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 .
Drawings
The drawings were received on 12/01/25. These drawings are acceptable.
Claim Objections
Claim 13 objected to because of the following informalities: In line 1, “claim 13” should read “claim 1”. Appropriate correction is required.
Response to Amendment
The Amendment filed 12/01/25 has been entered. Claims 1, 6, 11, 13-17, and 19 have been amended, and claim 12 has been cancelled. Claims 9-11 and 15-19 are withdrawn. Note amended claim 14, formally claim 15, is directed to an invention that is independent or distinct from the invention originally elected, because it is drawn to the non-elected species of static casing and blade working body detailed in the office action mailed 08/29/25. Also, note amended claim 15, formally claim 16, is directed to the invention originally elected, because it is drawn to Group I and Species 18-25 detailed in the office action mailed 08/29/25. Claims 1-8 and 13 are addressed in the following office action.
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 1-8 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carusillo et al. (US 2006/0009796), cited in previous office action.
Regarding claim 1, an invention relating to surgical cutting devices, Carusillo discloses (Figs. 1-9) a cutting device (20 & 22) comprising: a static casing (116, 118, 120, 130) including a body (120) that extends substantially within a first plane and substantially along a first direction [i.e. the plane along the longitudinal axis and in a direction towards element 112], wherein the static casing defines a first protrusion and a second protrusion (130) that extend into a second plane and substantially along the first direction [i.e. the plane along the longitudinal axis of element 130], wherein the first and second protrusions define a planar space therebetween within the second plane [i.e. space occupied by element 112] (Par. 0080, 0088); and a blade working body (112) including a first end (156) and a second end (168), the first end being configured to operatively connect to a source of movement (Par. 0097), the second end including a cutting component (166) positioned in the second plane and outside of the planar space between the first and second protrusions (Fig. 7A & Par. 0080 & 0088), wherein a portion (162) of the blade working body extends between the first and second protrusions, and wherein the portion of the blade working body is moveable between the first protrusion and the second protrusion by the source of movement (Par. 0071 & 0088).
Regarding claim 2, Carusillo discloses the cutting device of claim 1. Carusillo further discloses wherein the cutting component comprises a curved cutting portion (Par. 0084).
Regarding claim 3, Carusillo discloses the cutting device of claim 1. Carusillo further discloses (Fig. 9) wherein the cutting component comprises a serrated portion (168; Par. 0084-0085).
Regarding claim 4, Carusillo discloses the cutting device of claim 1. Carusillo further discloses wherein the second end of the blade working body extends beyond the static casing (Figs. 7 & 7A).
Regarding claim 5, Carusillo discloses the cutting device of claim 1. Carusillo further discloses wherein the static casing includes a first end and a second end (see annotated figure below), wherein the first end of the static casing is attached to the source of movement and substantially stationary with respect to the source of movement (Par. 0077).
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Regarding claim 6, Carusillo discloses the cutting device of claim 5. Carusillo further discloses wherein the second end of the static casing opposes the first end of the static casing (see annotated figure above).
Regarding claim 7, Carusillo discloses the cutting device of claim 6. Carusillo further discloses wherein the second end of the static casing defines a curved shape (Par. 0072).
Regarding claim 8, Carusillo discloses the cutting device of claim 1. Carusillo further discloses wherein the blade working body is substantially flat with a first surface and a second surface (Par. 0081).
Regarding claim 13, Carusillo discloses the cutting device of claim 1, Carusillo further discloses wherein the first protrusion and the second protrusion are positioned on opposing sides of the body of the static casing (Par. 0075-0076 & 0080).
Response to Arguments
Applicant’s arguments, see page 6, filed 12/01/25, with respect to Drawings have been fully considered and are persuasive. The objection of the Drawings has been withdrawn.
Applicant's remaining arguments have been fully considered but they are not persuasive. Applicant argues previously cited prior art reference Carusillo does not teach each and every feature of amended Claim 1. Particularly, Carusillo does not teach the amended Claim 1 features for the static casing being in a different plane that the first and second protrusions, and the first and second protrusions defining a planar space therebetween where a portion of the working blade body is positioned. Also, Carusillo does not teach the amended Claim 1 feature of the portion of the blade working body being moveable between the first protrusion and the second protrusion by the source of movement. Examiner respectfully disagrees.
Carusillo discloses (Figs. 1-9) a cutting device (20 & 22) comprising: a static casing (116, 118, 120, 130) including a body (120) that extends substantially within a first plane and substantially along a first direction [i.e. the plane along the longitudinal axis and in a direction towards element 112], wherein the static casing defines a first protrusion and a second protrusion (130) that extend into a second plane and substantially along the first direction [i.e. the plane along the longitudinal axis of element 130], wherein the first and second protrusions define a planar space therebetween within the second plane [i.e. space occupied by element 112] (Par. 0080, 0088); and a blade working body (112) including a first end (156) and a second end (168), the first end being configured to operatively connect to a source of movement (Par. 0097), the second end including a cutting component (166) positioned in the second plane and outside of the planar space between the first and second protrusions (Fig. 7A & Par. 0080 & 0088), wherein a portion (162) of the blade working body extends between the first and second protrusions, and wherein the portion of the blade working body is moveable between the first protrusion and the second protrusion by the source of movement (Par. 0071 & 0088).
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 Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 January 26, 2026