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) 77, 84, 92, 95 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker (U.S. Publication No. 2021/0093332).
Walker discloses a jig for guiding a cutting instrument for controlled surgical cutting of a body portion of a patient (arthroplasty jig 129, Fig. 10A), the cutting instrument comprising a driver (cannulated reaming rod 141, Fig. 10A) and a cutting burr coupled to the driver (cutting head 135, Figures 10A-10B; see also Para. [0143]), the jig comprising: an adjustable support structure configured for positioning relative to the patient (spine 133, Fig. 10A); an angulation assembly coupled to the adjustable support structure, the angulation assembly configured for receiving a distal portion of the driver therein and controlling angular movement of the cutting instrument about a central point defined by the angulation assembly in a plurality of planes orthogonal to one another (orthogonal drive arm 130, Figures 10A-13); and a guide coupled to the adjustable support structure and spaced apart from the angulation assembly, the
guide defining an opening extending therethrough, and the opening configured for receiving a proximal portion of the driver therein and controlling movement of the proximal portion of the driver along a first predefined path such that the cutting burr moves along a second predefined path (offset arm 131, Figures 10A-13).
Regarding claim 84, Walker discloses the angulation assembly is fixedly coupled to the adjustable support structure (Figure 10A)
Regarding claim 92, Walker discloses a system for controlled surgical cutting of a body portion of a patient (Fig. 10A), the system comprising: a cutting instrument comprising a driver (cannulated reaming rod 141, Fig. 10A) and a cutting burr coupled to the driver (cutting head 135, Figures 10A-10B; see also Para. [0143]); and a jig configured for mounting the cutting instrument thereto (arthroplasty jig 129, Fig. 10A), the jig comprising: an adjustable support structure configured for positioning relative to the patient (spine 133, Fig. 10A); an angulation assembly coupled to the adjustable support structure, the angulation assembly configured for receiving a distal portion of the driver therein and controlling angular movement of the cutting instrument about a central point defined by the angulation assembly in a plurality of planes orthogonal to one another (orthogonal drive arm 130, Figures 10A-13); and a guide coupled to the adjustable support structure and spaced apart from the angulation assembly, the guide defining an opening extending therethrough, and the opening configured for receiving a proximal portion of the driver therein and controlling movement of the proximal portion of the driver along a first predefined path such that the cutting burr moves along a second predefined path (offset arm 131, Figures 10A-13).
Regarding Claim 95, Walker discloses a method for guiding a cutting instrument for controlled surgical cutting of a body portion of a patient (Figures 10A-10B), the cutting instrument comprising a driver (cannulated reaming rod 141, Fig. 10A) and a cutting burr coupled to the driver (cutting head 135, Figures 10A-10B; see also Para. [0143]), the method comprising: mounting the cutting instrument to a jig (Fig.
10A), the jig comprising: an adjustable support structure configured for positioning relative to the patient (spine 133, Fig. 10A); an angulation assembly coupled to the adjustable support structure, the angulation assembly receiving a distal portion of the driver therein and controlling angular movement of the cutting instrument about a central point defined by the angulation assembly in a plurality of planes
orthogonal to one another (orthogonal drive arm 130, Figures 10A-13; see also Para. [0146]); and a guide coupled to the adjustable support structure and spaced apart from the angulation assembly, the guide defining an opening extending therethrough, and the opening receiving a proximal portion of the driver therein and controlling movement of the proximal portion of the driver along a first predefined path such that the cutting burr moves along a second predefined path (offset arm 131, Figures 10A-13); penetrating the body portion of the patient with the cutting burr (Figures 10A and 11); and moving the proximal portion of the driver within the opening along the first predefined path such that the cutting burr cuts the body portion along the second predefined path (Figures 10A and 11).
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) 92, 94 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoham (U.S. Patent No. 10,058,338).
Shoham discloses a system for controlled surgical cutting of a body portion of a patient (Fig. 2), the system comprising: an instrument (Fig. 2) comprising a driver (sleeve 60, Fig. 2) and a portion coupled to the driver (surgical tool 70, Fig. 2; see
also col. 3, In. 65-col. 4, In. 2); and a jig configured for mounting the instrument thereto (robot 30, Fig. 2), the jig comprising: an adjustable support structure configured for positioning relative to the patient (clamp 40, Fig. 2); an angulation assembly coupled to the adjustable support structure (bottom assembly including and extending from actuator 80, Fig. 2), the angulation assembly configured for receiving a distal portion of the driver therein and controlling angular movement of the instrument about a central point defined by the angulation assembly in a plurality of planes orthogonal to one another (Fig. 2; see also col. 4, Ins. 39-45); and a guide coupled to the adjustable
support structure and spaced apart from the angulation assembly (upper assembly including and extending from actuator 80, Fig. 2), the guide defining an opening extending therethrough, and the opening configured for receiving a proximal portion of the driver therein and controlling movement of the proximal portion of the driver along a first predefined path such that the cutting burr moves along a second predefined path (opening extending through ball 130, Fig. 2; see also col. 4, Ins. 20-45). driver.
Shoham fails to explicitly disclose, in the same embodiment, that the instrument is a cutting instrument with a cutting burr coupled to the Shoham discloses in a different embodiment, however, that the instrument is a cutting instrument with a cutting burr coupled to the driver (col. 3, In. 65-col. 4, In. 2; see also col. 10, Ins. 7-10). It would have been obvious to one of ordinary skill in the art to modify the first embodiment of Shoham to further include that the instrument is a cutting instrument with a cutting burr coupled to the driver, as taught by the latter embodiment of Shoham, the motivation being that other surgical tools, similar to those listed, may be inserted and aligned with the surgical site ((col. 3, In. 65-col. 4, In. 2; see also col. 10, Ins. 7-10).
Regarding Claim 94, Shoham discloses wherein the angulation assembly comprises a bearing configured for receiving the distal portion of the driver therein and controlling angular movement of the cutting instrument about the central
point in the plurality of planes orthogonal to one another (ball 130, Fig. 2; see also col. 4, Ins. 20-45), the bearing is a spherical bearing (Fig. 2) comprising an inner ring
having a partial-spherical outer surface (upper ring member 110A, Fig. 2), and an outer ring having a partial-spherical inner surface (lower ring member 110B, Fig. 2).
Claim(s) 78-81, 93 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (U.S. Publication No. 2021/0093332) in view of Shanghai Ninth Peoples Hospital (CN111449718) (will be referred to as Shanghai).
Regarding Claim 78, Walker discloses the claimed invention except that the adjustable support structure comprises: a plurality of supports; and one or more coupling assemblies each adjustably coupling two of the supports to one another.
Shanghai teaches an osteotomy positioning guide (Abstract), and teaches an adjustable support structure that comprises a plurality of supports (Figures 1-4, as there are two vertical rods 212); and one or more coupling assemblies each adjustably coupling two of the supports to one another (Fig. 4, bolts 25 and positioning holes 223; see also Para. [0027]). It would have been obvious modify the jig of Walker to further include that the adjustable support structure comprises: a plurality of supports; and one or more coupling assemblies each adjustably coupling two of the supports to one another, as taught by Shanghai, the motivation being that such a configuration aids in providing better control in adjustments and marking distances along the jig (Shanghai, Para. [0029]; PMSW, Para. [0147]).
Regarding Claim 79, Walker further fails todisclose that the plurality of supports comprises: a pair of first supports extending parallel to one another; and a
second support coupled to each of the first supports and extending transverse to each of the first supports.
Shanghai teaches a plurality of supports that comprises: a pair of first
supports extending parallel to one another (Figures 1-4, as there are two vertical rods 212); and a second support coupled to each of the first supports and extending transverse to each of the first supports (Fig. 4, as cross rod 211 and transverse part 221 extend transverse tovertical rods 212). It would have been obvious to one of ordinary skill in the art to modify the jig of Walker to further include that the plurality of supports comprises: a pair of first supports extending parallel to one another; and a second support coupled to each of the first supports and extending transverse to each of the first supports, as taught by Shanghai, the motivation being that such a configuration aids in providing better control in adjustments and marking distances along the jig (Shanghai, Para. [0029]; PMSW, Para. [0147]).
Regarding Claim 80, Walker further fails the first supports each comprising a plurality of first markings, and wherein the second support comprises a plurality of second markings. Shanghai teaches first supports that comprise first markings (Para. [0027]), and wherein the second support comprises a plurality of second markings (Fig. 4, as the lines that define guide grooves 23 and 24 constitute a plurality of markings).
It would have been obvious to one of ordinary skill in the art to modify the jig of Walker to further include that there are multiple first supports, and wherein the second support comprises a plurality of second markings, as taught by Shanghai, the
motivation being that such a configuration aids in providing better control in adjustments and marking distances along the jig (Shanghai, Para. [0029]; PMSW, Para. [0147]).
Shanghai further teaches that the second markings correspond to the angle of
approach of the cutting instrument toward the body portion of the patient or the cutting depth of the cutting instrument into the body portion of the patient (Para. [0029]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify the jig of Walker to further include that the second markings correspond to the angle of approach of the cutting instrument toward the body portion of the patient or the cutting depth of the cutting instrument into the body portion of the patient, as taught by Shanghai, the motivation being that such a configuration aids in providing better control in adjustments and marking distances along the jig (Shanghai, Para. [0029]; PMSW, Para. [0147]).
Regarding Claim 81, Shanghai further teaches that the one or more coupling assemblies comprises: a first coupling assembly adjustably coupling the second support to one of the first supports (Fig. 4; see also Para. [0027]); and a second
coupling assembly adjustably coupling the second support to the other of the first supports (Fig. 4; see also Para. [0027]). It would have been obvious to one of ordinary skill in the art to modify the jig of PMSW to further include that the one or more coupling assemblies comprises: a first coupling assembly adjustably coupling the second support to one of the first supports; and a second coupling assembly adjustably coupling the second support to the other of the first supports, as taught by Shanghai, the motivation being that such a configuration aids in providing better control in adjustments and marking distances along the jig (Shanghai, Para. [0029]; PMSW, Para. [0147]).
Allowable Subject Matter
Claims 85-91, 96 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 combination of elements in the configuration with respect to the other elements as claimed.
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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