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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08 January 2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 08 January 2026. As directed by the amendment: claims 1-3, 5-9, 11, 12, 14, and 21-23 have been amended and claims 4 and 13 are cancelled. Claims 1-3, 5-12, and 14-23 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the previous claim objections, which are accordingly withdrawn. Further claim objections as necessitated by the current claim set are presented below.
The amendments to the claims are sufficient to overcome the previous rejections under 35 U.S.C. 112(b), which are accordingly withdrawn. Further rejections under 35 U.S.C. 112(b) as necessitated by the current claim set are presented below.
Response to Arguments
Applicant's arguments, filed 08 January 2026, as to the rejections under 35 U.S.C. 102(a)(1), have been fully considered but they are not persuasive. Applicant contends that Farley (US 8,360,971) teaches an adjustable angle between head 106 (recited retractor connector) and connector 104 (recited handle segment), and therefore does not teach a fixed angle as set forth in the claims. Examiner respectfully submits that the term “fixed” is commonly understood to mean securely placed or fastened. Therefore, the angle between the retractor connector and the handle segment is fixed, or securely placed in position, when a final position of the retractor connector 106 has been achieved and the shaft 110 ceases translation so that the retractor connector no longer rotates but instead is fixed in relative place (col. 4 / lines 44-58).
Applicant contends that Meier (US 4,143,652) discloses joints that are not at a fixed angle. Examiner respectfully submits that the term “fixed” is commonly understood to mean securely placed or fastened. Meier discloses that each of the joints can be arrested in position when the relative positions of the components are achieved (col. 3 / lines 56-62), at which time the angle is fixed, or securely placed in position.
Claim Objections
Claims 1-3, 5-12, 22, and 23 are objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
In claim 1 / line 19: “and that is configured to provide a surface”
In claim 1 / line 23: “and [[the]] a longitudinal axis of the retractor connector”
In claim 8 / lines 2-3: “with the longitudinal axis of the elongated member.”
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 1-3, 5-12, and 14-23 are rejected under 35 U.S.C. 112(b) 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.
The term “suitable” in claims 1-3, 6, 14, 22, and 23 is a relative term which renders the claims indefinite. The term “suitable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the term will be interpreted as deleted, with the limitation remaining reading the “surface for grasping”.
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, 3, 5-10, 22, and 23 are rejected under 35 U.S.C. 102(a)(1) as anticipated by U.S. Patent No. US 8,360,971 to Farley et al. (hereinafter, “Farley”).
As to claim 1, Farley discloses an articulated arm (col. 4 / lines 25-39), comprising: a first arm segment (102) comprising a first arm segment proximal end and a first arm segment distal end, FIGS. 1-2; a retractor connector (106) configured to engage and retain a retractor blade (108), FIGS. 2-3; and a handle segment (104) that extends longitudinally from a handle segment proximal end to a handle segment distal end without articulation between the handle segment proximal end and the handle segment distal end (no articulation between proximal and distal ends of the monolithic handle segment 104); wherein the handle segment proximal end is coupled to the first arm segment distal end (col. 4 / lines 40-41), FIG. 2; wherein the handle segment distal end is coupled to a proximal end of the retractor connector at a fixed angle (the term “fixed” is commonly understood to mean securely placed or fastened; the angle is fixed, or securely placed in position, when a final position of the retractor connector 106 has been achieved and the shaft 110 ceases translation) (col. 4 / lines 44-58), FIG. 2; wherein the handle segment provides an outer surface (of 104) that extends longitudinally between the handle segment distal end and the handle segment proximal end and radially about a longitudinal axis of the handle segment (the outer surface of 104 extends radially about its longitudinal axis), FIG. 3, so as to provide a surface suitable for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a surface suitable for grasping between a palm and fingers, e.g. with the fingers wrapped around); and wherein the fixed angle positions the longitudinal axis of the handle segment and the longitudinal axis of the retractor connector such that, when the longitudinal axis of the retractor connector is positioned horizontally, the handle segment extends diagonally upward from the retractor connector so as to position the handle segment distal end higher than a lower side of the retractor connector (in the position in FIG. 4 when a distal end of the blade moves away from the first arm segment by the retractor connector pivoting clockwise about pin 122, col. 5 / lines 3-7, aligning the longitudinal axis of the retractor connector horizontally would result in the handle segment extending diagonally upward from the retractor connector, with the handle segment distal end higher than a lower side of the retractor connector).
As to claim 3, Farley discloses the articulated arm of claim 1, wherein: the handle segment comprises an elongated member (110) that extends longitudinally between the handle segment distal end and the handle segment proximal end (col. 4 / lines 59-62); and the surface suitable for grasping is integral with the elongated member (where the term integral is commonly understood to mean necessary as part of a whole; the surface and the elongated member are integral to each other as part of the whole apparatus).
As to claim 5, Farley discloses the articulated arm of claim 1, wherein: the handle segment comprises: an elongated member (110) that extends longitudinally between the handle segment distal end and the handle segment proximal end (col. 4 / lines 59-62); and a handle (112) radially about a longitudinal axis of the elongated member, FIGS. 2-3; the elongated member has a first circumference; and the handle has a second circumference that is greater than the first circumference (since the handle 112 extends around the elongated member 110).
As to claim 6, Farley discloses the articulated arm of claim 5, wherein the handle comprises depressions (depressions created by/throughout the texture at 113) in the surface suitable for grasping (where the surface includes the outer surfaces of 104 and 112) that are arranged to align with the fingers of the person's hand when grasped (interpreted as language of intended use; the depressions are fully capable of aligning with the fingers of the hand when grasped, e.g. with the fingers wrapped around).
As to claim 7, Farley discloses the articulated arm of claim 5, wherein a longitudinal axis of the handle is parallel to the longitudinal axis of the elongated member (a longitudinal axis taken along a sidewall of the handle is parallel to the longitudinal axis through a center of the elongated member).
As to claim 8, Farley discloses the articulated arm of claim 5, wherein a longitudinal axis of the handle is coaxial with longitudinal axis of the elongated member (a longitudinal axis taken through a center of the handle is coaxial with a longitudinal axis through a center of the elongated member).
As to claim 9, Farley discloses the articulated arm of claim 1, wherein a distal portion of the retractor connector comprises an attachment port (131), FIG. 3, configured to receive an attachment post (132) of the retractor blade (col. 5 / lines 28-29), FIG. 6.
As to claim 10, Farley discloses the articulated arm of claim 9, wherein: the retractor connector engages an annular groove (402) of the attachment post when the attachment post is received by the attachment port (col. 5 / lines 16-20, col. 6 / lines 18-22), FIGS. 4-6; and engagement of the annular groove by the retractor connector prevents withdraw of the attachment post from the attachment port (col. 6 / lines 18-22).
As to claim 22, Farley discloses the articulated arm of claim 1, wherein the surface suitable for grasping (outer surface of 104) is visually and physically unobstructed by other components of the articulated arm, FIG. 2.
As to claim 23, Farley discloses the articulated arm of claim 1, wherein the surface suitable for grasping (outer surface of 104) provides a widest portion of the handle segment, FIG. 3.
Claims 1, 3, 5, 7-9, 11, 12, 14, and 16-23 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent No. 4,143,652 to Meier et al. (hereinafter, “Meier”).
As to claim 1, Meier discloses an articulated arm, FIG. 1, comprising: a first arm segment (33) comprising a first arm segment proximal end and a first arm segment distal end; a retractor connector (14, 21, and 25) configured to engage and retain a retractor blade (11) (col. 4 / lines 20-24), FIG. 3; and a handle segment (26) that extends longitudinally from a handle segment proximal end to a handle segment distal end without articulation between the handle segment proximal end and the handle segment distal end (since the handle segment comprises a single rod 26) (col. 3 / lines 48-62); wherein the handle segment proximal end is coupled to the first arm segment distal end, FIG. 1; wherein the handle segment distal end is coupled (at 27) to a proximal end of the retractor connector (proximal end of 25) at a fixed angle (the term “fixed” is commonly understood to mean securely placed or fastened; the angle is fixed, or securely placed in position, when a final position of the retractor connector has been achieved and the joint 27 is arrested in position, col. 3 / lines 56-62); wherein the handle segment provides an outer surface that extends longitudinally between the handle segment distal end and the handle segment proximal end and radially about a longitudinal axis of the handle segment (since the longitudinal axis is through a center of the handle segment and the outer surface is radially outward from and about the central longitudinal axis) so as to provide a surface suitable for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a surface suitable for grasping between a palm and fingers, e.g. held between the palm and the fingers wrapped around, or held along the palm and between the fingers of a smaller hand); and wherein the fixed angle positions the longitudinal axis of the handle segment and the longitudinal axis of the retractor connector such that, when the longitudinal axis of the retractor connector is positioned horizontally, the handle segment extends diagonally upward from the retractor connector so as to position the handle segment distal end higher than a lower side of the retractor connector (fully capable of achieving this relative angling because of the joints at 22 and 27, col. 3 / lines 48-62; even in the relative position shown in FIG. 1, depending on the perspective, the retractor connector at 21 can be interpreted as positioned horizontally with the handle segment extending diagonally upward).
As to claim 3, Meier discloses the articulated arm of claim 1, wherein: the handle segment comprises an elongated member (rod 26) that extends longitudinally between the handle segment distal end and the handle segment proximal end; and the surface suitable for grasping is integral with the elongated member, FIG. 1.
As to claim 5, Meier discloses the articulated arm of claim 1, wherein: the handle segment comprises: an elongated member (rod 26) that extends longitudinally between the handle segment distal end and the handle segment proximal end; and a handle (larger diameter portion at the proximal end of 26) radially about a longitudinal axis of the elongated member (since the longitudinal axis of the elongated member also extends through the handle); the elongated member has a first circumference; and the handle has a second circumference that is greater than the first circumference, FIGS. 1 and 4.
As to claim 7, Meier discloses the articulated arm of claim 5, wherein a longitudinal axis of the handle is parallel to the longitudinal axis of the elongated member (a longitudinal axis taken along a sidewall of the handle is parallel to the longitudinal axis through a center of the elongated member).
As to claim 8, Meier discloses the articulated arm of claim 5, wherein a longitudinal axis of the handle is coaxial with longitudinal axis of the elongated member (a longitudinal axis taken through a center of the handle is coaxial with a longitudinal axis through a center of the elongated member).
As to claim 9, Meier discloses the articulated arm of claim 1, wherein a distal portion of the retractor connector (at 14) comprises an attachment port (39) configured to receive an attachment post (13) of the retractor blade (col. 4 / lines 21-23), FIG. 3.
As to claim 11, Meier discloses the articulated arm of claim 1, comprising a joint (ball-and-socket joint at 28) that couples the handle segment proximal end to the first arm segment distal end and permits articulation of the handle segment with respect to the first arm segment (col. 3 / lines 48-54), FIG. 1.
As to claim 12, Meier discloses the articulated arm of claim 11, wherein the joint comprises: a ball (28) attached to one of the first arm segment distal end and the handle segment proximal end; and a socket attached to the other of the first arm segment distal end and the handle segment proximal end (col. 3 / lines 48-54), FIGS. 1 and 4.
As to claim 22, Meier discloses the articulated arm of claim 1, wherein the surface suitable for grasping is visually and physically unobstructed by other components of the articulated arm, FIG. 1.
As to claim 23, Meier discloses the articulated arm of claim 1, wherein the surface suitable for grasping provides a widest portion of the handle segment (where the handle segment comprises rod 26 which has a surface suitable for grasping that provides the widest portion of the handle segment since the rod itself has a constant diameter).
As to claim 14, Meier discloses a retractor system, comprising: a mounting assembly comprising a post (34) and a bed mount (35) (col. 3 / line 63 – col. 4 / line 10); an articulated arm comprising a plurality of arm segments (32 and 26), a retractor connector (14 and 21), and a handle segment (25), FIG. 1; and a retractor blade (11) attached to the retractor connector (col. 4 / lines 20-24), FIG. 3; wherein a proximal end of the plurality of arm segments is coupled to the post (integrally coupled); wherein a proximal end of the handle segment is coupled to a distal end of the plurality of arm segments (at 27); wherein a distal end of the handle segment is coupled (at 22) to a proximal end of the retractor connector at a fixed angle (the term “fixed” is commonly understood to mean securely placed or fastened; the angle is fixed, or securely placed in position, when a final position of the retractor connector has been achieved and the joint 22 is arrested in position, col. 3 / lines 56-62); wherein the handle segment comprises an outer handle surface (larger diameter portion over and along distal end of 25) that extends longitudinally along the handle segment between the distal end and the proximal end of the handle segment and that extends radially about the handle segment; wherein the outer handle surface is sized and positioned to provide a suitable surface for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a suitable surface for grasping between a palm and fingers, e.g. held between the palm and the fingers wrapped around, or held along the palm and between the fingers of a smaller hand); and wherein the outer handle surface is visually and physically unobstructed by other components of the articulated arm, FIG. 1.
As to claim 16, Meier discloses the retractor system of claim 14, wherein: the handle segment comprises an elongated member (rod 25) between the proximal end and the distal end of the handle segment; and the outer handle surface is integral with the elongated member (where the term integral is commonly understood to mean necessary as part of a whole; the outer handle surface and the elongated member are integral to each other as part of the whole apparatus).
As to claim 17, Meier discloses the retractor system of claim 14, wherein: the handle segment comprises an elongated member (rod 25) between the proximal end and the distal end of the handle segment; the elongated member has a first circumference; and the outer handle surface has a second circumference that is greater than the first circumference, FIG. 1.
As to claim 18, Meier discloses the retractor system of claim 14, wherein a longitudinal axis of the outer handle surface is parallel to a longitudinal axis of the handle segment (a longitudinal axis taken along a sidewall of the outer handle surface is parallel to a longitudinal axis through a center of the handle segment).
As to claim 19, Meier discloses the retractor system of claim 14, wherein a longitudinal axis of the outer handle surface is co-axial with a longitudinal axis of the handle segment (a longitudinal axis taken through a center of the outer handle surface is coaxial with a longitudinal axis through a center of the handle segment).
As to claim 20, Meier discloses the retractor system of claim 14, wherein: the retractor blade comprises an attachment post (13); the retractor connector comprises an attachment port (39) configured to receive the attachment post of the retractor blade (col. 4 / lines 21-23), FIG. 3; and the retractor connector permits rotation of the retractor blade about a longitudinal axis of the attachment post when coupled to the retractor connector (since the attachment post is cylindrical, and can rotate in the attachment port when port 39 and bore 42 are aligned, col. 4 / lines 20-34).
As to claim 21, Meier discloses the retractor system of claim 14, wherein the distal end of the handle segment is affixed to the retractor connector such that a longitudinal axis of the handle segment and a longitudinal axis of the retractor connector form a fixed obtuse angle, FIG. 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Farley in view of U.S. Patent No. US 6,544,169 to Putrino et al. (hereinafter, “Putrino”).
As to claim 2, Farley discloses wherein: the handle segment comprises: an elongated member (110) that extends longitudinally between the handle segment proximal end and the handle segment distal end (col. 4 / lines 59-62); but is silent as to material molded over the elongated member; and the material molded over the elongated member provides the surface suitable for grasping.
Putrino teaches that a texture for better handling and to aid a user in gripping a surface is provided as a surface molded with a material of adequate roughness (col. 8 / lines 51-56).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the texture on Farley’s handle (texture 113 on handle 112) as a surface molded with a material of adequate roughness, since Putrino teaches that this provides a texture for better handling and to aid a user in gripping a surface, as required by Farley for gripping and manipulating the handle. Then, the handle would comprise material molded over its outer surface, which material is molded over the elongated member (Farley, at 110) since it is molded over the handle and the handle surrounds and thus has surfaces that are over and around the elongated member. In this interpretation, the surface for grasping includes the outer surfaces of 104 and 112 since these surfaces are at least partially exposed for grasping, and therefore the material molded over the elongated member provides at least part of the surface suitable for grasping.
Claims 14 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Farley in view of U.S. Patent No. US 9,078,635 to Menendez et al. (hereinafter, “Menendez”).
As to claim 14, Farley discloses a retractor system, comprising: an articulated arm comprising an arm segment (102), a retractor connector (106), and a handle segment (104) (col. 4 / lines 25-39), FIGS. 2-3; and a retractor blade (108) attached to the retractor connector (col. 5 / lines 28-29), FIG. 6; wherein a proximal end of the handle segment is coupled to a distal end of the arm segment (at distal end of 102), FIG. 2; wherein a distal end of the handle segment is coupled to a proximal end of the retractor connector at a fixed angle (the term “fixed” is commonly understood to mean securely placed or fastened; the angle is fixed, or securely placed in position, when a final position of the retractor connector 106 has been achieved and the shaft 110 ceases translation) (col. 4 / lines 44-58), FIG. 2; wherein the handle segment comprises an outer handle surface (outer surface of 112; as defined by its function, since it is configured to be gripped as a handle) that extends longitudinally along the handle segment (the outer handle surface extends longitudinally along the member 110 of the handle segment because they are coaxial so sides of the handle segment extend longitudinally along sides of 110, and the outer handle surface extends longitudinally along the bottom section of 104 since they are longitudinally adjacent to each other) between the distal end and the proximal end of the handle segment and that extends radially about the handle segment (extends radially about 110); wherein the outer handle surface is sized and positioned to provide a suitable surface for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a suitable surface for grasping between a palm and fingers, e.g. held between the palm and the fingers which can roll the handle against the palm); and wherein the outer handle surface is visually and physically unobstructed by other components of the articulated arm (at least from above and from the sides, and the spacing away from 104 below means even the lower portion of the outer handle surface is unobstructed).
As to claim 16, Farley discloses the retractor system of claim 14, wherein: the handle segment comprises an elongated member (110) between the proximal end and the distal end of the handle segment, FIG. 2; and the outer handle surface is integral with the elongated member (where the term integral is commonly understood to mean necessary as part of a whole; the outer handle surface and the elongated member are integral to each other as part of the whole apparatus).
As to claim 17, Farley discloses the retractor system of claim 14, wherein: the handle segment comprises an elongated member (110) between the proximal end and the distal end of the handle segment, FIG. 2; the elongated member has a first circumference; and the outer handle surface has a second circumference that is greater than the first circumference (since 112 extends around the elongated member 110).
As to claim 18, Farley discloses the retractor system of claim 14, wherein a longitudinal axis of the outer handle surface is parallel to a longitudinal axis of the handle segment (a longitudinal axis taken along a sidewall of the outer handle surface is parallel to a longitudinal axis through a center of the handle segment at 110, or a longitudinal axis taken through a center of 112 is parallel to a longitudinal axis at bottom section of 104).
As to claim 19, Farley discloses the retractor system of claim 14, wherein a longitudinal axis of the outer handle surface is co-axial with a longitudinal axis of the handle segment (axes through center of 112 and center of 110).
As to claim 21, Farley discloses the retractor system of claim 14, wherein the distal end of the handle segment is affixed to the retractor connector such that a longitudinal axis of the handle segment and a longitudinal axis of the retractor connector form a fixed obtuse angle (in the position in FIG. 4 when a distal end of the blade moves away from the handle segment by the retractor connector pivoting clockwise about pin 122, col. 5 / lines 3-7, the longitudinal axes of the handle segment and the retractor connector form a fixed obtuse angle).
Although Farley discloses that the arm segment (102) is configured to be attached to a stationary device (col. 4 / lines 28-30), Farley is silent as to a mounting assembly comprising a post and a bed mount; the articulated arm comprising a plurality of arm segments; wherein a proximal end of the plurality of arm segments is coupled to the post.
Menendez teaches a retractor system, comprising: a mounting assembly comprising a post (22) and a bed mount (20), FIG. 3; an articulated arm comprising a plurality of arm segments (e.g. 70 and 80), a retractor connector (4000), and a handle segment (88); and a retractor blade attached to the retractor connector; wherein a proximal end of the plurality of arm segments is coupled to the post; wherein a proximal end of the handle segment is coupled to a distal end of the plurality of arm segments; wherein a distal end of the handle segment is coupled to the retractor connector.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in Farley’s system a mounting assembly comprising a post and a bed mount, as taught by Menendez, so that the articulated arm with attached retractor blade can be attached to a stationary device such as a bed, so that the practitioner need not manually hold the retractor blade and can have both hands free. Farley contemplates attaching the arm segment (102) to a stationary device. It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of arm segments connected to each other by joints, as taught by Menendez, wherein a proximal end of the plurality of arm segments is coupled to the post, to provide greater degrees of freedom of the retractor blade so that the retractor blade can be optimally oriented based on the patient position relative to the bed and relative to other retractor blades and the surgical site. The arm segment disclosed in Farley would comprise the distal-most arm segment (distal end of the plurality of arm segments), which is coupled to a proximal end of the handle segment disclosed in Farley, and would be proximally attached to the rest of the arm segments in articulatable, sequential fashion, where the proximal end of the plurality of arm segments is coupled to the post to support the entire articulated arm.
As to claim 20, Farley discloses the retractor system of claim 14, wherein: the retractor blade comprises an attachment post (132); the retractor connector comprises an attachment port (131) configured to receive the attachment post of the retractor blade (col. 5 / lines 28-29), FIG. 6.
Farley is silent as to the retractor connector permits rotation of the retractor blade about a longitudinal axis of the attachment post when coupled to the retractor connector.
In another embodiment, Farley teaches a retractor blade (1708), FIG. 17, comprising an attachment post (1732) comprising an additional annular groove (1742), that when engaged by the retractor connector, permits rotation of the retractor blade about a longitudinal axis of the attachment post when coupled to the retractor connector (col. 9 / lines 29-36).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Farley’s attachment post to have an additional annular groove so that the retractor blade can be coupled to the retractor connector in either a non-rotating configuration (groove 1740 engaged by the retractor connector) or a rotating configuration (groove 1742 engaged by the retractor connector), to provide flexibility to the system so that, depending on the particular surgical site, the same blade can be coupled to the retractor connector in either a fixed orientation or a rotating configuration, thereby providing multiple uses with the same number of system parts.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Farley in view of Menendez (hereinafter, “Farley/Menendez”), as applied to claims 14 and 16-21 above, and further in view of Putrino.
As to claim 15, Farley/Menendez disclose wherein: the handle segment (Farley, 104) comprises an elongated member (110) between the proximal end and the distal end of the handle segment, but are silent as to material molded over the elongated member provides the outer handle surface.
Putrino teaches that a texture for better handling and to aid a user in gripping a surface is provided as a surface molded with a material of adequate roughness (col. 8 / lines 51-56).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the texture on Farley’s outer handle surface (texture at 113) as a surface molded with a material of adequate roughness, since Putrino teaches that this provides a texture for better handling and to aid a user in gripping a surface, as required by Farley for gripping and manipulating the handle. Then, the outer handle surface would comprise molded material over the outer surface of nut 112, which material is molded over the elongated member (Farley, at 110) since it is molded over the nut 112 and the nut 112 surrounds and thus has surfaces that are over and around the elongated member. The molded material provides the outer handle surface by providing the texture. In another interpretation, Farley discloses a handle comprising only the molded material, i.e. the surface of adequate roughness as taught by Putrino, and the rest of the body of the nut 112 is the elongated member over which the handle material is molded.
Conclusion
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775