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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21-40 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the steps of collecting information, analyzing, and displaying have been held to be an abstract idea. Furthermore, the step of detecting impingement lacks any structural system or specific steps and can be characterized as a mental step. This judicial exception is not integrated into a practical application because the recited computer elements do not add meaningful limitation to the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the graphical user interface is merely a generic computer display device (i.e. monitor) and the prosthetic device is merely functional in the 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.
Claim(s) 21, 26-35, 38-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johannaber et al. (U.S. Publication No. 2018/0161168).
Johannaber et al. discloses a method for digitally assessing a prosthetic joint, the method comprising: receiving data associated with a prosthetic device (step 1302-1308, Figure 13), the prosthetic device configured for placement with a joint; depicting, within a graphical user interface (GUI) (Step 1312), a representation of a prosthetic joint including the prosthetic device (Figure 7A); detecting, based on the data associated with the prosthetic device, impingement of the prosthetic joint (Step 1310); and depicting, within the GUI, a representation of the impingement of the prosthetic joint (Step 1312).
Regarding claim 26, depicting the representation of the prosthetic joint comprises depicting a representation of a humeral prosthesis included in the prosthetic device (Figure 7A).
Regarding claim 27, depicting the representation of the prosthetic joint comprises depicting a representation of a glenoid prosthesis included in the prosthetic device (Figure 7A).
Regarding claim 28, Johannaber et al. discloses method for digitally assessing a prosthetic joint, the method comprising: receiving data associated with a prosthetic device (Steps 1302-1308), the prosthetic device configured for placement within a joint; depicting, within a graphical user interface (GUI), a representation of a prosthetic joint including the prosthetic device (Figure 7A); determining, based on the data associated with the prosthetic device, a range of motion of the prosthetic joint; and depicting, within the GUI, a representation of the range of motion of the prosthetic joint (Step 1308, impingement data can be associated with range of motion).
Regarding claim 29, the representation of the range of motion of the prosthetic joint is depicted by a color scale or a gray scale (paragraph 110).
Regarding claim 30, the representation of the range of motion of the prosthetic joint comprises depicting a representation of an internal or external rotation of the prosthetic joint (Figure 7A, 7B).
Regarding claim 31, depicting the representation of the range of motion of the prosthetic joint comprises depicting a representation of a flexion of the prosthetic joint (Figure 7A, 7B).
Regarding claim 32, depicting the representation of the range of motion of the prosthetic joint comprises depicting an acceptable range of motion for the prosthetic joint (Figure 7A, 7B).
Regarding claim 33, depicting the representation of the prosthetic joint comprises displaying a representation of a humeral prosthesis included in the prosthetic device (Figure 7A, 7B).
Regarding claim 34, depicting the representation of the prosthetic joint comprises displaying a representation of a glenoid prosthesis included in the prosthetic device (Figure 7A, 7B).
Regarding claim 35, Johannaber et al. discloses a system for digitally assessing a prosthetic joint, the system comprising at least one processor (1102) operative to: receive data associated with a prosthetic device, the prosthetic device configured for placement within a joint; cause a graphical user interface (GUI) to depict a representation of a prosthetic joint including the prosthetic device; detect, based on the data associated with the prosthetic device, impingement of the prosthetic joint; and cause the GUI to depict a representation of the impingement of the prosthetic joint (similar to the method claims above with same citations).
Regarding claim 38, the at least one processor is further operative to: determine, based on the data associated with the prosthetic device, a range of motion of the prosthetic joint; and cause the GUI to depict a representation of the range of motion of the prosthetic joint (paragraph 107-109).
Regarding claim 39, the at least one processor is further operative to cause the GUI to depict an acceptable range of motion for the prosthetic joint (paragraph 107-110).
Regarding claim 40, the representation of the prosthetic joint includes a representation of a humeral prosthesis or a glenoid prosthesis included in the prosthetic device (Figure 7A-7B).
Claim(s) 21, 22, 24, 35-37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dawood et al. (U.S. Publication No. 2013/0072940).
Dawood et al. discloses a method for digitally assessing a prosthetic joint, the method comprising: receiving data associated with a prosthetic device (paragraph 93), the prosthetic device configured for placement with a joint; depicting, within a graphical user interface (GUI) (14),a representation of a prosthetic joint including the prosthetic device (paragraph 93); detecting, based on the data associated with the prosthetic device, impingement of the prosthetic joint (paragraph 98); and depicting, within the GUI, a representation of the impingement of the prosthetic joint (paragraph 98).
Regarding claim 22, the impingement of the prosthetic joint is detected between the prosthetic device and a bone in proximity to the prosthetic joint (paragraph 98).
Regarding claim 24, depicting the representation of the impingement of the prosthetic joint comprises highlighting a portion of the prosthetic device in proximity to the impingement (paragraph 60).
Regarding 25, portion of the prosthetic device is highlighted by a color change or a gray scale change (paragraph 60, it is noted that highlight denotes change in color).
Regarding claim 35, Dawood discloses a system for digitally assessing a prosthetic joint (paragraph 93), the system comprising at least one processor (12) operative to: receive data associated with a prosthetic device, the prosthetic device configured for placement within a joint (paragraph 93); cause a graphical user interface (GUI) (14) to depict a representation of a prosthetic joint including the prosthetic device (paragraph 98); detect, based on the data associated with the prosthetic device, impingement of the prosthetic joint (paragraph 98); and cause the GUI to depict a representation of the impingement of the prosthetic joint (paragraph 93-98).
Regarding claim 36, the at least one processor is further operative to cause the GUI to highlight a portion of the prosthetic device in proximity to the impingement (paragraph 60).
Regarding claim 37, the portion of the prosthetic device is highlight by a color change or a gray scale change (it is noted that highlight means change in color).
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.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dawood (U.S. Publication No. 2013/0072940).
Regarding claim 23, it would have been obvious for the impingement of the prosthetic joint is detected between the prosthetic device and soft tissue in proximity to the prosthetic joint, since modifying the system Dawood to detect all impingement would have only taken ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F.
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/ANDREW YANG/ Primary Examiner, Art Unit 3775
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