Detailed Action
This is the first office action on the merits for US application number 18/950,103.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the driver comprising a distal end, a proximal end, an outer shaft with a threaded portion, an inner shaft comprising a drive tip, and a sleeve in claim 1 lines 9-14, the driver comprising a distal end, a proximal end, a sleeve, an outer shaft with a threaded portion, and an inner shaft in claim 8 lines 4-11, “the outside diameter is configured to provide a bearing surface shaped to contact the end effector; and the array is configured to be received on the proximal end of the driver and secured to the outer shaft” of claim 8 lines 14-17, “the sleeve further comprises a first arm length, wherein the first arm length is less than or equal to the second arm length” of claim 14 lines 1-2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “drive feature” in claim 1 line 6 and “drive feature” in claim 15 line 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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(s) 1-20 is/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 pre-AIA the applicant regards as the invention.
Examiner suggests review of claim language to ensure that the claimed invention at least broadly represents Applicant’s disclosed invention. Examiner has attempted to identify all the discrepancies herein; however, due to the large volume some may have been inadvertently missed.
Claim(s) 1 is/are unclear with regards to “the surgical system comprising: the surgical screw” in lines 1-3 and how the positively recited system can be reasonably construed to comprise the functionally recited screw of line 1. Claim 1 is further unclear as to “the surgical screw comprising: a screw head ….; and a driver comprising:” and if the driver is intended to be a positively recited component of the system or part of the functionally recited screw. Examiner is interpreting this as referring to, and suggests amending as,
“A surgical system configured for placement of a surgical screw into a bone, the surgical screw comprising: a screw head and a screw body, the screw head comprising a screw head diameter, a first arm, a second arm, and an inside thread, the screw body coupled with the screw head and comprising a drive feature and a threaded portion configured to engage the bone, the surgical system comprising:
a driver comprising:”
Claim(s) 1 is/are unclear with regards to a driver comprising a distal end, a proximal end, an outer shaft with a threaded portion, an inner shaft comprising a drive tip, and a sleeve in lines 9-14 relative to the disclosed device. That is, as disclosed in paragraph 130, the proximal end comprises diameter 114 and portion 115 of the inner shaft 110 and diameter 128 and portion 123 of outer shaft 120. The disclosure does not specifically identify the intended distal end other than being configured to engage screw 190. Thus, it appears that the disclosed distal end and proximal end are not in addition to the outer shaft, threaded portion, inner shaft, drive tip, and sleeve as claimed, but are instead portions/regions of the outer shaft, inner shaft, and sleeve. Examiner is interpreting this as referring to, and suggests amending as,
“
an outer shaft comprising a distal end with a threaded portion configured to engage the inside thread and a proximal end opposite the distal end;
an inner shaft comprising a distal end with a drive tip configured to engage the drive feature and a proximal end opposite the distal end of the inner shaft; and
a sleeve comprising a proximal end configured to be received within an end effector of a robotic assisted surgical device and a distal end opposite the proximal end of the sleeve, the sleeve comprising an outside diameter and an inside diameter;”.
Claim(s) 1 is/are unclear with regards to “the outside diameter is greater than or equal to the screw head diameter; the inside diameter is less than the screw head diameter” in lines 17-18 and how the outside diameter can be greater than or equal to but the inside diameter is less than the screw head diameter. That is, it is unclear how one can reasonably assert that it is physically possible for the outside to be both larger than a size and the inside is smaller than the size using the ordinary interpretation of outside/inside or how such is supported for Applicant’s device. Examiner is interpreting this as intended to refer to different diameters of the screw head, i.e. that the inner diameter of the sleeve is less than an inner diameter of the screw head, and suggests amending to clarify.
Claim(s) 3 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the outer shaft so that rotation of the thumb wheel results in rotation of the outer shaft” in lines 1-3 and how thumbwheel 150 can be reasonably construed to be both removably received on a proximal end and engaged with the outer shaft 120. Examiner is interpreting this as referring to, and suggests amending as, “configured to be
Claim(s) 4 is/are unclear with regards to “the array is configured to be received on the proximal end of the driver and secured to the outer shaft” in lines 2-3 and how array 180 can be reasonably construed to be both received on the proximal end of the driver and secured to the outer shaft. Examiner is interpreting this as referring to, and suggests amending as, “the array is configured to be
Claim(s) 5 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the inner shaft” in lines 1-2 and how handle 170 can be reasonably construed to be both removably received on the proximal end of the driver and engaged with the inner shaft. Examiner is interpreting this as referring to, and suggests amending as, “a handle configured to be
Claim(s) 8 is/are unclear with regards to a driver comprising a distal end, a proximal end, a sleeve, an outer shaft with a threaded portion, and an inner shaft in lines 4-11 relative to the disclosed device. That is, as disclosed in paragraph 130, the proximal end comprises diameter 114 and portion 115 of the inner shaft 110 and diameter 128 and portion 123 of outer shaft 120. The disclosure does not specifically identify the intended distal end other than being configured to engage screw 190. Thus, it appears that the disclosed distal end and proximal end are not in addition to the sleeve, outer shaft, threaded portion, and inner shaft as claimed, but are instead portions/regions of the outer shaft, inner shaft, and sleeve. Examiner is interpreting this as referring to, and suggests amending as,
“
a sleeve comprising a proximal end configured to be received within an end effector of a robotic assisted surgical device and a distal end opposite the proximal end of the sleeve, the sleeve comprising an outside diameter and an inside diameter;
an outer shaft configured to be received in the sleeve, the outer shaft [[and]] comprising a proximal end opposite a distal end with a threaded portion configured to threadably engage the surgical screw;
an inner shaft configured to be received in the outer shaft and rotatable independently of the outer shaft, the inner shaft comprising a proximal end opposite a distal end; and”.
Claim(s) 8 is/are unclear with regards to “the array is configured to be received on the proximal end of the driver and secured to the outer shaft” in lines 16-17 and how array 180 can be reasonably construed to be both received on the proximal end of the driver and secured to the outer shaft. Examiner is interpreting this as referring to, and suggests amending as, “the array is configured to be
Claim(s) 9 is/are unclear with regards to “the outside diameter is greater than or equal to the screw head diameter; and the inside diameter is less than the screw head diameter” in lines 5-6 and how the outside diameter can be greater than or equal to but the inside diameter is less than the screw head diameter. That is, it is unclear how one can reasonably assert that it is physically possible for the outside to be both larger than a size and the inside is smaller than the size using the ordinary interpretation of outside/inside or how such is supported for Applicant’s device. Examiner is interpreting this as intended to refer to different diameters of the screw head, i.e. that the inner diameter of the sleeve is less than an inner diameter of the screw head, and suggests amending to clarify.
Claim(s) 11 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the outer shaft so that rotation of the thumb wheel results in rotation of the outer shaft” in lines 1-3 and how thumbwheel 150 can be reasonably construed to be both removably received on a proximal end and engaged with the outer shaft 120. Examiner is interpreting this as referring to, and suggests amending as, “configured to be
Claim(s) 12 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the inner shaft” in lines 1-2 and how handle 170 can be reasonably construed to be both removably received on the proximal end of the driver and engaged with the inner shaft. Examiner is interpreting this as referring to, and suggests amending as, “a handle configured to be
Claim(s) 13 is/are unclear with regards to “the sleeve further comprises a third arm and a fourth arm and the sleeve further comprises a first arm and a second arm,” in lines 1-2 and how the sleeve can be reasonably construed to comprise the disclosed “first arm 192 and second arm 193” of the screw 190 of paragraph 131 as shown in Fig. 13C. Examiner is interpreting this as referring to, and suggests amending as, “the sleeve further comprises a third arm and a fourth arm and the screw further comprises a first arm and a second arm”.
Claim(s) 14 is/are unclear with regards to “the sleeve further comprises a first arm length” in lines 2-3 and how one can reasonably construe the sleeve to comprise a length of the first arm for the disclosed “first arm 192 and second arm 193” of the screw 190 of paragraph 131 as shown in Fig. 13C. Examiner is interpreting this as meaning that a length of an arm of the sleeve, elsewhere claimed as a third arm or a fourth arm, is shorter than a length of the second arm of the screw head and suggests amending to clarify.
Claim(s) 15 is/are unclear with regards to “the surgical system comprising: the surgical screw” in lines 1-3 and how the positively recited system can be reasonably construed to comprise the functionally recited screw of line 1. Claim 15 is further unclear as to “the surgical screw comprising: a screw head ….; and a driver comprising:” and if the driver is intended to be a positively recited component of the system or part of the functionally recited screw. Examiner is interpreting this as referring to, and suggests amending as,
“A surgical system configured for placement of a surgical screw into a bone, the surgical screw comprising: a screw head comprising a first arm, a second arm, and an inside thread, a screw body coupled with the screw head and comprising a drive feature and a threaded portion configured to engage the bone, the surgical system comprising:
a driver comprising:”
Claim(s) 15 is/are unclear with regards to a driver comprising a distal end, a proximal end, an outer shaft with a threaded portion, an inner shaft comprising a drive tip, and a sleeve in lines 8-14 relative to the disclosed device. That is, as disclosed in paragraph 130, the proximal end comprises diameter 114 and portion 115 of the inner shaft 110 and diameter 128 and portion 123 of outer shaft 120. The disclosure does not specifically identify the intended distal end other than being configured to engage screw 190. Thus, it appears that the disclosed distal end and proximal end are not in addition to the outer shaft, threaded portion, inner shaft, drive tip, and sleeve as claimed, but are instead portions/regions of the outer shaft, inner shaft, and sleeve. Examiner is interpreting this as referring to, and suggests amending as,
“
an outer shaft comprising a distal end with a threaded portion configured to engage the inside thread and a proximal end opposite the distal end;
an inner shaft comprising a distal end with a drive tip configured to engage the drive feature and a proximal end opposite the distal end of the inner shaft; and
a sleeve comprising a proximal end configured to be received within an end effector of a robotic assisted surgical device and a distal end opposite the proximal end of the sleeve, the sleeve comprising a third arm and a fourth arm;”.
Claim(s) 16 is/are unclear with regards to “the outside diameter is greater than or equal to the screw head diameter; and the inside diameter is less than the screw head diameter” in lines 4-5 and how the outside diameter can be greater than or equal to but the inside diameter is less than the screw head diameter. That is, it is unclear how one can reasonably assert that it is physically possible for the outside to be both larger than a size and the inside is smaller than the size using the ordinary interpretation of outside/inside or how such is supported for Applicant’s device. Examiner is interpreting this as intended to refer to different diameters of the screw head, i.e. that the inner diameter of the sleeve is less than an inner diameter of the screw head, and suggests amending to clarify.
Claim(s) 17 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the outer shaft so that rotation of the thumb wheel results in rotation of the outer shaft” in lines 1-3 and how thumbwheel 150 can be reasonably construed to be both removably received on a proximal end and engaged with the outer shaft 120. Examiner is interpreting this as referring to, and suggests amending as, “configured to be
Claim(s) 18 is/are unclear with regards to “configured to be removably receivable on the proximal end of the driver and engageable with the inner shaft” in lines 1-2 and how handle 170 can be reasonably construed to be both removably received on the proximal end of the driver and engaged with the inner shaft. Examiner is interpreting this as referring to, and suggests amending as, “a handle configured to be
Claim(s) 20 is/are unclear with regards to “the array is configured to be received on the proximal end of the driver and secured to the outer shaft” in lines 2-3 and how array 180 can be reasonably construed to be both received on the proximal end of the driver and secured to the outer shaft. Examiner is interpreting this as referring to, and suggests amending as, “the array is configured to be
Claim(s) 2, 6, 7, 10, and 19 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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.
(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.
Claim(s) 1, 2, 6, 8-10, 13-16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elliott et al. (US 2020/0121397, hereinafter “Elliott”).
As to claim 1, Elliott discloses a surgical system (Figs. 1-13, ¶46) capable of use in placement of a surgical screw (150, Figs. 1, 4-9, 11, and 12) into a bone (¶56), the surgical screw comprising: a screw head (102, 152, 152a) and a screw body (116), the screw head comprising a screw head diameter (Fig. 5), a first arm (104, 152), a second arm (106, 152a), and an inside thread (“thread form” on 104 and 106 as disclosed in ¶56 Fig. 5, ¶56), the screw body coupled with the screw head (Fig. 5) and comprising a drive feature (110, Fig. 4, ¶52) and a threaded portion (116) capable of engaging the bone (¶56), the surgical system comprising: a driver (12, ¶s 46-47) comprising: an outer shaft (64, 56, Figs. 2-4) comprising a distal end with a threaded portion (72) capable of engaging the inside thread (¶50) and a proximal end (upper end of 64 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the distal end (as defined, Figs. 3 and 4); an inner shaft (22) comprising a distal end with a drive tip (lower end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4) capable of engaging the drive feature (¶52) and a proximal end (upper end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the distal end of the inner shaft (as defined, Figs. 3 and 4); and a sleeve (14) comprising a proximal end (18) capable of being received within an end effector (200, Figs. 11 and 12) of a robotic assisted surgical device (R, Fig. 13, ¶s 75 and 80) and a distal end (lower end of 14 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the proximal distal end of the sleeve (as defined, Figs. 3 and 4), the sleeve comprising an outside diameter (Figs. 3 and 4) and an inside diameter (Figs. 3 and 4); wherein: the outside diameter is greater than or equal to the screw head diameter (Fig. 7); the inside diameter is less than the screw head diameter (Fig. 7); and the sleeve is further capable of receiving the first arm and the second arm (Fig. 6).
As to claim 2, Elliott discloses that the outside diameter is capable of providing a bearing surface (Fig. 8, 9, and 11, ¶s 47 and 75) shaped to contact the end effector (Fig. 9 and 11, ¶s 47 and 75).
As to claim 6, Elliott discloses that the sleeve further comprises a third arm (30, Fig. 2, ¶53) and a fourth arm (32, Fig. 2, ¶53), wherein the third arm and the fourth arm are capable of being received between the first arm and the second arm (Fig. 1 ¶s 53 and 54).
As to claim 8, Elliott discloses a surgical system (Figs. 1-13, ¶46) capable of use in placement of a surgical screw (150, Figs. 1, 4-9, 11, and 12) into a bone (¶56), the surgical system comprising: a driver (12, ¶s 46-47) comprising: a sleeve (14) comprising a proximal end (18) capable of being received within an end effector (200, Figs. 11 and 12) of a robotic assisted surgical device (R, Fig. 13, ¶s 75 and 80) and a distal end (lower end of 14 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the proximal end of the sleeve (as defined, Figs. 3 and 4), the sleeve comprising an outside diameter (Figs. 3 and 4) and an inside diameter (Figs. 3 and 4); an outer shaft (64, 56, Figs. 2-4) capable of being received in the sleeve (Fig. 2), the outer shaft comprising a proximal end (upper end of 64 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite a distal end with a threaded portion (72) capable of threading to engage the surgical screw (¶50); an inner shaft (22) capable of being received in the outer shaft (Fig. 2 shows 22 sized to be capable of being received in 64, ¶52 discloses that 22 is removably coupled to 14) and rotatable independently of the outer shaft (¶51 discloses that 64 moves relative to 14, ¶52 discloses rotating 14 to drive 22), the inner shaft comprising a proximal end (upper end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite a distal end (lower end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4); and an array (300) capable of facilitating relative motion tracking of the surgical system (¶63); wherein: the outside diameter is capable of providing a bearing surface (Fig. 8, 9, and 11, ¶s 47 and 75) shaped to contact the end effector (Fig. 9 and 11, ¶s 47 and 75); and the array is capable of being secured to the outer shaft (via 250, Figs. 7, 9, and 11, ¶62 discloses that 250 is connected to 56 such that 250 is fixed relative to 56 such that rotation of 250 also rotates 56).
As to claim 9, Elliott discloses the surgical screw that the system is capable of use in the placement thereof comprising: a screw head (102, 152, 152a) comprising a screw head diameter (Fig. 5); and a screw body (116) coupled with the screw head (Fig. 5) capable of engaging the bone (¶56); wherein: the outside diameter is greater than or equal to the screw head diameter (Fig. 7); the inside diameter is less than the screw head diameter (Fig. 7).
As to claim 10, Elliott discloses that the screw head that the system is capable of use in the placement thereof further comprises a first arm (104, 152) and a second arm (106, 152) and the sleeve is further capable of receiving the first arm and the second arm (Fig. 6).
As to claim 13, Elliott discloses that the sleeve further comprises a third arm (30, Fig. 2, ¶53) and a fourth arm (32, Fig. 2, ¶53) the screw head that the system is capable of use in the placement thereof further comprises a first arm (104, 152) and a second arm (106, 152), wherein the third arm and the fourth arm are capable of being received between the first arm and the second arm (Fig. 1, ¶s 53 and 54).
As to claim 14, Elliott discloses that the surgical screw that the system is capable of use in the placement thereof further comprises a screw head (102, 152, 152a) comprising a second arm length (Fig. 5) and a screw body (116) coupled to the screw head (Fig. 5), wherein the sleeve further comprises a first arm length (Fig. 6), wherein the first arm length is less than or equal to the second arm length (Fig. 6).
As to claim 15, Elliott discloses a surgical system (Figs. 1-13, ¶46) capable of use in placement of a surgical screw (150, Figs. 1, 4-9, 11, and 12) into a bone (¶56), the surgical screw comprising: a screw head (102, 152, 152a) comprising a first arm (104, 152), a second arm (106, 152a), and an inside thread (“thread form” on 104 and 106 as disclosed in ¶56 Fig. 5, ¶56), a screw body (116) coupled with the screw head (Fig. 5) and comprising a drive feature (110, Fig. 4, ¶52) and a threaded portion (116) capable of engaging the bone (¶56), the surgical system comprising: a driver (12, ¶s 46-47) comprising: an outer shaft (64, 56, Figs. 2-4) comprising a distal end with a threaded portion (72) capable of engaging the inside thread (¶50) and a proximal end (upper end of 64 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the distal end (as defined, Figs. 3 and 4); an inner shaft (22) comprising a distal end with a drive tip (lower end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4) capable of engaging the drive feature (¶52) and a proximal end (upper end of 22 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the distal end of the inner shaft (as defined, Figs. 3 and 4); and a sleeve (14) comprising a proximal end (18) capable of being received within an end effector (200, Figs. 11 and 12) of a robotic assisted surgical device (R, Fig. 13, ¶s 75 and 80) and a distal end (lower end of 14 as shown in Figs. 3 and 4, Figs. 3 and 4) opposite the proximal distal end of the sleeve (as defined, Figs. 3 and 4), the sleeve further comprising a third arm (30, Fig. 2, ¶53) and a fourth arm (32, Fig. 2, ¶53), wherein the third arm and the fourth arm are capable of being received between the first arm and the second arm (Fig. 1 ¶s 53 and 54).
As to claim 16, Elliott discloses that the screw head that the system is capable of use in the placement thereof comprising a screw head diameter (Fig. 5), wherein: the sleeve further comprises an outside diameter (Figs. 3 and 4) and an inside diameter (Figs. 3 and 4); the outside diameter is greater than or equal to the screw head diameter (Fig. 7); the inside diameter is less than the screw head diameter (Fig. 7); and the sleeve is further capable of receiving the first arm and the second arm (Fig. 6).
As to claim 19, Elliott discloses that the sleeve further comprises an outside diameter (Figs. 3 and 4); wherein: the outside diameter is capable of providing a bearing surface (Fig. 8, 9, and 11, ¶s 47 and 75) shaped to contact the end effector (Fig. 9 and 11, ¶s 47 and 75).
As to claim 20, Elliott discloses an array (300) capable of facilitating relative motion tracking of the surgical system (¶63); wherein: the array is capable of being secured to the outer shaft (via 250, Figs. 7, 9, and 11, ¶62 discloses that 250 is connected to 56 such that 250 is fixed relative to 56 such that rotation of 250 also rotates 56).
Claim(s) 1, 3-5, 7, 8, 11, 12, 15, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elsawah et al. (US 2023/0141374, hereinafter “Elsawah”)
As to claim 1, Elsawah discloses a surgical system (Figs. 1-26, abstract) capable of use in placement of a surgical screw (102, Figs. 1, 2, 15, 16, 13-15, 19, 20, and 23) into a bone (¶90), the surgical screw comprising: a screw head (114, Fig. 19) and a screw body (112, Fig. 19), the screw head comprising a screw head diameter (Fig. 19), a first arm (left portion of 114 as shown in Fig. 20, Fig. 20), a second arm (right portion of 114 as shown in Fig. 20, Fig. 20), and an inside thread (1602, Figs. 15 and 16, ¶111), the screw body coupled with the screw head (Fig. 16) and comprising a drive feature (1604, Fig. 16, ¶111) and a threaded portion (threaded shaft of 112, Fig. 16, ¶111) capable of engaging the bone (¶90), the surgical system comprising: a driver (100, Figs. 1-26, ¶90) comprising: an outer shaft (108, Figs. 2-4, 12A-16, and 21-23, ¶108) comprising a distal end with a threaded portion (304/1204) capable of engaging the inside thread (Fig. 16, ¶11) and a proximal end (1218, Figs. 12A-14) opposite the distal end (as defined, Figs. 12A-14); an inner shaft (104, Figs. 5A-6) comprising a distal end with a drive tip (302, Figs. 5A-6) capable of engaging the drive feature (Fig. 16, ¶96) and a proximal end (502, Figs. 5A-6) opposite the distal end of the inner shaft (as defined, Figs. 5A-6); and a sleeve (110, Figs. 17A-18) comprising a proximal end (portion of 1101 between 1706s and 1704s, Figs. 17A-18) capable of being received within an end effector (due to the structure shown in Figs. 17A-18 such is capable of being received in an appropriately sized opening) of a robotic assisted surgical device (if one so chooses to insert therein) and a distal end (1704s, 17A-18) opposite the proximal distal end of the sleeve (as defined, 17A-18), the sleeve comprising an outside diameter (Fig. 19) and an inside diameter (Figs. 16 and 18), wherein: the outside diameter is greater than or equal to the screw head diameter (Fig. 19; wherein at least the outer diameter of 1706 is shown to be greater than the outer diameter of 114 in Fig. 19); the inside diameter is less than the screw head diameter (Fig. 16); and the sleeve is further capable of receiving the first arm and the second arm (between 1704s, Figs. 16 and 19).
As to claim 3, Elsawah discloses a thumb wheel (1206, ¶108) capable of being engaged with the outer shaft (Figs. 12A-14) so that rotation of the thumb wheel results in rotation of the outer shaft (¶108), wherein the outer shaft is capable of rotating independently of the sleeve (in as much as Applicant’s ¶117) capable of facilitating threaded engagement and threaded disengagement of the surgical screw (¶s 108 and 111).
As to claim 4, Elsawah discloses an array (2510, Figs. 25 and 26) capable of facilitating relative motion tracking of the surgical system (¶122), wherein the array is capable of being secured to the outer shaft (via 106/2502 and 104/2504, Fig. 25, ¶122).
As to claim 5, Elsawah discloses a handle (106, 1100) capable of being engaged with the inner shaft (¶105) so that rotation of the handle results in rotation of the inner shaft (¶105).
As to claim 7, Elsawah discloses that the inner shaft is capable of rotating independently of the outer shaft and the sleeve (Fig. 16, ¶s 114 and 117).
As to claim 8, Elsawah discloses a surgical system (Figs. 1-26, abstract) capable of use in placement of a surgical screw (102, Figs. 1, 2, 15, 16, 13-15, 19, 20, and 23) into a bone (¶90), the surgical system comprising: a driver (100, Figs. 1-26, ¶90) comprising: a sleeve (110, Figs. 17A-18) comprising a proximal end (portion of 1101 between 1706s and 1704s, Figs. 17A-18) capable of being received within an end effector (due to the structure shown in Figs. 17A-18 such is capable of being received in an appropriately sized opening) of a robotic assisted surgical device (if one so chooses to insert therein) and a distal end (1704s, 17A-18) opposite the proximal distal end of the sleeve (as defined, 17A-18), the sleeve comprising an outside diameter (Fig. 19) and an inside diameter (Figs. 16 and 18); an outer shaft (108, Figs. 2-4, 12A-16, and 21-23, ¶108) capable of being received in the sleeve (Fig. 16), the outer shaft comprising a proximal end (1218, Figs. 12A-14) opposite a distal end with a threaded portion (304/1204) capable of threadedly engaging the surgical screw (Fig. 16, ¶11); an inner shaft (104, Figs. 5A-6) capable of being received in the outer shaft (Fig. 16) and capable of rotating independently of the outer shaft (¶s 114 and 117), the inner shaft comprising a proximal end (502, Figs. 5A-6) opposite a distal end (302, Figs. 5A-6); and an array (2510, Figs. 25 and 26) capable of facilitating relative motion tracking of the surgical system (¶122), wherein: the outside diameter is capable of being providing a bearing surface (due to the structure shown in Figs. 17A-18 such is capable of being received in an appropriately sized opening) shaped to contact an end effector (if one so chooses to insert therein); wherein the array is capable of being secured to the outer shaft (via 106/2502 and 104/2504, Fig. 25, ¶122).
As to claim 11, Elsawah discloses a thumb wheel (1206, ¶108) capable of being engaged with the outer shaft (Figs. 12A-14) so that rotation of the thumb wheel results in rotation of the outer shaft (¶108), wherein the outer shaft is capable of rotating independently of the sleeve (in as much as Applicant’s, ¶117) capable of facilitating threaded engagement and threaded disengagement of the surgical screw (¶s 108 and 111).
As to claim 12, Elsawah discloses a handle (106, 1100) capable of being engaged with the inner shaft (¶105) so that rotation of the handle results in rotation of the inner shaft (¶105).
As to claim 15, Elsawah discloses a surgical system (Figs. 1-26, abstract) capable of use in placement of a surgical screw (102, Figs. 1, 2, 15, 16, 13-15, 19, 20, and 23) into a bone (¶90), the surgical screw comprising: a screw head (114, Fig. 19) comprising a first arm (left portion of 114 as shown in Fig. 20, Fig. 20), a second arm (right portion of 114 as shown in Fig. 20, Fig. 20), and an inside thread (1602, Figs. 15 and 16, ¶111), a screw body (112, Fig. 19) coupled with the screw head (Fig. 16) and comprising a drive feature (1604, Fig. 16, ¶111) and a threaded portion (threaded shaft of 112, Fig. 16, ¶111) capable of engaging the bone (¶90), the surgical system comprising: a driver (100, Figs. 1-26, ¶90) comprising: an outer shaft (108, Figs. 2-4, 12A-16, and 21-23, ¶108) comprising a distal end with a threaded portion (304/1204) capable of engaging the inside thread (Fig. 16, ¶11) and a proximal end (1218, Figs. 12A-14) opposite the distal end (as defined, Figs. 12A-14); an inner shaft (104, Figs. 5A-6) comprising a distal end with a drive tip (302, Figs. 5A-6) capable of engaging the drive feature (Fig. 16, ¶96) and a proximal end (502, Figs. 5A-6) opposite the distal end of the inner shaft (as defined, Figs. 5A-6); and a sleeve (110, Figs. 17A-18) comprising a proximal end (portion of 1101 between 1706s and 1704s, Figs. 17A-18) capable of being received within an end effector (due to the structure shown in Figs. 17A-18 such is capable of being received in an appropriately sized opening) of a robotic assisted surgical device (if one so chooses to insert therein) and a distal end (1704s, 17A-18) opposite the proximal distal end of the sleeve (as defined, 17A-18), the sleeve comprising a third arm (left 1704 as shown in Fig. 17B, Fig. 17B) and a fourth arm (right 1704 as shown in Fig. 17B, Fig. 17B); the third arm and fourth arm are capable of being received between the first arm and the second arm (Figs. 16 and 19).
As to claim 18, Elsawah discloses a thumb wheel (1206, ¶108) capable of being engaged with the outer shaft (Figs. 12A-14) so that rotation of the thumb wheel results in rotation of the outer shaft (¶108), wherein the outer shaft is capable of rotating independently of the sleeve (in as much as Applicant’s ¶117) capable of facilitating threaded engagement and threaded disengagement of the surgical screw (¶s 108 and 111).
As to claim 18, Elsawah discloses a handle (106, 1100) capable of being engaged with the inner shaft (¶105) so that rotation of the handle results in rotation of the inner shaft (¶105).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4.
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 or telephone the Examiner.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on (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.
/AMY R SIPP/Primary Examiner, Art Unit 3775