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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11 March 2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 11 February 2026. As directed by the amendment: claims 1 and 5 have been amended and claims 6-15 are cancelled. Claims 1-5 currently stand pending in the application.
The claim amendments are not sufficient to fully overcome the claim objections listed in the previous action, which are repeated below in relevant part.
The cancellation of claim 10 has rendered moot the relevant rejection under 35 U.S.C. 112(a) listed in the previous action. The rejections under 35 U.S.C. 112(a) are accordingly withdrawn.
Response to Arguments
Applicant's arguments filed 11 February 2026 with respect to the rejections under 35 U.S.C. 102(a)(1)/(2) have been fully considered but they are not persuasive. Applicant contends that Vogen (US 4,813,407) does not disclose a longitudinal axis of the aligned section being parallel to, but spaced apart offset from, the longitudinal axis of the guide channel, because the longitudinal axis of the collar formed in the end of the arm 12 is not spaced apart from the longitudinal axis of the collar 42, but instead is colinear with it, since both collars are mounted on a common cannula. Examiner respectfully submits that in the below interpretation, the aligned section comprises only the portion of 12 that is aligned with 24 and inferior to 24, i.e. the bottom section or length of the portion/collar of 12 connected to 24. The aligned section thus is parallel to, but spaced apart offset from, the longitudinal axis of the guide channel, and therefore this aligned section would also have a longitudinal axis running through it, i.e. through a body portion of the bottom section of 12 connected to 24, that is correspondingly parallel to and spaced apart offset from the longitudinal axis of the guide channel. There are a multitude of longitudinal axes through the aligned section. Considering this, even if the aligned section is interpreted as comprising the entire distal portion/collar of 12 that is connected to/surrounds 24, there are various longitudinal axes running through the aligned section, some of which are parallel to, but spaced apart offset from, the longitudinal axis of the guide channel, as described above.
Claim Objections
Claim 5 is objected to because of the following informalities: improper antecedence and language. Appropriate correction is required. The following amendments are suggested:
Claim 5 / lines 2-3: “wherein each of the positioning elements”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent NO. US 4,813,407 to Vogen.
As to claim 1, Vogen discloses a surgical instrument, the instrument comprising: a handle (72) formed in a proximal end of the surgical instrument, FIG. 1; a guide piece (42) formed in a distal end of the surgical instrument, the guide piece has a guide channel (aperture through 42 that receives 24/36 when attached to 24) formed therein (col. 4 / lines 45-56), the guide channel has a longitudinal axis (through center of 42) and is open at both its proximal and distal ends along the longitudinal axis; a stem (12) extending between the handle and the guide piece (col. 6 / lines 3-13), the stem having (i) an inclined section (angled portion of 12 directly connected to 72) that extends distally away from the handle, the inclined section being inclined away from the longitudinal axis of the guide channel, FIG. 1, and (ii) an aligned section (portion of 12 that is distal to the inclined section and aligned with 24 and inferior to 24, i.e. the bottom section or length of the portion of 12 connected to 24) that extends distally away from the inclined section, a longitudinal axis of the aligned section being parallel to, but spaced apart offset from, the longitudinal axis of the guide channel (the aligned section is parallel to 24 and thus to the longitudinal axis of the guide channel through 42, and is spaced apart offset from the longitudinal axis of the guide channel because the aligned section comprises a portion of 12 that is inferior to 24 – therefore a longitudinal axis of the aligned section is parallel to and spaced apart offset from the longitudinal axis of the guide channel; even if the aligned section comprises the entire distal portion/collar of 12 that is connected to/surrounds 24, there are various longitudinal axes running through the aligned section, some of which are parallel to, but spaced apart offset from, the longitudinal axis of the guide channel); and a positioning element (16, 18) having a curved edge formed in its distal end (col. 4 / lines 13-19), FIGS. 1-3, the curved edge is positioned below the distal end of the guide channel and projects inwardly towards the longitudinal axis of the guide channel, FIG. 1.
As to claim 2, Vogen discloses the instrument of claim 1, wherein the guide channel is adapted to receive a cutting tool (36) and the longitudinal axis of the guide channel corresponds to an operative axis of the cutting tool in use, FIG. 1.
As to claim 3, Vogen discloses the instrument of claim 2, wherein the guide channel is adapted to restrain radial movement of the cutting tool and allow axial movement of the cutting tool relative to the guide channel (col. 4 / lines 30-44).
As to claim 4, Vogen discloses the instrument of claim 3, wherein the positioning element includes a liner penetrating part (32, 34), FIG. 3.
As to claim 5, Vogen discloses the instrument of claim 3, wherein two or more of the positioning elements (16, 18) are provided and wherein each of the positioning element includes a liner penetrating part (32, 34) towards its distal end, FIG. 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775