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 statement filed October 30th, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specifically, the Japanese patent and corresponding office action have not been provided with the IDS.
Allowable Subject Matter
Claims 19-20 are allowed.
Response to Arguments
Applicant's arguments filed October 30th, 2025 have been fully considered but they are not persuasive. Applicant’s amendments do overcome the 101 rejections but fail to overcome the prior art of record. Chapman et al. disclose first data (¶46-47, ¶54) from the measurement device and the processor receives the first data to determine a first measurement of an anatomical leg of the patient indicative of a determined tibia varus or valgus angle (¶54) and has instructions (274, figure 12) for moving or posing the musculoskeletal system of the patient based on the instructions (¶75-78, ¶81). As a result, Applicant’s amendments are not found persuasive to overcome the prior art of record.
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.
Claims 1-3, 11-14 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chapman et al. (US 2017/0252187).
Regarding claim 1, Chapman et al. disclose a method for measuring a tibia varus or valgus angle via a surgically implanted measurement device, the method comprising receiving, via at least one processor (252), first data (¶46-47, ¶54) from the measurement device, wherein a housing (50) of the measurement device is coupled to a musculoskeletal system of a patient (figure 2); and the first data includes a plurality of measurements from each of an accelerometer (¶44) and a gyroscope (62) included with an inertial measurement unit disposed within the housing (¶52-54); receiving, via the at least one processor and based on the first data (¶46-47, ¶54), a first determined measurement of an anatomical feature of a leg of the patient (¶52-54) indicative of a determined varus or valgus angle (¶54); and causing a display (260, figure 12) to output the determined tibia varus or valgus angle (¶54, ¶77) and instructions (274, figure 12) for moving or posing the musculoskeletal system of the patient (¶75-78, ¶81).
Regarding claim 2, Chapman et al. disclose prior to receiving the first data, coupling the housing to the musculoskeletal system of the patient (¶33, 196, figure 10).
Regarding claim 3, Chapman et al. disclose causing the display to output instructions (274, figure 12, ¶78, ¶81) for moving or posing the musculoskeletal system of the patient that, when executed, cause the accelerometer and the gyroscope to generate the first data.
Regarding claim 11, Chapman et al. disclose a system for measuring a tibia varus or valgus angle of a patient, comprising a measurement device (figure 2) that includes a housing (50) that is configured to couple to a musculoskeletal system of the patient (figure 2); an inertial measurement unit disposed within the housing, and including an accelerometer (¶44); and a gyroscope (62), the plurality of measurements indicative of a determined tibia varus or valgus angle (¶54); and wherein the inertial measurement unit is configured to record a plurality of measurements using the accelerometer and the gyroscope (¶52-54); and a transmitter (118, figure 5) configured to output the plurality of measurements and instructions (274, figure 12) based for moving or posing a musculoskeletal system of the patient based on the plurality of measurements (¶75-78, ¶81).
Regarding claim 12, Chapman et al. disclose a prosthetic knee joint (figure 2) including a tibial prosthetic component (50) coupled to a proximal end of a tibia (46) of the patient (figure 2), wherein the housing of the measurement device is configured to removably couple to the tibial prosthetic component (¶32).
Regarding claim 13, Chapman et al. disclose the system further comprising a display (260); and a computing device (43) for determining the tibia varus or valgus angle of the patient (¶52-54), the computing device including at least one processor (252, figure 12); a communication component (258) operatively connected to the processor (¶77); and a memory (254 + 256) operatively connected to the processor (¶77), and storing instructions (274) that are executable by the processor to perform operations, including receiving first data from the measurement device that includes a plurality of measurements from each of the accelerometer and the gyroscope (¶52-54); receiving a first measurement of a length of a tibia of the patient; receiving, based on the first data and the first measurement, the determined tibia varus or valgus angle (¶52-54); and causing the display to output the determined tibia varus or valgus angle (¶54, ¶77).
Regarding claim 14, Chapman et al. disclose the operations further include causing the display to output instructions (274, figure 12, ¶78, ¶81) for moving or posing the musculoskeletal system of the patient that, when executed, cause the accelerometer and the gyroscope to generate the first data.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00. 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, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619