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
Applicant’s arguments, see applicant remarks pg. 7-8, filed 07/13/2026, with respect to claim 1 have been fully considered and are persuasive. The prior art rejection of claim 1 has been withdrawn.
Claim Status
The drawing objection, claim objection and 35 U.S.C. 112(b) rejections have been overcome.
Claims 1-5, 7-9 and 11-17 are examined below.
Claim Objections
Claim 5 objected to because of the following informalities: "the bolt including a head and the shaft" should read "the bolt include. Appropriate correction is required.
Claim 8 objected to because of the following informalities: "the one or more section includes" . Appropriate correction is required.
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 8-9 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 8 recites “the one or more section”, “the first section” and “the second section”. It is unclear if these are the same sections as recited in claim 1 as a part of the through hole of the proximal body or as a part of the mounting member as indicated in line 2 of claim 8. The Examiner recommends amending all uses of “one or more sections”, “first section”, “second section” and “third section” found in claims 1 and 8 to be followed by what part they belong to. For instance, “the first section of the through hole of the proximal body” and “the first section of the mounting member”. If amendments are made to the first and second sections in claim 1, they should be made in dependent claim 11 as well. Dependent claim 9 is likewise rejected.
Allowable Subject Matter
Claims 1-5, 7 and 11-17 allowed.
Claims 8-9 would be allowable if rewritten or amended 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.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/T.M.D./Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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