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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