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 in the reply filed on July 7, 2026, is acknowledged.
Claims 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
However, claims 16-20 also do not read on the elected invention because the claims are directed to an apparatus rather than a method, placing them in a distinct statutory category. Therefore, claims 16-20 are further withdrawn.
As such, claims 1-7 are pending in the instant application.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiman et al. (US 2024/0156532), hereinafter “Weiman”.
Regarding claim 1, Weiman discloses a method of performing a discectomy (¶54), the method comprising: (a) providing a database model based on existing patient data with discectomy data (¶40); (b) conducting preoperative imaging and planning for a given patient (¶46); (c) obtaining a customized surgical plan from the database model including an approach, location, and degree of discectomy for the given patient (¶52); (d) performing a discectomy based on guidance from the customized surgical plan and collecting intraoperative data (1202); (e) conducting a postoperative analysis after the discectomy and collecting postoperative data (1204); and (f) updating the database model based on the intraoperative and postoperative data (¶43).
Regarding claim 2, Weiman discloses the method of claim 1, wherein the discectomy is conducted with a navigated articulating discectomy instrument (¶194).
Regarding claim 3, Weiman discloses the method of claim 1, wherein for a non-fusion procedure, the discectomy targets an identified surgical level and identifies soft tissue to be removed based on a volumetric heatmap (¶167-168).
Regarding claim 4, Weiman discloses the method of claim 1, wherein for a fusion procedure, the discectomy targets an identified surgical level, selects a surgical approach, identifies soft tissue to be removed based on a volumetric heatmap, and prepares the disc space for insertion of an interbody implant (¶167-168).
Regarding claim 5, Weiman discloses the method of claim 4 further comprising modifying the volumetric heatmap based on intended placement of the interbody implant (¶168).
Regarding claim 6, Weiman discloses the method of claim 1, wherein the database model incorporates artificial intelligence to enhance database functionality, data analysis, and predictions (¶42-43).
Regarding claim 7, Weiman discloses the method of claim 1, wherein the database model is incorporated into software of an on-board computer for a surgical robotic and navigation system (¶40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
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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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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