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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2, 4-5, 7-9, 15, 18, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by May et al. (US 20220336090 A1) (hereon referred to as May).
Regarding claim 1 (first interpretation), May teaches a system (see Fig. 8) for a surgical procedure (see Para. [0030]) comprising:
a sterile cover (36, 38, 56) comprising a housing (36, 56) and a lid (38); and
a surgical navigation device (44) comprising at least one inertial sensor (46) and a display (42),
wherein the surgical navigation device (44) is configured to be inserted into the housing of the sterile cover (see Para. [0065]),
wherein the lid (38) is configured to close to provide a sterile barrier (see Para. [0065]) separating the surgical navigation device from a sterile field (see Para. [0028]).
Regarding claim 2, May teaches the system of claim 1, further comprising a transfer funnel (60).
Regarding claim 4, May teaches the system of claim 2, wherein the transfer funnel (60) comprises an alignment slot configured to prevent inserting the surgical navigation device in an incorrect orientation relative to the sterile cover (see Para. [0062]).
Regarding claim 5, May teaches the system of claim 2, wherein the transfer funnel (60) comprises instructions to the user related to the orientation of the surgical navigation device (see Para. [0068]).
Regarding claim 7, May teaches the system of claim 1, wherein the housing comprises one or more magnets (see Para. [0067]) for coupling to a bracket (40) of a jig (36).
Regarding claim 9, May teaches the system of claim 1, wherein the housing comprises a front housing (56), a rear housing (36), and a seal (40) between the front housing (56) and the rear housing (36).
Regarding claim 11, May teaches the system of claim 1, further comprising a battery pack (50).
Regarding claim 15, May teaches the system of claim 1, wherein the lid (38) is configured to pivot approximately 90 degrees relative to the housing (note that this is a functional limitation, satisfied by the devices ability to do so when in an open configuration as shown in Fig. 10).
Regarding claim 28, May teaches a method for a surgical procedure (see Para. [0030]) comprising:
providing a sterile cover (36, 38) comprising a housing (36) and a lid (38; see Para. [0065]);
providing a surgical navigation device (44) comprising at least one inertial sensor (46) and a display (42);
inserting the surgical navigation device (44) into the housing (36, 56) of the sterile cover (see Para. [0065]); and
closing the lid (see Para. [0065]).
Regarding claim 1 (second interpretation), May teaches a system (see Fig. 8) for a surgical procedure (see Para. [0030]) comprising:
a sterile cover (38, 36, 56) comprising a housing (36, 38) and a lid (56); and
a surgical navigation device (44) comprising at least one inertial sensor (46) and a display (42),
wherein the surgical navigation device (44) is configured to be inserted into the housing of the sterile cover (see Para. [0065]),
wherein the lid (56) is configured to close to provide a sterile barrier (see Para. [0065]) separating the surgical navigation device from a sterile field (see Para. [0028]).
Regarding claim 8, May teaches the system of claim 1, wherein the housing (38) comprises a seal (36) between the lid (56) and the housing (38) of the sterile cover (see Para. [0028]).
Regarding claim 18, May teaches the system of claim 1, wherein the housing (36, 38) comprises projections (40) along three sides of the housing (see Fig. 10) configured to engage grooves along three sides of the lid (see Para. [0066]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8911447 B2: This reference teaches a system for joint replacement.
US 20160166321 A1: This reference teaches a case for a wearable medical device.
US 20160228201 A1: This reference teaches a surgical navigation system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY J LANE whose telephone number is (703)756-4702. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.J.L./Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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