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 II (device claims 16-19) in the reply filed on February 24, 2026 is acknowledged.
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 16-19 are 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 16 recites the limitation "the navigation system" in line 16. There is insufficient antecedent basis for this limitation in the claim. Treated as the computing system.
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) 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moreau et al. (US 2010/0256504; “Moreau”).
Claim 16, Moreau discloses a computing system (Fig. 1; abstract) comprising at least one processor (paragraph [0035]) and at least one storage device (paragraph [0035]) storing executable instructions that when executed by the at least one processor cause the computing system to: receive an identification of a first subset of anatomical reference information associate with at least one intra-operative image of a surgical location (camera images 50, an MRI scan paragraph [0090], or ultrasound probe 150 paragraph [0049]), each intra-operative image having an image reference frame and each showing a same portion of patient anatomy (paragraphs [0031]-[0032], [0041], [0045], [0047]-[0048], and [0060]-[0066]); register the image reference frame with a computing system reference frame of the computing system, wherein the computing system is configured to track objects comprising any one or more of surgical tools and portions of patient anatomy (paragraphs [0031]-[0032], [0041], [0045], [0047]-[0048], and [0060]-[0066]); receive signals, from one or more computing system sensors (signals detected by 50 or probe 150), identifying a second subset of anatomical reference information (paragraphs [0031]-[0032], [0041], [0045], [0047]-[0048], and [0060]-[0066]), wherein at least some of the second subset of anatomical reference information are different from the first subset of anatomical reference information (the first subset could be from the camera and the second subset could be from the probe); and register a portion of patient anatomy to the computing system using at least one item of anatomical reference information from each of the first subset of anatomical reference information and the second subset of anatomical reference information for performing navigation of the patient anatomy (paragraphs [0031]-[0032], [0041], [0045], [0047]-[0048], and [0060]-[0066]).
Claim 17, Moreau discloses the computing system of claim 16, wherein the execution of the instructions further causes the system to perform a surgical navigation of the patient anatomy using the portion of patient anatomy as registered, wherein performing the surgical navigation provides clinically relevant information for a surgery procedure (paragraphs [0033], [0075], [0093], [0102], and [0116]).
Claim 18, Moreau discloses the computing system of claim 16, wherein the one or more computing system sensors comprises an optical sensor (Fig. 1; 50); and, each intra-operative image is generated by an intra-operative image device (either probe 150 or an intraoperative MRI or CT scan) that is different from the optical sensor (Fig. 1; paragraphs [0031]-[0032], [0041], [0045], [0047]-[0048], and [0060]-[0066]).
Claim 19, Moreau discloses the computing system of claim 16, wherein the execution of the instructions further causes the system to provide any one or more of: a relative measurement between the tool and the patient's anatomical structure; an overlay for a portion of the tool or the cutting plane for display with an image of the patient's anatomical structure; workflow for a procedure; or an instruction to command a robotic manipulator (paragraphs [0115]-[0120]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached 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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/Zade Coley/Primary Examiner, Art Unit 3775
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