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 7, 8, 20 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.
In claims 7,8, 20, “the distance” lacks a proper antecedent. Furthermore, it is unclear what/where the distance is being measured.
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) 1-6, 9-10, 12-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doyle (U.S. Publication No. 2023/0240735).
Doyle discloses an orthopedic surgical apparatus (1), comprising: an electromagnetic component including a stationary electromagnetic housing (100) and a moving armature component (104, 126), wherein the stationary electromagnetic housing includes a coil (paragraph 153) configured to receive an electric current resulting in generation of an electromagnetic field for triggering translation of the armature component within the stationary electromagnetic housing (paragraph 153, 176), wherein the electromagnetic field is configured to force the armature component to translate in at least one direction (paragraph 153, 161, 176); and a sensing component including at least one processor (Paragraph 340, Paragraphs 330-338 disclose that control electronics 4 is used to control impacts based on sensed parameters, and thus control electronics 4 is considered the processor), the at least one processor is configured to determine an inductance, associated with the electromagnetic field, based on at least one of: at least one current output signal and at least one voltage output signal generated by the coil (paragraph 350), and determine, based on the inductance, a position of the movable armature component within the stationary electromagnetic housing (paragraph 350, it can be construed that control electronics 4 is configured for these actions since previous paragraphs 330-338 discuss the control electronic assessing and determining impact force).
Regarding claim 2, the inductance is determined based on a plurality of current output signals and/or a plurality of voltage output signals generated by the coil (paragraph 350).
Regarding claim 3, the position of the movable armature component is determined based on a reciprocal inductance (Paragraph 350)
Regarding claim 4, the position of the movable armature component is determined based on a distance that the movable armature component translated within the stationary electromagnetic housing (as noted in paragraph 350, the position of the strike assembly, i.e armature, is able to be located, and thus the position can also be determined based on distance traveled based on the previous data acquired).
Regarding claim 5, the at least one processor (4) is configured to determine an intended direction of operation of the apparatus (paragraphs 150-151, “a user interface (e.g. a touch-sensitive display) is provided which enables the precise control and observation of a range of impact parameters. Parameters that may be controlled by the inputs include: speed of impact; force of impact; frequency of impact; direction of impact (e.g. whether to drive in an implant or pull out an implant): depth of implant (e.g. how far into a bone an implant is to be driven): and stability of implant (e.g. as may be measured by hoop stress”).
Regarding claim 6, the intended direction includes at least one of: a first direction of operation of the apparatus and a second operation of the apparatus, wherein the second direction of operation is opposite of the first direction of operation (paragraph 151, “ direction of impact (e.g. whether to drive in an implant or pull out an implant): depth of implant (e.g. how far into a bone an implant is to be driven”).
Regarding claim 9, the apparatus further comprising a striker body (106) configured to be coupled to the armature component (104) and an object (implant paragraph 2), wherein the at least one direction of translation movement of the armature component and the striker body is directly and/or indirectly dependent on a direction of the electric current applied to the coil (paragraph 181, “By altering the direction of the current entering the spool 114, the direction of the force placed on the body 104 can be altered. This enables a driving force or a removing force to be applied depending on the direction of the current.”).
Regarding claim 10, a change in a direction of the electric current applied to the coil is configured to change the at least one direction of translation movement of the armature component and the striker component (paragraph 181).
Regarding claim 12, the at least one direction includes a forward impact direction, a reverse impact direction, a combination of forward and reverse impact directions, and any combination thereof (paragraph 181).
Regarding claim 13, the object includes at least one of: a tool, an implant, and any combination thereof (paragraph 2).
Regarding claim 14, translation movement of the striker body is configured for positioning an implant in a bone and/or removal of the implant from the bone (paragraph 151).
Regarding claim 15, the coil is configured to receive one or more current pulses to trigger translation of the armature component and the striker body (paragraph 153).
Regarding claim 16, Doyle discloses a method for operating a surgical impactor tool, the surgical impactor tool including an electromagnetic component including a stationary electromagnetic housing (100) and a moving armature component (104, 126), wherein the stationary electromagnetic housing includes a coil (paragraph 153) configured to receive an electric current resulting in generation of an electromagnetic field for triggering translation of the armature component within the stationary electromagnetic housing (paragraph 153, 176), the method comprising: determining, using at least one processor of the surgical impactor tool, an inductance, associated with the electromagnetic field (paragraph 350), based on at least one of: at least one current output signal and at least one voltage output signal generated by the coil (paragraph 350); determining, using the at least one processor, based on the inductance, a position of the movable armature component within the stationary electromagnetic housing; and operating, using the at least one processor, the surgical impactor tool based on the determined position (paragraph 350, it can be construed that control electronics 4 is configured for these actions since previous paragraphs 330-338 discuss the control electronic assessing and determining impact force).
Regarding claim 17, the determining the inductance includes determining the inductance based on a plurality of current output signals and/or a plurality of voltage output signals generated by the coil (paragraph 350).
Regarding claim 18, the determining the position of the movable armature component includes determining at least one of: a reciprocal inductance, a distance that the movable armature component translated within the stationary electromagnetic housing, or any combination thereof (paragraph 350).
Regarding claim 19, the method further comprising determining an intended direction of operation of the surgical impactor tool, wherein the intended direction includes at least one of: a first direction of operation of the surgical impactor tool and a second operation of the surgical impactor tool, wherein the second direction of operation is opposite of the first direction of operation(paragraphs 150-151, “a user interface (e.g. a touch-sensitive display) is provided which enables the precise control and observation of a range of impact parameters. Parameters that may be controlled by the inputs include: speed of impact; force of impact; frequency of impact; direction of impact (e.g. whether to drive in an implant or pull out an implant): depth of implant (e.g. how far into a bone an implant is to be driven): and stability of implant (e.g. as may be measured by hoop stress”).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doyle in view of Chon (U.S. Publication No. 2015/0157503).
Doyle discloses the claimed invention except for the coil including a first coil and a second coil configured to receive electric currents for translating the armature in opposing directions. Chon teaches a surgical device with an electromagnet with coaxial first and second coils generating first and second magnetic fields to open and close a port (paragraph 7). It would have been obvious to one skilled in the art to construct the electromagnet of Doyle as a dual coil electromagnet in view of Chon to produce first and second magnetic fields that result in opposing forces.
Allowable Subject Matter
Claims 7, 8, 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 fails to disclose the electromagnetic surgical device as claimed and further including the processor configured to determine an intended direction of operation where the intended direction is in a first direction or in a second direction opposite the first direction. Wherein a distance being greater or less than a threshold distance determines the intended direction, i.e. when the armature is determine to be a certain distance from the proximal wall of the housing. Though Doyle discloses moving the device “backward” and “forward” to engaging an implanting or removal mode, there is no disclosure of the processor determining such positioning.
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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