Detailed Action
This office action is for US application number 17/448,184 evaluates the claims as filed on August 24, 2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 24, 2026 has been entered.
Response to Arguments
Applicant's arguments filed August 24, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
As to claim 32, the specification appears to lack proper antecedent basis for “a flat surface at the leading end, the flat surface oriented orthogonally to a longitudinal axis of the shaft” in lines 6-7. That is, the specification appears to silent to such a disclosure as well as any mention of a plane or planar feature that is perpendicular to another feature. Thus, the specification fails to provide proper antecedent basis for “a flat surface at the leading end, the flat surface oriented orthogonally to a longitudinal axis of the shaft” in lines 6-7.
As to claim 54, the specification appears to lack proper antecedent basis for “the first outer diameter is constant along a length of the first portion; the second outer diameter is constant along a length of the second portion” in lines 17-18. That is, the specification appears to silent to such a description as well as any mention of a diameter that is the same or uniform over a length or portion and is contrary to Figs. 2, 4, and 6, which show that the thread outer diameter decreases within each portion (see illustration of Fig. 2 where parallel dashed lines have been added that align with the edge/surface of the cannulation and some of the thread peaks). Thus, the specification fails to provide proper antecedent basis for “the first outer diameter is constant along a length of the first portion; the second outer diameter is constant along a length of the second portion” in lines 17-18.
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Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first outer diameter is constant along a length of the first portion; the second outer diameter is constant along a length of the second portion” in claim 54 lines 17-18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 54-59 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claims 54-59, “the first outer diameter is constant along a length of the first portion; the second outer diameter is constant along a length of the second portion” in claim 54 lines 17-18 appears to be new matter. That is, the specification appears to silent to such a description as well as any mention of a diameter that is the same or uniform over a length or portion and is contrary to Figs. 2, 4, and 6, which show that the thread outer diameter decreases within each portion (see illustration of Fig. 2 where parallel dashed lines have been added that align with the edge/surface of the cannulation and some of the thread peaks). Thus, “the first outer diameter is constant along a length of the first portion; the second outer diameter is constant along a length of the second portion” in claim 54 lines 17-18 constitutes new matter. Examiner suggests amending as “diameter is substantially constant along a length”.
Allowable Subject Matter
Claims 32-35, 50, 51, and 53 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice or telephone the Examiner.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMY R SIPP/Primary Examiner, Art Unit 3775
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