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 Objections
Claims 1-13 and 17 are objected to because of the following informalities: the preamble of claim 1 should have a colon after the term “comprising” to clearly delineate the preamble from the body of the claim (see claim 14 for proper formatting). Claim 13 states “and segmented data” should state “and the segmented data”. Claim 17 states “distal of nadir of the tibial plateau” which should state “distal of the nadir of the tibial plateau”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “the exterior perimeter” in lines 8, 10, 14, 16 and 18. It is unclear as to whether this is referring back to “an exterior perimeter of a tibial plateau” in line 7 or if it is a different “exterior perimeter”.
Claim 3 states “to create segmented data” in line 4. It is unclear as to whether this is referring to the same “segmented data” as set forth in claim 1 or if it is additional “segmented data” provided during the segmenting.
Claim 8 states “the exterior perimeter” in line 3. It is unclear as to whether this is referring back to “an exterior perimeter of a tibial plateau” or if it is a different “exterior perimeter”. Similarly, claim 1 discloses both “an exterior perimeter of a tibial plateau” and “the exterior perimeter”. It is unclear as to which “exterior perimeter” is being referred.
Claim 9 states “the exterior perimeter” in lines 2 and 3. Similarly, claim 1 discloses both “an exterior perimeter of a tibial plateau” and “the exterior perimeter”. It is unclear as to which “exterior perimeter” is being referred.
Claim 9 recites the limitation "the posterior of the projected data" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 states “the exterior perimeter” in lines 8, 10, 16 and 18. It is unclear as to whether this is referring back to “an exterior perimeter of a tibial plateau” in line 7 or if it is a different “exterior perimeter”.
Claim 16 states “a nadir of the tibial plateau” in line 2. It is unclear as to whether this is different than “a nadir of the tibial plateau” as set forth in claim 15.
Claim 19 states “and segmented data” in line 4. It is unclear as to whether this is referring to the same “segmented data” as set forth in claim 14 and the other portions of claim 19 or if it is additional “segmented data”.
Claim 19 states “the exterior perimeter” in lines 9, 12, 13, 27 and 28. It is unclear as to whether this is referring back to “an exterior perimeter of a tibial plateau” as set forth in claim 14 and line 7 of claim 19.
Claim 19 recites the limitation "the one or more devices" in lines 11, 15 and 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 states “the exterior perimeter” in lines 10, 12, 16, 18 and 20. It is unclear as to whether this is referring back to “an exterior perimeter of a tibial plateau” in line 8 or if it is a different “exterior perimeter”.
Conclusion
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/ROCHELLE D TURCHEN/ Primary Examiner, Art Unit 3797