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 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Tohmeh et al.,” US 2015/0100091 (hereinafter Tohmeh).
Regarding to claim 1, Tohmeh teaches a length-adjustable surgical pointer (pointer [0071]) comprising:
a shaft carrying a pointing tip ( 80 elongate shaft carrying distal tip 82 Fig. 6 [0074]); and
a handle supporting the shaft (handle 66 Fig. 4 [0072]),
wherein at least a portion of the shaft is movable in a translatory manner relative to the handle so as to adjust a distance between the pointing tip and the handle (length of elongate shaft is adjustable [0075]).
Regarding to claim 14, Tohmeh teaches all limitations of claim 1 as set forth above.
Tohmeh further teaches comprising a tracker configured to be detected by a surgical tracking system, or an interface for receiving the tracker (tracking array and tracking system [0071]-[0072]).
Claim Rejections - 35 USC § 103
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 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.
Claims 2-3, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh as applied to claim 1 above, and further in view of “Vayser,” US 2018/0078301 (hereinafter Vayser).
Regarding to claims 2-3, Tohmeh teaches all limitations of claim 1 as set forth above.
Tohmeh does not further disclose details of shaft movable into or out of the handle for adjusting the distance and wherein the shaft is at least partially configured to perform a telescopic movement for adjusting the distance between the pointing tip and the handle.
However, in the analogous field of endeavor in adjustable surgical instruments, Vayser teaches a surgical instrument with a handle with a movable connection, optical waveguide (solid rod [0093]) coupled to the handle and a tip coupled to the optical waveguide and waveguide is slidably or extending away from or toward the handle, collapsed into the handle and extended outward away from the handle, resulting in decreased or increased length to allow telescoping of the optical waveguide (optical waveguide slidably or extend away from or toward the handle 202 moving in and out of the handle 204 Figure 4A-B, telescoping of the optical waveguide [0048]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Vayser, since telescoping configuration to slide the rod into and out of the handle was well known in the art as taught by Vayser. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring its adjustable shaft to be telescoping in and out of handle, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide variable lengths for desired positioning of the tip ([0053]), and there was reasonable expectation of success.
Regarding to claim 8, Tohmeh teaches all limitations of claim 1 as set forth above.
However, in the analogous field of endeavor in medical instruments, Vayser teaches further comprising a locking element configured to releasably lock the shaft relative to the handle against an unintentional translatory movement therebetween (locking mechanism of movable member with respect to the handle, locking mechanism can be unlocked ([0089]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify as taught by Tohmeh to incorporate teaching of Vayser, since locking element was well known in the art as taught by Vayser. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, adding a locking mechanism to lock the shaft relative to handle, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to securely hold the shaft in place ([0089]), and there was reasonable expectation of success.
Regarding to claim 11, Tohmeh and Vayser together teach all limitations of claim 8 as set forth above.
Vayser further teaches wherein the locking element is manually actuatable to at least one of lock or unlock the shaft relative to the handle (locking mechanism is a twist-lock collet style mechanism, locking and unlocking by amount of rotation [0089]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh as applied to claim 1 above, and further in view of “Barrington et al.,” US 2010/0010524 (hereinafter Barrington).
Regarding to claim 4, Tohmeh teaches all limitations of claim 1 as set forth above.
Tohmeh does not further teach wherein the shaft comprises multiple sections, wherein each section has a respective predefined length to enable a discrete adjustment of the distance between the pointing tip and the handle based on the respective predefined lengths.
However, in the analogous field of endeavor in medical instruments, Barrington teaches a surgical instrument comprising a sheath includes a plurality of discrete segments having a known length, thus retracting the sheath by a certain number of segments translate into a predetermined distal configuration ([0078]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Barrington, since adjusting length by using plurality of discrete segments was well known in the art as taught by Barrington. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using plurality of discrete segments, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide a predetermined distal configuration by retracting the sheath by a certain number of segments having a known length ([0078]), and there was reasonable expectation of success.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh as applied to claim 1 above, and further in view of “Kaouk et al.,” US 2025/0134488 (hereinafter Kaouk).
Regarding to claim 5, Tohmeh teaches all limitations of claim 1 as set forth above.
Tohmeh does not further teach wherein the shaft comprises at least one optical indicator configured to optically indicate information associated with a currently adjusted length of the pointer.
However, in the analogous field of endeavor in medical instruments, Kaouk teaches an insertion shaft comprising multiple segments with markers corresponding to each segments, and the segments are movable and telescopically connected to one another to extend and retract ([0304]-[0305] Fig. 46) with plurality of markings in the insertion shaft ([0086]), and discloses that optical sensor can detect position of the markers ([0303]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Kaouk, since adjusting length by using plurality of discrete segments with plurality of markers was well known in the art as taught by Kaouk. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using plurality of discrete segments with markers detectable by optical sensor, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide positional information of plurality of segments and the instrument ([0305]), and there was reasonable expectation of success.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh and Kaouk as applied to claim 5 above, and further in view of and “Prygoski et al.,” US 2024/0138949 (hereinafter Prygoski).
Regarding to claim 6, Tohmeh and Kaouk together teach all limitations of claim 5 as set forth above.
Tohmeh and Kaouk do not further disclose details of the optical indicator comprises at least one of a length scale, a color coding, and a coding by an optical pattern.
However, in the analogous field of endeavor in medical instruments, Prygoski teaches optically detecting markers, wherein neighboring markers are different markers, to estimate distance between pair of closely spaced symbols ([0052]) and the examples of markers can be colored dyes, differently colored woven stands or other ([0057]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify markers as taught by Kaouk to incorporate teaching of Prygoski, since different color markers was well known in the art as taught by Prygoski. One of ordinary skill in the art could have combined the elements as claimed by Kaouk with no change in their respective functions, configuring its plurality of markers corresponding to each segment to be different colors, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to allow for distance measurement between closely spaced indicia ([0052]) , and there was reasonable expectation of success.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh as applied to claim 1 above, and further in view of “Kaouk et al.,” US 2025/0134488 (hereinafter Kaouk) and “Prygoski et al.,” US 2024/0138949 (hereinafter Prygoski).
Regarding to claim 7, Tohmeh teaches all limitations of claim 1 as set forth above.
Tohmeh does not further teach wherein:
the shaft comprises multiple sections, wherein each section has a respective predefined length to enable a discrete adjustment of the distance between the pointing tip and the handle based on the respective predefined lengths,
the shaft comprises at least one optical indicator configured to optically indicate information associated with a currently adjusted length of the pointer,
However, in the analogous field of endeavor in medical instruments, Kaouk teaches an insertion shaft comprising multiple segments with markers corresponding to each segments, and the segments are movable and telescopically connected to one another to extend and retract ([0304]-[0305] Fig. 46) with plurality of markings in the insertion shaft ([0086]), and discloses that optical sensor can detect position of the markers ([0303]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Kaouk, since adjusting length by using plurality of discrete segments with plurality of markers was well known in the art as taught by Kaouk. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using plurality of discrete segments with markers detectable by optical sensor, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide positional information of plurality of segments and the instrument ([0305]), and there was reasonable expectation of success.
Kaouk does not further disclose details of the optical indicator wherein the at least one optical indicator comprises at least one of a length scale, a color coding, and a coding by an optical pattern, and neighboring sections comprise at least one of different colors and different optical patterns.
However, in the analogous field of endeavor in medical instruments, Prygoski teaches optically detecting markers, wherein neighboring markers are different markers, to estimate distance between pair of closely spaced symbols ([0052]) and the examples of markers can be colored dyes, differently colored woven stands or other ([0057]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify markers as taught by Kaouk to incorporate teaching of Prygoski, since different color markers was well known in the art as taught by Prygoski. One of ordinary skill in the art could have combined the elements as claimed by Kaouk with no change in their respective functions, configuring its plurality of markers corresponding to each segment to be different colors, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to allow for distance measurement between closely spaced indicia ([0052]) , and there was reasonable expectation of success.
Claims 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tohmeh and Vayser as applied to claim 8 above, and further in view of “Salvermoser et al.,” US 2017/0252073 (hereinafter Salvermoser).
Regarding to claims 9-10, Tohmeh and Vayser together teach all limitations of claim 8 as set forth above.
Vayser does not further teach that the locking mechanism is a preloaded snap-in element with corresponding receiving element, one depression as recited in claims 9-10.
However, in the analogous field of endeavor in medical/surgical instruments, Salvermoser teaches adjustable device and engaging two parts of the device, using spring snap fitting mechanism including:
wherein one of the shaft and the locking element comprises a preloaded snap-in element and the other one comprises a corresponding receiving element configured to releasably receive the snap-in element (a spring tongue of the head component easily snap fitted on toe attachment pin to securely connected to the handle [0151]).
wherein the shaft comprises at least one depression forming the receiving element, wherein the locking element comprises the preloaded snap-in element, and wherein the snap-in element is configured to engage the at least one depression (a scored section or a groove which cooperates with a spring tongue of the head component [0151])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute twist lock as taught by Vayser with snap fit attachment of Salvermoser, since spring snap fitting mechanism was well known in the art as taught by Salvermoser. One of ordinary skill in the art could have combined the elements as claimed by Vayser with no change in their respective functions, replacing the twist lock of Vayser with spring snap fit, and the substitution would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide easily releasable of the snap fit to detach one part from another ([0151]), and there was reasonable expectation of success.
Regarding to claims 12-13, Tohmeh and Vayser together teach all limitations of claim 11 as set forth above.
Vayser does not further teach that the locking mechanism is a preloaded snap-in element with corresponding receiving element, one depression as recited in claims 12-13.
However, in the analogous field of endeavor in medical/surgical instruments, Salvermoser teaches adjustable device and engaging two parts of the device, using spring snap fitting mechanism including:
wherein one of the shaft and the locking element comprises a preloaded snap-in element and the other one comprises a corresponding receiving element configured to releasably receive the snap-in element (a spring tongue of the head component easily snap fitted on toe attachment pin to securely connected to the handle [0151]).
wherein the shaft comprises at least one depression forming the receiving element, wherein the locking element comprises the preloaded snap-in element, and wherein the snap-in element is configured to engage the at least one depression (a scored section or a groove which cooperates with a spring tongue of the head component [0151])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute twist lock as taught by Vayser with snap fit attachment of Salvermoser, since spring snap fitting mechanism was well known in the art as taught by Salvermoser. One of ordinary skill in the art could have combined the elements as claimed by Vayser with no change in their respective functions, replacing the twist lock of Vayser with spring snap fit, and the substitution would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide easily releasable of the snap fit to detach one part from another ([0151]), and there was reasonable expectation of success.
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over “Tohmeh et al.,” US 2015/0100091 (hereinafter Tohmeh) in view of “Kaouk et al.,” US 2025/0134488 (hereinafter Kaouk).
Regarding to claim 15, Tohmeh teaches a system comprising:
a length-adjustable surgical pointer comprising a shaft carrying a pointing tip (80 elongate shaft carrying distal tip 82 Fig. 6 [0074]) and
a handle supporting the shaft (handle 66 Fig. 4 [0072]), wherein at least a portion of the shaft is movable in a translatory manner relative to the handle so as to adjust a distance between the pointing tip and the handle (length of elongate shaft is adjustable [0075]), and
wherein the shaft comprises at least one optical indicator configured to optically indicate information associated with a currently adjusted length of the pointer (IR reflective markers provide positional information, adjusted length of the shaft [0075]).;
Tohmeh teaches tracking system to track the pointer ([0071]-[0072]), but does not further explicitly disclose a camera configured to generate image data indicative of the at least one optical indicator.
However, in the analogous field of endeavor in medical instruments, Kaouk teaches an insertion shaft comprising multiple segments with markers corresponding to each segments, and the segments are movable and telescopically connected to one another to extend and retract ([0304]-[0305] Fig. 46) with plurality of markings in the insertion shaft ([0086]), and discloses that optical sensor, a camera, can detect position of the markers ([0303]) and provide an image data ([0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Kaouk, since adjusting length by using plurality of discrete segments with plurality of markers was well known in the art as taught by Kaouk. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using plurality of discrete segments with markers detectable by optical sensor, such as a camera, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide positional information in the image ([0303]), and there was reasonable expectation of success.
Regarding to claim 16, Tohmeh and Kaouk together teaches all limitations of claim 15 as set forth above.
Kaouk further teaches comprising a computing device (processing unit receive the image data[0065]) configured to receive the image data and determine information associated with a currently adjusted length of the pointer based at least in part on the at least one optical indicator indicated in the received image data (optical sensor provide image signals that an automated control system may visually determine the position of the head based on the markers [0303]).
Regarding to claim 17, Tohmeh and Kaouk together teaches all limitations of claim 16 as set forth above.
Tohmeh teaches mapping of optical indicators with adjusted pointer lengths ([0075]) and depending on the type of surgery, type of patient deformity in selecting a digitizer from a selection of different digitizers ([0115]; color-coded distance indicator provides visual feedback to the user as to the distance of the point has been adjusted [0124]) and choosing different lengths based on user preference and patient anatomical considerations ([0116]).
Tohmeh does disclose indicators are color-coded and IR-reflective markers, but does not clearly teach that optical indicator indicate in the image data.
However, as set forth above in claims 15-16, Kaouk teaches detecting the at least one optical indicator indicated in the image data ([0067], [ 0086] and [0303]-[0305]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Kaouk, since optical imaging with plurality of markers was well known in the art as taught by Kaouk. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using markers detectable by optical sensor such as a camera, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide positional information in the image ([0303]), and there was reasonable expectation of success.
Regarding to claim 18, Tohmeh and Kaouk together teaches all limitations of claim 16 as set forth above.
Tohmeh further teaches the length-adjustable pointer further comprises a tracker configured to be detected by a surgical tracking system, or an interface for receiving the tracker (tracking system tracking array [0011]), and the computing device is configured to receive data indicative of a pose of the tracker (orientation and rotational data and translation data [0071]) when the tracker is comprised by the length-adjustable pointer or received by the interface and to generate navigation instructions based at least in part on the information associated with the currently adjusted length of the pointer and the indicated pose (distance from the digitized point and IR reflective markers in accordance with adjusted length [0075]; pose [0080] ], navigate the user with tracking [0155]).
Regarding to claim 19, Tohmeh teaches a computer-implemented method (computer aided [0007], control unit with software [0071]) for determining information associated with a currently adjusted length of a length-adjustable pointer comprising a shaft carrying a pointing tip (80 elongate shaft carrying distal tip 82 Fig. 6 [0074]) and a handle supporting the shaft (handle 66 Fig. 4 [0072]), wherein at least a portion of the shaft is movable in a translatory manner relative to the handle so as to adjust a distance between the pointing tip and the handle ( length of elongate shaft is adjustable [0075]).
a length-adjustable surgical pointer comprising a shaft carrying a pointing tip (80 elongate shaft carrying distal tip 82 Fig. 6 [0074]) and
a handle supporting the shaft (handle 66 Fig. 4 [0072]), wherein at least a portion of the shaft is movable in a translatory manner relative to the handle so as to adjust a distance between the pointing tip and the handle (length of elongate shaft is adjustable [0075]), and
wherein the shaft comprises optical indicator configured to optically indicate information associated with the currently adjusted length of the pointer (IR reflective markers provide positional information, adjusted length of the shaft [0075]).
Tohmeh teaches tracking system to track the pointer ([0071]-[0072]), but does not further explicitly disclose following limitations:
Receive image data indicative of the at least one optical indicator; and
Determining the information associated with the currently adjusted length of the pointer based at least in part on the at least one optical indicator indicated in the received image data.
However, in the analogous field of endeavor in medical instruments, Kaouk teaches an insertion shaft comprising multiple segments with markers corresponding to each segments, and the segments are movable and telescopically connected to one another to extend and retract ([0304]-[0305] Fig. 46) with plurality of markings in the insertion shaft ([0086]), and discloses that optical sensor, a camera, can detect position of the markers ([0303]) and provide an image data ([0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify adjustable shaft as taught by Tohmeh to incorporate teaching of Kaouk, since adjusting length by using plurality of discrete segments with plurality of markers was well known in the art as taught by Kaouk. One of ordinary skill in the art could have combined the elements as claimed by Tohmeh with no change in their respective functions, configuring adjusting length of the shaft by using plurality of discrete segments with markers detectable by optical sensor, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide positional information of plurality of segments and the instrument and positional information in the image ([0303] and [0305]), and there was reasonable expectation of success.
Regarding to claim 20, Tohmeh and Kaouk together teach all limitations of claim 19 as set forth above.
Tohmeh further teaches the length-adjustable pointer further comprises a tracker configured to be detected by a surgical tracking system, or an interface for receiving the tracker (tracking system tracking array [0011]), and the method further comprising receiving data indicative of a pose of the tracker (orientation and rotational data and translation data [0071]) when the tracker is comprised by the length-adjustable pointer or received by the interface and determining navigation instructions based at least in part on the information associated with the currently adjusted length of the pointer and the indicated pose (distance from the digitized point and IR reflective markers in accordance with adjusted length [0075]; pose [0080], navigate the user with tracking [0155]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA J PARK whose telephone number is (571)270-1788. The examiner can normally be reached Monday-Thursday 8 am - 3 pm.
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/PATRICIA J PARK/Primary Examiner, Art Unit 3798
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