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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 17 June 2026. As directed by the amendment: claims 1-3, 5, 6, 8-10, 14, and 21-23 have been amended, claims 4 and 13 are cancelled, and claim 24 is newly added. Claims 1-3, 5-12, and 14-24 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The amendments to the claims are sufficient to overcome the previous claim objections, which are accordingly withdrawn.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 claim amendments 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to the claims are sufficient to overcome the previous rejections under 35 U.S.C. 112(b), which are accordingly withdrawn.
Response to Arguments
Applicant’s arguments, filed 17 June 2026, with respect to the rejections under 35 U.S.C. 102(a)(1) as anticipated by Farley et al. (US 8,360,971), 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.
Applicant's arguments with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1)/(2) as anticipated by Meier et al. (US 4,143,652) have been fully considered but they are not persuasive. Applicant contends that the Meier clamp head 14 lacks an adjustable pivot configured to couple a distal portion of the connector body of the clamp head to a proximal portion of the connector head of the clamp head, and configured to adjust an angle between a connector body and a connector head. Examiner respectfully submits that Meier discloses an adjustable pivot (ball-and-socket joint between 25 and 21) (col. 4 / line 66 – col. 5 / line 7) between and configured to couple a distal portion of the connector body (25) of the clamp head to a proximal portion of the connector head (21 and 14) of the clamp head, and configured to adjust an angle between a connector body and a connector head, FIG. 1.
Applicant's arguments with respect to the rejection of claim 14 under 35 U.S.C. 102(a)(1)/(2) as anticipated by Meier have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 2 is objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
Claim 2 / line 6: “the handle segment distal end and”
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, 7-12, 22, and 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) comprising a connector body (25), a connector head (21 and 14), and an adjustable pivot (ball-and-socket joint between 25 and 21) (col. 4 / line 66 – col. 5 / line 7), FIG. 1, wherein the adjustable pivot is configured to couple a distal portion of the connector body to a proximal portion of the connector head, FIG. 1, and to adjust an angle between the connector body and the connector head, and wherein the connector head is configured to engage and retain a retractor blade (11) (col. 4 / lines 20-51) (the limitations regarding the retractor blade are interpreted as language of intended use without positive recitation of the retractor blade), 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 connector body (proximal end of 25); and wherein the handle segment provides an outer surface (outer surface of 26) 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) and that is configured to provide a surface for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a 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).
As to claim 3, Meier discloses the articulated arm of claim 1, wherein: the handle segment (26) comprises an elongated monolithic member (rod 26) that extends longitudinally between the handle segment distal end and the handle segment proximal end; the surface for grasping is integral with an outer surface of the elongated monolithic member (since the surface for grasping is the outer surface of the elongated monolithic member), FIG. 1; and the outer surface of the elongated monolithic member provides a continuous surface around a circumference of the handle segment (since the outer surface extends continuously around the handle segment in order to be its outer surface).
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; the handle has a second circumference that is greater than the first circumference, FIGS. 1 and 4; and the handle provides a continuous outer surface around the elongated member (the handle provides a continuous outer surface around the elongated member where the handle is located).
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 the 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 the connector head (21 and 14) of the retractor connector comprises an attachment port (39) configured to receive an attachment post (13) of the retractor blade (col. 4 / lines 21-23) (the limitations regarding the retractor blade, including the attachment post, are interpreted as language of intended use without positive recitation of the retractor blade), FIG. 3.
As to claim 10, Meier discloses the articulated arm of claim 9, wherein: the connector head of the retractor connector engages an annular groove of the attachment post when the attachment post is received by the attachment port (the limitations regarding the retractor blade, including the attachment post, are interpreted as language of intended use without positive recitation of the retractor blade; the connector head is fully capable of engaging an annular groove of the attachment post when the attachment post is received by the attachment post, e.g. when the sleeve 41 is displaced, it is fully capable of engaging an annular groove of the attachment post); and engagement of the annular groove by the connector head prevents withdraw of the attachment post from the attachment port (interpreted as language of intended use, as above).
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 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 for grasping provides a widest portion of the handle segment (where the handle segment comprises rod 26 which has a surface for grasping that provides the widest portion of the handle segment since the rod itself has a constant diameter).
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.
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Meier in view of U.S. Patent Application Publication No. US 2003/0086749 to Oliver et al. (hereinafter, “Oliver”) and U.S. Patent No. US 10,357,271 to Gitman.
As to claim 2, Meier discloses wherein: the handle segment (26) comprises: an elongated member that extends longitudinally between the handle segment proximal end and the handle segment distal end; but is silent as to a molded material that extends laterally between the handle segment proximal end and the handle segment distal and that encircles an outer surface of the elongated member; and the molded material over the elongated member provides the surface for grasping.
As to claim 6, Meier is silent as to wherein the handle comprises depressions in the surface for grasping that are arranged to align with the fingers of the person's hand when grasped.
Oliver teaches that a surgical arm is maneuvered to its desired position by gripping the arm along its length to move the arm into position (par. [0122]), FIG. 5.
Gitman teaches a handle segment that comprises an elongated member (11) and a molded material (16 or 14) that encircles an outer surface of the elongated member (col. 4 / lines 29-59), FIGS. 1a and 3a; and the molded material over the elongated member provides a surface for grasping. Gitman teaches a handle (16 or 14) radially about a longitudinal axis of the elongated member, the handle has a circumference greater than a circumference of the elongated member, the handle provides a continuous outer surface; wherein the handle comprises depressions (15) in the surface for grasping that are arranged to align with the fingers of the person's hand when grasped (col. 4 / lines 29-39).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to maneuver the handle segment in Meier to its desired position by gripping the arm along its length to move the arm into position, as taught by Oliver. Manually manipulating the position of the handle segment would allow quick and accurate positioning of the retractor blade in the target tissue based on the surgeon’s preference. Then, as taught by Gitman, an elongated member that is manually manipulated is provided with a molded material that extends laterally between the ends of the handle segment and that encircles an outer surface of the elongated member, the molded material providing the surface for grasping including depressions for accommodating the user’s fingers, therefore providing a more ergonomic fit and preventing slipping during manual maneuvering. Providing a secure grip prevents damage to patient tissue from accidental loss of control of the handle segment and retractor blade. The handle segment in Meier would be provided with a molded material forming an outer handle surface around the elongated member of the handle segment. Since the material forming the outer handle surface surrounds the elongated member, it has a greater circumference than the elongated member.
Claims 14, 16, 18-21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. US 6,315,718 to Sharratt in view of U.S. Patent No. 4,143,652 to Meier et al. (hereinafter, “Meier”).
As to claim 14, Sharratt discloses a retractor system, FIG. 1, comprising: a mounting assembly comprising a post (11; a sturdy upright piece of material) and a bed mount (38) (col. 3 / lines 38-45); an arm (12), a retractor connector (54), and a handle segment (14); and a retractor blade (16, 18, 20) attached to the retractor connector (col. 4 / lines 15-18), FIG. 2; wherein a proximal end of the arm is coupled to the post (col. 3 / lines 51-52), FIG. 1; wherein a proximal end of the handle segment is coupled to a distal end of the arm (col. 3 / lines 58-60), FIG. 1; wherein a distal end of the handle segment is coupled to a proximal end of the retractor connector (col. 4 / lines 9-11) at a fixed, non-adjustable angle (the handle segment 14 is threaded into the retractor connector 54 at a fixed, non-adjustable angle), FIG. 2; wherein the handle segment comprises an outer handle surface (outer surface of 14) 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 (since the outer surface of 14 extends radially about an internal body portion of the handle segment 14, or radially about the handle segment itself since the outer surface is an outer radial surface); wherein the outer handle surface is sized and positioned to provide a surface for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a 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, Sharratt discloses the retractor system of claim 14, wherein: the handle segment (14) comprises an elongated member (the elongated rod 14 itself) between the proximal end and the distal end of the handle segment; and the outer handle surface is integral with the elongated member (since the outer handle surface is the outer surface of 14).
As to claim 18, Sharratt discloses the retractor system of claim 14, wherein a longitudinal axis of the outer handle surface (axis taken along a longitudinal side of the outer handle surface) is parallel to a longitudinal axis of the handle segment (axis taken along a center of the handle segment).
As to claim 19, Sharratt 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 (both axes taken along a center of the outer handle surface/handle segment).
As to claim 20, Sharratt discloses the retractor system of claim 14, wherein: the retractor blade comprises an attachment post (16); the retractor connector comprises an attachment port (68) configured to receive the attachment post of the retractor blade (col. 4 / lines 15-18), FIG. 2; and the retractor connector permits rotation of the retractor blade about a longitudinal axis of the attachment post (internal component 112 of 16 of the blade rotates about a longitudinal axis of the attachment post, with such rotation permitted by or not prevented by the retractor connector) when coupled to the retractor connector (col. 5 / lines 3-16), FIG. 3.
As to claim 21, Sharratt discloses the retractor system of claim 14, wherein the distal end of the handle segment comprises a cylindrical post affixed to a cylindrical port of the retractor connector (col. 4 / lines 9-11), FIG. 2, such that a longitudinal axis of the handle segment (axis along 14) and a longitudinal axis of the retractor connector (axis of 54 taken along bottom of L-shape) form a fixed, non-adjustable obtuse angle (since the angle of generally L-shaped 54 is fixed and non-adjustable), FIG. 1.
As to claim 24, Sharratt discloses the retractor system of claim 14, wherein the fixed, non-adjustable angle positions a longitudinal axis of the handle segment (axis along 14) and a longitudinal axis of the retractor connector (axis of 54 taken along bottom of L-shape) such that, when the longitudinal axis of the retractor connector is positioned horizontally, the handle segment extends diagonally upward from the retractor connector and positions the handle segment distal end higher than a lower side of the retractor connector, FIG. 1.
Sharratt is silent as to the arm being an articulated arm comprising a plurality of arm segments, 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.
As to claim 14, Meier teaches 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 surface for grasping between a palm and fingers of a person's hand (interpreted as language of intended use; fully capable of providing a 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.
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 the arm in Sharratt to be an articulated arm comprising a plurality of arm segments, for example comprising at least one more arm segment that is articulated to the arm segment (12) shown in Sharratt, to provide increased positional adjustment of the retractor blade relative to the bed, therefore accommodating a wider range of patient positions and sizes. A proximal end of the plurality of arm segments would be coupled to the post (as shown in Sharratt where 12 couples to 11) and a proximal end of the handle segment would be coupled to a distal end of the plurality of arm segments (as shown in Sharratt where 14 couples to 12).
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over to Sharratt in view of Meier (hereinafter, “Sharratt/Meier”), as applied to claims 14, 16, 18-21, and 24 above, and further in view of U.S. Patent Application Publication No. US 2003/0086749 to Oliver et al. (hereinafter, “Oliver”) and U.S. Patent No. US 10,357,271 to Gitman.
As to claim 15, Sharratt/Meier disclose wherein: the handle segment (Sharratt, 14) comprises an elongated member 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.
As to claim 17, Sharratt/Meier disclose wherein: the handle segment (Sharratt, 14) comprises an elongated member between the proximal end and the distal end of the handle segment; the elongated member has a first circumference; but are silent as to the outer handle surface has a second circumference that is greater than the first circumference.
Oliver teaches that a surgical arm is maneuvered to its desired position by gripping the arm along its length to move the arm into position (par. [0122]), FIG. 5.
Gitman teaches a handle segment that comprises an elongated member (11) and an outer handle surface (16 or 14) that extends radially about the handle segment (col. 4 / lines 29-59), FIGS. 1a and 3a; the outer handle surface comprises a molded material and has a second circumference that is greater than the first circumference of the elongated member.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to maneuver the handle segment in Sharratt/Meier to its desired position by gripping the arm along its length to move the arm into position, as taught by Oliver. Manually manipulating the position of the handle segment would allow quick and accurate positioning of the retractor blade in the target tissue based on the surgeon’s preference. Then, as taught by Gitman, an elongated member that is manually manipulated is provided with an outer handle surface with indents for accommodating the user’s fingers, therefore providing a more ergonomic fit and preventing slipping during manual maneuvering. Providing a secure grip prevents damage to patient tissue from accidental loss of control of the handle segment and retractor blade. The handle segment in Sharratt/Meier would be provided with a molded material forming an outer handle surface around the elongated member of the handle segment. Since the material forming the outer handle surface surrounds the elongated member, it has a greater circumference than the elongated member. The claimed phrase “molded over” is being treated as a product by process limitation. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. MPEP 2113. The molded material forming the outer handle surface is molded and is over the elongated member since it surrounds the elongated member. Gitman teaches that the material is a molded material and that it may be attached to the elongated member in various ways such as welding, gluing, or crimping. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to mold the material over the elongated member to provide the outer handle surface, to ensure a precise fit.
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong, can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775
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