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.
Claims 1-12, and 15-22 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.
Regarding Claim 1, the terms “modifying the virtual model” and “altering the virtual model” are not clearly defined, its not clear what/how the virtual model is modified and how the virtual model is altered. Appropriate correction is required.
Regarding Claim 15, the terms “modifying the virtual model at levels” are not clearly defined, its not clear what/how the levels are. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102 a1/a2 as being anticipated by U. S. Publication No. 2007/0276501 to Betz et al.
Regarding Claim 1, Betz teaches a computer-implemented method for planning patient-specific surgical correction of the spine, comprising: obtaining patient imaging data (fig. 3 and para 019-024 teaches obtaining patient image data); converting the imaging data to a 3-dimensional data set to create a virtual model (fig. 3 and para 019-024 teaches generating a 3d model) selectively modifying the virtual model to correct at least one deformity (para 0020 and 024 teaches correcting the model); selectively altering the virtual model to define a corrected virtual model (fig. 3 and para 019-024 teaches altering virtual model to corrected virtual model); and designing an implant to fit the corrected virtual model (fig. 3 and para 019-024 teaches designing implant based on corrected virtual model).
Regarding Claim 2, Betz teaches that imaging data comprises at least one of synthetic CT, MRI, CT, CTA Scan, weight-bearing AlP, and/or weight-bearing lateral x-rays (para 0073 teaches CT AND MRI images).
Regarding Claim 3, Betz teaches that the implant is an intervertebral cage, a pedicle screw, an intervertebral disc replacement, a sacroiliac joint fusion implant, a spinal rod, a hook, a guide, and/or a connector (para 0020teaches an intervertebral disc implant).
Allowable Subject Matter
Claims 13 and 14 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art of record are U. S. Publication No. 2007/0276501 to Betz et al.; U.S. Publication No. 20180082480 to white et al.; U.S. Publication No. 2017/0312032 to Amanatullah et al.; and U.S. Publication No. 20180168740 to Ryan et al. none of the prior art alone or in combination teaches the limitations of the independent claim specifically “ identifying disease state that requires surgical correction from patient data or the virtual model; measuring a parameter from the virtual model; modifying the virtual model to define a planned correction of a deformity; verifying the planned correction is acceptable; modifying the virtual model if the planned correction is not acceptable; and designing an implant”.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798
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