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 .
Status of the Application
Claims 1-3, 5-6, 8-11, 13-14, 16-17, and 19-25 have been examined in this application. Claims 4, 7, 12, 15, and 18 have been canceled. Claims 21-25 are newly added. This communication is a Non-Final Rejection in response to Applicant’s “Request for Continued Examination (RCE)” filed 6/1/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-6, 8-11, 13-14, 16-17, and 19-25 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "longitudinal axis of the surgical" in line 12. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests adding the word “frame” after ‘surgical’ for improved antecedent basis.
Claim 3 recites the limitation "the coronal plane of the patient " in line 1. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests amending the first iteration of coronal plane to be “a coronal plane of the patient” for improved antecedent basis.
Claim 10 recites the limitation "longitudinal axis of the surgical" in line 16. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests adding the word “frame” after ‘surgical’ for improved antecedent basis.
Claim 11 recites the limitation "the coronal plane of the patient " in line 1. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests amending the first iteration of coronal plane to be “a coronal plane of the patient” for improved antecedent basis.
Claim 16 recites the limitation "longitudinal axis of the surgical" in line 12. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests adding the word “frame” after ‘surgical’ for improved antecedent basis.
Claim 17 recites the limitation "the coronal plane of the patient " in line 1. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests amending the first iteration of coronal plane to be “a coronal plane of the patient” for improved antecedent basis.
Claims 2, 5-6, 8-9, 13-14 and 19-25 are additionally rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim.
Allowable Subject Matter
Claim(s) 1-3, 5-6, 8-11, 13-14, 16-17, and 19-25 would otherwise be allowable if amendments are provided to claims 1, 3, 10, 11, 16, and 17 obviating the rejections under 35 U.S.C 112(b) as noted above. Suggestions are also provided above with respect to overcoming these rejections.
Regarding specific reasons for allowance over the closest prior art of record, please review below the heading “Allowable Subject Matter” in the Non-Final Rejection dated 10/31/2025. Applicant’s claim amendments provided herein this Request for Continued Examination (RCE) of 6/1/2026 have generally further narrowed the claims and thus such claims would be allowable for similar reasons as previously indicated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R HARE whose telephone number is (571)272-4420. The examiner can normally be reached MON-FRI 8:00 AM-5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sincerely,
/DAVID R HARE/Primary Examiner, Art Unit 3673
6/22/2026
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