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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-19) in the reply filed on 11/20/25 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bethoux et al (US Patent Pub. 20200009710A1).
Bethoux recites a surgical screw delivery apparatus. Specifically in regards to claim 1, Bethoux recites a housing (50/60, Fig. 1a/1b) configured to be attached to a powered surgical screwdriver (300 Fig. 1c); a shaft assembly (30, Fig. 1a, 10-11) coupled with the housing (Fig. 1a), the shaft assembly (30) having a proximal end, a distal end, and a longitudinal axis (see Fig. 1a-1b); a screw cartridge (200, Fig. 1a/1b) coupled with the housing (50/60), the screw cartridge (200, 16a-20) comprising a cartridge barrel (240-260, Fig. 16a), the cartridge barrel (240-260) having a plurality of barrel chambers (252, Fig.22-23) each configured to hold a screw (230); and wherein the distal end of the shaft assembly (30) is coaxially aligned with one of the plurality of the barrel chambers (252) (Fig. 1a-1c, 10-11, and 16a-23; and Para. [0040]-[0043],[0045],[0047],[0049]-[0052],[0055]-[0057],[0059]-[0067]).
In regards to claim 2, Bethoux recites wherein the housing (50/60) has a cavity, and wherein the screw cartridge (200) and the shaft assembly (30) are disposed in the cavity (Fig. 1a/1b).
In regards to claim 3, Bethoux recites wherein the cartridge barrel (210-260) is cylindrically shaped with a barrel centerline generally parallel to the longitudinal axis, and wherein the plurality of barrel chambers (252) are formed through the cartridge barrel (210-260) with centerline of each barrel chamber (252) generally parallel to the barrel centerline, and are uniformly angularly distributed within the cartridge barrel (210-260) (Fig. 16a).
In regards to claim 4, Bethoux recites wherein the screw cartridge (200) further comprises a cylindrically shaped revolver cam (22) coaxial with the cartridge barrel (240-260), the revolver cam having curved grooves (26) formed thereon (Fig. 12-13, Para. [0046],[0060]).
In regards to claim 5, Bethoux recites wherein the screw cartridge (200) further comprises a cartridge shaft (37) coaxial with the cartridge barrel (240-260), each end of the cartridge shaft (37) removably coupled with a securing feature disposed about the housing (50/60) (Fig. 11; and Para. [0045]).
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) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bethoux et al (US Patent Pub. 20200009710A1) in view of Delman et al (US Patent Pub. 20200100799A1).
Bethoux recites a power screwdriver. Specifically in regards to claim 13, Bethoux recites a handgrip (portion of 300 with 301); a screwdriver body (upper body of 300), the screwdriver body having a proximal end (end of 300 with 70), a distal end (end of 300 opposite 70), and a longitudinal axis; and a detachable cartridge and shaft module (100/200), the detachable cartridge and shaft module (100/200) comprising: a housing (50/60) configured to be attached to the screwdriver body (upper body of 300, Fig. 1a-1c); a shaft assembly (30) coupled with the housing (50/60); a screw cartridge (200) coupled with the housing (50/60), the screw cartridge (200) comprising a cartridge barrel (240-260), the cartridge barrel (240-260) having a plurality of barrel chambers (252) each configured to hold a screw (230); and wherein the distal end of the shaft assembly (30) is coaxially aligned with one of the plurality of the barrel chambers (252) (Fig. 1a-1c, 10-11, and 16a-23; and Para. [0040]-[0043],[0045],[0047],[0049]-[0052],[0055]-[0057],[0059]-[0067]). However, the reference is silent as to the screwdriver body having a control panel.
Delman recites in regards to claim 13, a powered screwdriver having a handgrip (13); a screwdriver body (11), the screwdriver body having a proximal end (82), a distal end (80), and a longitudinal axis; a control panel (12) comprising a user input (16) and a light signal (14, which LED display, Para. [0025]); and a detachable cartridge (26) (Fig. 1; and Para. [0016]-[0028]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the body of the screwdriver (300) of Bethoux to have a control panel as taught in Delman in order to prevent the inadvertent the passage of the drill too far and prevent the injuring the patient by penetrating the soft tissue, prevent the insertion the screw into the hole at the wrong angle and/or alignment impairing the strength or effectiveness of the implant, obtain an accurate measurement of depth using tactile feedback preventing the wasting of hardware and increased costs (Para. [0002]).
In regards to claim 14, Bethoux recites wherein the housing (50/60) has a cavity, and wherein the screw cartridge (200) and the shaft assembly (30) are disposed in the cavity of the housing (50/60) (Fig. 1a/1b).
In regards to claim 15, Bethoux recites wherein the cartridge barrel (240-260) is cylindrically shaped with a barrel centerline generally parallel to the longitudinal axis, and wherein the plurality of barrel chambers (252) are formed through the cartridge barrel (240-260) with centerline of each barrel chamber (252) generally parallel to the barrel centerline, and are uniformly angularly distributed within the cartridge barrel (240-260) (Fig. 16a).
In regards to claim 16, Bethoux recites wherein the screw cartridge (200) further comprises a cylindrically shaped revolver cam (22) coaxial with the cartridge barrel (240-260) and a cartridge shaft (37) coaxial with the cartridge barrel (240-260), the revolver cam having curved grooves (26) formed thereon, and each end of the cartridge shaft (37) removably coupled with a securing feature disposed about the housing (50/60) (Fig. 11-13; and Para. [0045], [0046],[0060]).
Allowable Subject Matter
Claims 6-12, 17-19, and 21 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCELA I SHIRSAT whose telephone number is (571)270-5269. The examiner can normally be reached M-F 9:00am-5:30pm MST.
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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775