Ex Parte Malackowski et al - Page 12

                Appeal 2006-1914                                                                               
                Application 09/764,609                                                                         

           1       26. Other devices for detecting disposition of probes equipped with                         
           2       position sensors by transmission of non-ionizing fields are known in the                    
           3       art. . . .  the disposition of the movable field transducer can be calculated               
           4       from the characteristics  of the transmitted. (Acker, col. 6, ll. 26-37.)                   
           5                                                                                                   
           6       27.  [T]he system determines the position of object 60 in the frame of                      
           7       reference of reference field transducers or antennas 52 using device 28                     
           8       and the first or movable transducer 30.  (Acker, col. 7, ll. 6-9.)                          
           9                                                                                                   
          10       28.  Following the calibration cycle, the system continues to monitor the                   
          11       position and orientation of the first field transducer 30 and hence device                  
          12       28. (Acker, col. 8, ll. 32-34.)                                                             
          13                                                                                                   
          14       29.  The particular physical designs of mating elements are merely                          
          15       exemplary.  In the embodiments discussed above, the connection                              
          16       between the device incorporating first field transducer (the device                         
          17       mounted on the instrument) and the rest of the position detecting system                    
          18       is made through hard-wired connection with a plug.  Such a hard-wired                       
          19       connection can be replaced by a radio, infrared or other wireless                           
          20       telemetry link, in which case the device desirability includes an                           
          21       independent power supply such as a battery.  Telemetry avoids the                           
          22       physical encumbrance of loose wires trailing from the instrument.                           
          23       (Acker, col. 12, ll. 61-67.)                                                                
          24                                                                                                   
          25          From our review of the Kassam Declaration, we make the following                         
          26    findings of fact:                                                                              
          27                                                                                                   
          28       30.  I [Dr. Kassam] understand that the current application has been                        
          29       rejected because the invention as claimed is considered obvious in view                     
          30       of a patent that discloses a wired or tethered instrument communicating                     
          31       with a surgical navigation system.  (Kassam, p. 1, ¶ 5.)                                    
          32                                                                                                   
          33       31.  I [Dr. Kassam] believe that the use of wireless communication                          
          34       between an active smart instrument and a surgical navigation system has                     
          35       been recognized as a significant advance.  (Kassam, pp. 1-2, ¶ 6.)                          
          36                                                                                                   



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