Prosecution Insights
Last updated: July 17, 2026
Application No. 18/133,514

SURGICAL SCREWDRIVER SYSTEM

Final Rejection §102§103§112
Filed
Apr 11, 2023
Priority
Apr 11, 2022 — provisional 63/329,872
Examiner
BATES, DAVID W
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Spineology Inc.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
820 granted / 1073 resolved
+6.4% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
46 currently pending
Career history
1122
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
70.2%
+30.2% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1073 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This office action is responsive to the amendment filed January 7, 2026. By that amendment, claims 1-6 were amended; claims 7-17 were canceled; and claims 18-23 were newly presented. Claims 1-6 and 18-23 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The newly presented rejections are necessitated by the amendments to the claims of January 7, 2026. 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 claimed “screwdriver assembly” of claim 1 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 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 4-6 and 18 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. Examiner carefully considers the claims in light of the disclosure and is unclear if the claimed “ 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 and 19-21 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 fig. 1A, 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 in fig. 1A, a distal end near 50 in fig. 1A, 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; and a screwdriver assembly 132 as at fig. 6 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]). Regarding claims 2 and 3, Lechot further a guide pin 14 engaged with the distal portion of the carrier body 38 and extending distally from the carrier body 38 through the screwdriver assembly 132. Examiner sees no reason portion 14 cannot be said to be in the form of a pin, capable of, for example, guiding a screwdriver assembly 132 attached thereon. The guide pin 14 comprises a pin portion (shaft 14) and a hub 52 and extends axially between a first axial end at junction between 52 and 38 and a second axial end at 90, and wherein the hub 52 is attached to the first axial end of 14. Regarding claim 4, Lechot further teaches 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 use of selector 50). Regarding claims 20 and 21, there is no reason that portion 14 cannot be called a guide pin. The distal portion of the carrier body 38 is configured to mount the guide pin in a plurality of different axial positions (e.g. relative to a locking mechanism 94; relative to pawls 44, 46, etc.). The guide pin 14 comprises a pin portion and a hub 52 and extends axially between a first axial end at 52 and a second axial end at 90, and wherein the hub 52 is attached to the first axial end. 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 claims 5, 6 and 18, Lechot teaches the limitations of claim 4, as above, and teaches an end cap at 24 which is selectively fixed to the handle body. Further, Lechot makes clear that the retaining mechanism 24 is not particularly clearly demonstrated in full detail [0018]. As such, it is not clear that 24 includes a slide lock and a spring, and the spring is 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. Allowable Subject Matter Claims 22 and 23 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. 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 David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID W BATES/Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

Apr 11, 2023
Application Filed
Aug 07, 2025
Non-Final Rejection mailed — §102, §103, §112
Jan 07, 2026
Response Filed
Apr 09, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+17.0%)
3y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1073 resolved cases by this examiner. Grant probability derived from career allowance rate.

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