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
Claims 6-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected probe, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/25/2026.
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.
Claims 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gullotti et al. (US 2019/0000372 A1).
Regarding claim 1, Gullotti et al. (‘372) teach a fiducial marker device comprising: a registration interface at a proximal end comprising a tapered cylindrical protrusion with a curved back surface and a keyed front surface, wherein the registration interface is configured to be received inside a tip of a three-dimensional tracked probe during registration; a bone fixation feature at a distal end; a depth stop located midway between the registration interface and the bone fixation feature, the depth stop comprising a flange extending radially from a body of the fiducial marker device; and screw threads extending between the depth stop and the bone fixation feature (“pedicle screw with a shaft 3810 (threads not shown), a depth stop 3815 rigidly attached to the screw shaft and designed with a depth-stop mating pattern 3818, depth-stop mating holes 3817, as well as an interface for a polyaxial tulip head” see [0381]; and Fig. 38A).
Regarding claim 2, Gullotti et al. (‘372) teach the fiducial marker device of claim 1, wherein the keyed front surface comprises an orientation indicator (see [0381]; and Fig. 38A).
Regarding claim 3, Gullotti et al. (‘372) teach the fiducial marker device of claim 1, wherein a diameter of the depth stop is the widest dimension of the fiducial parker device (see [0381]; and Fig. 38A).
Regarding claim 4, Gullotti et al. (‘372) teach the fiducial marker device of claim 1, comprising a hexagonal surface immediately proximal and adjacent to the depth stop configured to enable fixation to one or more of a registration device or a screwdriver (see [0381]; and Fig. 38A).
Regarding claim 5, Gullotti et al. (‘372) teach the fiducial marker device of claim 4, comprising an undercut neck immediately proximal and adjacent to the hexagonal surface configured to enable fixation to the registration device (see [0381]; and Fig. 38A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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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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/MARK D REMALY/Primary Examiner, Art Unit 3797
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