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 .
Election/Restrictions
Applicant’s election of I, claims 1-20 in the reply filed on 7/30/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 21-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/30/26.
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.
Claim(s) 1-8 and 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hufford (US 2019/0201107).
Hufford shows a method and system for dynamically assigning actions to a plurality of input devices of a first surgical instrument connected to a surgical system (abstract), the method comprising, using one or more computing devices: with the surgical system in a first state, assigning a first action to a first input device of the plurality of input devices, wherein, in the first state, the surgical system is configured to cause the first action to be performed in response to the first input device being actuated ([0030]-[0032], [0035]-[0036]); detecting a second surgical instrument (swap control of an input controller from one instrument to another instrument; [0036]-[0037]); and in response to detecting the second surgical instrument, (i) transitioning the surgical system to a second state and (ii) assigning a second action to the first input device, wherein, in the second state, the surgical system is configured to cause the second action to be performed in response to the first input device being actuated (select an instrument and place in a predetermined operational mode, activate device; [0045]-[0047]).
Hufford also shows wherein the first state and the second state correspond to a state of an application being executed using the surgical system ([0045]-[0047]); wherein the first surgical instrument includes a camera head, and wherein the plurality of input devices includes a plurality of buttons arranged on the camera head ([0027], [0034]-[0035]); wherein the surgical system includes at least one of (i) a programmable footswitch with configurable buttons and (ii) a system configured to capture gestures as inputs (gaze tracking corresponds with a gesture; computer vision; [0009]-[0010], [0025], [0032], [0050]-[0051]); wherein the second surgical instrument includes at least one of an aimer, an aligner, a probe, a grasper, a pincher, a scissor, a punch, a microfracture pick, a knife, a meniscectomy tool, a curette, an anchor deployment device, a biologic deployment device, a suture anchor deployment device, an arthroscopic blade, an arthroscopic RF wand, an arthroscopic coblation wand, a bone fiducial, and a fiducial on an instrument ([0047]); wherein the plurality of input devices includes a second input device, and wherein a third action assigned to the second input device is the same regardless of whether the surgical system is in the first state or the second state (a third action may be considered to be the same regardless of the first or second state, as numerous independent actions may be assigned to correlate each instrument with an appropriate user input device; [0036]); wherein detecting the second surgical instrument includes detecting the second surgical instrument using a camera ([0036]-[0037]); transitioning the surgical system to the second state in response completion of a current action by one or more of the surgical system, the first surgical instrument, and the second surgical instrument (assign instruments based on repositioning of robotic arms, [0037]; semi-autonomous or autonomous modes, [0048]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-10 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hufford (US 2019/0201107) in view of Haider et al. (US 2022/0409298; hereinafter Haider).
Hufford shows the invention substantially as described in the 102 rejection above.
Hufford fails to show detecting a bone fiducial prior to detecting the second surgical instrument, wherein the first surgical instrument is an arthroscopic instrument including a camera head, and wherein the bone fiducial is configured to be fixedly attached to patient anatomy; (i) in response to detecting the bone fiducial, transitioning the surgical system to the first state and assigning the first action to the first input device and (ii) in response to detecting the second surgical instrument, transitioning the surgical system to the second state and assigning the second action to the first input device.
Haider discloses tool tracking systems and methods of computer assisted surgery. Haider teaches detecting a bone fiducial prior to detecting the second surgical instrument, wherein the first surgical instrument is an arthroscopic instrument including a camera head, and wherein the bone fiducial is configured to be fixedly attached to patient anatomy ([0165]); in response to detecting the bone fiducial, transitioning the surgical system to the first state and assigning the first action to the first input device and (ii) in response to detecting the second surgical instrument, transitioning the surgical system to the second state and assigning the second action to the first input device (trigger cutting based on bone registration; [0254]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Hufford to utilize bone fiducials as taught by Sharma, in order to properly align a surgical instrument in relation to the patient’s anatomical reference, and particularly in surgical applications corresponding with a patient’s bone.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Cohen (US 2023/0000579) describes systems for orientation of user-input devices for controlling surgical arms (abstract);
Shelton (US 2022/0104807) describes control system for surgical instruments including assigning tasks to instruments ([0434]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN CWERN/Primary Examiner, Art Unit 3797
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