Detailed Action
This is the final office action for US application number 18/057,253. Claims are evaluated as filed on June 15, 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 June 15, 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 Sweitzer and Steele teach all the newly-amended limitations and is 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 Sweitzer does not disclose the limitations of claim 1 lines 16-20 based upon Applicant’s labeling on Fig. 6B with arrows A-D (Remarks p. 11-13), Examiner notes that Applicant’s arrow D has been identified by Applicant as indicating the longitudinal axis of the link along a centerline of the link through the proximal and distal end thereof; however, the axis identified by Applicant does not read on the claimed longitudinal axis as such does not extend through the distal end that is capable of attaching to the second jaw as required claim 1 lines 7-9 recitation of “the link pivotably connected to the first and to the second arms, the link having a distal end configured for attachment to the second jaw, and a longitudinal axis extending along a centerline of a longest dimension of the link through the distal end”, i.e. the claimed link longitudinal axis extends a longest dimension that extends through the distal end that is capable of attaching to the second jaw. This appears to be a point of distinction that differs between the art and Applicant’s invention. That is, Applicant has claimed that the link longitudinal axis extends along a longest dimension that extends through the distal end (that is capable of attaching to the second jaw), which is true of both the art and Applicant’s invention. If one instead compares a longitudinal axis that extends along a longest dimension of the link, then it appears that one would be considering what Applicant has labeled with arrow D as the longest longitudinal axis, which does not appear to be substantially parallel to the second jaw as provided by claim 1 lines 16-20. Further, Examiner notes that it appears that claim 1 lines 17-20 may have been intended to claim that: “the first jaw and the second jaw both extending from the proximal end to the distal end thereof to a position distally beyond the distal end of the first arm and the link, respectively[[,]]; wherein a direction along the longest axial dimension of the first jaw is substantially parallel to the longitudinal axis of the first arm and a direction along the longest axial dimension of the second jaw is substantially parallel to the longitudinal axis of the , respectively[[,]];”.
With regards to Applicant’s argument that, regarding claim 25, the stops of Sweitzer are not a medial side and do not face each other and the locks do not extend proud of lateral sides of the first arm and the link (Remarks p. 14), Examiner notes that there are no stops recited in claim 25. Further, there are no jaws positively recited in claim 25. Instead, the first arm and link are capable of attaching to a first jaw and a second jaw, respectively, in claim 25 lines 2-3 and 5-6. Thus, the structures shown are capable of attaching to and receiving such if such are so provided. Examiner suggests positively reciting the jaws and corresponding features.
With regards to Applicant’s argument that Steele does not teach the directionality of the jaws relative to the first arm and link (Remarks p. 14-15), Examiner notes that such is irrelevant to the combination as Steele has been provided of a teaching of an alternate lock.
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 6, the specification appears to lack proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 6 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 6 lines 2-3. That is, such has not been originally disclosed. Thus, the specification fails to provide proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 6 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 6 lines 2-3.
As to claim 30, the specification appears to lack proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 30 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 30 lines 2-3. That is, such has not been originally disclosed. Thus, the specification fails to provide proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 30 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 30 lines 2-3.
As to claim 37, the specification appears to lack proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 37 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 37 lines 2-3. That is, such has not been originally disclosed. Thus, the specification fails to provide proper antecedent basis for “a detent carried by the other one of the second jaw and the link” of claim 37 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 37 lines 2-3.
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 “a detent carried by the other one of the second jaw and the link” of claim 6 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 6 lines 2-3, “a detent carried by the other one of the second jaw and the link” of claim 30 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 30 lines 2-3, and “a detent carried by the other one of the second jaw and the link” of claim 37 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 37 lines 2-3 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 Objections
Claim(s) 33 is/are objected to because of the following informalities:
Claim 33 line 9 should read “the corresponding slidable lock”.
Appropriate correction is required.
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) 6, 30, and 37 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 claim 6, “a detent carried by the other one of the second jaw and the link” of claim 6 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 6 lines 2-3 appears to be new matter. That is, such has not been originally disclosed. Thus, “a detent carried by the other one of the second jaw and the link” of claim 6 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 6 lines 2-3 constitutes new matter.
As to claim 30, “a detent carried by the other one of the second jaw and the link” of claim 30 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 30 lines 2-3 appears to be new matter. That is, such has not been originally disclosed. Thus, “a detent carried by the other one of the second jaw and the link” of claim 30 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 30 lines 2-3 constitutes new matter.
As to claim 37, “a detent carried by the other one of the second jaw and the link” of claim 37 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 37 lines 2-3 appears to be new matter. That is, such has not been originally disclosed. Thus, “a detent carried by the other one of the second jaw and the link” of claim 37 lines 4-5 that is in addition to the “a detent carried by one of the second jaw and the link” of claim 37 lines 2-3 constitutes new matter.
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, 3-7, 25-35, and 37-39 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 “the proximal end releasably attachable to the distal end of the first arm and the second jaw having a proximal end and a distal end at opposite ends along a longest axial dimension of the second jaw, the proximal end being” in lines 11-13 and if the “proximal end” of line 11 is intended to refer to that of line 3 of the second arm, line 4 of the first arm, or line 10 of the first jaw, how any of these recited proximal ends can be reasonably construed to be releasably attached to the first arm and second jaw as claimed, and if the “proximal end” of line 13 is intended to refer to that of line 3 of the second arm, line 4 of the first arm, or line 10 of the first jaw. Examiner is interpreting this as referring to, and suggests amending as,
“the proximal end of the first jaw releasably attachable to the distal end of the first arm; and
the second jaw having a proximal end and a distal end at opposite ends along a longest axial dimension of the second jaw, the proximal end of the second jaw releasably attachable to the distal end of the link;”.
Claim(s) 1 is/are unclear with regards to “the first jaw and the second jaw both extending from the proximal end to the distal end thereof distally beyond the distal end of the first arm and the link, respectively, in a direction along the longest axial dimension of the first jaw and the second jaw substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively” in line 16-20 and the missing word or phrase intended to be in “the first jaw and the second jaw both extending from the proximal end to the distal end thereof distally beyond the distal end of the first arm and the link, respectively,” between “thereof” and “distally” as well as the missing word or phrase intended to be in “in a direction along the longest axial dimension of the first jaw and the second jaw substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively” between “second jaw” and “substantially parallel”. Examiner is interpreting this as referring to, and suggests amending as, “the first jaw and the second jaw both extending from the proximal end to the distal end thereof and distally beyond the distal end of the first arm and the link, respectively, in a direction along the longest axial dimension of the first jaw and the second jaw and substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively”.
Claim(s) 26 is/are unclear with regards to “a longitudinal axis of the first and the second jaw” in line 3 and the first and second jaws as shown in, e.g., Fig. 1 having a longitudinal axis. Examiner is interpreting broadly and suggests amending to clarify.
Claim(s) 26 recites/recite the limitation "the longitudinal axis of one of the first and second jaw" in line 5. There is insufficient antecedent basis for this limitation in the claim. Examiner is interpreting broadly and suggests amending to clarify.
Claim(s) 26 is/are unclear with regards to a respective medial side in line 7 and a respective lateral side in line 7 that are in addition to the first and second medial sides and first and second lateral sides of claim 25 lines 13-17. Examiner is interpreting broadly as referring to those of claim 25 and suggests amending to clarify.
Claim(s) 26 is/are unclear with regards to “the longest dimension of the link through the distal end” in line 8. Examiner is interpreting this as referring to, and suggests amending as, “a longitudinal axis extending along a centerline of [[the]]a longest dimension of the link through the distal end”.
Claim(s) 32 is/are unclear with regards to “the proximal end being releasably attachable to the distal end of the first arm and the second jaw has a proximal end and a distal end at opposite ends along a longest axial dimension of the second jaw, the proximal end being” in lines 10-13 and if the “proximal end” of line 10 is intended to refer to that of line 2 of the first arm, line 5 of the second arm, or line 9 of the first jaw, how any of these recited proximal ends can be reasonably construed to be releasably attached to the first arm and second jaw as claimed, and if the “proximal end” of line 13 is intended to refer to that of line 2 of the first arm, line 5 of the second arm, or line 9 of the first jaw. Examiner is interpreting this as referring to, and suggests amending as,
“the proximal end of the first jaw being releasably attachable to the distal end of the first arm; and
the second jaw has a proximal end and a distal end at opposite ends along a longest axial dimension of the second jaw, the proximal end of the second jaw releasably attachable to the distal end of the link;”.
Claim(s) 32 is/are unclear with regards to “the first jaw and the second jaw both extending from the proximal end to the distal end thereof distally beyond the distal end of the first arm and the link, respectively, in a direction along the longest axial dimension of the first jaw and the second jaw substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively” in lines 16-19 and the missing word or phrase intended to be in “the first jaw and the second jaw both extending from the proximal end to the distal end thereof distally beyond the distal end of the first arm and the link, respectively,” between “thereof” and “distally” as well as the missing word or phrase intended to be in “in a direction along the longest axial dimension of the first jaw and the second jaw substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively” between “second jaw” and “substantially parallel”. Examiner is interpreting this as referring to, and suggests amending as, “the first jaw and the second jaw both extending from the proximal end to the distal end thereof and distally beyond the distal end of the first arm and the link, respectively, in a direction along the longest axial dimension of the first jaw and the second jaw and substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link, respectively”.
Claim(s) 32 is/are unclear with regards to “a longitudinal axis of the first arm” in lines 21-22 and if such is intended to be in addition to or in reference to the first arm having “a longitudinal axis” of line 3. Examiner is interpreting this as referring to that of line 3 and suggests amending as “[[a]]the longitudinal axis of the first arm”.
Claim(s) 32 is/are unclear with regards to “a longitudinal axis of the link” in line 24 and if such is intended to be in addition to or in reference to the link having “a longitudinal axis” of line 7. Examiner is interpreting this as referring to that of line 7 and suggests amending as “[[a]]the longitudinal axis of the link”.
Claim(s) 3-7, 25, 27-31, 33-35, and 37-39 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7, 25-29, 31-35, and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sweitzer (US 2016/0270929).
As to claim 1, Sweitzer discloses a surgical extractor (20, Figs. 1-8D, ¶46; where ¶46 discloses that Figs. 5-8D the same as Figs. 1-4 except that the jaws are replaceable) comprising: a first arm (21), a second arm (22), a link (see illustration of Fig. 2, Fig. 2), a first jaw (24C), and a second jaw (24D);the second arm having a proximal end and a distal end (Fig. 2); the first arm having a proximal end capable of attachment to an extraction device (Fig. 2), a distal end capable of attachment to a the first jaw (Fig. 2), and a longitudinal axis (see illustration of Fig. 6B) extending along a centerline of the first arm through the proximal end and the distal end (Fig. 2); the link (see illustration of Fig. 2, Fig. 2) pivotably connected to the first and to the second arms (via pins 26 and 34, Fig. 1, ¶28), the link having a distal end capable of attaching to the second jaw (Fig. 2), and a longitudinal axis (see illustration of Fig. 6B) extending along a centerline of a longest dimension of the link through the distal end (Fig. 6B); and the first jaw having a proximal end (wider, upper end as shown in Fig. 6B including 41 and 42, Fig. 6B) and a distal end (narrower, lower end as shown in Fig. 6B, Fig. 6B) at opposite ends (as defined, Fig. 6B) along a longest axial dimension of the first jaw (see illustration of Fig. 6B, Figs. 2 and 6B), the proximal end of the first jaw capable of releasing and attaching to the distal end of the first arm (via pin 42 and screw 41, Figs. 6A and 6B, ¶50); and the second jaw having a proximal end (upper end as shown in Fig. 6B including 43 and 44, Fig. 6B) and a distal end (lower end as shown in Fig. 6B, Fig. 6B) at opposite ends (as defined, Fig. 6B) along a longest axial dimension of the second jaw (see illustration of Fig. 6B, Figs. 2 and 6B), the proximal end of the second jaw capable of releasing and attaching to the distal end of the link (via pin 44 and screw 43, Figs. 6A and 6B, ¶50), wherein the first jaw and the second jaw each include a lock (42, 44, respectively, Figs. 6B and 7, ¶s 50 and 51) capable of sliding (Figs. 6B and 7, ¶s 50 and 51) capable of slidingly engaging a corresponding slidable lock (“corresponding holes” of ¶51 in which 42, 44 are received and abutting surfaces of the link and first arm (see labeled “stop” on the illustration of Fig. 6B) as best shown in Fig. 7, Fig. 7) on the first arm and on the link, respectively (Figs. 6B and 7, ¶s 50 and 51), the first jaw and the second jaw both extending from the proximal end to the distal end thereof (as defined, Fig. 6B) and distally beyond the distal end of the first arm and the link (Fig. 6B), respectively, in a direction along the longest axial dimension of the first jaw and the second jaw (as defined, Fig. 6B) and substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link (Fig. 6B), respectively, the slidable lock of the first jaw and the corresponding slidable lock on the first arm slide relative to one another in a direction substantially parallel to a gripping direction of the first jaw (Figs. 6B and 7, ¶s 50 and 51, where ¶51 discloses that screw 41 is loosened and removed and then jaws are removed and replaced and then secured with the screw), and the slidable lock of the second jaw and the corresponding slidable lock on the link slide relative to one another in a direction substantially parallel to a gripping direction of the second jaw (Figs. 6B and 7, ¶s 50 and 51, where ¶51 discloses that screw 43 is loosened and removed and then jaws are removed and replaced and then secured with the screw).
As to claim 3, Sweitzer discloses that the corresponding slidable lock on the first arm and on the link that the slidable lock is capable of engaging each include a stop (see illustration of Fig. 6B, Figs. 6A and 6B), each stop being a distally extending ledge transverse to the gripping direction of the first and the second jaw (Fig. 6B), each stop being capable of engaging with a respective flat on the first jaw and on the second jaw (see illustration of Fig. 6B, Figs. 6A and 6B), each flat transverse to the gripping direction of the first and the second jaw (as defined, Figs. 6A and 6B), wherein the first and the second jaws are each capable of being inserted into the corresponding slidable lock that the slidable lock is capable of engaging from a respective medial side of the first arm and of the link and towards a respective lateral side thereof (Figs. 6A and 6B), whereby the stop and the flat abut to limit a length of insertion of a respective first and second jaw into the corresponding slidable lock that the slidable lock is capable of engaging of the respective first arm and link (Fig. 6A).
As to claim 7, Sweitzer discloses a gripping face of a bite portion of at least one of the first jaw and the second jaw comprises a projection (see illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a slot of an object (Figs. 4-6B) or a lip-like projection (see “Lip/Projection” on the illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a distal face of an object (Figs. 4-6B).
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As to claim 25, Sweitzer discloses a surgical extractor (20, Figs. 1-8D, ¶46; where ¶46 discloses that Figs. 5-8D the same as Figs. 1-4 except that the jaws are replaceable) comprising: a first arm (21) having a proximal end and a distal end (Fig. 2) capable of attachment to a first jaw (24C); a second arm (22) having a proximal end and a distal end (Fig. 2); and a link (see illustration of Fig. 2, Fig. 2) connecting with the first arm and the second arm (via pins 26 and 34, Fig. 1, ¶28), the link having a distal end capable of attachment to a second jaw (24D); wherein: the first jaw that the first arm is capable of attaching to is capable of releasing and attaching to the distal end of the first arm (via pin 42 and screw 41, Figs. 6A and 6B, ¶50) and the second jaw that the link is capable of attaching to is capable of releasing and attaching to the distal end of the link (via pin 44 and screw 43, Figs. 6A and 6B, ¶50), wherein the first jaw and the second jaw that the first arm and link are capable of attaching to each include a proximal end and a distal end longitudinally opposite the proximal end (Fig. 6B), each of the first jaw and the second jaw that the first arm and link are capable of attaching to having a lock (42, 44, Figs. 6B and 7, ¶s 50 and 51) capable of sliding (Figs. 6B and 7, ¶s 50 and 51) at the proximal end thereof (Fig. 6B), each lock capable of sliding that the first arm and link are capable of attaching to capable of slidingly engaging a corresponding slidable lock (“corresponding holes” of ¶51 in which 42, 44 are received and abutting surfaces of the link and first arm (see labeled “stop” on the illustration of Fig. 6B) as best shown in Fig. 7, Fig. 7) on the first arm and on the link, respectively (Figs. 6B and 7, ¶s 50 and 51), the distal end of the first arm includes a first medial side and a first lateral side opposite the first medial side (Fig. 6B); the distal end of the link includes a second medial side and a second lateral side opposite the second medial side (Fig. 6B), the first and second medial sides facing each other (Fig. 6B) and the first and second lateral sides facing opposite directions (Fig. 6B); the slidable lock of the first jaw that the first link is capable of attaching to extends laterally into the corresponding slidable lock of the first arm from the first medial side through the first lateral side and proud of the first lateral side (if one so chooses to provide such a jaw, Fig. 6B); and the slidable lock of the second jaw that the link is capable of attaching to extends laterally into the corresponding slidable lock of the link from the second medial side through the second lateral side and proud of the second lateral side (if one so chooses to provide such a jaw, Fig. 6B).
As to claim 26, Sweitzer discloses that the corresponding slidable lock on the first arm and on the link each include a stop (see illustration of Fig. 6B, Figs. 6A and 6B), each stop being a distally extending ledge respectively parallel to a longitudinal axis of the first and the second jaw that the first arm and link are capable of attaching to (Fig. 6B), each stop being capable of engaging with a respective flat on the first jaw and on the second jaw that the first arm and link are capable of attaching to (see illustration of Fig. 6B, Figs. 6A and 6B), each flat parallel to the longitudinal axis of one of the first and second jaw (as defined, Figs. 6A and 6B), wherein the first and the second jaws that the first arm and link are capable of attaching to are each capable of being inserted into the corresponding slidable lock from a respective medial side of the first arm and of the link and towards a respective lateral side thereof (Figs. 6A and 6B), whereby the stop and the flat abut to limit a length of insertion of a respective first and second jaw that the first arm and link are capable of attaching to into the corresponding slidable lock of the respective first arm and link (Fig. 6A).
As to claim 27, Sweitzer discloses that the slidable lock of the jaws that the first arm and link are capable of attaching to is a dovetail (if one so chooses to connect such a jaw).
As to claim 28, Sweitzer discloses that the slidable lock on each of the first and the second jaws that the first arm and link are capable of attaching to is a male dovetail and the corresponding slidable lock that the slidable lock is capable of slidingly engaging on each of the first arm and the link is a female dovetail (if one so chooses to connect such a jaw with such a lock).
As to claim 29, Sweitzer discloses that the slidable lock on each of the first and the second jaws that the first arm and link are capable of attaching to is capable of sliding and engaged in the corresponding slidable lock on the first arm and on the link (if one so chooses to connect such a jaw with such a lock), respectively, the male dovetail of the first jaw that the first arm is capable of attaching to projects outwardly beyond the first arm and the male dovetail of the second jaw that the link is capable of attaching to projects outwardly of the link (if one so chooses to connect such a jaw with such a lock).
As to claim 31, Sweitzer discloses a gripping face of a bite portion of at least one of the first jaw and the second jaw that the first arm and link are capable of attaching to comprises a projection (see illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a slot of an object (Figs. 4-6B) or a lip-like projection (see “Lip/Projection” on the illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a distal face of an object (Figs. 4-6B).
As to claim 32, Sweitzer discloses a surgical extractor (20, Figs. 1-8D, ¶46; where ¶46 discloses that Figs. 5-8D the same as Figs. 1-4 except that the jaws are replaceable) comprising: a first arm (21) having a proximal end, a distal end (Fig. 2) capable of attachment to a first jaw (24C), and a longitudinal axis (see illustration of Fig. 6B) extending along a centerline of the first arm through the proximal end and the distal end (Fig. 2); a second arm (22) having a proximal end and a distal end (Fig. 2); and a link (see illustration of Fig. 2, Fig. 2) connecting with the first arm and the second arm (via pins 26 and 34, Fig. 1, ¶28), the link having a distal end capable of attachment to a second jaw (24D), and a longitudinal axis (see illustration of Fig. 6B) extending along a centerline of a longest dimension of the link through the distal end (Fig. 6B); wherein the first jaw that the first arm is capable of attaching to has a proximal end (wider, upper end as shown in Fig. 6B including 41 and 42, Fig. 6B) and a distal end (narrower, lower end as shown in Fig. 6B, Fig. 6B) at opposite ends (as defined, Fig. 6B) along a longest axial dimension of the first jaw (see illustration of Fig. 6B, Figs. 2 and 6B), the proximal end of the first jaw being capable of releasing and attaching to the distal end of the first arm (via pin 42 and screw 41, Figs. 6A and 6B, ¶50); and the second jaw that the link is capable of attaching to has a proximal end (upper end as shown in Fig. 6B including 43 and 44, Fig. 6B) and a distal end (lower end as shown in Fig. 6B, Fig. 6B) at opposite ends (as defined, Fig. 6B) along a longest axial dimension of the second jaw (see illustration of Fig. 6B, Figs. 2 and 6B), the proximal end of the second jaw being capable of releasing and attaching to the distal end of the link (via pin 44 and screw 43, Figs. 6A and 6B, ¶50), wherein the first jaw and the second jaw that the first arm and link are capable of attaching to each include a lock (42, 44, Figs. 6B and 7, ¶s 50 and 51) capable of sliding (Figs. 6B and 7, ¶s 50 and 51) capable of slidingly engaging a corresponding slidable lock (“corresponding holes” of ¶51 in which 42, 44 are received and abutting surfaces of the link and first arm (see labeled “stop” on the illustration of Fig. 6B) as best shown in Fig. 7, Fig. 7) on the first arm and on the link, respectively (Figs. 6B and 7, ¶s 50 and 51), the first jaw and the second jaw that the first arm and link are capable of attaching to both extending from the proximal end to the distal end thereof (as defined, Fig. 6B) and distally beyond the distal end of the first arm and the link (Fig. 6B), respectively, in a direction along the longest axial dimension of the first jaw and the second jaw (as defined, Fig. 6B) and substantially parallel to the longitudinal axis of the first arm and the longitudinal axis of the link (Fig. 6B), respectively, wherein the slidable lock of the first jaw that the first arm is capable of attaching to and the corresponding slidable lock on the first arm slide relative to one another in a direction substantially transverse to the longitudinal axis of the first arm (Figs. 6B and 7, ¶s 50 and 51, where ¶51 discloses that screw 41 is loosened and removed and then jaws are removed and replaced and then secured with the screw), and wherein the slidable lock of the second jaw that the link is capable of attaching to and the corresponding slidable lock on the link slide relative to one another in a direction substantially transverse to the longitudinal axis of the link (Figs. 6B and 7, ¶s 50 and 51, where ¶51 discloses that screw 43 is loosened and removed and then jaws are removed and replaced and then secured with the screw).
As to claim 33, Sweitzer discloses that the corresponding slidable lock on the first arm and on the link each include a stop (see illustration of Fig. 6B, Figs. 6A and 6B), each stop being a distally extending ledge respectively parallel to the longitudinal axis of the first arm and of the link (Fig. 6B), each stop being capable of engaging with a respective flat on the first jaw and on the second jaw that the first arm and link are capable of attaching to (see illustration of Fig. 6B, Figs. 6A and 6B), each flat parallel to the longitudinal axis of one of the first arm and of the link (as defined, Figs. 6A and 6B), wherein the first and the second jaws that the first arm and link are capable of attaching to are each capable of being inserted into the corresponding slidable lock from a respective medial side of the first arm and of the link and towards a respective lateral side thereof (Figs. 6A and 6B), whereby the stop and the flat abut to limit a length of insertion of a respective first and second jaw that the first arm and link are capable of attaching to into the corresponding slidable lock (Fig. 6A).
As to claim 34, Sweitzer discloses that the slidable lock of the jaws that the first arm and link are capable of attaching to is a dovetail (if one so chooses to connect such a jaw).
As to claim 35, Sweitzer discloses that the slidable lock on each of the first and the second jaws that the first arm and link are capable of attaching to is a male dovetail and the corresponding slidable lock that the slidable lock is capable of slidingly engaging on each of the first arm and the link is a female dovetail (if one so chooses to connect such a jaw with such a lock).
As to claim 38, Sweitzer discloses a gripping face of a bite portion of at least one of the first jaw and the second jaw that the first arm and link are capable of attaching to comprises a projection (see illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a slot of an object (Figs. 4-6B) or a lip-like projection (see “Lip/Projection” on the illustration of Fig. 6B, Fig. 6B) which stands proud of the gripping face (Fig. 6B) and is capable of engaging a distal face of an object (Figs. 4-6B).
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) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sweitzer in view of Steele et al. (US 2011/0296963, hereinafter “Steele”).
As to claim 4, Sweitzer discloses the invention of claim 1 as well as the slidable lock each of the first and the second jaws and corresponding hole of the slidable lock on each of the first arm and the link being oblong (Fig. 7).
Sweitzer is silent to the slidable lock is a dovetail.
Steele teaches a similar extractor (110, Figs. 1, and 3-5, ¶21) capable of use in surgery (¶21 discloses pliers) comprising: a second arm (26 of 14) having a proximal end (Fig. 1) and a distal end (Figs. 3-5); a first arm (22, 24 of 12, Fig. 1 and 2, ¶s 21 and 13) having a proximal end (Fig. 1) and a distal end (Figs. 3-5), the proximal end capable of attachment to an extraction device (Fig. 1); a link (portion comprising 34 and 32 as shown in Fig. 1, Fig. 1, ¶13) capable of pivoting connected to the first arm (Fig. 1, ¶13), the link having a distal end (Fig. 1); and a first jaw (224, Figs. 3-5, ¶22-25) capable of releasing and attaching to the distal end of the first arm (Figs. 3-5, ¶22-25) and a second jaw (222, Figs. 3-5, ¶22-25) capable of releasing and attaching to the distal end of the link (Figs. 3-5, ¶22-25); wherein the first and second jaws each include a lock (230s, Figs. 3-5, ¶s 23-24) capable of sliding (Figs. 3-5, ¶s 23-25) capable of slidingly engaging a corresponding slidable lock (208, 206, Figs. 3-5, ¶s 23-24) on the first arm and link, respectively (Figs. 3-5, ¶s 23-24); wherein the slidable lock is a dovetail (Figs. 3-5, ¶24) and the corresponding slidable lock is a dovetail (Figs. 3-5, ¶22).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the oblong lock of each jaw and the corresponding holes portion of the lock of each of the first arm and link as disclosed by Sweitzer to include a dovetail as taught by Steele in order to provide a known shape of a slidable connection (Steele Fig. 4, ¶25; Sweitzer Figs. 6B and 7, ¶s 50 and 51) between jaws and arms/links (Steel Figs. 1 and 3-5; Sweitzer Figs. 6B and 7). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the oblong lock of each jaw and the corresponding holes portion of the lock of each of the first arm and link as disclosed by Sweitzer to each include a dovetail shape as taught by Steele, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a known shape of a slidable connection (Steele Fig. 4, ¶25; Sweitzer Figs. 6B and 7, ¶s 50 and 51) between jaws and arms/links (Steel Figs. 1 and 3-5; Sweitzer Figs. 6B and 7).
As to claim 5, Sweitzer discloses the invention of claim 1 as well as the slidable lock each of the first and the second jaws and corresponding hole of the slidable lock on each of the first arm and the link being oblong (Fig. 7).
Sweitzer is silent to the slidable lock on each of the first and the second jaws is a male dovetail and the corresponding slidable lock on each of the first arm and the link is a female dovetail.
Steele teaches a similar extractor (110, Figs. 1, and 3-5, ¶21) capable of use in surgery (¶21 discloses pliers) comprising: a second arm (26 of 14) having a proximal end (Fig. 1) and a distal end (Figs. 3-5); a first arm (22, 24 of 12, Fig. 1 and 2, ¶s 21 and 13) having a proximal end (Fig. 1) and a distal end (Figs. 3-5), the proximal end capable of attachment to an extraction device (Fig. 1); a link (portion comprising 34 and 32 as shown in Fig. 1, Fig. 1, ¶13) capable of pivoting connected to the first arm (Fig. 1, ¶13), the link having a distal end (Fig. 1); and a first jaw (224, Figs. 3-5, ¶22-25) capable of releasing and attaching to the distal end of the first arm (Figs. 3-5, ¶22-25) and a second jaw (222, Figs. 3-5, ¶22-25) capable of releasing and attaching to the distal end of the link (Figs. 3-5, ¶22-25); wherein the first and second jaws each include a lock (230s, Figs. 3-5, ¶s 23-24) capable of sliding (Figs. 3-5, ¶s 23-25) capable of slidingly engaging a corresponding slidable lock (208, 206, Figs. 3-5, ¶s 23-24) on the first arm and link, respectively (Figs. 3-5, ¶s 23-24); wherein the slidable lock on each of the first and second jaws is a male dovetail (Figs. 3-5, ¶24) and the corresponding slidable lock on each of the first arm and the link is a female dovetail (Figs. 3-5, ¶22).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the oblong lock of each jaw and the corresponding holes portion of the lock of each of the first arm and link as disclosed by Sweitzer to include a male dovetail on the lock of each jaw and a female dovetail in the corresponding holes portion of the lock of each of the first arm and link as taught by Steele in order to provide a known shape of a slidable connection (Steele Fig. 4, ¶25; Sweitzer Figs. 6B and 7, ¶s 50 and 51) between jaws and arms/links (Steel Figs. 1 and 3-5; Sweitzer Figs. 6B and 7). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the oblong lock of each jaw and the corresponding holes portion of the lock of each of the first arm and link as disclosed by Sweitzer to each include a dovetail shape as taught by Steele, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a known shape of a slidable connection (Steele Fig. 4, ¶25; Sweitzer Figs. 6B and 7, ¶s 50 and 51) between jaws and arms/links (Steel Figs. 1 and 3-5; Sweitzer Figs. 6B and 7).
Allowable Subject Matter
Claim 39 is 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.
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.
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/AMY R SIPP/Primary Examiner, Art Unit 3775
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