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 § 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 – 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Axelson (US Pub. 2008/0015602 A1).
Claim 1, Axelson discloses a system for determining a position or orientation of a bone surface created by the removal of bone during a surgical procedure [abstract, Figs. 1 – 22], the system comprising:
a device [i.e. 78] comprising: a body [defined by at least a body portion of 78] comprising a bottom surface [at least a surface portion of 80] configured to contact the bone surface [Figs. 22]; and one or more alignment features associated with said body [at least one of attachment holes 90, 92 and 94], the one or more alignment features configured to interact with a tracked object to position or orient the tracked object relative to the body [¶36], wherein the one or more alignment features have a pre-defined position or orientation (POSE) relative to the body [Figs. 15 – 21]; and
a computing system [¶3] comprising one or more processors configured to: determine a POSE of at least a portion of the tracked object when: (i) the bottom surface of the body is in contact with the bone surface; and (ii) the tracked object is interacting with at least one alignment feature of the one or more alignment features; and determine a POSE of the bone surface based on: (i) the determined POSE of the at least the portion of the tracked object; and (ii) the pre-defined POSE of the at least one alignment feature relative to the body [the claimed structure is substantially identical to the structure disclosed by Axelson, and therefore the system of Axelson is inherently capable of performing the claimed functions, wherein the device is placeable on bone surface and connectable to tracked object to be tracked by a computer system].
Axelson discloses the limitations of claim 1 as above, and further, Axelson discloses:
Claim 2, wherein the tracked object is a probe having a probe axis [¶32 and ¶36, wherein said holes are capable of interacting with at least a portion of the tracked object, i.e. 112, defining a probe having an axis, Figs.22].
Claim 3, wherein the tracked object is a tracked digitizer probe [¶32 - ¶38].
Claim 4, the tracked digitizer probe [¶32 - ¶38].
Claim 5, wherein the determined POSE of the at least the portion of the tracked object is a POSE of the probe axis [¶32 - ¶38].
Claim 6, wherein the one or more processors are further configured to compare the determined POSE of the bone surface relative to a pre-determined POSE for creating the bone surface [¶3, ¶32 - ¶38, Note, the processor of Axelson exhibits substantially identical structure to that claimed and therefore inherently capable of performing the claimed functions].
Claim 7, wherein the pre-determined POSE for creating the bone surface is determined using pre-operative bone data [¶3, ¶32 - ¶38].
Claim 8, wherein the pre-operative bone data is a virtual bone model and the pre-determined POSE for creating the bone surface is defined relative to the virtual bone model [¶3, ¶32 - ¶38].
Claim 9, wherein the determined POSE of the bone surface is at least one of: an anterior or posterior position; a proximal or distal position; a flexion-extension orientation; or a varus-valgus orientation [Figs. 22].
Claim 10, wherein the bone is a femur or tibia [¶6].
11. The system of claim 1 wherein the one or more alignment features comprises at least one of: (i) a first alignment feature for orienting the tracked object along a first axis relative to the body; (ii) a second alignment feature for orienting the tracked object along a second axis relative to the body, wherein the second axis is perpendicular to the first axis; (iii) a third alignment feature for orienting the tracked object along a third axis relative to the body, wherein the third axis is oriented 45 degrees from the first axis or the second axis; or (iv) any combination thereof [¶3, ¶32 - ¶38, Figs. 22].
Claim 12, wherein the one or more alignment features are at least one of a channel, a groove, a notch, a symbol, or a marking [at least one of attachment holes 90, 92 and 94, defines a channel].
Claim 13, wherein the device further comprises an opening, wherein the opening is configured to receive a bone cutting tool to guide the creation of the bone surface [at least one of openings 100, 102, 104 and 106].
Claim 14, wherein the opening is a slot for receiving a saw blade [at least one of openings 104 and 106 defines a slot].
Claim 15, wherein the one or more alignment features are each independently located on a surface of the body or within a volume of the body [Figs. 15 – 16].
Claim 16, wherein the determined POSE of the at least the portion of the tracked object is determined independent of the location of the device [¶3, ¶32 - ¶38, wherein the tracked object is independent from the device].
Claim 17, wherein the determined POSE of the at least the portion of the tracked object is determined using data collected by a tracking system [¶3, navigation system / cameras in communication with the computer].
Claim 18, the tracking system [¶3, navigation system / cameras in communication with the computer].
Claim 19, wherein the tracking system is an optical tracking system [¶3, light emitting devices].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
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