DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
According to the Amendment filed on 2/19/26, Claims 2 and 14 are amended, and claims 3, 14-21 are withdrawn.
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.
Claims 2, 4-13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the width of a distal end" in line 27. It should read as “the width of the distal end”.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 4-13 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Grey et al. (US 20100041955 A1) in view of Paolitto et al. (US 20110144450 A1) and in view of Bayat (US 20080108877 A1), and further in view of Loubser (US 20050279355 A1).
Grey discloses an illuminated surgical retractor fig. 18, comprising: a handle 156 having a proximal end and a distal end; a light source 161 integrated into the handle; a battery 162 disposed in the handle for energizing the light source; a retractor blade 157 releasably coupled (para. 98) to the distal end of the handle, wherein the retractor blade 157 comprises a back surface configured to engage and retract tissue fig. 18; and an illuminator blade 109, fig. 12 comprising a light input portion 120, a light conducting portion 124, and a light output portion 145, wherein the light input portion is configured to receive light emitted by the light source (para. 85), wherein the light conducting portion is configured to transmit the light from the light input portion to the light output portion (para. 85), and wherein the light output portion is configured to emit the light from a front surface that is opposite of the back surface of the retractor blade fig. 18, wherein the distal end of the handle comprises an aperture for transmitting the light from the light source to the light input portion of the illuminator blade, wherein the retractor blade is formed from an electrically non-conductive material (cyclo olefin polymer, para. 95), wherein the handle 156 comprises a cylindrical body, and wherein the proximal end of the handle is flared outwardly away from the cylindrical body fig. 16, wherein the light source comprises a light emitting diode (LED) (para. 96), wherein, in a dimension extending between a first lateral side and a second lateral side of the illuminator blade, a width of the light output portion 145 is greater than a width of the light conducting portion 124, wherein the light input portion 120 is disposed in a plane substantially parallel with a longitudinal axis of the handle, and the light output portion 145 is disposed in a plane that is transverse to the longitudinal axis of the handle fig. 13, wherein the light input portion 120 has a round input that transitions into a rectangular shape of the light conducting portion 124, wherein the light output portion comprises a concave curve (para. 114), wherein the retractor blade comprises: a proximal end 118, fig. 13 that is configured to couple to the distal end of the handle, a distal end that is configured to retract tissue fig. 13, a first portion extending, in a first plane, from the proximal end of the retractor blade, and a second portion extending, in a second plane, from the first portion to the distal end of the retractor blade, wherein an inclination angle between the first plane and the second plane is 90 degrees fig. 13
Grey fails to teach that the retractor blade is rotatable in a first direction relative to the handle to couple the retractor blade to the handle and (ii) the retractor blade is rotatable in a second direction relative to the handle to decouple the retractor blade from the handle.
Paolitto teaches a retractor blade 40, fig. 4 releasably coupled to a handle 20 by a coupling joint such as a bayoneted joint, or a threaded joint (para. 37), such that the retractor blade is rotatable in a first direction relative to the handle to couple the retractor blade to the handle and a second direction to decouple the retractor blade from the handle.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the coupling joint of Grey with a bayoneted joint, or a threaded joint in view of Paolitto, such that the retractor blade is rotatable in a first direction relative to the handle to couple the retractor blade to the handle and a second direction to decouple the retractor blade from the handle in order to securely fixing the retractor blade to the handle.
Grey fails to teach plurality of batteries disposed in the handle, and the handle is formed from a polymer material.
Bayat teaches plurality of batteries 128, fig. 4 disposed in the handle 102 Such batteries generally allow the surgical instrument to function for up to five hours (para. 41) and the handle is formed from a polymer material (plastic, para. 30), since The plastic polymer is preferably a lightweight, medical grade polymer and most preferably is a polycarbonate. Lightweight materials also permit the surgeon to use the device over long periods of time with less fatigue.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the handle of Grey in view of Paolitto with plurality of batteries further in view of Bayat Such batteries generally allow the surgical instrument 100 to function for up to many hours.
Also, It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to form the handle of Grey in view of Paolitto from plastic further in view of Bayat Such that the plastic polymer is preferably a lightweight, medical grade polymer and most preferably is a polycarbonate. Lightweight materials also permit the surgeon to use the device over long periods of time with less fatigue.
Grey in view of Paolitto and Bayat fails to teach that the width of a distal end of the retractor blade is greater than the width of the second portion of the retractor blade.
Loubser teaches a width of a distal end 34, fig. 1 of the retractor blade is greater than the width of the second portion 27 and 36 of the retractor blade.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the width of a distal end of the retractor blade of Grey in view of Paolitto and Bayat to be greater than the width of the second portion of the retractor blade, further in view of Loubser for effectively enhancing retracting the tissues during surgery.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 2, 4-13 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Loubser.
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775