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
Claims 1 and 16 are objected to because of the following informalities:
Claims 1 and 16 should recite --a bone-- in lines 7 and 3, respectively.
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.
Claims 1-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farrar, et al., US 20060155291 A1.
Regarding claims 1 and 16, Farrar teaches an apparatus (see figs. 1-2 and [0025]) and a method of forming and using the apparatus with respect to claim 16, comprising: a first body (guide part 6), the first body defining a bore (holes 8 of fig. 1), the bore having a first length (see figs. 1 and 2); a position sensor fixed relative to the first body [0018], the position sensor being configured to generate a signal indicating a real-time position of the position sensor within three-dimensional space [0018]; and a screw, the screw being sized to fit in the bore and secure the first body to bone of a patient, the screw having a second length, the first length being greater than the second length [0004].
Regarding claim 2, Farrar further teaches wherein the first body has an oblong shape (see figs. 1 and 2).
Regarding claim 3, Farrar further teaches wherein the bore is positioned off-center, near a lateral end of the oblong shape (see positions of the holes 8 in figs. 1-2).
Regarding claim 4, Farrar further teaches wherein the first body further comprises: a mounting cylinder defining the bore, and a cylindraceous recess around a proximal end of the mounting cylinder (see figs. 1-2).
Regarding claim 5, Farrar further teaches an outer cylinder mounted to the mounting cylinder ([0030] and figs. 1-2).
Regarding claim 6, Farrar further taches wherein: the outer cylinder has an opening with an inner diameter, the screw has a head with a head outer diameter and a shaft with a shaft outer diameter, and the inner diameter of the opening is smaller than the head outer diameter but at least as large as the shaft outer diameter ([0004] discloses screws which conventionally have the features outlined).
Regarding claim 7, Farrar further teaches a traction feature, wherein the traction feature is configured to engage bone or tissue of a patient and thereby prevent the first body from rotating about an axis of the bore (abstract discloses a fixation part).
Regarding claim 8, Farrar further teaches wherein the traction feature comprises one or more spikes (see figs. 1-2).
Regarding claim 9, Farrar further teaches wherein the traction feature extends integrally from the first body [0025].
Regarding claim 10, Farrar further teaches a cylinder extending from the first body, wherein the traction feature extends integrally from the cylinder (see figs. 1-2).
Regarding claim 11, Farrar further teaches a cable extending from the first body, wherein the cable is configured to communicate signals from the position sensor to a processor ([0019] describes a signal generator connected to the drive and hence would necessarily include a communication/electrical connection).
Regarding claim 12, Farrar further teaches a second body, wherein the position sensor is positioned within the second body (see figs. 1-2 and [0032]).
Regarding claim 13, Farrar further teaches wherein the second body is fixedly secured to the first body by complementary coupling features (see figs. 1-2 for slot 10).
Regarding claim 14, Farrar further teaches wherein the complementary coupling features comprise luer lock features [0028].
Regarding claim 15, Farrar further teaches wherein the first body defines a central axis, wherein the bore extends along the central axis (see holes 8 of figs. 1-2).
Regarding claim 17, Farrar further teaches wherein forming an opening in soft tissue comprises pressing a skin punch through the soft tissue, the skin punch having an annular distal cutting edge [0008].
Regarding claim 18, Farrar further teaches engaging one or more traction features with tissue of the patient, the one or more traction features being configured to resist rotation of the first body about an axis (the screw are threaded and provide the claimed traction feature [0004]).
Regarding claim 19, Farrar further teaches wherein the one or more traction features engage bone tissue (the screw are threaded and provide the claimed traction feature [0004]).
Regarding claim 20, Farrar further teaches wherein the one or more traction features comprise one or more spikes (the screw are threaded and provide the claimed traction feature [0004]).
Regarding claim 21, Farrar further teaches wherein the soft tissue and the bone are located on a head of the patient (abstract).
Regarding claim 22, Farrar further teaches adjusting a configuration of the patient tracker based on a thickness of the soft tissue [0032].
Regarding claim 23, Farrar further teaches wherein: the patient tracker further comprises a cylinder, and adjusting a configuration of the patient tracker based on a thickness of the soft tissue comprises moving the cylinder relative to the first body (see figs. 1-2).
Regarding claim 24, Farrar further teaches wherein: the cylinder is threadably coupled with the first body, and moving the cylinder relative to the first body comprises rotating the cylinder relative to the first body [0004].
Regarding claim 25, Farrar further teaches wherein the position sensor is contained within the first body [0032].
Regarding claim 26, Farrar further teaches wherein the position sensor is contained within a second body, further comprising coupling the second body with the first body [0032].
Regarding claim 27, Farrar further indicates wherein: the first body comprises a first luer feature, the second body comprises a second luer feature, and coupling the second body with the first body comprises coupling the first luer feature with the second luer feature [0028].
Regarding claim 28, Farrar further teaches wherein the second body covers an open proximal end of the bore after the second body is coupled with the first body, thereby covering the head of the screw [0004].
Regarding claim 29, Farrar further teaches inserting a working instrument into the patient while the first body of the patient tracker is fixedly secured to the bone, the working instrument including a position sensor; and tracking a real-time position of the working instrument within the patient within three-dimensional space, based on signals from the position sensor of the working instrument, while simultaneously tracking a real-time position of the patient within three-dimensional space, based on signals from the position sensor of the patient tracker [0020].
Conclusion
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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