DETAILED ACTION
This office action is responsive to the amendment and Request for Continued Examination filed September 9, 2026. By that amendment, claims 1, 21, 22, and 23 were amended; and claims 2, 3 and 20 were canceled. Claims 1, 4-6, 18, 19, and 21-23 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 9, 2026, has been entered.
Response to Arguments
Examiner appreciates applicant’s helpful identification of element 108 as the screwdriver, and amendment of claim 1 to cause the claim language to correlate to the language of the original disclosure. The objection to the drawings is withdrawn.
Examiner apologizes for the incompletely written rejection under 35 USC 112(b). That rejection is withdrawn.
Applicant's arguments filed September 9, 2026, in view of the rejection of claims 1-4 and 19-21 under 35 USC 102(a)(1) in view of Lechot (US 2006/0243108) have been fully considered, and while persuasive to some amount, they are not sufficient to overcome the rejection of record, even in view of the amendment of September 9, 2026.
Applicant argues that examiner errs in referring to portion 14 of Lechot as a guide pion. Examiner is willing to agree that this interpretation was overly broad; but now looks to other teachings of Lechot to show the claimed guide pin. Examiner points to fig. 6 of Lechot, and believes several of the ancillary structures 130 and 134-139 can properly be referred to as guide pins. Examiner issues a new rejection, below with such interpretation now taken.
The rejection of claims 5, 6, and 18 under 35 USC 103 in view of Lechot and Geist (US 2020/0305944) was briefly argued as being improper based on the deficiencies of the rejection of claim 1, as above. The rejection will be modified to correlate to the new structure of Lechot relied upon for the guide pin.
The rejection of record is withdrawn, but the same reference is relied upon in issuing a new rejection, with different understandings, as follows.
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.
Claim(s) 1, 4, 19 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lechot et al. (US 2006/0243108 A1).
Regarding claim 1, Lechot teaches a surgical screwdriver system as at figs. 1A and 6, comprising:
a handle assembly that comprises a handle body 12 and a ratchet mechanism 16, wherein the handle body 12 comprises a proximal end near 24, a distal end near 50, and a central bore as can be seen in fig. 2A extending between the proximal end and the distal end, and wherein the ratchet mechanism 16 is engaged with handle body 12 at the distal end of the handle body 12 (50 engaged, therewith);
a carrier assembly 24/36/38 comprising a carrier body 38, a stop knob 24, and a strike knob 36, wherein the carrier body 38 extends into the central bore at the proximal end of the handle body 12, and wherein the carrier body 38 extends axially between a proximal portion and a distal portion, and wherein the stop knob 24 is in threaded engagement with the proximal portion of 12 [0018], and the strike knob 36 is secured to the proximal portion of the carrier body 38;
a screwdriver 132 having a first end and a second end, wherein the first end is configured for engagement with ratchet mechanism at the coupling 58/94 [0027] and the second end is configured for engagement with a screw (as in claim 14; 132 is disclosed as a screwdriver [0005]; and
a guide pin (130, 134, or 139 each appear to have a structure which has been referred to, or capable of use as a guide pin) and wherein the distal portion of the carrier body 38 is configured to mount the guide pin in a plurality of different axial positions relative to the carrier body (e.g. different amounts of insertion into 38; especially in version 139).
Regarding claim 4, the system includes a retaining mechanism at 24 disposable in an engage configuration and in a release configuration [0028], [0029], wherein in the engage configuration the carrier assembly is maintained engaged with the handle assembly, and in the release configuration the carrier assembly is removable from the handle assembly.
Regarding claim 19, the ratchet mechanism is disposable in a clockwise driving configuration or in a counter-clockwise driving configuration (depending on position of selector 50).
Regarding claim 21, the guide pin (now choosing only versions 130 or 134) comprises a pin portion (distal end) and a hub (proximal end for interfacing with the driver) and extends axially between a first axial end (at the hub) and a second axial end (at the pin portion), and wherein the hub is attached to the first axial end, as can be seen in fig. 6.
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, 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) 5, 6, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lechot in view of Geist et al. (US 2020/0305944 A1).
Regarding claim 5, 6 and 18, Lechot teaches the limitations of claim 4, as above, and further teaches an endcap 24 which his selectively fixed to the handle boduy. Further, Lechot makes clear that the retaining mechanism 24 is not particularly fully demonstrated [0018].
As such, it is not clear that 24 includes a slide lock and spring, and the spring being configured to bias the slide lock into the engage configuration.
Geist teaches a handle portion 24 including a retaining mechanism including a spring 60 and slide lock 61.
It would have been obvious to one with ordinary skill in the art at the time of the invention to form the Lechot coupling between 24 and the rest of the driver to include a slide lock as suggested by Geist. One would have done so as a matter of providing for an automated lock design which retains portions together when actuated, so as to avoid inadvertent loosening of the components.
Allowable Subject Matter
Claims 22 and 23 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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/DAVID W BATES/Primary Examiner, Art Unit 3799
