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.
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 1-14 and 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).
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 and 16 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 relative 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 relative 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 402 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 accomplishing a fixing of the adjusting element against the rotation transverse to the longitudinal axis L in the blocking position (fig 5A; when seated, the elasticity of arm 122 exerts a force which fixes the adjusting element against rotation), the adjusting element includes the first fixing element (fig 4B, adjusting element 122 includes first fixing element 402), and the fixing elements are configured such that the retaining force H must be overcome in order to release the fixing (force which holds in position in fig 5A must be overcome in order to move 402 out of 310 to position shown in fig 6A, fig 6A shows a release of the fixing).
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 relative 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 of the adjusting element by the fixing device (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.
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 8-14 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).
Response to Arguments
Applicant has overcome most of the 112 rejections, one remains and Applicant does not specifically address it in the arguments.
Applicant argues the present invention differs from Gavalis in that it uses different components (rocker and fixation device) that can be used separately, thus it is possible to unlock for rotation, but is locked against sliding. Whereas in Gavalis, only has a single locking stage. While the examiner does not dispute this, the current non-indicated allowable subject matter does not sufficiently capture Applicant’s differences to differentiate from Gavalis as addressed in the rejection above.
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 BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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, 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
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