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 .
Allowable Subject Matter
Claims 1-20 are allowable over the prior art.
The following is a statement of reasons for the indication of allowable subject matter: Most pertinent prior art, including U.S. Patent Pub. No. 2003/0120375 to Arai et al., U.S. Patent Pub. No. 2014/0244220 to McKinnon et al., and U.S. Patent No. 10,102,309 to McKinnon et al. disclose a computer-implemented method, non-transitory computer readable medium, and system comprising instructions executable by one or more processors for generating a milling path for a tool. The computer-implemented method comprises defining a reference guide with respect to a resection volume, generating a section path bounded within each section and defined relative to the resection volume, and generating a plurality of transition segments, each transition segment connecting section paths of sections being successive to one another along the reference guide. The method includes generating a milling path for a tool of a surgical system, the milling path designed to remove a resection volume associated with an anatomical volume, and further comprising receiving control inputs for selectively adjusting parameters for the milling path.
The prior art fails to teach or disclose, however, defining, in succession, a plurality of section planes that intersect the resection volume; generating a section path bounded within each section plane and defined relative to the resection volume, wherein at least one section plane includes a section path that has a path segment configured to enable the tool to remove only the outer portion of the resection volume; generating transition segments connecting section paths of section planes being successive to one another; and combining the section paths and the transition segments to generate the milling path.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,232,827. Although the claims at issue are not identical, they are not patentably distinct from each other because both the present application and granted patent disclose a computer-implemented method for generating a milling path for a bone. The computer-implemented method comprises obtaining a virtual model of the bone, obtaining a resection volume defined relative to the virtual model of the bone, and a reference guide defined with respect to the resection volume. The method includes producing a plurality of section planes being successively arranged along the reference guide, generating a section path within each section plane and being defined relative to the resection volume, generating transition segments for connecting section paths of section planes, and combining the section paths and the transition segments to generate the milling path.
Both the present application and granted patent disclose on-transitory computer readable medium comprising instructions being executable by one or more processors to generate a milling path for a bone. The instructions include obtaining a virtual model of the bone, obtaining a resection volume defined relative to the virtual model of the bone, and a reference guide defined with respect to the resection volume. The instructions include producing a plurality of section planes being successively arranged along the reference guide, generating a section path within each section plane and being defined relative to the resection volume, generating transition segments for connecting section paths of section planes, and combining the section paths and the transition segments to generate the milling path.
Both the present application and granted patent disclose a surgical system that comprises a robotic manipulator configured to support and move a cutting tool relative to a bone, a control system coupled to the robotic manipulator and being configured obtain a virtual model of the bone, a resection volume defined relative to the virtual model of the bone, and a reference guide defined with respect to the resection volume, produce a plurality of section planes being successively arranged along the reference guide, and each section plane intersects the reference guide and intersects the resection volume, generate a section path within each section plane and being defined relative to the resection volume; generate transition segments to connect section paths of section planes, combine the section paths and the transition segments to generate a milling path for the cutting tool to enable the cutting tool to remove material from the bone, and command the robotic manipulator to move the cutting tool along the generated milling path to remove the material from the bone.
Conclusion
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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