DETAILED ACTION
This office action is responsive to the amendment filed October 27, 2025. By that amendment, claims 1, 6-9, 11, 13, 16, 18, 20, 21, 25, 26, 28, and 29 were amended; claims 2-5, 10, 14, 15, 17, and 19 were canceled; and claims 93-95 were newly presented. Claims 1, 6-9, 11, 13, 16, 18, 20, 21, 25-29, 33, 34, and 93-95 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
The outstanding rejection of claim 25 under 35 USC 112(b) is overcome by the amendment of October 27, 2025.
Applicant’s arguments with respect to claim(s) 1-7, 9, 10, 13-15, 17, 19-21 under 35 USC 102(a)(1) in view of Kuslich (US 2002/0010472); claims 13, 25-29, 33, and 35 under 35 USC 102(a)(1) in view of Greenhalgh et al. (US 2019/0314040 A1); and claims 8 and 18 under 35 USC 103 in view of Kuslich; 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.
Examiner notes that no arguments are presented directed towards the Greenhalgh reference, except for a statement that Greenhalgh does not teach the claimed features. A different reference or combination of references is relied upon at this time to reject the claims.
The amendments to the claims have necessitated the newly presented rejections.
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 13, 16, 18, 20, 21, 25-29, 33, 34 and 93-95 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.
Claim 13 refers to “the flow path” at line 6, which limitation lacks antecedent basis in the claim. Correction is required. For examination purposes, examiner treats this as “a flow path”.
Further, at lines 10-11, the claim states that “the second shaft section is oriented at an angle with respect to the second shaft section”. Examiner suggests this was intended to be relative to the first shaft section. As presently written, this is considered to be non-limiting. Examiner treats this as ‘with respect to the first shaft section’ for examination purposes. If applicant intended the claim as presently written, then examiner treats the limitation as being inherently present. Correction is required.
Claims 93-95 refer to “an end”. Examiner finds this difficult to distinguish from “first end” and “Second end” of claim 1 from which the claim depends, and is unclear if this is the same end as one of those two ends, or a different end. Examiner has studied the specification and believes it is actually “the first end” which includes the structure for attaching a syringe (element 122, [0052] {instant}). Examiner interprets these claims to be requiring attachment of the syringe at the first end for examination purposes. Correction is required.
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, 6-9, 11, 13, 16, 18, 20, 21, 25-29, 33, 34, and 93-95 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenhalgh et al. (US 2016/0296344 A1).
Regarding claim 1, Greenhalgh teaches a bone grafting tool as at fig. 1, noting detail of tip at figs. 6A-I, comprising:
a rigid cannulated shaft 120 [0096] including a first section closest to the handle 102 and a second section closest to 130 coupled to the first section of 120, the first and second sections defining a flow path through 120 (see fig. 6G demonstrating 10 flowing through 120 and 132) between a first end and a second end of the shaft 120, the second section positioned at an angle with respect to the first section of 120;
a head 130 coupled to the second section at the second end of the shaft see fig. 6A-C), the head defining a top side comprising an aperture 132 in flow communication with the flow path through 120, a bottom side opposite the top side (other side with an aperture 132), and a side surface extending between the top side and the bottom side wherein:
the aperture 132 is oriented near normal to a longitudinal axis of the second section as seen clearly in fig. 6A: and
the side surface is at least partially spherical and defines an outer profile that is larger than an outer diameter of the second section of the rigid cannulated shaft 120 (see fig. 6C; [0098], [0128]); and
a handle 102 coupled to the rigid cannulated shaft 120 and having a fixed orientation with respect to the aperture 132.
Regarding claim 6, the first angle is about 15 degrees (either 1) the angle seen at fig. 1A can be considered about 15 degrees; or 2) as at [0096], other angles are possible; 3) fig. 15A-B demonstrates another angle).
Regarding claim 7, a length of the first section is greater than a length of the second section (as seen in fig. 1A; as seen at fig. 15A-B; modification as discussed at [0096]).
Regarding claim 8, the second section is detachably coupled to the first section in the fig. 15A-B version.
Regarding claim 9, the first end of the shaft 120 includes means for attachment to a syringe. (loading device 600 as at fig. 17A; [0104], [0108]. The passage 406 through the handle 102 as seen at fig. 2G is open into 120).
Regarding claim 11, the bone grafting tool includes a plunger 112 for insertion into the first end of the shaft 120.
Regarding claim 93, as best understood, the first section of 120 extends through the handle; the first end of the first section is positioned distal to the handle 102 (a significant portion of the first end of the first section of 120 is distal to 102), and the first end comprises an opening in flow communication with the flow path (the opening through the handle 102, e.g. 406 at fig. 2G).
Regarding claim 94, the first end of 120 (fig. 4A) comprises a lock mechanism 125a configured to removably couple to a syringe 600 (at 610; [0105]).
Regarding claim 95, the bottom side of the head defines a flattened surface (not completely rounded, various shaped discussed at [0098], [0128]).
Regarding claim 13, Greenhalgh teaches a surgical tool kit as at figs. 1A, 6A-I, and 15A-B comprising:
a first shaft section (120);
a second shaft section (850a) configured to couple to the first shaft section 120 and be oriented at an angle with respect to the first shaft section as in fig. 15A;
a head 130 configured to couple to the second shaft section, the head defining a top side comprising an aperture 132 in flow communication with a flow path, a bottom side opposite the top side (side including other aperture 132) and a side surface extending between the top side and the bottom side wherein:
when coupled together, the first and second shaft sections 120/850a form a rigid cannulated shaft defining a flow path between a first end and a second end of the shaft 120/850a;
the second shaft section 850a is oriented at an angle with respect to the first shaft section 120 as at fig. 15A;
the head 130 includes an aperture 132 which, when the head is coupled to the second end of the shaft 850a, is in flow communication with the flow path (demonstrated at fig. 6G and 6I where graft material passes therethrough); and
the aperture 132 is positioned near normal to an axis of the second shaft section 850a.
Regarding claim 16, the kit further includes a plunger 112 for insertion into the first end of the shaft 120.
Regarding claim 18, the head 130 includes means for detachably coupling the head to the end of the second shaft section [0098].
Regarding claim 20, the first angle is about 15 degrees (either 1) the angle seen at fig. 1A can be considered about 15 degrees; or 2) as at [0096], other angles are possible; 3) fig. 15A-B demonstrates another angle).
Regarding claim 21, a length of the first shaft section 120 is greater than a length of the second shaft section 850a.
Regarding claim 25, further comprising a shaver accessory for coupling to the second end of the shaft 850a (portions 134 can be considered a shaver [0099]; alternatively as at fig. 7C, other tool 152 can be coupled thereto); the shaver accessory 134 including an aperture (choosing a second aperture 132 as in fig. 6C), wherein, when the shaver accessory 134 is coupled to the second end of the shaft 850a, the aperture 132 is in flow communication with the second section 850a.
Regarding claim 26, further comprising a soft tissue removal tool (another use for 134).
Regarding claim 27, the soft tissue removal tool 134 comprises a rigid shaft having a pointed tip (as at fig. 6C, portion 134 is considered to be connected to a shaft of 132, and has a pointed tip.
Regarding claim 28, wherein the rigid shaft of the soft tissue removal tool 134 includes a curved distal segment terminating in the pointed tip (note curved configuration of tip of 134).
Regarding claim 29, at least a portion of the rigid shaft of the soft tissue removal tool 134 is tapered toward the distal segment.
Regarding claim 33, wherein the tip is conical shaped (see figs. 6B and 6C).
Regarding claim 34, the soft tissue removal tool 134 comprises a rigid shaft having a cutting edge (the rough portions of 134 are capable of cutting some materials based on their configuration).
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
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/DAVID W BATES/Primary Examiner, Art Unit 3799