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 § 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 19 is 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.
In claim 19, “the second offset” lacks a proper antecedent. It appears claim 19 should depend from claim 18.
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) 1-10, 13, 14, 17, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenwood et al. (U.S. Publication No. 2023/0218348).
Greenwood et al. discloses a gauge apparatus (204) for a surgical tool comprising a tool accessory in the form of a cutting tool or driving tool (203), the gauge apparatus comprising: an orientation sensor (215) configured to detect orientation data identifying a device orientation of the surgical tool about a plurality of axes (paragraph 100); a depth sensor (211) having a detection field extending along a longitudinal axis of the tool accessory, the depth sensor configured to measure depth data indicating a tool depth along the longitudinal axis (paragraph 249); a display device (212); and a controller configured to: set a first offset (paragraph 250, depth indicates 0 at the first surface 123a) at a first orientation and a first depth of the tool accessory (226) of the surgical tool in response to a first input (210, paragraph 101, receiving information such as fluoroscopic data in real-time), wherein the first offset is assigned based on the orientation data and the depth data at a first time of the first input (Figure 6A, where tool is in relation to bone 124); track the device orientation and the tool depth of the surgical tool relative to the first offset (paragraph 251); display the device orientation relative to the first orientation of the first offset on the display device based on the orientation data; and display the tool depth relative to a first target on the display device in response to the depth data measured relative to the first depth (Figure 12-19).
Regarding claim 2, the depth sensor (211) is a non-contact sensor operable to detect a time-of-flight of a proximity signal output from an emitter (i.e. fiducials 213).
Regarding claim 3, the orientation sensor comprises an accelerometer (paragraph 100) configured to detect the device orientation as two or more of a yaw, a pitch, and a roll of the surgical tool relative to the first orientation (paragraph 100).
Regarding claim 4. the roll is about the longitudinal axis of the tool accessory (the accelerometer 215 is considered capable of performing this function, furthermore such function can be construed from paragraph 259 and orientation screens 500a-500c).
Regarding claim 5, the device orientation is displayed as a level indicator (129) that shifts along or about one of the plurality of axes relative to a set-point indicator demonstrating the first orientation of the first offset (Figure 5A-5C, point 130 and bubble indicator 132).
Regarding claim 6, the first offset is based on the orientation data identified at the first orientation and the depth data identified at the first depth with the tool accessory of the surgical tool aligned with the first target (Figure 6A, paragraph 259).
Regarding claim 7, the apparatus further comprising a housing (204, 218) forming a user interface in connection with the surgical tool, wherein the user interface comprises a plurality of user inputs (210, 216) including the first input.
Regarding claim 8, the orientation sensor, the depth sensor, and the display device are connected to the surgical tool by the housing (portion 218).
Regarding claim 9, the housing forms a locking collar (Figure 2C) that engages a body of the surgical tool in a locked position (Figure 2C, 2D) that secures the locking collar in connection to the housing about the body via at least one locking tab (it can be seen that the element 218 can be considered to arcuate tabs that are held by a locking screw).
Regarding claim 13, the cutting tool comprises one of a reamer, a drill, an end mill, a saw, a shaver, and a burr (Figure 9).
Regarding claim 14, the driving tool comprises one of a driver bit, a pin driver, and a socket driver. The chuck of surgical tool 203 can be considered the tool accessory and thus it can be considered at least one of a driver bit, a pin driver and a socket diver.
The elements of Claim 20 reflect those rejected above and thus claim 20 is anticipated.
Regarding claim 17 Greenwood discloses a method for tracking an orientation and depth of a tool accessory of a surgical tool, the method comprising: locating a surgical tool in a first orientation aligned with a first target (Figure 6A, tool is aligned with D1 and target as seen in figure 12, distal screw hole of IM nail); capturing orientation data identifying a device orientation of the surgical tool about a plurality of axes (paragraph 259) and identifying a distance to a surface of an object forming the first target along a longitudinal axis of the tool accessory (paragraph 249); in response to receiving a first input (Paragraph 249), setting a first offset (paragraph 249, first surface 123a) at a first orientation and a first depth of the tool accessory of the surgical tool with the surgical tool aligned with the first target; tracking the device orientation and the distance to the surface relative to the first offset; displaying the device orientation relative to the first orientation of the first offset on the display device based on the orientation data; and displaying a depth change relative to the first target on the display device in response to the distance measured relative to the first depth (paragraphs 249-259).
Allowable Subject Matter
Claims 10-12, 15-16, 18-19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art alone or in combination fail to disclose the gauge apparatus as claimed and further comprising a locking collar having at least one retention tab that interconnects the housing to the locking collar, wherein the retention tab slidably engages the housing.
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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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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/ANDREW YANG/Primary Examiner, Art Unit 3775
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