I. Regarding claims 18 and 21, the term “preprogramed” may be replaced with the more common “preprogrammed” or it may optionally be left as is.
II. The disclosure is objected to because of the following informalities: Since the use of term “interoperative” is relatively rare, it may unclear whether this term (e.g. para. [0008]) was intended to be the more common “intraoperative.” It may also be unclear whether this term was intended to mean: 1. in between surgeries, 2. during surgery, or 3. in between surgeries or during surgery. As the term “intraoperative” is also used (e.g. para. [0021]), it can be unclear as to whether or not the term “interoperative” was the result of a typographical error.
III. Claims 2 and 10 are objected to because of the following informalities: it appears that “a side of a lateral side” should be “a lateral side” to correct an apparent typographical error.
IV. 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 3, 5, 8-15 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.
Regarding claims 3 and 11, there is no antecedent basis for “said end effector”. It is believed these claims were intended to depend on claims 2 and 10, respectively.
Regarding claims 5, 8, 9, and 13, as the use of term “interoperative” is relatively rare, it is unclear whether this term was intended to be the more common “intraoperative,” or whether the term was intended to mean: 1. in between surgeries, 2. during surgery, or 3. in between surgeries or during surgery.
V. Claims 1, 4, 6, 7 and 16-21 are allowed. Claims 3, 5, and 8-15 would be allowable upon resolution of the above matters.
VI. The following is an examiner’s statement of reasons for allowance or the indication of allowable subject matter: The claims distinguish over closest prior art cited in the 892. In an exemplary prior art reference, Kostrzewski (US 2015/0100066) discloses a method/apparatus involving a robotic arm (e.g. 310) and a surgical instrument (e.g. 210), but fails to disclose at least aspects related to a passive arm, an actuatable section, a tibiofibular joint, and relationships thereof as claimed. There would have been no obvious reason(s) to modify the Kostrzewski method/apparatus to satisfy at least this/these and/or each of applicant’s claimed limitations without the use of impermissible hindsight reasoning. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
VII. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN A. SEVILLA whose telephone number is (571)270-5621. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN T. TRUONG, at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTIAN A SEVILLA/ Primary Examiner, Art Unit 3775
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