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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 19th 2025 has been entered.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Staunton et al. (US 2014/0276949).
Regarding claim 1, Staunton et al. disclose a device (76; Figures 32-38) capable of use as a sleeve extractor (it could attach to an appropriately structured sleeve component of a surgical instrument and pull it off of the instrument), comprising: a body (82) having a closed distal end and an open proximal end (evident from Figures 34A and 36 - the open proximal end at “80” in Figure 34A) defining a cavity (80) sized and shaped to receive a surgical instrument, the surgical instrument comprising a sleeve, a shaft, and a shaft adapter; (capable of receiving a sleeve in the same or similar way that member 78 is received - Figure 32); one or more longitudinally-extending fingers (84) defined in the body; and a tab (86) provided on an end of each finger and receivable within a notch defined in the shaft adapter or the shaft of a surgical instrument (as it is shown received within notch 98 of member 114 in Figure 37), the notch being located adjacent to a proximal end of the sleeve, wherein the sleeve is removed by locating the tab of each finger in a corresponding notch, engaging the proximal end of the sleeve with the tab of each finger, and retracting the body and the sleeve distally relative to the shaft adapter or the shaft (as can be seen in Figure 38, the tabs could engage a notch similar to groove 98, located proximal to a sleeve similar to member 78, and the body could then be retracted to remove such a sleeve; a sleeve, shaft and/or shaft adaptor are not positively recited nor structurally required by the claim).
Regarding claims 2-6, the recited components are not structurally required by the claims. The extractor of Staunton et al. is capable of removing a sleeve as claimed with an appropriately constructed surgical tool having the claimed features.
Regarding claim 10, the distal end of the body is closed (evident from Figures 34A and 36 - the open proximal end at “80” in Figure 34A).
Regarding claim 11, the body is capable of containing the sleeve after extraction if used with an appropriately constructed surgical tool having an appropriately constructed sleeve.
Claims 1- 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morel (US 4,368,999).
Regarding claim 1, Morel discloses a device (1/2/5; Figures 1-3) capable of use as a sleeve extractor (it could attach to an appropriately structured sleeve component of a surgical instrument and pull it off of the instrument - see drawing below), comprising: a body (1) having a closed distal end (at 8; col. 3, lines 4-8) and an open proximal end (at “1A” - Figure 1) defining a cavity (1A) sized and shaped to receive a surgical instrument (see drawing below), the surgical instrument comprising a sleeve, a shaft, and a shaft adapter; (see drawing below); one or more longitudinally-extending fingers (3) defined in the body; and a tab (9) provided on an end of each finger and receivable within a notch defined in the shaft adapter or the shaft of a surgical instrument (see drawing below), the notch being located adjacent to a proximal end of the sleeve, wherein the sleeve is removed by locating the tab of each finger in a corresponding notch, engaging the proximal end of the sleeve with the tab of each finger, and retracting the body and the sleeve distally relative to the shaft adapter or the shaft (as evident from Figures 1 and 2 and the drawing below, the tabs could engage a notch located proximal to a sleeve and the body could then be retracted to remove such a sleeve; a sleeve, shaft and/or shaft adaptor are not positively recited nor structurally required by the claim and the drawing below is one of enumerable, hypothetical
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[AltContent: textbox (Shaft)][AltContent: textbox (Shaft Adapter)][AltContent: textbox (Notch)][AltContent: textbox (Sleevee)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]examples of how the device of Morel could be used as claimed).
Regarding claims 2-6, the recited components are not structurally required by the claims. The extractor of Morel et al. is capable of removing a sleeve as claimed with an appropriately constructed surgical tool having the claimed features.
Regarding claim 7, the sleeve extractor further comprises a cylindrical lock (5) extendable about the body, wherein the cylindrical lock is axially translatable relative to the body to locate the tab of each finger in the corresponding notch (Figures 1-2; col. 2 lines 22-45).
Regarding claim 8, the cylindrical lock defines (is) a locking arm having an extension (6) receivable within a slot (7) defined on the body.
Regarding claim 9, at least one of an inner radial surface of the cylindrical lock or an outer radial surface of the one or more longitudinally-extending fingers are tapered or angled (see angled surface at “3” in Figure 1) to urge the one or more longitudinally-extending fingers radially inward as the cylindrical lock advances.
Regarding claim 10, the distal end of the body is closed (at 8; col. 3, lines 4-8).
Regarding claim 11, the body contains the sleeve after extraction (capable of this due to the closed distal end; with an appropriately structured sleeve).
Response to Arguments
Applicant's arguments filed December 19th 2025 have been fully considered but are either moot in view of the new grounds of rejection above or they are not persuasive. Applicant has argued that the tabs (86) of Staunton et al. are located in a groove (98) that is not adjacent to a sleeve of a surgical instrument and could therefore not be used to remove a sleeve as claimed. The tabs are located adjacent to and abutting a proximal end of a sleeve (78) as shown in Figure 38. It is highly likely that they assist in removing this sleeve based on the depicted arrangement (also see ¶[0158]). These disclosures are conclusive evidence that the body (76) could be used to remove a sleeve as claimed; if not already being used to remove sleeve 78.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas McEvoy whose telephone number is (571) 270-5034 and direct fax number is (571) 270-6034. The examiner can normally be reached on Monday-Friday, 9:00 am – 6:00 pm.
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771