Detailed Action
This office action is for US application number 17/724,719 evaluates the claims as filed on November 24, 2025.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 24, 2025 has been entered.
Response to Arguments
Applicant's arguments filed November 24, 2025 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 Lavi and Fossella teach 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 Lavi and Owoc do not disclose cam through slots (Remarks p. 5-11), Examiner agrees and notes that Fosella is provide in the below rejection in regards to this limitation.
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) 9-14 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) 9 is/are unclear with regards to “the cam assembly includes a cam wheel having a plurality of spiral slots” in lines 1-2 and “the spiral slots” of line 3 and if this is intended to refer to or be in addition to the “plurality of cam through slots” of claim 1. As there does not appear to be support for spiral slots in addition to through slots and Applicant amended the spiral slots of claim 15 to through slots, Examiner is interpreting this as referring to, and suggests amending as, “wherein the cam assembly includes a cam wheel having [[a]]the plurality of cam through slots and a dial coupled to the cam wheel, and the pin assemblies extend respectively through the cam through slots.”.
Claim(s) 10-14 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, 3, 4, 8-11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lavi (US 2007/0078518) in view of Fossella (US 5,076,121).
As to claims 1, 3, 4, 8-11, and 15, Lavi discloses a tool (70, Figs. 6 and 7, ¶36) capable of use for removing a glenosphere base (Figs. 6 and 7, ¶36 discloses rotating 70 to turn 10 to engage threads of 10 with bone; thus, 70 is capable of being rotated in the opposite direction to achieve the opposite rotation of 10 for the structures shown in Figs. 6 and 7) capable of use for removing an installed glenosphere base (Figs. 6 and 7, ¶36 discloses rotating 70 to turn 10 to engage threads of 10 with bone; thus, 70 is capable of being rotated in the opposite direction to achieve the opposite rotation of 10 for the structures shown in Figs. 6 and 7) having a plurality of fastener holes (62, 62’, Figs. 1-7), the tool comprising: a housing (78) having an axis of rotation (along cannulation 96, ¶36); a handle (72) coupled to the housing (Fig. 6) capable of receiving a loosening torque from a user (Figs. 6 and 7, ¶36); a plurality of pin assemblies (94, 94’, Figs. 6 and 7) in the housing (Fig. 6, ¶36) capable of engaging the fastener holes of the glenosphere base (Fig. 7, ¶36), each of the pin assemblies extending substantially parallel to the axis of rotation (Fig. 6, ¶36) and spaced radially from the axis of rotation by a radial distance (Fig. 6); and a neck assembly structured to transfer the loosening torque to the pin assemblies (Figs. 6 and 7, ¶s 35 and 36) capable of use for unscrewing the glenosphere base (Figs. 6 and 7, ¶36 discloses rotating 70 to turn 10 to engage threads of 10 with bone; thus, 70 is capable of being rotated in the opposite direction to achieve the opposite rotation of 10 for the structures shown in Figs. 6 and 7). As to claim 15, Lavi discloses that the plurality of pin assemblies consists of two pin assemblies (as defined, Fig. 6).
Lavi is silent to a cam assembly having a plurality of cam through slots for adjusting the radial distances of the pin assemblies; and the neck assembly comprising a ratchet assembly. As to claim 3, Lavi is silent to ratchet assembly includes a gear wheel having teeth, a pawl and a biasing member to bias the pawl against the teeth. As to claim 4, Lavi is silent to the biasing member is a spring. As to claim 8, Lavi is silent to the housing includes a through-bore and a pawl receptacle, the gear wheel is rotatably seated within the through-bore, and the pawl is positioned within the pawl receptacle. As to claim 9, Lavi is silent to the cam assembly includes a cam wheel having the plurality of cam through slots and a dial coupled to the cam wheel, and the pin assemblies extend respectively through the cam through slots. As to claim 10, Lavi is silent to the housing includes a through-bore and a pawl receptacle, the ratchet assembly includes a gear wheel with teeth rotatably seated within the through-bore, a pawl within the pawl receptacle and a biasing member to bias the pawl against the teeth. As to claim 11, Lavi is silent to the biasing member is a spring.
Fossella teaches similar tool (Figs. 1-11) capable of gripping and rotating a threaded fastener (“bolts” of col. 1 lines 24-25, col. 1 lines 24-25, col. 4 lines 43-46 and 53-61, col. 5 lines 22-29), the tool comprising: a housing (24, left portion of 20 as shown in Figs. 1-3, Figs. 1-3) having an axis of rotation (28, Fig. 2); a handle coupled (right portion of 20 as shown in Figs. 1-3, Figs. 1-3) to the housing (Figs. 1-3) capable of receiving a loosening torque from a user (col. 4 lines 3-16, abstract); a plurality of engagement assemblies (26s as shown in Fig. 1, Fig. 1) in the housing (Figs. 2 and 3) capable of engaging the fastener (“bolts” of col. 1 lines 24-25, col. 1 lines 24-25, col. 4 lines 43-46 and 53-61, col. 5 lines 22-29), each of the engagement assemblies extending substantially parallel to the axis of rotation (Fig. 3) and spaced radially from the axis of rotation by a radial distance (Fig. 3); a cam assembly (central portion of 42 as shown in Fig. 4, i.e. including 60s, Figs. 3-5) having a plurality of cam through slots (60s) capable of adjusting the radial distances of the pin assemblies (Figs. 3-5); and the neck assembly comprising a ratchet assembly (30, peripheral portion of 42 as shown in Fig. 4, i.e. including 86, 120, 130, Figs. 3 and 5) structured to transfer the loosening torque to the engagement assemblies (Figs. 1-11) capable of use for unscrewing the implant (Figs. 1-11, col. 4 lines 3-16). As to claim 3, Fossella teaches that the ratchet assembly includes a gear wheel (86, Fig. 5, col. 3 line 14) having teeth (Fig. 5), a pawl (120) and a biasing member (spring of “spring loaded plunger 130” of col. 3 line 55, col. 3 line 55) to bias the pawl against the teeth (Fig. 5, col. 3 line 55). As to claim 4, Fossella teaches that the biasing member is a spring (spring of “spring loaded plunger 130” of col. 3 line 55, col. 3 line 55). As to claim 8, Fossella teaches that the housing includes a through-bore (defined by peripheral sidewall 36 and radially interior surface of bottom wall 34, Figs. 3) and a pawl receptacle (140, opening shown around pawl 120 in Figs. 3 and 5, Figs. 2, 3, 5, and 10), the gear wheel is rotatably seated within the through-bore (Figs. 3 and 5), and the pawl is positioned within the pawl receptacle (as defined, Figs. 2, 3, and 5). As to claim 9, Fossella teaches that the cam assembly includes a cam wheel (central portion of 42, Figs. 3-5) having the plurality of cam through slots (as defined, Figs. 3-5) and a dial (74) coupled to the cam wheel (Figs. 2, 3, and 11, col. 3 lines 17-38), and the engagement assemblies extend respectively through the cam through slots (Figs. 3-5; where Fig. 3 shows engagement assembly portion 72 extending therethrough). As to claim 10, Fossella teaches that the housing includes a through-bore (defined by peripheral sidewall 36 and radially interior surface of bottom wall 34, Figs. 3) and a pawl receptacle (140, opening shown around pawl 120 in Figs. 3 and 5, Figs. 2, 3, 5, and 10), the ratchet assembly includes a gear wheel (86, Fig. 5, col. 3 line 14) with teeth (Fig. 5) rotatably seated within the through-bore (Figs. 3 and 5), a pawl (120) within the pawl receptacle (as defined, Figs. 2, 3, and 5) and a biasing member (spring of “spring loaded plunger 130” of col. 3 line 55, col. 3 line 55) to bias the pawl against the teeth (Fig. 5, col. 3 line 55). As to claim 11, Fossella teaches that the biasing member is a spring (spring of “spring loaded plunger 130” of col. 3 line 55, col. 3 line 55). As to claim 15, Fossella teaches that the plurality of engagement assemblies consists of two engagement assemblies (as defined, Figs. 1 and 3).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the housing and neck assembly as disclosed by Lavi to be shaped as the housing and to include a cam assembly and ratchet assembly as taught by Fosella in order to aid in attaching or removing a threaded fastener (Fosella col. 1 lines 24-25, col. 4 lines 43-46 and 53-61, col. 5 lines 22-29; Lavi Figs. 6 and 7, ¶s 26 and 36) for installing and removing fasteners of various size (Fosella col. 1 lines 24-25, col. 5 lines 22-29).
Allowable Subject Matter
Claims 2 and 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims if rewritten as suggested or consistent with the interpretation set forth in this Office action to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action for the base claim and any intervening claims.
Claims 16-20 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.
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/AMY R SIPP/Primary Examiner, Art Unit 3775