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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 21-40 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 3-4, 6-10 of U.S. Patent No. 12,064,192 B2 in view of Kang et al. (U.S. Pub. No. 2019/0090966 A1, hereinafter “Kang”).
The table below shows the application claims and the patent claims side by side for direct comparison, with the differences between the claims are highlighted below by bolding all the limitations that differ, italicizing additional limitations, and underlining limitations that will be addressed below.
Application Claims:
Patent Claims:
21. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points;
engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm by inserting the surgical driver through a channel of the robot arm; coupling the implant to the surgical driver; and implanting the first member in the vertebra.
31. The method recited in claim 21, further comprising: generating images of a portion of a robot, the robot including the robot arm; and registering the generated images with imaging of the patient anatomy, wherein the first member is implanted in the vertebra using guidance from the robot.
1. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm; coupling the implant to the surgical driver; generating images of a portion of the robot arm; registering the generated images with imaging of the patient anatomy; and implanting the first member in the vertebra using guidance from the robot arm.
32. The method recited in claim 21, wherein the implant is a bone screw, the first member is a shaft of the bone screw and the second member is an implant receiver of the bone screw.
3. The method recited in claim 1, wherein the implant is a bone screw, the first member is a shaft of the bone screw and the second member is an implant receiver of the bone screw.
33. The method recited in claim 21, wherein acquiring the set of data points comprises a navigation component of the surgical driver generating a signal representative of a position of the first member relative to the surgical driver.
4. The method recited in claim 1, further comprising implanting the first member in the vertebra using the surgical driver, wherein acquiring the set of data points comprises a navigation component of the surgical driver generating a signal representative of a position of the first member relative to the surgical driver.
34. The method recited in claim 21, further comprising tracking placement of the second member with the first member.
6. The method recited in claim 1, further comprising tracking placement of the second member with the first member.
35. The method recited in claim 21, wherein: the robot arm is a component of a robot; acquiring the set of data points comprises position sensors of the robot generating a signal representative of a position of the first member relative to the vertebra.
7. The method recited in claim 1, further comprising implanting the first member in the vertebra using the surgical driver wherein acquiring the set of data points comprises position sensors of the robot arm generating a signal representative of a position of the first member relative to the vertebra.
36. The method recited in claim 21, wherein engaging the second member with the first member comprises inserting a head of the first member into a cavity of the second member.
8. The method recited in claim 1, wherein engaging the second member with the first member comprises inserting a head of the first member into a cavity of the second member.
37. The method recited in claim 21, wherein engaging the second member with the first member comprises snap fitting the first member with the second member.
9. The method recited in claim 1, wherein engaging the second member with the first member comprises snap fitting the first member with the second member.
38. The method recited in claim 21, further comprising: acquiring a set of data points representative of a three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy; and transmitting the set of data points representative of the three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy and the set of data points representative of the three dimensional position of the first member relative to the vertebra subsequent to manipulating the patient anatomy to a computer database.
10. The method recited in claim 1, further comprising: acquiring a set of data points representative of a three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy; and transmitting the set of data points representative of the three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy and the set of data points representative of the three dimensional position of the first member relative to the vertebra subsequent to manipulating the patient anatomy to a computer database.
39. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm by inserting the surgical driver longitudinally through an expandable channel of the robot arm, the channel extending perpendicular to the robot arm; coupling the implant to the surgical driver; and implanting the first member in the vertebra.
1. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm; coupling the implant to the surgical driver; generating images of a portion of the robot arm; registering the generated images with imaging of the patient anatomy; and implanting the first member in the vertebra using guidance from the robot arm.
40. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm by inserting the surgical driver longitudinally through an expandable channel defined by an end effector of the robot arm that is coupled to a cylindrical portion of the robot arm, the channel extending perpendicular to the cylindrical portion; coupling the implant to the surgical driver; and implanting the first member in the vertebra.
1. A method comprising: manipulating patient anatomy, the patient anatomy including a vertebra; acquiring a set of data points representative of a three dimensional position of a first member of an implant relative to the vertebra subsequent to manipulating the patient anatomy; aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; coupling a surgical driver to a robot arm; coupling the implant to the surgical driver; generating images of a portion of the robot arm; registering the generated images with imaging of the patient anatomy; and implanting the first member in the vertebra using guidance from the robot arm.
As is evident from the table above, the Patent claims disclose all of the features of the claimed invention, except regarding application claim 21, by inserting the surgical driver through a channel of the robot arm; regarding application claim 22, wherein the robot arm comprises a cylindrical portion that defines a longitudinal axis, the channel extending perpendicular to the longitudinal axis; regarding application claim 23, wherein the robot arm comprises a cylindrical portion and an end effector that is coupled to an end of the cylindrical portion, the end effector defining the channel; regarding application claim 24, wherein the cylindrical portion defines a longitudinal axis, the channel extending perpendicular to the longitudinal axis; regarding application claim 25, wherein the channel is expandable; regarding application claim 26, wherein the channel is aligned with a trajectory in which the first member is implanted in the vertebra; regarding application claim 27, further comprising positioning a cutting instrument within the channel and translating the cutting instrument through tissue to the vertebra; regarding application claim 28, further comprising removing the cutting instrument from the channel before inserting the surgical driver through the channel; regarding application claim 29, further comprising: removing the cutting instrument from the channel before inserting the surgical driver through the channel; positioning a drill within the channel after the cutting instrument is removed from the channel and translating the drill through the tissue; regarding application claim 30, further comprising disposing a cannula within the channel after removing the cutting instrument from the channel and before positioning the drill within the channel; regarding application claim 35, wherein: the robot arm is a component of a robot; regarding application claim 39, by inserting the surgical driver longitudinally through an expandable channel of the robot arm, the channel extending perpendicular to the robot arm; regarding application claim 40, by inserting the surgical driver longitudinally through an expandable channel defined by an end effector of the robot arm that is coupled to a cylindrical portion of the robot arm, the channel extending perpendicular to the cylindrical portion.
Kang discloses a robotic surgery method (see ABSTRACT), that includes coupling (via 40) a surgical driver (44, see paras. [0047]-[0048]) to a robot arm (20, see Fig. 6) by inserting the surgical driver through a channel of the robot arm (e.g. channel through collet 47, see Fig. 6, see para. [0054]); wherein the robot arm comprises a cylindrical portion that defines a longitudinal axis (see annotated Fig. 6 below), the channel extending perpendicular to the longitudinal axis (e.g. channel through collet 47, see Fig. 6, see para. [0054], see also annotated Fig. 6 below); regarding claim 25, wherein the channel is expandable (e.g. channel through collet 47, see Fig. 6, see para. [0054]); wherein the channel is aligned with a trajectory in which the first member is implanted in the vertebra (see Figs. 4-5, see also annotated Fig. 6 above); further comprising positioning a cutting instrument (80) within the channel and translating the cutting instrument through tissue to the vertebra (see paras. [0090] and [0100]); further comprising removing the cutting instrument (see para. [0100]) from the channel before inserting the surgical driver through the channel (see para. [0060]); further comprising: removing the cutting instrument (see para. [0100]) from the channel before inserting the surgical driver through the channel; positioning a drill within the channel after the cutting instrument is removed from the channel and translating the drill through the tissue (see para. [0060]); further comprising disposing a cannula within the channel after removing the cutting instrument from the channel and before positioning the drill within the channel (see para. [0093] “access cannula with stylet”); in order to provide a coupling assembly that enables releasable attachment and support for different types of surgical tools to a surgical robotic arm to enable the surgical robot to perform the multiple tasks of the spinal procedure (see paras. [0033], [0044], [0050], [0054]-[0055]).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method in the Patent claims to include coupling a surgical driver to a robot arm by inserting the surgical driver through a channel of the robot arm; wherein the robot arm comprises a cylindrical portion that defines a longitudinal axis, the channel extending perpendicular to the longitudinal axis; wherein the channel is expandable; wherein the channel is aligned with a trajectory in which the first member is implanted in the vertebra; further comprising positioning a cutting instrument within the channel and translating the cutting instrument through tissue to the vertebra; further comprising removing the cutting instrument from the channel before inserting the surgical driver through the channel; further comprising: removing the cutting instrument from the channel before inserting the surgical driver through the channel; positioning a drill within the channel after the cutting instrument is removed from the channel and translating the drill through the tissue; further comprising disposing a cannula within the channel after removing the cutting instrument from the channel and before positioning the drill within the channel in view of Kang in order to provide a coupling assembly that enables releasable attachment and support for different types of surgical tools to a surgical robotic arm to enable the surgical robot to perform the multiple tasks of the spinal procedure.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-30, 32-34, 36, 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (U.S. Pub. No. 2019/0090966 A1, hereinafter “Kang”) in view of Stad (U.S. Pub. No. 2014/0277198 A1, hereinafter “Stad”).
Kang discloses, regarding claim 21, a method comprising: manipulating patient anatomy (step 400, see Fig. 15, see para. [0077], see also para. [0050] “manipulate the surgical tool 30 to perform the surgical procedure on the patient, such as drilling, cutting, sawing, reaming, implant installation”), the patient anatomy including a vertebra (see Fig. 15, see para. [0080], see also para. [0052] “for drilling a pilot hole for a pedicle screw”); acquiring a set of data points representative of a position of a first member (PS) of an implant relative to the vertebra (see para. [0066] “desired location, e.g., a desired orientation and depth with respect to the patient’s anatomy”, see also paras. [0087] and [0088]) subsequent to manipulating the patient anatomy (see para. [0057] “intra-operative images … help to determine the actual position of the drill 42 or driver 44 relative to the desired orientation of the pedicle screws PS being placed in the patient’s spine. Separate tracking devices 16 can be employed on each vertebra V to separately track each vertebra V”); coupling (via 40) a surgical driver (44, see paras. [0047]-[0048]) to a robot arm (20, see Fig. 6) by inserting the surgical driver through a channel of the robot arm (e.g. channel through collet 47, see Fig. 6, see para. [0054]); coupling the implant (PS) to the surgical driver (see Fig. 6); and implanting the first member in the vertebra (see Fig. 8).
Regarding claim 22, wherein the robot arm comprises a cylindrical portion that defines a longitudinal axis (see annotated Fig. 6 below), the channel extending perpendicular to the longitudinal axis (e.g. channel through collet 47, see Fig. 6, see para. [0054], see also annotated Fig. 6 below).
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Regarding claim 23, wherein the robot arm comprises a cylindrical portion (see annotated Fig. 6 above) and an end effector (40) that is coupled to an end of the cylindrical portion (see Fig. 6), the end effector defining the channel (e.g. channel through collet 47, see Fig. 6, see para. [0054]).
Regarding claim 24, wherein the cylindrical portion defines a longitudinal axis (see annotated Fig. 6 above), wherein the channel extending perpendicular to the longitudinal axis (e.g. channel through collet 47, see Fig. 6, see para. [0054], see also annotated Fig. 6 above)
Regarding claim 25, wherein the channel is expandable (e.g. channel through collet 47, see Fig. 6, see para. [0054]).
Regarding claim 26, wherein the channel is aligned with a trajectory in which the first member is implanted in the vertebra (see Figs. 4-5, see also annotated Fig. 6 above).
Regarding claim 27, further comprising positioning a cutting instrument (80) within the channel and translating the cutting instrument through tissue to the vertebra (see paras. [0090] and [0100]).
Regarding claim 28, further comprising removing the cutting instrument (see para. [0100]) from the channel before inserting the surgical driver through the channel (see para. [0060]).
Regarding claim 29, further comprising: removing the cutting instrument (see para. [0100]) from the channel before inserting the surgical driver through the channel; positioning a drill within the channel after the cutting instrument is removed from the channel and translating the drill through the tissue (see para. [0060]).
Regarding claim 30, further comprising disposing a cannula within the channel after removing the cutting instrument from the channel and before positioning the drill within the channel (see para. [0093] “access cannula with stylet”).
Regarding claim 32, wherein the implant is a bone screw (PS), the first member is a shaft of the bone screw (e.g. shaft of bone screw PS, see Fig. 8).
Regarding claim 33, wherein acquiring the set of data points comprises a navigation component (16) of the surgical driver generating a signal representative of a position of the first member relative to the surgical driver (see para. [0048] and [0057], see also paras. [0087] and [0088]).
Regarding claim 38, further comprising: acquiring a set of data points representative of a three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy (see para. [0048] and [0057], see also paras. [0087] and [0088]); and transmitting the set of data points representative of the three dimensional position of the first member relative to the vertebra prior to manipulating the patient anatomy (see para. [0066] “desired location, e.g., a desired orientation and depth with respect to the patient’s anatomy”, see also paras. [0087] and [0088]) and the set of data points representative of the three dimensional position of the first member relative to the vertebra subsequent to manipulating the patient anatomy (see para. [0057] “intra-operative images … help to determine the actual position of the drill 42 or driver 44 relative to the desired orientation of the pedicle screws PS being placed in the patient’s spine. Separate tracking devices 16 can be employed on each vertebra V to separately track each vertebra V”) to a computer database (see paras. [0056]-[0057]).
Kang discloses, regarding claim 39, a method comprising: manipulating patient anatomy (step 400, see Fig. 15, see para. [0077], see also para. [0050] “manipulate the surgical tool 30 to perform the surgical procedure on the patient, such as drilling, cutting, sawing, reaming, implant installation”), the patient anatomy including a vertebra (see Fig. 15, see para. [0080], see also para. [0052] “for drilling a pilot hole for a pedicle screw”); acquiring a set of data points representative of a three dimensional position of a first member (PS) of an implant relative to the vertebra (see para. [0066] “desired location, e.g., a desired orientation and depth with respect to the patient’s anatomy”, see also paras. [0087] and [0088]) subsequent to manipulating the patient anatomy (see para. [0057] “intra-operative images … help to determine the actual position of the drill 42 or driver 44 relative to the desired orientation of the pedicle screws PS being placed in the patient’s spine. Separate tracking devices 16 can be employed on each vertebra V to separately track each vertebra V”); coupling (via 40) a surgical driver (44, see paras. [0047]-[0048]) to a robot arm (20, see Fig. 6) by inserting the surgical driver longitudinally through an expandable channel of the robot arm (e.g. channel through collet 47, see Fig. 6, see para. [0054]), the channel extending perpendicular to the robot arm (see annotated Fig. 6 above); coupling the implant (PS) to the surgical driver (see Fig. 6); and implanting the first member in the vertebra (see Fig. 8).
Kang discloses, regarding claim 40, a method comprising: manipulating patient anatomy (step 400, see Fig. 15, see para. [0077], see also para. [0050] “manipulate the surgical tool 30 to perform the surgical procedure on the patient, such as drilling, cutting, sawing, reaming, implant installation”), the patient anatomy including a vertebra (see Fig. 15, see para. [0080], see also para. [0052] “for drilling a pilot hole for a pedicle screw”); acquiring a set of data points representative of a three dimensional position of a first member (PS) of an implant relative to the vertebra (see para. [0066] “desired location, e.g., a desired orientation and depth with respect to the patient’s anatomy”, see also paras. [0087] and [0088]) subsequent to manipulating the patient anatomy (see para. [0057] “intra-operative images … help to determine the actual position of the drill 42 or driver 44 relative to the desired orientation of the pedicle screws PS being placed in the patient’s spine. Separate tracking devices 16 can be employed on each vertebra V to separately track each vertebra V”); coupling (via 40) a surgical driver (44, see paras. [0047]-[0048]) to a robot arm (20, see Fig. 6) by inserting the surgical driver longitudinally through an expandable channel (e.g. channel through collet 47, see Fig. 6, see para. [0054]) defined by an end effector (40) of the robot arm that is coupled to a cylindrical portion of the robot arm (see annotated Fig. 6 above); coupling the implant (PS) to the surgical driver (see Fig. 6); and implanting the first member in the vertebra (see Fig. 8).
Kang fails to disclose, regarding claim 21, aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; regarding claim 32, wherein the second member is an implant receiver of the bone screw; regarding claim 34, further comprising tracking placement of the second member with the first member; regarding claim 36, wherein engaging the second member with the first member comprises inserting a head of the first member into a cavity of the second member; regarding claim 39, aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; and regarding claim 40, aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant.
Stad discloses a method for polyaxial screw alignment (see ABSTRACT), including engaging a second member (108, see Fig. 20, see para. [0054]) with a first member to assemble the implant (102, see Fig. 20, see para. [0054]), wherein the second member is an implant receiver of the bone screw (108, see Fig. 20, see para. [0054]), wherein engaging the second member with the first member comprises inserting a head of the first member into a cavity of the second member (see Fig. 20, see para. [0054]); aligning the second member of the implant with the first member according to the set of data points (see paras. [0102] “determine and record a set position and orientation” and para. [0105] “If the surgeon desires to return the components of the polyaxial screw 100 to coaxial alignment, the method can include measuring the three-dimensional position and angular orientation .. then calculate the difference between the measurements of the position and orientation of the extension tube 2000 and provide direction to the surgeon to aid in returning the polyaxial screw 100 to a coaxial orientation”); further comprising tracking placement of the second member with the first member (see para. [0105] “the method can include measuring the three-dimensional position and angular orientation .. then calculate the difference between the measurements of the position and orientation of the extension tube 2000”) in order to enable tracking and repositioning the bone anchor into coaxial alignment while enabling the bone screw to move relative to a captured spinal fixation element in response to corrective forces applied (see paras. [0105]-[0106]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method in Kang to include aligning a second member of the implant with the first member according to the set of data points; engaging the second member with the first member to assemble the implant; further comprising tracking placement of the second member with the first member in view of Stad in order to enable tracking and repositioning the bone anchor into coaxial alignment while enabling the bone screw to move relative to a captured spinal fixation element in response to corrective forces applied.
Claim(s) 31, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Stad, as applied to claim 21 above, and in further view of Crawford et al. (U.S. Pub. No. 2019/0029765 A1, hereinafter “Crawford”).
Kang in view of Stad discloses all of the features of the claimed invention, as previously set forth above. Kang further discloses, regarding claim 31, registering the generated images with imaging of the patient anatomy (see para. [0042]); and wherein the first member is implanted in the vertebra using guidance from the robot (see paras. [0087]-[0088]); and wherein: the robot arm is a component of a robot (see Fig. 1); and regarding claim 35, wherein: the robot arm is a component of a robot (see Fig. 1). Kang in view of Stad fails to disclose, regarding claim 31, further comprising: generating images of a portion of a robot, the robot including the robot arm; regarding claim 35, acquiring the set of data points comprises position sensors of the robot generating a signal representative of a position of the first member relative to the vertebra.
Crawford discloses a surgical robotic system (see Figs. 15A-15B) with a robot arm (1012), where a portion of the robot arm (1014) includes a tracking marker (1018), generating images of a portion of a robot (see para. [0113] “generally visible by cameras”), and wherein acquiring the set of data points comprises position sensors of the robot generating a signal representative of a position of the first member relative to the vertebra (see para. [0112]) in order to serve the purpose of adding missing degrees of freedom to allow full rigid body tracking and/or can serve the purpose of acting as a surveillance marker to ensure that assumptions about robot and camera positioning are valid (see para. [0112]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method in Kang in view of Stad to include generating images of a portion of a robot, the robot including the robot arm; acquiring the set of data points comprises position sensors of the robot generating a signal representative of a position of the first member relative to the vertebra in further view of Crawford in order to serve the purpose of adding missing degrees of freedom to allow full rigid body tracking and/or can serve the purpose of acting as a surveillance marker to ensure that assumptions about robot and camera positioning are valid.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Stad, as applied to claim 21 above, and in further view of Trieu et al. (U.S. Pub. No. 2009/0093820 A1, hereinafter “Trieu”).
Kang in view of Stad discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 29, wherein engaging the second member with the first member comprises snap fitting the first member with the second member.
Trieu discloses an adjustable spinal stabilization system (see Fig. 2), with first members (22) that are manually engaged with a stabilization member (200) via engaging members (26), wherein snap fit members (see para. [0030]) are disclosed as being a suitable alternative to other engaging members (see para. [0030]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method in Kang in view of Stad and in view of Trieu to include snap fitting the first member with the second member in further view of Trieu in order to provide a suitable alternative capable of securing the first member and the second member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/M.C.G/ Examiner, Art Unit 3773
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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