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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed. It is noted, however, that applicant has not filed a certified copy of the CN 202210768533.9 application as required by 37 CFR 1.55.
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.
Claim 2 is 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.
Applicant claims “a structure to be connected to the prosthesis is parallel to a structure to be connected to the cutting tool” – however it is unclear what “a structure is”.
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.
Claims 1-2 are rejected under 35 U.S.C. 102a1 as being anticipated by Carson US 20030069591
Regarding claim 1, Carson teaches an actuator for hip replacement, which is configured to prepare a space for installing a prosthesis on a bone and implant the prosthesis, comprising:
a first actuator (76), configured to connect a cutting tool (74) to process at least one of an acetabulum or a medullary cavity, the first actuator having a first connector and a second connector (76 mounts to 74; and 76 mounts to 78); and
a second actuator (86), configured to connect to the second connector of the first actuator during an operation of implantation of the prosthesis is performed, and connect the prosthesis and receive impact produced during installing the prosthesis,
wherein the actuator for the hip replacement is configured to be installed to a robotic arm via the first connector.
It is noted for the purpose of examination, Applicant has only positively claimed a first actuator with a first and second connector; and a second actuator. The various other limitations are being interpreted as functional limitations. Carson teaches a first and second actuator which connect to one another and the tools (74 and 36) see figure 42A.
Regarding claim 2, Carson teaches an actuator for the hip replacement according to claim 1, wherein when the second actuator is connected to the first actuator (see figure 42a), a structure to be connected to the prosthesis is parallel to a structure to be connected to the cutting tool. The limitation of “a structure to be connected to the prosthesis is parallel to a structure to be connected to the cutting tool” is being interpreted as functional limitations, the two tools connected in figure 42a are parallel.
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.
Claims 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Carson US 20030069591 in view of Wang CN 211381596.
Regarding claim 3, Carson teaches an actuator for the hip replacement according to claim 1, however fails to teach wherein the first actuator comprises a power apparatus and a tool assembly which are detachably connected to each other. Carson teaches the rod (36) is driven into the bone [0127].
Wang teaches (31) is also driven into bone by using an electric drill in combination with (3) and (31). Wang teaches interchangeable end effectors 31 for driving into bone, while (41) is used for the acetabulum cap. Wang teaches the electric drill is detached when finished being used.
It 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 to modify Carson in view of Wang as Wang also teaches a known orthopedic surgical device utilizing multiple end effectors wherein the cutting tool includes a drill which cuts through bone faster.
Regarding claim 4, the combination of Carson and Wang teaches an actuator for the hip replacement according to claim 3, wherein the power apparatus comprises a built-in power assembly (electric drill of Wang), the power assembly comprises a power source and an output shaft, and the output shaft is connected to the power source (see figure 1); the tool assembly comprises a connecting part and a surgical tool (31), the surgical tool is rotatably provided on the connecting part (as a drill would cause), and the tool assembly is detachably provided on the power apparatus by the connecting part (see figure 1); and when the tool assembly is connected to the power apparatus through the connecting part, the surgical tool is joined to the output shaft to receive rotation movement output by the output shaft (as a drill would cause).
Regarding 5, the combination of Carson and Wang teaches an actuator for the hip replacement according to claim 4, wherein a radial positioning structure is further provided between the surgical tool and the power apparatus. As the tool is connected and the power apparatus are connected (see figure 1) they are radially positioned. This claim does not require any particular radial position.
Regarding claim 6, the combination of Carson and Wang teaches an actuator for the hip replacement according to claim 4, wherein the connecting part is connected with the power apparatus through a rotating joint structure (2 rotates due to drill), to form an axial and circumferential limit to the connecting part – drill is placed at 5 and imparts rotation relative to drill thus forming axial limit (drill does not rotate).
Regarding claim 7, the combination of Carson and Wang teaches an actuator for the hip replacement according to claim 6, wherein the rotating joint structure comprises a spiral groove (accepts pin (4) of Wang) provided on a circumferential face and a positioning pin (4), and the spiral groove is used for guiding the positioning pin and comprises a limiting part (the fit limits) for limiting an axial direction and a circumferential direction of the positioning pin.
It 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 to use the pin connection as taught by Wang as to permit interchangeable end effectors.
Regarding claim 8, the combination of Carson and Wang teaches an actuator for the hip replacement according to claim 4, wherein a positioning module is provided between the connecting part and the power apparatus, to form a predetermined acting force between the connecting part and the power apparatus. The predetermined force is the force between the elements, Applicant has not claimed more than various elements are connected and there is a force between them – not any particular force. However, sufficient force to connect the elements must be present.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Carson US 20030069591 in view of Quaid US 20080010705.
Regarding claim 20, Carson teaches a surgical system, comprising: an actuator which is the actuator for the hip replacement according to claim 1;
Carson fails to teach a robotic arm, connected to the first connector of the actuator; a navigation system, configured to measure a position of the actuator; and a controlling system, configured to drive the robotic arm to move the actuator to a target position according to a surgical plan.
Quaid teaches that robotic (DAVINCI) surgical devices are well known with robotic arms to control instruments, determining locations, navigating, controlling, etc [0034-0042 inter alia].
Allowable Subject Matter
Claims 9-19 are 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.
Although Carson and Wang are directed to orthopedic surgical methods, they fail to teach the specific prosthesis installation components for a hip (claim 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY REGINA WEISBERG whose telephone number is (571)270-5500. The examiner can normally be reached M-F 8:15-4:15.
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/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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