Prosecution Insights
Last updated: April 19, 2026
Application No. 18/944,193

SURGICAL PRODUCT SUPPLY SYSTEM AND METHOD

Non-Final OA §102
Filed
Nov 12, 2024
Examiner
LEE, SEUNG H
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Gramercy Extremity Orthopedics LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
1030 granted / 1179 resolved
+19.4% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
35 currently pending
Career history
1214
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
33.0%
-7.0% vs TC avg
§102
36.1%
-3.9% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1179 resolved cases

Office Action

§102
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 . Prelim. Amdt./Amendment Receipt is acknowledged of the Preliminary Amendment filed on January 23, 2025. 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)(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) 34-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caputo et al. (US 2016/0042313, cited by the applicant). Re claim 34: Caputo teaches a method of controlling inventory levels of a surgical product supply system (340) including, a remote server (429), a first CART (341) having a first storage area (342), a second CART having a second storage area (i.e., the duplicate of the cart (341) does not particularly shown, however, managing of a plurality of carts are needed (paragraph 0024)), a plurality of medical item serving as a plurality of surgical items associated with a plurality of tags (326), respectively, that are received and stored in the first and second storage areas including a first plurality of tags associated with a first plurality of surgical items in the first storage area, a RFID reader (344) serving as a first sensor associated with the first cart and a second sensor associated with the second CART (i.e., the duplicate of cart (341) also comprising the RFID reader (344)), the method comprising receiving a first CART inventory level from the first CART at the remote server based on a scan made by the first sensor, the first CART inventory level including the first plurality of surgical items, the first plurality of tags including a first plurality of package expiration dates (418) associated with the first plurality of surgical items (paragraph 0132); analyzing the first plurality of package expiration dates to identify a first package expiration date associated with a first surgical item (paragraph 131); and communicating a first expiration alert to the first CART when the first surgical item is nearing the first package expiration date, the first expiration alert including one of a first item part number and a first serial number of the first surgical item and the first package expiration date (paragraph 0142, 0143) (see figs. 23-30; paragraphs 0117-0143). Re claim 35: Wherein the first CART includes first CART software, the first CART software configured to provide indication of expiration of the medical articles which serves as disallowing consumption of the first surgical item on the first package expiration date (paragraphs 0029, 0142). Re claim 36: The method further comprising the duplicate of the cart (341) serving as a second CART comprising receiving a second CART inventory level from the second CART at the remote server (429) based on a scan made by a RFID reader (344) serving as the second sensor, the second CART inventory level including a plurality of medical item serving as a second plurality of surgical items of the plurality of surgical items positioned in the second storage area (342), the second plurality of surgical items associate with a second plurality of tags (326), the second plurality of tags including a second plurality of package expiration dates (418) associated with the second plurality of surgical items(paragraph 0132); analyzing the second plurality of package dates to identify a second package expiration date associated with a second surgical item (paragraph 131); and communicating a second expiration alert to the second CART when the second surgical item is nearing the second package expiration date, the second expiration alert including one of a first item part number and a second serial number of the second surgical item and the second package expiration date (paragraph 0142, 0143) (see figs. 23-30; paragraphs 0117-0143). Re claim 37: Wherein the first and second CART item consumption information is determined by scanning the first and second storage areas with antenna arrays (64, 66, 68) of the first and second CARTs (fig. 4; paragraph 0070). Re claim 38: Wherein the first surgical item is associated with a first tag, the first tag including the first package expiration date, the first item part number and the first serial number, the first tag comprised of a first RFID tag (418)(fig. 27). Re claim 39: Wherein the first CART includes first CART software, the first CART software configured to disallow consumption of the first surgical item within selected period of days serving as an expiration lead time (fig. 30, paragraph 0136). Re claim 40: Wherein the first plurality of package expiration dates are utilized to identify surgical items of the first plurality of surgical items that are one of recalled and require refurbishment (paragraph 0137). Allowable Subject Matter Claims 21-33 are allowed. The following is an examiner’s statement of reasons for allowance: None of prior art teaches a method of controlling inventory levels of a surgical product supply system including, a remote server, a first CART having a first storage area, a second CART having a second storage area, a plurality of surgical items associated with a plurality of tags, respectively, that are stored in the first and second storage areas, a first sensor associated with the first cart and a second sensor associated with the second CART comprising receiving a first CART inventory level from the first CART at the remote server based on a scan made by the first sensor, the first CART inventory level including a first plurality of surgical items of the plurality of surgical items positioned in the first storage area; receiving a second CART inventory level from the second CART at the remote server based on a scan made by the second sensor, the second CART inventory level including a second plurality of surgical items of the plurality of surgical items positioned in the second storage area; receiving surgical schedules associated with the first and second CARTs; and predicting a required inventory level for the first and second CARTs to support the surgical schedules based on the surgical schedules as set forth in the claims. 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.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ramsey et al. (US 2014/0188496) teaches a method of managing cart in a healthcare setting. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEUNG H LEE whose telephone number is (571)272-2401. The examiner can normally be reached 7-4:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SEUNG H LEE/Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Nov 12, 2024
Application Filed
Nov 12, 2024
Response after Non-Final Action
Jan 23, 2025
Response after Non-Final Action
Feb 21, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+11.0%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 1179 resolved cases by this examiner. Grant probability derived from career allow rate.

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