Detailed Action
This is the final office action for US application number 17/697,765. Claims are evaluated as filed on March 17, 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 .
Response to Arguments
Applicant's arguments filed March 17, 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 asserts that Dorr, Clements, and Ralph teaches all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s argument that amendments to the specialized adapter are not disclosed by Dorr, Gerbec, or Ralph (Remarks p. 9-11), Examiner notes that Clements is provided in the below rejections in regards to the adapter limitations. Examiner notes that while the disclosed structures are shown to differ, those differences are not claimed.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/297,947, 16/691,271, 15/627,723, 62/353,261, and 62/510,111, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 63/297,947, 16/691,271, 15/627,723, 62/353,261, and 62/510,111 fail to provide adequate support for at least the first and second articulating means and pinchers for releasably attaching a tool of claims 1 and 11.
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.
Claim(s) 1-7 and 10-13 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 1 is/are unclear with regards to “aligning a polar orientation of the tool” in line 20 and the meaning and scope of polar as such has not been defined in the specification and such context does not appear applicable to the ordinary usage of “polar”. Examiner is interpreting this broadly and suggests amending to clarify.
Claim(s) 11 recites/recite the limitation "the adjustment of the position of the main grip" in lines 11-12 and “the adjustment of the position of the center body” in line 13. There is insufficient antecedent basis for these limitations in the claim. Examiner is interpreting this as referring to, and suggests amending as, “allows for [[the]] adjustment of [[the]]a position of the main grip and the center body relative to each other, wherein the push button of the second articulating means allows for [[the]] adjustment of [[the]]a position of the center body and the broach connect body relative to each other”.
Claim(s) 11 is/are unclear with regards to “aligning a polar orientation of the tool” in line 19 and the meaning and scope of polar as such has not been defined in the specification and such context does not appear applicable to the ordinary usage of “polar”. Examiner is interpreting this broadly and suggests amending to clarify.
Claim(s) 11 recites/recite the limitation "the rotational stop" in line 20. There is insufficient antecedent basis for this limitation in the claim. Examiner is interpreting this as referring to, and suggests amending as, “a broach connect body having a rotational stop extending from an end of the broach connect body” in line 5.
Claim(s) 2-7, 10, 12, and 13 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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 of this title, 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) 1-7 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorr (US 2,638,092) in view of Clements et al. (US 2021/0228219, hereinafter “Clements”) and Ralph et al. (US 2006/0074429, hereinafter “Ralph”).
As to claims 1-7 and 10-13, Dorr discloses a handle (Figs. 1-9) capable of articulating (via threading at 23/24, 12, 11, and 14, Figs. 4 and 9, col. 3 lines 64-70) and use with a surgical tool (Figs. 1-9), the handle comprising: a disc (25, Figs. 4 and 9) capable of use with a force (Fig. 9); a main grip (22); a center body (20); a body (10) capable of use in creating a broach connection (Fig. 9); an adapter (13, 17) having a thickness (Fig. 4), a bore (14) and a boss (17); first and second means (threading at 23/24 and 12, Fig. 4) capable of articulating (Figs. 4 and 9, col. 3 lines 64-70); means (15, 16) capable of use for releasably attaching a tool (Figs. 3, 4, 8, and 9), wherein the adapter capable of allowing a tool (N) to attach to the articulating surgical handle (Figs. 8 and 9), wherein the first and second means capable of articulating enable the center body to rotate in discrete increments (as defined, i.e. threaded connections are capable of rotating if discrete increments if one so chooses to rotate them in discrete increments), within a range of rotation between 0 degrees and 360 degrees (Figs.4 and 9, col. 3 lines 64-70), about a longitudinal axis of the main grip and the broach connect body, respectively (Figs.4 and 9, col. 3 lines 64-70). As to claim 2, Dorr discloses that the first means capable of articulating connects the main grip and the center body (as defined, Fig. 4) and the second means capable of articulating connects the center body and the body capable of use in creating a broach connection (as defined, Fig. 4). As to claim 3, Dorr discloses that the main grip, center body, body capable of use in creating a broach connection connected to the tool and the first and second means capable of articulating allow for a double offset configuration (Figs. 4 and 9). As to claim 4, Dorr discloses that, in the double offset configuration, the main grip is offset spatially from the tool and maintaining parallel axes of the longitudinal main grip and the body capable of use in creating a broach connection (Figs. 4 and 9, col. 2 lines 42-45). As to claim 5, Dorr discloses that the spatial offset of the main grip and the broach connect body is capable of being adjusted by the first and second means capable of articulating (Figs. 4 and 9, col. 3 lines 64-70). As to claim 6, Dorr discloses that the discrete increments that the means that are capable of articulating are capable of rotating are 60 degrees of rotation (if one so chooses to rotated them as such, Fig. 4). As to claim 7, Dorr discloses that the tool that the adapter is capable of allowing attachment to and to which the means are capable of releasably attaching is a broach (if one so chooses to use them with a correspondingly configured broach, Figs. 3 and 4).
Dorr is silent to the broach connect body having a rotational stop extending from an end of the broach connect body; the boss disposed remote from the bore and extending from one surface of the adapter, and the adapter having a groove extending along an opposite surface of the adapter, each of the first and second articulating means comprises a push button and spring, wherein the push button of the first articulating means is configured to adjust a position of the main grip and the center body relative to each other, wherein the push button of the second articulating means is configured to adjust a position of the center body and the broach connect body relative to each other; the means are pinchers disposed on the broach connect body, wherein the adapter allows is configured to allow a tool to attach to the articulating surgical handle by receiving a pin of the tool in the bore of the adapter, wherein the boss is configured to align a polar orientation of the tool, wherein the groove engages the rotational stop on the broach connect body to prevent rotation of the adapter relative to the broach connect body. As to claim 10, Dorr is silent to the adapter is a multitude of adapters having different thicknesses and locations of the bore and the boss.
Clements teaches a similar surgical tool handle (202, 204) comprising: a force disc (216); a main grip (portion of 202 abutting 216 as shown in Fig. 2, Fig. 2); a center body (center portion of 202 as shown in Fig. 2, Fig. 2) comprising a linkage (210) and a lever (208) capable of actuating at least one pincher (302, Fig. 3, ¶43); a body (right portion of 202 as shown in Fig. 2, Fig. 2, 3, and 5C-5E) capable of connecting to a broach (150, Fig. 2) and having a rotational stop (312, Figs. 3 and 5C-5E) extending from an end of the broach connect body (Figs. 3 and 5C-5E); an adapter (204) having a thickness (Figs. 3-5E), a bore (420), a boss (424) disposed remote from the bore (Fig. 4B) and extending from one surface of the adapter (Fig. 4B), and a groove (314, Figs. 4A and 4C, ¶48 discloses 314 varies in shape such as being rectangular, pentagonal, etc.) extending along an opposite surface of the adapter (Figs.3-4C), wherein the adapter comprises multiple adapters (¶38) can be used during a single surgery such that multiple rasps sizes can be assembled to expedite to the rasping process (¶38), and pinchers (302, portion of 202 to the right of 304 as shown in Fig. 3, Fig. 3) disposed on the broach connect body (as defined, Fig. 3) and being capable of releasably attaching a tool (206, Figs. 3 and 5A-5E, ¶s 61-65, where ¶s 61-64 disclose method steps of attaching the tool, ¶65 discloses removing 206), wherein the adapter capable of allowing a tool to attach to the articulating surgical handle tool (206, Figs. 3 and 5A-5E ) by receiving a pin of the tool (154) in the bore of the adapter tool (Figs. 3 and 5A-5E), wherein the boss is capable of aligning a polar orientation of the tool (Figs. 3 and 5A-5E), wherein the groove engages the rotational stop on the broach connect body (Figs. 3 and 5D-5E) capable of preventing rotation of the adapter relative to the broach connect body (¶s 44, 48, and 64). As to claim 7, Clements teaches that the tool that the adapter is capable of allowing attachment to and to which the pinchers are capable of releasably attaching is a broach (206, Fig. 2). As to claim 10, Clements teaches that the adapter is a multitude of adapters (¶38) having different thicknesses and locations of the bore and the boss (¶s 38 and 41, where ¶38 discloses multiple adapters, ¶41 disclose use for differing geometry of connections between the tool and handle such as for height or shape).
Ralph teaches a similar handle (Figs. 1-9) capable of articulating (Fig. 3, abstract) and use with a surgical tool (Fig. 1, abstract, ¶32), the handle comprising: a disc (45, Fig. 2) capable of use with a force (Fig. 4, ¶37); a main grip (43); a body (29, 33); an adapter (51) having a thickness (Fig. 4) and a bore (Fig. 4); means (9, 19, 41, 37, Figs. 1, 2, 4, and 7) capable of articulating (Fig. 3, ¶s 26, 31, and 34); wherein the means capable of articulating comprises a push button (41) and spring (37), wherein the push button of the first articulating means is capable of adjusting of a position of the main grip and the body relative to each other (Figs. 1-4 and 7, ¶s 26, 31, and 34); means (47) capable of use for releasably attaching a tool (7, 5, Fig. 1, ¶32), wherein the adapter capable of allowing a tool (7, 5, Fig. 1, ¶32) to attach to the articulating surgical handle (Figs. 1 and 2, ¶40), wherein the first and second means capable of articulating enable the body to rotate in discrete increments (as defined due to the splines, Figs. 1, 2, and 7, ¶s 26, 31, and 34), within a range of rotation between 0 degrees and 360 degrees (Figs. 1 and 2). As to claim 6, Ralph teaches that the discrete increments that the means that are capable of articulating are capable of rotating are 60 degrees of rotation (if one so chooses to rotated them as such, Figs. 2 and 7, ¶31 discloses a number of parallel splines).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the center body, broach connect body, and adapter as disclosed by Dorr by adding a lever and linkage to the center body and substituting the broach connect body and adapters as taught by Clements in order to predictably secure and release the adapter and the tool to the handle (Clements ¶43) and enable multiple tool sizes to be used during a single surgery to expedite the process (Clements ¶38) where tools can vary in the geometry for connecting to a handle in size and shape (Clements ¶s 40 and 41). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the articulating means threaded holes and threaded shaft ends as disclosed by Dorr by replacing the threading of the holes and shaft ends with splines and adding the pushbutton, spring, and corresponding aperture as taught by Ralph in order to provide a known releasable connection that is easily adjusted without disassembling the parts (Ralph ¶32) by the surgeon pressing the pushbutton, adjusting the angle to any of a number of different angles, and releasing the pushbutton (Ralph ¶36), i.e. to provide a known alternate angularly adjustable connection that provides the added benefit of fixation at the user selected angle which prevents inadvertent angular adjustment that is possible with a typical threaded connection.
As a result, as to claim 1, the combination of Dorr, Clements, and Ralph discloses that each of the first and second articulating means (Dorr threading at 23/24 and 12, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7) comprises a push button (Ralph 41) and spring (Ralph 37), wherein the push button of the first articulating means allows for the adjustment of the position of the main grip and center body relative to each other (Dorr threading at 23/24, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7), wherein the push button of the second articulating means allows for the adjustment of the position of the center body and the broach connect body relative to each other (Dorr threading at 12, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7).
As to claims 11-13, Dorr discloses a handle (Figs. 1-9) capable of articulating (via threading at 23/24, 12, 11, and 14, Figs. 4 and 9, col. 3 lines 64-70) and use with a surgical tool (Figs. 1-9), the handle comprising: a disc (25, Figs. 4 and 9) capable of use with a force (Fig. 9); a main grip (22); a center body (20); a body (10) capable of use in creating a broach connection (Fig. 9); an adapter (13, 17) having a thickness (Fig. 4), a bore (14) and a boss (17); first and second means (threading at 23/24 and 12, Fig. 4) capable of articulating (Figs. 4 and 9, col. 3 lines 64-70); means (15, 16) capable of use for releasably attaching a tool (Figs. 3, 4, 8, and 9), wherein the adapter capable of allowing a tool (N) to attach to the articulating surgical handle (Figs. 8 and 9). As to claim 13, Dorr discloses that the tool that the adapter is capable of allowing attachment to and to which the means are capable of releasably attaching is a broach (if one so chooses to use them with a correspondingly configured broach, Figs. 3 and 4).
Dorr is silent to the broach connect body having a rotational stop extending from an end of the broach connect body; the boss disposed remote from the bore and extending from one surface of the adapter, and the adapter having a groove extending along an opposite surface of the adapter, each of the first and second articulating means comprises a push button and spring, wherein the push button of the first articulating means allows for adjustment of a position of the main grip and the center body relative to each other, wherein the push button of the second articulating means allows for adjustment of a position of the center body and the broach connect body relative to each other; the means are pinchers disposed on the broach connect body, wherein the adapter allows is configured to allow different tools to attach to the articulating surgical handle, wherein the boss is configured to align a polar orientation of the tool, wherein the groove engages the rotational stop on the broach connect body to prevent rotation of the adapter relative to the broach connect body. As to claim 12, Dorr is silent to the adapter is a multitude of adapters having different thicknesses and locations of the bore and the boss.
Clements teaches a similar surgical tool handle (202, 204) comprising: a force disc (216); a main grip (portion of 202 abutting 216 as shown in Fig. 2, Fig. 2); a center body (center portion of 202 as shown in Fig. 2, Fig. 2) comprising a linkage (210) and a lever (208) capable of actuating at least one pincher (302, Fig. 3, ¶43); a body (right portion of 202 as shown in Fig. 2, Fig. 2, 3, and 5C-5E) capable of connecting to a broach (150, Fig. 2) and having a rotational stop (312, Figs. 3 and 5C-5E) extending from an end of the broach connect body (Figs. 3 and 5C-5E); an adapter (204) having a thickness (Figs. 3-5E), a bore (420), and a boss (424) disposed remote from the bore (Fig. 4B) and extending from one surface of the adapter (Fig. 4B), and a groove (314, Figs. 4A and 4C, ¶48 discloses 314 varies in shape such as being rectangular, pentagonal, etc.) extending along an opposite surface of the adapter (Figs.3-4C), wherein the adapter comprises multiple adapters (¶38) can be used during a single surgery such that multiple rasps sizes can be assembled to expedite to the rasping process (¶38), and pinchers (302, portion of 202 to the right of 304 as shown in Fig. 3, Fig. 3) disposed on the broach connect body (as defined, Fig. 3) and being capable of releasably attaching a tool (206, Figs. 3 and 5A-5E, ¶s 61-65, where ¶s 61-64 disclose method steps of attaching the tool, ¶65 discloses removing 206), wherein the adapter capable of allowing different tools to attach to the articulating surgical handle tool (206, multiple of ¶38, Figs. 3 and 5A-5E, ¶s 38 and 41), wherein the boss is capable of aligning a polar orientation of the tool (Figs. 3 and 5A-5E), wherein the groove engages the rotational stop on the broach connect body (Figs. 3 and 5D-5E) capable of preventing rotation of the adapter relative to the broach connect body (¶s 44, 48, and 64). As to claim 12, Clements teaches that the adapter is a multitude of adapters (¶38) having different thicknesses and locations of the bore and the boss (¶s 38 and 41, where ¶38 discloses multiple adapters, ¶41 disclose use for differing geometry of connections between the tool and handle such as for height or shape) and where selection of one of the adapters is based on the tool to be used (¶s 38 and 41). As to claim 13, Clements teaches that the tool that the adapter is capable of allowing attachment to and to which the pinchers are capable of releasably attaching is a broach (206, Fig. 2).
Ralph teaches a similar handle (Figs. 1-9) capable of articulating (Fig. 3, abstract) and use with a surgical tool (Fig. 1, abstract, ¶32), the handle comprising: a disc (45, Fig. 2) capable of use with a force (Fig. 4, ¶37); a main grip (43); a body (29, 33); an adapter (51) having a thickness (Fig. 4) and a bore (Fig. 4); means (9, 19, 41, 37, Figs. 1, 2, 4, and 7) capable of articulating (Fig. 3, ¶s 26, 31, and 34); wherein the means capable of articulating comprises a push button (41) and spring (37), wherein the push button of the first articulating means is capable of adjusting of a position of the main grip and the body relative to each other (Figs. 1-4 and 7, ¶s 26, 31, and 34); means (47) capable of use for releasably attaching a tool (7, 5, Fig. 1, ¶32), wherein the adapter capable of allowing a tool (7, 5, Fig. 1, ¶32) to attach to the articulating surgical handle (Figs. 1 and 2, ¶40), wherein the first and second means capable of articulating enable the body to rotate in discrete increments (as defined due to the splines, Figs. 1, 2, and 7, ¶s 26, 31, and 34), within a range of rotation between 0 degrees and 360 degrees (Figs. 1 and 2).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the center body, broach connect body, and adapter as disclosed by Dorr by adding a lever and linkage to the center body and substituting the broach connect body and adapters as taught by Clements in order to predictably secure and release the adapter and the tool to the handle (Clements ¶43) and enable multiple tool sizes to be used during a single surgery to expedite the process (Clements ¶38) where tools can vary in the geometry for connecting to a handle in size and shape (Clements ¶s 40 and 41). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the articulating means threaded holes and threaded shaft ends as disclosed by Dorr by replacing the threading of the holes and shaft ends with splines and adding the pushbutton, spring, and corresponding aperture as taught by Ralph in order to provide a known releasable connection that is easily adjusted without disassembling the parts (Ralph ¶32) by the surgeon pressing the pushbutton, adjusting the angle to any of a number of different angles, and releasing the pushbutton (Ralph ¶36), i.e. to provide a known alternate angularly adjustable connection that provides the added benefit of fixation at the user selected angle which prevents inadvertent angular adjustment that is possible with a typical threaded connection.
As a result, as to claim 11, the combination of Dorr, Clements, and Ralph discloses that each of the first and second articulating means (Dorr threading at 23/24 and 12, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7) comprises a push button (Ralph 41) and spring (Ralph 37), wherein the push button of the first articulating means allows for the adjustment of the position of the main grip and center body relative to each other (Dorr threading at 23/24, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7), wherein the push button of the second articulating means allows for the adjustment of the position of the center body and the broach connect body relative to each other (Dorr threading at 12, Fig. 4; Ralph 9, 19, 41, 37, Figs. 1, 2, 4, and 7).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
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