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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1, 2 and 5-14 in the reply filed on 13 March 2026 is acknowledged.
Claims 16, 17 and 20-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 13 March 2026.
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, 2 and 5-14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Forstein, U.S. PG-Pub 2020/0030036.
Regarding claim 1, Forstein discloses a computer-assisted surgical system comprising: a bone preparation tool (30); and at least one computing device (104) in communication with the bone preparation tool (Fig. 5), the at least one computing device comprising: processing circuitry; and a memory coupled to the processing circuitry (paragraph [0042]), the memory comprising instruction that, when executed by the processing circuitry, cause the processing circuitry to receive operating information of the bone preparation tool (spindle speed, force, friction and temperature) with a portion of the patient bone (paragraph [0031]), and determine bone characteristic information (bone quality data and density) of the portion of the patient bone based on the operating information (paragraph [0034]); wherein the bone characteristic information comprises bone hardness (paragraph [0038]).
Regarding claims 2 and 5, Forstein discloses wherein the bone preparation tool (30) comprises a cutting tool (32) (Fig. 5 and paragraph [0040]); and wherein the operating information comprises resistance (via force sensing) and rotation speed (spindle speed) (paragraph [0031]).
Regarding claims 6-8, Forstein discloses the memory comprising instructions that, when executed by the processing circuitry, cause the processing circuitry to: access an interference-fit (press-fit due to undersized cavity) for a cementless implant component for the portion of the patient bone, and determine at least one implant component property of the cementless implant based on the bone characteristic information and the interference-fit value; the at least one implant component property comprising a size of the cementless implant (implant being larger than the cavity); and the at least one implant component property comprising a shape of the implant (paragraphs [0005], [0027], [0033]).
Regarding claims 9-11, Forstein discloses the memory comprising instructions that, when executed by the processing circuitry, cause the processing circuitry to: access an interference-fit value for a cementless implant component for the portion of the patient bone, and generate an offset value based on the bone characteristic information, the offset value comprising an adjustment of the interference-fit value (via cavity size adjustment) (paragraph [0033]); wherein the bone characteristic information comprises a hardness value for each of a plurality of different regions of the portion of the patient bone; and the memory comprising instructions that, when executed by the processing circuitry, cause the processing circuitry to generate an interference-fit value map to visually represent interference-fit values and corresponding offsets for the plurality of different regions of the portion of the patient bone (paragraphs [0033] and [0042]).
Regarding claims 12-14, Forstein discloses the memory comprising instructions that, when executed by the processing circuitry, cause the processing circuitry to generate a bone preparation plane for a cementless implant component base, at least in part, on the bone characteristic information (paragraph [0005]), to generate the bone preparation plane via updating an existing bone preparation plane (intra-operative changes) based on the bone characteristic information (paragraphs [0042] and [0045]), and to update the existing bone preparation plan with a modified interference-fit value (via cavity adjustments) (paragraph [0033]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Gibson whose telephone number is (571)270-5274. The examiner can normally be reached Monday-Thursday ~6:00 A.M. to 4:00 P.M. (CST).
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC S GIBSON/ Primary Examiner, Art Unit 3775
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