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 .
Claim Objections
Claim 10 is objected to because of the following informalities:
In claim 10, line 6, the phrase, “the articulated” appears to be missing --arm--. Appropriate correction is required.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plaskos et al. (U.S. Patent No. 10285683).
Plaskos et al. discloses a method of assessing ligament balance in a joint, comprising: forcing, by motors of joints (1026) of an articulated arm (1012) of a robotic device (1010), a ligament balancing device (1016, Figure 19) to apply a first force to a first bone of the joint in contact with the ligament balancing device (Column 13, Lines 35-38); holding the first bone (98) with the first force while allowing manual manipulation of a second bone of the joint and collecting a force measurement (Column 15, Lines 25-32, it can be construed that the surgeon moves the tibia particularly when the hell push test is mentioned. Furthermore, the “Background of the Invention” states that the surgeon manually applies forces, however assessment can be inconsistent and the current application works to solve assessment and not manipulation. Thus, it can be construed that the second bone is manually manipulated); and determining, by a processor (4) in communication with the robotic device, a force applied to one or more ligaments of the joint based on the force measurement (Column 13, Lines 47-67 and Column 14, Lines 1-21).
Regarding claim 2, the first force is a predetermined force (Column 21, Lines 44-46), and wherein the force measurement is a second force applied to the second bone (Column 15, Lines 25-32, i.e. heel push test)
Regarding claim 3, the method further comprising tracking a position of the first bone and a position of the second bone using a tracking system during the manual manipulation of the second bone to determine a gap between the first bone and the second bone of the joint (Column 5, Lines15-24).
Regarding claim 4, the method further comprising correlating at least one of the first force or the force measurement and the gap measurement to determine a tissue characteristic of the one or more ligaments of the joint (Column 23, Lines 47-51).
Regarding claim 5, the tissue characteristic is a stiffness transition point (275) of the one or more ligaments of the joint (Figure 5A).
Regarding claim 6, the method further comprising tracking an orientation of the first bone and an orientation of the second bone using a tracking system during the manual manipulation of the second bone to determine a gap between the first bone and the second bone of the joint (Column 5, Lines15-24).
Regarding claim 7, the method further comprising providing an indication to adjust an orientation of a prosthetic component based on the gap measurement to achieve a desired joint balance (Column 38, Lines 47-62, “recuts”).
Regarding claim 8, the method further comprising providing an indication to perform a ligament release to achieve a desired joint balance (Column 38, Lines 47-51)
Regarding claim 9, the force measurement is collected using the motors of the joints of the articulated arm (Column 13, Lines 48-50). Since the motors are used to place the ligament balancing device into the joint, they are used collect the force measurement. Without the motors placing the distal end of the arm with the sensors in the proper position, the force measurement would not be able to be collected.
Regarding claim 10, Plaskos disclose a device for ligament balancing, comprising: an articulated arm (1016) having a surgical tool (1018) coupled to a distal end of the articulated arm (Figure 19), the articulated arm configured to force the surgical tool to apply a force to a bone of a joint (Column 13, Lines 35-38); and one or more processors (4) configured to generate control signals for controlling the articulated arm and receive information from the articulated arm (Column 12, Lines 31-52), the one or more processors configured to perform operations comprising: controlling the articulated arm to force the surgical tool into contact with a first bone of the joint to apply a first force to the first bone of the joint; holding the first bone with the first force while allowing manual manipulation of a second bone of the joint and collecting a force measurement (Column 15, Lines 25-32, it can be construed that the surgeon moves the tibia particularly when the hell push test is mentioned. Furthermore, the “Background of the Invention” states that the surgeon manually applies forces, however assessment can be inconsistent and the current application works to solve assessment and not manipulation. Thus, it can be construed that the second bone is manually manipulated); and determining a force applied to one or more ligaments of the joint based on the force measurement (Column 13, Lines 47-67 and Column 14, Lines 1-21).
Regarding claim 11, wherein the first force is a predetermined force (Column 21, Lines 44-46), and wherein the force measurement is a second force applied to the second bone (Column 15, Lines 25-32, i.e. heel push test).
Regarding claim 12, the operations further comprise tracking a position of the first bone and a position of the second bone during the manual manipulation of the second bone to determine a gap between the first bone and the second bone of the joint (Column 5, Lines15-24).
Regarding claim 13, the operations further comprise correlating at least one of the first force or the force measurement and the gap measurement to determine a tissue characteristic of the one or more ligaments of the joint (Column 23, Lines 47-51).
Regarding claim 14, the tissue characteristic is a stiffness transition point (275) of the one or more ligaments of the joint (Figure 5A).
Regarding claim 15, the operations further comprise providing an indication to adjust an orientation of a prosthetic component based on the gap measurement to achieve a desired joint balance (Column 38, Lines 47-62, “recuts”).
Regarding claim 16, the force measurement is collected using motors of joints of the articulated arm. Since the motors are used to place the ligament balancing device into the joint, they are used collect the force measurement. Without the motors placing the distal end of the arm with the sensors in the proper position, the force measurement would not be able to be collected.
Regarding claim 17, Plaskos discloses a robotic surgery system, comprising: a robotic device (1010) comprising an articulated arm (1012); a surgical tool (1018) coupled to a distal end of the articulated arm , wherein the articulated arm is configured to force the surgical tool to apply a force to a bone of a joint (Column 13, Lines 35-38); a controller (4) configured to generate control signals for controlling the articulated arm and receive information from the articulated arm (Column 12, Lines 31-52), the controller configured to perform operations comprising: controlling the articulated arm to force the surgical tool into contact with a first bone of the joint to apply a first force to the first bone of the joint; holding the first bone with the first force while allowing manual manipulation of a second bone of the joint and collecting a force measurement (Column 15, Lines 25-32, it can be construed that the surgeon moves the tibia particularly when the hell push test is mentioned. Furthermore, the “Background of the Invention” states that the surgeon manually applies forces, however assessment can be inconsistent and the current application works to solve assessment and not manipulation. Thus, it can be construed that the second bone is manually manipulated); and determining a force applied to one or more ligaments of the joint based on the force measurement (Column 13, Lines 47-67 and Column 14, Lines 1-21).
Regarding claim 18, wherein the first force is a predetermined force (Column 21, Lines 44-46), and wherein the force measurement is a second force applied to the second bone (Column 15, Lines 25-32, i.e. heel push test).
Regarding claim 19, the operations further comprise tracking a position of the first bone and a position of the second bone during the manual manipulation of the second bone to determine a gap between the first bone and the second bone of the joint (Column 5, Lines15-24).
Regarding claim 20, the force measurement is collected using motors of joints of the articulated arm. Since the motors are used to place the ligament balancing device into the joint, they are used collect the force measurement. Without the motors placing the distal end of the arm with the sensors in the proper position, the force measurement would not be able to be collected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F.
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/ANDREW YANG/Primary Examiner, Art Unit 3775