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.
Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakita et al. (US Patent 4,981,143).
With respect to claim 1, Sakita discloses a gripping and positioning tool (see fig 1 and 2 below) for holding and positioning a spinal poly-axial screw insertion guide ( the ball on the tool can be used to hold a polyaxially joint on a guide) comprising: a main body (fig 1, 1) extending along a longitudinal axis (fig 1 below) and having a first end (see fig 1 below) and a second end (see fig 1 below) ;a handle (fig 1, 8)coupled to the first end of said main body; and a spherical joint (fig 1, 3a) disposed at a terminal end (fig 2) of the second end of said main body and configured to be directly coupled with and disposed inside of a housing of said poly-axial screw insertion guide when the gripping and positioning tool is used to grip and position said spinal poly-axial screw insertion guide (the guide is not positively claimed, the ball joint would fit into a joint in a guide), wherein said main body extends entirely along said longitudinal axis (fig 1), said handle and said spherical joint being in axial alignment with said main body (fig 1), and wherein said spherical joint is configured for varying an angular position of the longitudinal axis of the main body with respect to the spinal poly-axial screw insertion guide while keeping an application direction of the applying force to the handle of the spinal poly-axial screw insertion guide constant when the gripping and positioning tool is used to grip and position a spinal poly-axial screw insertion guide (ball joint would allow for polyaxially movement to maintain pressure in various positions),wherein the main body, handle, and spherical joint are monolithically formed (fig 1), and wherein the spherical joint comprises a central axis, and at least a portion of an outer surface of the spherical joint intersects the central axis (fig 2). With respect to claim 4, Sakita discloses wherein said main body has ergonomic grooves (Fig 2, 5 and &) to facilitate the handling of the tool even in the presence of fluids. With respect to claim 5, Sakita discloses wherein said handle defines a T with said main body (see fig 1 below). With respect to claim 6, Sakita discloses wherein the tool is made of a radiolucent material (Col. 4, ll. 7-13 made of resin or a polymer). With respect to claim 7, Sakita discloses wherein the central axis of the spherical joint is coaxial with the longitudinal axis of the main body (fig 1 and 2 below).
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Allowable Subject Matter
Claims 8 and 9 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 4-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5010658 A discloses a tool have a terminal end with a spherical joint
US 5014444 A discloses a tool have a terminal end with a spherical joint
US 20040023187 A1 discloses a tool have a terminal end with a spherical joint
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773