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 . This action is in response to the set of claims received on November 4, 2024. Claims 1-11 are currently pending.
Claim Objections
Claim 6 is objected to because of the improper statutory dependency. Claim 6 recites: “The surgical robot system of claim 1; however, claim 1 is directed to a method. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 7-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Merette et al. (US Publication 2018/0132949), hereinafter “Merette”.
Regarding claim 1, Merette discloses a method of performing a ligaments balancing with a surgical robotic system [paragraph 0017], the method comprising: determining, at a controller of a surgical robotic system (10, Figure 1), ligaments balancing at a joint based on a plurality of measurements of a feedback signal transmitted by a force and/or torque sensor apparatus of the surgical robotic system, wherein the feedback signal indicates an amount of force and/or torque that is being applied to one or more of a robot arm of the surgical robotic system or a joint manipulation arm of the surgical robotic system [paragraphs 0026-0028]; and outputting, at the controller, information characterizing the ligaments, wherein determining the ligaments balancing is based on measuring an indication of the feedback signal of the amount of force and/or torque that is applied to the joint while the joint is moved in a defined range of motion [paragraphs 0026-0028].
Regarding claim 2, Merette discloses wherein determining the ligaments balancing comprises performing a pre-implant determination of ligaments balancing and outputting information comprises outputting pre-implant information characterizing ligaments balancing at the joint before surgical placement of an implant in the joint [paragraphs 0025, 0029 and 0037].
Regarding claim 3, Merette discloses wherein determining the ligaments balancing comprises performing a post-implant determination of ligaments balancing and outputting information comprises outputting post-implant information characterizing ligaments balancing at the joint after surgical placement of the implant in the joint [paragraphs 0025, 0044-0045].
Regarding claim 4, Merette discloses comprising displaying an indication of the defined range of motion that the joint needs to be moved through during the pre-implant determination of ligaments [paragraph 0043].
Regarding claim 5, Merette discloses comprising displaying to the operator a further indication of a present tracked location of the joint being moved by the operator and/or by the surgical robot in the defined range of motion [paragraph 0043].
Regarding claim 7, Merette discloses comprising generating the outputted information to characterize mechanical properties of the ligaments and/or points where the ligaments attach to one or more bones [paragraph 044].
Regarding claim 8, Merette discloses comprising processing the pre-implant information to determine and output to an operator at least one of: a candidate position for the implant in the joint [paragraph 0019]; a candidate size of the implant [paragraph 0019]; and a candidate type of the implant.
Regarding claim 9, Merette discloses, comprising: accessing a knowledge database (i.e., 3D model files) using the pre-implant information to determine the at least one of: the candidate position for the implant in the joint; the candidate size of the implant; and the candidate type of the implant, wherein the knowledge database defines relationships between different sets of ligaments balancing values for a baseline joint and at least one of: different sets of preferred positions for an implant in the baseline joint; different sets of preferred implant sizes; and different sets of preferred implant types [paragraphs 0028-0031].
Regarding claim 10, Merette discloses comprising performing a pre-implant determination of ligaments balancing to output pre-implant information characterizing ligaments balancing at the joint before surgical placement of an implant in the joint, based on movement of the joint in the defined ROM while measuring the feedback signal indication of the amount of force and/or torque [paragraphs 0025-0026]; and processing the pre-implant information to determine and output to an operator at least one of a preferred joint surgical cut plan [paragraph 0026] and a prediction characterizing an outcome of the preferred joint surgical cut plan [paragraph 0027].
Regarding claim 11, Merette discloses a computer program product comprising a non-transitory computer readable medium storing program instructions executable by at least one processor of a surgical robot system including a surgical robot with a robot arm connected to move a joint manipulation arm to apply force and/ or torque to a joint connecting an appendage of a patient, the program instructions when executed by the at least one processor operate to: obtain, from a force and/or torque sensor apparatus, a feedback signal providing an indication of an amount of force and/or torque that is being applied to the robot arm and/or the joint manipulation arm [paragraph 0027]; and determine ligaments balancing at the joint based on a plurality of measurements of the feedback signal [paragraphs 0025-0026], and to output information characterizing the ligaments balancing[paragraph 0027].
Allowable Subject Matter
Claim 6 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANA S JONES whose telephone number is (571)270-5963. The examiner can normally be reached Monday to Friday (8am to 4pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Diana Jones/Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775
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