, further comprising:
executing an algorithm, via the server, to create a virtual model of the patient's anatomy incorporating the information from the surgeon or surgical robot and representing an application of the secondary preoperative plan;
providing, via the server and the electronic access device, the virtual model to the surgical robot or the electronic access device;
displaying, via the electronic access device or the surgical robot, the virtual model to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the virtual model for use in creating a virtual model for a subsequent patient who shares at least one common feature with the individual patient.
22. (New) The method of claim 21, wherein the virtual model is three-dimensional and further comprising displaying the virtual model within an electronic display.
X
23. (New) The method of claim 22, wherein the one or more changes to the preoperative plan are received through the electronic display.
2. The method of claim 1, further comprising:
executing an algorithm using the patient surgical information, via the server and during the surgical procedure for the individual patient, to create a tertiary preoperative plan;
displaying, via the electronic access device or the surgical robot, the tertiary preoperative plan to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the tertiary preoperative plan for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
24. (New) The method of claim 21, wherein the preoperative plan is at least partially executed by a surgical robot and wherein the surgical robot is manipulated by a surgeon.
4. The method of claim 1, wherein the surgical robot includes a robotic assisted device or surgeon assisted device, a computer assisted device, an autonomous robotic device, or a digital surgery platform.
25. (New) The method of claim 21, wherein the preoperative plan is determined based at least in part on a prior preoperative plan from a prior procedure.
8. The method of claim 1, wherein the algorithm includes an aggregation of preoperative plans, surgical measurements, and patient outcomes stored on the server from prior surgical procedures involving patients who share at least one common feature with the individual patient.
26. (New) The method of claim 25, wherein the prior preoperative plan is associated with patient outcome information and wherein the preoperative plan is further determined based at least in part on the patient outcome information.
8. The method of claim 1, wherein the algorithm includes an aggregation of preoperative plans, surgical measurements, and patient outcomes stored on the server from prior surgical procedures involving patients who share at least one common feature with the individual patient.
27. (New) A computer-implemented method for optimizing a future surgical operative plan, the method comprising: determining an operative plan for a procedure to be performed on a patient; generating a virtual model representing an application of the operative plan on an anatomy of the patient; receiving intraoperative data; generating, based on the intraoperative data, an updated virtual model representing an application of the updated operative plan on the anatomy of the patient; and displaying the updated virtual model within an electronic display.
1. A computer-implemented method for optimizing a future surgical preoperative plan, said method comprising:
providing, via a server, an electronic initial preoperative plan for a robotic surgical procedure, wherein the surgical procedure includes cutting tissue for receiving an implant and/or prosthesis with the assistance of a surgical robot;
receiving at the server or the electronic access device, prior to the surgical procedure, information regarding the initial preoperative plan from the surgical robot including information related to a prior movement of a robotic arm to assist in preparing a bone for implant and/or prosthesis insertion;
executing an algorithm, via the server, to create a secondary preoperative plan incorporating the information from the surgical robot;
executing the secondary preoperative plan including 1) moving a robotic arm of the surgical robot to cut, ablate, bur, or move a patient's anatomy; and/or 2) moving a robotic arm of the surgical robot to move the implant or prosthesis;
storing in the server and/or the electronic access device the information from the surgical robot for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient;
receiving at the server and/or the electronic access device, during the surgical procedure for the individual patient and via the surgical robot, patient surgical information; and
storing in the server and/or the electronic access device the patient surgical information for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
6. The method of claim 1, further comprising:
executing an algorithm, via the server, to create a virtual model of the patient's anatomy incorporating the information from the surgeon or surgical robot and representing an application of the secondary preoperative plan;
providing, via the server and the electronic access device, the virtual model to the surgical robot or the electronic access device;
displaying, via the electronic access device or the surgical robot, the virtual model to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the virtual model for use in creating a virtual model for a subsequent patient who shares at least one common feature with the individual patient.
28. (New) The method of claim 27, further comprising storing the updated virtual model for use in a future operative plan.
6. The method of claim 1, further comprising:
executing an algorithm, via the server, to create a virtual model of the patient's anatomy incorporating the information from the surgeon or surgical robot and representing an application of the secondary preoperative plan;
providing, via the server and the electronic access device, the virtual model to the surgical robot or the electronic access device;
displaying, via the electronic access device or the surgical robot, the virtual model to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the virtual model for use in creating a virtual model for a subsequent patient who shares at least one common feature with the individual patient.
29. (New) The method of claim 28, wherein the virtual model is three-dimensional.
X
30. (New) The method of claim 28, wherein the intraoperative data is received via the electronic display.
2. The method of claim 1, further comprising:
executing an algorithm using the patient surgical information, via the server and during the surgical procedure for the individual patient, to create a tertiary preoperative plan;
displaying, via the electronic access device or the surgical robot, the tertiary preoperative plan to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the tertiary preoperative plan for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
31. (New) The method of claim 27, wherein the operative plan is at least partially executed by a surgical robot and wherein the intraoperative data is at least partially collected by the surgical robot.
20. A computer-implemented method for optimizing a future surgical preoperative plan, said method comprising:
providing, via a server, an electronic initial preoperative plan for a robotic surgical procedure, wherein the surgical procedure includes cutting tissue for receiving an implant and/or prosthesis with the assistance of a surgical robot;
receiving at the server and/or the electronic access device, prior to the surgical procedure, information regarding the initial preoperative plan from the surgical robot;
executing an algorithm, via the server, to create a secondary preoperative plan incorporating the information from the surgical robot and including a recommended movement of a robotic arm to assist in preparing a bone for implant and/or prosthesis insertion;
storing in the server and/or the electronic access device the information from the surgical robot for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient;
receiving at the server and/or the electronic access device, during the surgical procedure for the individual patient and via the surgical robot, patient surgical information including data collected by the surgical robot related to at least one of: soft tissue tension, ligament integrity, range of motion of a joint, or quality of articular cartilage;
storing in the server and/or the electronic access device the patient surgical information for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient;
executing an algorithm using the patient surgical information, via the server and during the surgical procedure for the individual patient, to create a tertiary preoperative plan;
displaying, via the electronic access device or the surgical robot, the tertiary preoperative plan to the surgeon during the surgical procedure;
executing the tertiary preoperative plan including: 1) moving a robotic arm of the surgical robot to cut, ablate, bur, or move a patient's anatomy; and/or 2) moving a robotic arm of the surgical robot to move the implant or prosthesis;
storing in the server and/or the electronic access device the tertiary preoperative plan for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient
receiving at the server, the surgical robot, and/or the electronic access device, after the surgical procedure, information regarding the results of the surgical procedure;
executing an algorithm, via the server, surgical robot, or electronic access device, to create an updated preoperative plan incorporating the information regarding the results of the surgical procedure; and
storing in the server and/or the electronic access device the updated preoperative plan for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
32. (New) The method of claim 7, wherein the intraoperative data includes kinematic and/or soft tissue data.
X
33. (New) The method of claim 27, wherein the operative plan is a preoperative plan.
5. The method of claim 1, further comprising:
receiving, after the surgical procedure and via the server, the surgical robot, or the electronic access device, information regarding the results of the surgical procedure from the patient;
executing an algorithm, via the server, surgical robot, or electronic access device, to create an updated preoperative plan incorporating the information regarding the results of the surgical procedure from the patient; and
storing in the server and/or the electronic access device the updated preoperative plan for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
34. (New) The method of claim 33, wherein the preoperative plan is determined based at least in part on a prior preoperative plan used in a prior procedure.
8. The method of claim 1, wherein the algorithm includes an aggregation of preoperative plans, surgical measurements, and patient outcomes stored on the server from prior surgical procedures involving patients who share at least one common feature with the individual patient.
35. (New) A computer-implemented method for optimizing a future surgical plan, the method comprising: determining an operative plan for a procedure to be performed on a patient based on a plurality of prior operative plans; executing the operative plan, wherein executing the operative plan includes controlling a surgical robot to 1) cut, ablate, bur, or move the patient's anatomy; and/or 2) move an implant or prosthesis; and storing intraoperative information including patient surgical information and information related to the movement or control of the surgical robot for use in a future operative plan, wherein at least some of the intraoperative information is collected by the surgical robot.
1. A computer-implemented method for optimizing a future surgical preoperative plan, said method comprising:
providing, via a server, an electronic initial preoperative plan for a robotic surgical procedure, wherein the surgical procedure includes cutting tissue for receiving an implant and/or prosthesis with the assistance of a surgical robot;
receiving at the server or the electronic access device, prior to the surgical procedure, information regarding the initial preoperative plan from the surgical robot including information related to a prior movement of a robotic arm to assist in preparing a bone for implant and/or prosthesis insertion;
executing an algorithm, via the server, to create a secondary preoperative plan incorporating the information from the surgical robot;
executing the secondary preoperative plan including 1) moving a robotic arm of the surgical robot to cut, ablate, bur, or move a patient's anatomy; and/or 2) moving a robotic arm of the surgical robot to move the implant or prosthesis;
storing in the server and/or the electronic access device the information from the surgical robot for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient;
receiving at the server and/or the electronic access device, during the surgical procedure for the individual patient and via the surgical robot, patient surgical information; and
storing in the server and/or the electronic access device the patient surgical information for use in creating a preoperative plan for a subsequent patient who shares at least one common feature with the individual patient.
6. The method of claim 1, further comprising:
executing an algorithm, via the server, to create a virtual model of the patient's anatomy incorporating the information from the surgeon or surgical robot and representing an application of the secondary preoperative plan;
providing, via the server and the electronic access device, the virtual model to the surgical robot or the electronic access device;
displaying, via the electronic access device or the surgical robot, the virtual model to the surgeon during the surgical procedure; and
storing in the server and/or the electronic access device the virtual model for use in creating a virtual model for a subsequent patient who shares at least one common feature with the individual patient.
36. (New) The method of claim 35, wherein each prior operative plan of the plurality of prior operative plans is associated with patient outcome information and wherein the operative plan is further determined based at least in part on the patient outcome information.
8. The method of claim 1, wherein the algorithm includes an aggregation of preoperative plans, surgical measurements, and patient outcomes stored on the server from prior surgical procedures involving patients who share at least one common feature with the individual patient.
37. (New) The method of claim 35, wherein each prior operative plan of the plurality of prior operative plans was at least partially executed by a surgical robot.
4. The method of claim 1, wherein the surgical robot includes a robotic assisted device or surgeon assisted device, a computer assisted device, an autonomous robotic device, or a digital surgery platform
38. (New) The method of claim 15, wherein the intraoperative information includes kinematic and/or soft tissue data.
X
39. (New) The method of claim 35, further comprising identifying at least one anatomic landmark, and wherein controlling the surgical robot further includes controlling the surgical robot to move the implant or prosthesis with respect to a distance from the at least one anatomic landmark.
X
40. (New) The method of claim 35, wherein the surgical robot is manipulated by a surgeon.
4. The method of claim 1, wherein the surgical robot includes a robotic assisted device or surgeon assisted device, a computer assisted device, an autonomous robotic device, or a digital surgery platform.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1:
In the instant case, claims 21-40 are directed toward a computer-implemented method (i.e. a process). Thus, each of the claims falls within one of the four statutory categories. Nevertheless, the claims fall within the judicial exception of an abstract idea.
Step 2A—Prong 1:
Independent claims 21, 27, and 35 recites steps that, under their broadest reasonable interpretations, cover performance of the limitations of a certain method of organizing human activity but for the recitation of generic computer components.
Claim 21 recites: “A computer-implemented method for optimizing a future surgical preoperative plan, the method comprising: determining a preoperative plan for a procedure to be performed on a patient; generating a virtual model representing an application of the preoperative plan on an anatomy of the patient; receiving one or more changes to the preoperative plan; generating, based on the one or more changes to the preoperative plan, an updated virtual model; and storing the updated virtual model for use in a future operative plan”.
The limitations of determining a preoperative plan for a procedure to be performed on a patient; generating a virtual model representing an application of the preoperative plan on an anatomy of the patient; receiving one or more changes to the preoperative plan; generating, based on the one or more changes to the preoperative plan, an updated virtual model; and storing the updated virtual model for use in a future operative plan, given the broadest reasonable interpretation, cover the abstract idea of a certain method of organizing human activity because they recite managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions—in this case the aforementioned steps recite a process of determining, generating receiving, update, and storing, which is properly interpreted as a “personal behavior”), but instead automates the process via a computer model, e.g. see MPEP 2106.04(a)(2). Any limitations not identified above as part of the abstract idea are deemed “additional elements”, and will be discussed in further detail below.
Claim 27 recites: “A computer-implemented method for optimizing a future surgical operative plan, the method comprising: determining an operative plan for a procedure to be performed on a patient; generating a virtual model representing an application of the operative plan on an anatomy of the patient; receiving intraoperative data; generating, based on the intraoperative data, an updated virtual model representing an application of the updated operative plan on the anatomy of the patient; and displaying the updated virtual model within an electronic display”.
The limitations of determining an operative plan for a procedure to be performed on a patient; generating a virtual model representing an application of the operative plan on an anatomy of the patient; receiving intraoperative data; generating, based on the intraoperative data, an updated virtual model representing an application of the updated operative plan on the anatomy of the patient; and displaying the updated virtual model within an electronic display, given the broadest reasonable interpretation, cover the abstract idea of a certain method of organizing human activity because they recite managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions—in this case the aforementioned steps recite a process of determining, generating, receiving, updated, and displaying, which is properly interpreted as a “personal behavior”), but instead automates the process via a computer model, e.g. see MPEP 2106.04(a)(2). Any limitations not identified above as part of the abstract idea are deemed “additional elements”, and will be discussed in further detail below.
Claim 35 recites: “A computer-implemented method for optimizing a future surgical plan, the method comprising: determining an operative plan for a procedure to be performed on a patient based on a plurality of prior operative plans; executing the operative plan; and storing intraoperative information including patient surgical information and information related to the movement or control of the surgical robot for use in a future operative plan, wherein at least some of the intraoperative information is collected by the surgical robot”.
The limitations of determining an operative plan for a procedure to be performed on a patient based on a plurality of prior operative plans; executing the operative plan; and storing intraoperative information including patient surgical information and information related to the movement or control of the surgical robot for use in a future operative plan, given the broadest reasonable interpretation, cover the abstract idea of a certain method of organizing human activity because they recite managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions—in this case the aforementioned steps recite a process of determining, executing, and storing, which is properly interpreted as a “personal behavior”), but instead automates the process via a computer model, e.g. see MPEP 2106.04(a)(2). Any limitations not identified above as part of the abstract idea are deemed “additional elements”, and will be discussed in further detail below.
Dependent claims 22-26, 28-24, and 36-40 include other limitations, as well as specific step of data to be processed, received, and applied, but these only serve to further limit the abstract idea and do not add and additional elements, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 21, 27, and 35. However, recitation of an abstract idea is not the end of the 35 U.S.C. 101 analysis. Each of the claims must be analyzed for additional elements that indicate the abstract idea is integrated into a practical application to determine whether the claim is considered to be “directed to” an abstract idea.
Step 2A—Prong 2:
Claims 21-40 are not integrated into a practical application because the additional elements (i.e. any limitations that are not identified as part of the abstract idea) amount to no more than limitations which:
Amount to mere instructions to apply an exception—for example, the recitation of “virtual model”, “electronic display”, and “surgical robot”, , which amount to merely invoking a computer as a tool to perform the abstract idea, e.g. see FIG. 1, [0014]-[0015], and [0023], of the present specification, and see further MPEP 2106.05(f);
Generally linking the abstract idea to a particular technological environment or field of use, for example, “a virtual model”, “an updated virtual model”, “storing the updated virtual model”, “displaying the updated virtual model within an electronic display”, “wherein executing the operative plan includes controlling a surgical robot to 1) cut, ablate, bur, or move the patient's anatomy; and/or 2) move an implant or prosthesis”, and “wherein at least some of the intraoperative information is collected by the surgical robot”, which amounts to limiting the abstract idea to the field of technology/the environment of computers, see MPEP 2106.05(h); and/or
Merely acquiring information for further analysis by the system and the particular manner of acquisition is not described or shown to be important, for example, “receiving one or more changes to the preoperative plan”, “receiving intraoperative data”, and “intraoperative information is collected by the surgical robot” , which amounts to insignificant extra-solution activity in the form of mere data gathering because it merely functions tangentially to the main idea of the invention and serves only to bring in the data necessary for the inventions main analysis, see MPEP 2106.05(g).
Additionally, dependent claims 22-26, 28-24, and 36-40 include other limitations, but as stated above, the limitations recited by these claims do not include any additional elements beyond those already recited in independent claims 21, 27, and 35, and hence also do not integrate the aforementioned abstract idea into a practical application.
Step 2B:
The claims do not include additional elements (i.e., “virtual model”, “electronic display”, and “surgical robot”) that are sufficient to amount to “significantly more” than the judicial exception because the additional elements (i.e. the elements other than the abstract idea), as stated above, are directed towards no more than limitations that amount to mere instructions to apply the exception, and/or generally link the abstract idea to a particular technological environment or field of use, which even when reevaluated under the considerations of Step 2B of the analysis, do not amount to “significantly more” than the abstract idea.
Dependent claims 22-26, 28-24, and 36-40 include other limitations, but none of these limitations are deemed significantly more than the abstract idea because, as stated above, the aforementioned dependent claims do not recite any additional elements not already recited in independent claims 21, 27, and 35, and hence do not amount to “significantly more” than the abstract idea.
Additionally, the additional elements (i.e., “receiving one or more changes to the preoperative plan”, “receiving intraoperative data”, and “intraoperative information is collected by the surgical robot”), add extra solution activity, which comprises limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in a particular field as demonstrated by:
Relevant court decisions (See MPEP 2106.05(d)(II)):
Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) (“Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink.” (emphasis added)).
Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea identified above. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective functions merely provide conventional computer implementation.
Therefore, whether taken individually or as an ordered combination, claims 21-40 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quaid et al. (US 20210093400 A1).
Regarding claim 1-20, Quaid teaches:
21. (New) A computer-implemented method for optimizing a future surgical preoperative plan, the method comprising (Quaid, Abstract):
determining a preoperative plan for a procedure to be performed on a patient (Quaid, [0013]-[0015] and [0208]);
generating a virtual model representing an application of the preoperative plan on an anatomy of the patient (Quaid, Abstract, FIG. 11E, FIG. 11F, [0091], and [0097]-[0098]);
receiving one or more changes to the preoperative plan (Quaid, [0013]-[0015], [0118] and [0205]);
generating, based on the one or more changes to the preoperative plan, an updated virtual model (Quaid, [0202], [0208], and Claim 8);
and storing the updated virtual model for use in a future operative plan (Quaid, [0097]-[0098], and [0205]).
22. (New) The method of claim 21, wherein the virtual model is three-dimensional and further comprising displaying the virtual model within an electronic display (Quaid, [0089], [0091]-[0092], [0097]-[0098], [0192], and [0205]).
23. (New) The method of claim 22, wherein the one or more changes to the preoperative plan are received through the electronic display (Quaid, [0013]-[0015], [0118] and [0205]).
24. (New) The method of claim 21, wherein the preoperative plan is at least partially executed by a surgical robot and wherein the surgical robot is manipulated by a surgeon (Quaid, [0109]-[0111], and [0121]-[0122]).
25. (New) The method of claim 21, wherein the preoperative plan is determined based at least in part on a prior preoperative plan from a prior procedure (Quaid, [0012]-[0015], and [0191]).
26. (New) The method of claim 25, wherein the prior preoperative plan is associated with patient outcome information and wherein the preoperative plan is further determined based at least in part on the patient outcome information (Quaid, [0012]-[0015], and [0191]).
27. (New) A computer-implemented method for optimizing a future surgical operative plan, the method comprising (Quaid, Abstract):
determining an operative plan for a procedure to be performed on a patient (Quaid, [0013]-[0015] and [0208]);
generating a virtual model representing an application of the operative plan on an anatomy of the patient (Quaid, Abstract, FIG. 11E, FIG. 11F, [0091], and [0097]-[0098]);
receiving intraoperative data (Quaid, [0013]-[0015], [0118] and [0205]);
generating, based on the intraoperative data, an updated virtual model representing an application of the updated operative plan on the anatomy of the patient (Quaid, Abstract, FIG. 11E, FIG. 11F, [0091], and [0097]-[0098]);
and displaying the updated virtual model within an electronic display (Quaid, [0013]-[0015], [0118] and [0205]).
28. (New) The method of claim 27, further comprising storing the updated virtual model for use in a future operative plan (Quaid, Abstract, FIG. 11E, FIG. 11F, [0091], and [0097]-[0098]).
29. (New) The method of claim 28, wherein the virtual model is three-dimensional (Quaid, [0089], [0091]-[0092], [0097]-[0098], [0192], and [0205]).
30. (New) The method of claim 28, wherein the intraoperative data is received via the electronic display (Quaid, [0089], [0091]-[0092], [0097]-[0098], [0192], and [0205]).
31. (New) The method of claim 27, wherein the operative plan is at least partially executed by a surgical robot and wherein the intraoperative data is at least partially collected by the surgical robot (Quaid, [0109]-[0111], [0121]-[0122], and [0191]-[0192]).
32. (New) The method of claim 7, wherein the intraoperative data includes kinematic and/or soft tissue data (Quaid, [0099], [0150], [0160], and [0219]).
33. (New) The method of claim 27, wherein the operative plan is a preoperative plan (Quaid, [0150], [0160], and [0219]).
34. (New) The method of claim 33, wherein the preoperative plan is determined based at least in part on a prior preoperative plan used in a prior procedure (Quaid, [0012]-[0015], and [0191]).
35. (New) A computer-implemented method for optimizing a future surgical plan, the method comprising:
determining an operative plan for a procedure to be performed on a patient based on a plurality of prior operative plans (Quaid, [0013]-[0015] and [0208]);
executing the operative plan, wherein executing the operative plan includes controlling a surgical robot to 1) cut, ablate, bur, or move the patient's anatomy (Quaid, [0092], [0106]-[0107], [0116], and [0121]);
and/or 2) move an implant or prosthesis (Quaid, [0013]-[0015], [0087], and [0091]);
and storing intraoperative information including patient surgical information and information related to the movement or control of the surgical robot for use in a future operative plan, wherein at least some of the intraoperative information is collected by the surgical robot (Quaid, [0097]-[0098], and [0205]).
36. (New) The method of claim 35, wherein each prior operative plan of the plurality of prior operative plans is associated with patient outcome information and wherein the operative plan is further determined based at least in part on the patient outcome information (Quaid, [0012]-[0015], and [0191]).
37. (New) The method of claim 35, wherein each prior operative plan of the plurality of prior operative plans was at least partially executed by a surgical robot (Quaid, [0109]-[0111], and [0121]-[0122]).
38. (New) The method of claim 15, wherein the intraoperative information includes kinematic and/or soft tissue data (Quaid, [0099], [0150], [0160], and [0219]).
39. (New) The method of claim 35, further comprising identifying at least one anatomic landmark, and wherein controlling the surgical robot further includes controlling the surgical robot to move the implant or prosthesis with respect to a distance from the at least one anatomic landmark (Quaid, FIG.17-23, [0128], [0141], and [0193]-[0194]).
40. (New) The method of claim 35, wherein the surgical robot is manipulated by a surgeon (Quaid, [0109]-[0111], and [0121]-[0122]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL SOJIN STONE whose telephone number is (571)272-8798. The examiner can normally be reached Monday-Friday 9 AM - 5 PM (EST).
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/R.S.S./Examiner, Art Unit 3681
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3681
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