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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 first and second apparatus in claim 16 (especially the claimed interactions, such as the first sliding part of the first apparatus is at least partially formed as a second receiving part for the second sliding part of the second apparatus) 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 1-16 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.
Regarding claim 1 (and thus its dependents as well), the phrase "in particular" (in line 2) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 1, lines 10 and 11, it is unclear what “the adjusting element is formed to pivot the respective rocker element into an arresting pose to the slide part” means. It is treated as “the adjusting element is formed to pivot the respective rocker element into an arresting pose relative to the slide part”.
In claim 1, lines 14 and 15, similar to above, it is unclear what “the adjusting element is formed to pivot the respective rocker element into a release pose to the slide part” means. It is treated as “the adjusting element is formed to pivot the respective rocker element into a release pose relative to the slide part”.
In claim 1, lines 19 and 20, it is unclear what “at least one fixing device with a first fixing element rotatable transversely to the longitudinal axis L to the sliding part by means...” means. It is treated as “at least one fixing device with a first fixing element rotatable transversely to the longitudinal axis L and to the sliding part by means...”.
In claims 8 and 9, “the fixing” lacks antecedent basis. It is not entirely clear what is intended.
In claims 10 and 11, “the unlocking pose” lacks antecedent basis. Claims 10-14 all have antecedent issues which appear to be fixed if they depended from the preceding claim (so claim 10 depending on 9, 11 on 10, etc).
In claim 12, “the blocking and fixing” and “the first unlocking element” lack antecedent basis.
In claim 13, “the first unlocking element” lacks antecedent basis, as does “the unlocking position”.
In claim 14, “the spacing structure”, “the sliding structure” and “the unlocking position” all lack antecedent basis.
Claim 16 requires “a first and a second apparatus according to any of the preceding claims”. Yet only a single apparatus is ever claimed. It is unclear how the apparatus of claim 1 (and any of 2-15) relates to either the first or the second apparatus. It is treated as “a first apparatus according to claim 1 and a second apparatus according to claim 1”.
In claim 16, “the first apparatus and the second apparatus are arranged one behind the other such that the first sliding part of the first apparatus is at least partially formed as a second receiving part for the second sliding part of the second apparatus”. The sliding part is a separate structure than the sliding part – see claim 1 “An apparatus for seeing a penetration depth of a tubular or rod-shaped sliding part...”. Thus it is unclear how there can be “the first sliding part of the first apparatus” or a “the second sliding part of the second apparatus”.
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) 1-3, 5-7, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gavalis et al (US 2018/0317750).
Regarding claim 1, Gavalis discloses An apparatus for setting a penetration depth of a tubular or rod-shaped sliding part 106, in particular of a medical aspiration needle carrier part in a receiving part, the apparatus comprising a handle piece 120 (fig 3C), which surrounds the sliding part, and which is formed for sliding along a longitudinal axis L of the sliding part in relation to the sliding part (abstract, when in the open position), and the handle piece comprising: an adjusting element 122, which is formed for rotating transversely to the longitudinal axis L of the sliding part (figs 5A and 6A), and at least one rocker element 410, which is arranged between the adjusting element and the sliding part (fig 6B), wherein the adjusting element is formed to pivot the respective rocker element into an arresting pose to the sliding part (figs 5A and 5B), in which sliding of the handle piece along the longitudinal axis L is blocked, by rotating into a blocking direction B transversely to the longitudinal axis L into a blocking position (figs 5A and 5B), and the adjusting element is formed to pivot the respective rocker element into a release pose to the sliding part (figs 6A and 6B), in which sliding of the handle piece along the longitudinal axis L is released, by rotating into an adjusting direction V different from the blocking direction B transversely to the longitudinal axis L into an adjusting position different from the blocking position (figs 6A and 6B), and further comprising at least one fixing device with a first fixing element 312 rotatable transversely to the longitudinal axis L (and to) to the sliding part by means of the adjusting element (fig 6A) and a second fixing element 310 (fig 6A) stationary to the sliding part against the rotation transverse to the longitudinal axis L (fig 6A, due to projection 314 from fig 3D and notch in 310), wherein the first fixing element and the second fixing element are formed to exert a retaining force H for fixing the adjusting element against the rotation transverse to the longitudinal axis L in the blocking position (fig 5A).
Regarding claim 2, wherein the first fixing element forms a barrier body, and the second fixing element forms a notch configured for receiving the barrier body, wherein the barrier body is formed to be moved into a fixing pose, in which the retaining force (H) is maximum, by means of an operating action of an operator in the blocking position of the adjusting element (figs 5A and 5B).
Regarding claim 3, wherein the adjusting element is formed to move the first fixing element into a fixing pose to the second fixing element, in which the retaining force H is maximum, by rotating transversely to the longitudinal axis L into the blocking position (figs 5A vs 6A; there is no retaining force in fig 6A due to it being unlatched).
Regarding claim 5, wherein the first fixing element is formed as a rolling bearing with at least one rolling body (when pivot pin 124 is considered part of first fixing element), and the second fixing element forms a notch for receiving the rolling body in the fixing pose (when the notch in body 120 is considered part of the second fixing element).
Regarding claim 6, wherein the adjusting element and the respective rocker element form a guide structure, which presets a guide course at least for rotating the adjusting element transversely to the longitudinal axis L in relation to the respective rocker element, wherein the adjusting element is adjustable into the respective position along the guide course (figs 5A-6B).
Regarding claim 7, wherein the guide structure includes a guide course section associated with the blocking position, which extends along the longitudinal axis L, and the adjusting element is slidable along the guide course section in relation to the respective rocker element for releasing the fixing (figs 5A-6B).
Regarding claim 10, wherein the handle piece includes an unlocking device 124, which is arranged between the sliding part and the adjusting element (fig 6A), said unlocking device being formed to maintain the respective fixing elements in the unlocking pose upon rotating the adjusting element transversely to the longitudinal axis (the unlocking device 124 is a pin which does not biase in any manner and thus will maintain respective poses upon being placed in said poses).
Regarding claim 15, wherein the first fixing element 312 is embraced by the adjusting element 122 (fig 5A) and the holding force H must be overcome to release the fixing (figs 5A-6B).
Regarding claim 16, Gavalis discloses a medical handpiece for a medical appliance (fig 1C), with a first 110 and a second apparatus 112 according to any one of the preceding claims, wherein the first apparatus is formed to set the penetration depth of a first tubular sliding part 206 (fig 2B) in a first receiving part (through-hole), and wherein the second apparatus is formed to set the penetration depth of a second tubular sliding part 208 in a second receiving part (through-hole), and the first apparatus and the second apparatus are arranged one behind (fig 1A) the other such that the first sliding part of the first apparatus is at least partially formed as a second receiving part for the second sliding part of the second apparatus (fig 1A?, see 112 rejection above as it is unclear what is intended), wherein the first receiving part and the second sliding part comprise a respective connection interface 116 for connecting elements of the medical appliance (fig 2A).
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The examiner did not find a teaching or suggestion for modifying closest art Gavalis such that the first fixing element and the second fixing element include a magnetic material and form a magnetic field of opposite polarity to each other absent impermissible hindsight.
Claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The examiner did not find a teaching or suggestion for modifying closest art Gavalis such that the adjusting element is formed to occupy an unlocking position different from the blocking position and the adjusting position by rotating from the blocking position into the blocking direction B for releasing the fixing, in addition to the other limitations. Such would require a substantial rework of Gavalis as the device is incapable of rotating from the blocking position in the blocking direction (only from the blocking position in the adjusting direction as shown moving from fig 5A to fig 6A).
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The examiner did not find a teaching or suggestion such that the adjusting element and a first unlocking element form a spacing structure which maintains the adjusting element and first unlocking element as a present distance, and a connection mechanism which reduces the present distance upon rotation of the adjusting element.
Claims 12-14 are only rejected under 112, but are also not indicated allowable as their 112 issues make it difficult to reject the claims, especially as they lean heavily on structures introduced in claim 11 (which is indicated as allowable other than the 112 issues).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783