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
In view of the allowability of claims 1-33, the species restriction has been withdrawn. Claims 1-35 have been examined on the merits.
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) 34-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ding et al. (EP 3949889).
Ding discloses a surgical tracker assembly comprising:
a tracker body including a first connector; (see tracker body 204, para. 0071, Fig. 10A-C), “An alternative sterile coupler 170 is shown in Figures 10A through 10C. In this version, the sterile coupler 170 has the same features as the sterile coupler 70, except that the tracker body 204 is separate from the coupler body 202 and is connectable to the coupler body 202 in at least two different orientations, such as the three different orientations shown. The tracker body 204 may be connectable via one or more fasteners, or the like. The tracker body 204 can thus be oriented in a manner that provides the best line-of-sight for the tracking elements/markers M to the sensors 50 of the localizer 44. As shown, the coupler body 202 has a plurality of mounting locations 220 at which the fasteners can attach the tracker body 204. The mounting locations 220, for example, may include threaded bores, and the fasteners could be machine screws, or other type of threaded fastener to connect the tracker body 204 to the coupler body 202 at one or more of the mounting locations 220. Alternative mounting arrangements for the tracker body 204 are also contemplated.”
and a mount assembly (see fasteners para. 0071) including a second connector configured to releasably engage with the first connector (see fasteners are to attached into the tracker body 204, see also the mounting places 220;
wherein one of the connectors is a rigid connector (see fasteners can be machine screwws, para. 0071 and the other one of the connectors is a flexible connector configured to flex into engagement with the rigid connector (see fasteners can clamps); and wherein the rigid and flexible connectors are configured to couple to one another in at least two different poses (see Fig. 10A-10C, different angles and poses).
35. (Original) A surgical tracker assembly for tracking an object, the surgical tracker assembly comprising:
a tracker body including a first connector (see tracker body 204, para. 0071, Fig. 10A-C),;
and a mount assembly configured to couple to the tracker body, the mount assembly including a second connector configured to engage with the first connector in at least a first position and a second position different from the first position (see Fig. 10a-10C); wherein one of the first connector and the second connector is rigid (see para. 0070, screws);
and wherein the other of the first connector and the second connector is resilient (see para. 0070)..
Allowable Subject Matter
Claims 1-33 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The current prior art of record fails to teach A surgical tracker assembly for tracking an object, the surgical tracker assembly comprising: a tracker body including a first connector; and a mount assembly configured to couple to the tracker body, the mount assembly including a second connector configured to engage with the first connector in at least a first position and a second position different from the first position; wherein one of the first connector and the second connector includes a multipositional receptacle extending between a first receptacle end and a second receptacle end, with the first receptacle end defining a first opening and the second receptacle end defining a second opening; and wherein the other of the first connector and the second connector includes a projection configured to be disposed in the first opening of the first receptacle end to enable the tracker body to couple to the mount assembly in the first position and configured to be disposed in the second opening of the second receptacle end to enable the tracker body to couple to the mount assembly in the second position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Gera et al. (US 2021/0386482) which discloses A marker for image guided surgery, consisting of a base, having a base axis, connecting to a clamp; and an alignment target. The alignment target includes a target region having an alignment pattern formed thereon, and a socket connected to the target region and configured to fit rotatably to the base, whereby the alignment target is rotatable about the base axis. The alignment target also includes an optical indicator for the socket indicating an angle of orientation of the alignment target about the base axis..
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
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