DETAILED ACTION
This action is in response to applicant’s amendment received on October 27th, 2025.
Claim Objections
Applicant is advised that should claim 14 be found allowable, claim 15 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim 14 line 12 recites …wherein the second jaw is fixedly attached to the rock arm and claim 15 lines 1-2 recite wherein the second jaw is fixedly attached to the rocker arm.
Claim 14 lines 5-6 recite …the second jaw is attached to the housing via a rocker arm, the rocker arm being movable relative to the housing… and claim 14 lines 10-11 recite …wherein the second jaw is attached to the housing via a rocker arm, wherein the rocker arm is movably attached to the housing. These appear to be duplicate limitations.
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, 2, 5, 10, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Minoretti (U.S. Patent 6,322,566).
Regarding claims 1-5, 10, 12, and 13:
Minoretti discloses a device (see Figures 1-10C) comprising:
(claim 1) a first jaw (3) attachable to a first jaw segment
(claim 1) a second jaw (4) attachable to a second jaw segment
(claim 1) wherein the second jaw segment is smaller than the first jaw segment (the jaw segments are not part of the invention and the second jaw only needs to be capable of performing this function with a smaller bone segment)
(claim 1) a housing (32)
(claim 1) wherein the second jaw is movable attached to the housing
(claim 1) wherein the second jaw is configured to move the second jaw segment toward the first jaw segment (element 11 shows two way translation)
(claim 1) wherein the second jaw is configured to translate between a first position and a second position during a first segment of travel of the second jaw
(claim 1) wherein the second is configured to at least rotate between the second position and a third position during a second segment of travel (column 10 lines 7-12)
(claim 2) wherein the first jaw is fixedly attached to the housing (element 3 is fixedly attached to element 32)
(claim 1) wherein the second jaw is attached to the housing via a rocker arm (46 and 49)
(claim 1) wherein the rocker arm is moveably attached to the housing (elements 46 and 49 are moveably attached to element 32 via other elements)
(claim 1) wherein the second jaw is fixedly attached to the rocker arm (element 4 is fixedly attached to elements 46 and 49 via other elements)
(claim 5) an actuator ( 36 and 48) arranged to move the second jaw from the first position to the second position and from the second position to the third position
(claim 10) wherein the actuator is at least partially disposed in the housing (element 36 is disposed in element 32)
(claim 12) wherein each of the first and second jaws includes one or more fasteners arranged to attach the jaws to the respective jaw segment (for example see column 8 lines 18-22)
(claim 13) wherein the one or more fasteners are removably attached to the respective jaw
Regarding claims 14 and 15:
Minoretti discloses a device (see Figures 1-10C) comprising:
(claim 14) a first jaw (3) attachable to a first jaw segment
(claim 14) a second jaw (4) attachable to a second jaw segment
(claim 14) the second jaw capable of moving toward the first jaw segment (element 11 shows two way translation)
(claim 14) a housing (32)
(claim 14) wherein the first jaw is fixedly attached to the housing
(claim 14) wherein the second jaw is attached to the housing via a rocker arm (46 and 49; the second jaw is attached to the rocker arm via other elements and the rocker arm is attached to the housing via other elements, the claims do not require direct attachment of the jaw to the rocker arm and/or the rocker arm to the housing)
(claim 14) the rocker arm being moveable relative to the housing
(claim 14) wherein the rocker arm is capable of translating the second jaw from a first position to a second position during a first segment of travel of the second jaw (as the rocker arm is translated the second jaw translates due to the attachment)
(claim 14) wherein the rocker arm is capable of rotating the second jaw from the second position to a third position during a second segment of travel (column 10 lines 7-12)
(claims 14 and 15) wherein the rocker arm is fixedly attached to the rocker arm (element 4 is fixedly attached to elements 46 and 49 via other elements, the claims do not require the jaw to be directly attached to the rocker arm)
Allowable Subject Matter
Claims 6-9 and 11 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.
Response to Arguments
Applicant's arguments filed October 27th, 2025 have been fully considered but they are not persuasive. The applicant’s argument that the Minoretti reference does not disclose the second jaw being attached to the housing via a rocker arm, wherein the rocker arm is moveably attached to the housing, and wherein the second jaw is fixedly attached to the rocker arm. Regarding the second jaw is fixedly attached to the rocker arm, the applicant states that element 4 is not fixedly attached to the rocker arm itself and therefore does not meet the limitation of the claims of the second jaw being fixedly attached to the rocker arm. However, the claim does not require the second jaw to be directly attached to the rocker arm is a fixed manner. All the claims require is that the second jaw be fixedly attached, i.e. solidly or firmly attached (securely placed or fastened; www.merriam-webster.com/dictionary/fixed), to the rocker arm, i.e. the second jaw can be connected to the rocker arm via other elements in a fixed manner, which element 4 is firmly attached to elements 46 and 49 via other elements meeting the limitations of the claims as presented. Regarding the rocker arm being moveably attached to the housing, the claim limitations do not require the rocker arm to be directly attached to the housing in a moveable manner. All the claims require is that the rocker arm being attached to the housing in a moveable manner, i.e. elements 46 and 49 are attached to element 32 via other elements in a moveable manner, meeting the limitations of the claims as presented. Regarding the second jaw being attached to the housing via the rocker arm, the claim limitations do not require that the second jaw be directly attached to the rocker arm and the rocker arm being directly attached to the housing. As discussed above the elements are connected via other elements meeting the limitations of the claims as presented.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775