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 .
Election/Restrictions
Applicant’s election without traverse of Group I (device claims) and Species A (Figs. 1-8) in the reply filed on November 11, 2025 is acknowledged.
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 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zerfas (US 7234677).
Claim 1, Zerfas discloses a device (Figs. 2-6) for use by an end user, before or during a medical procedure on a patient, capable of bending a probe of a depth gauge after the depth gauge is removed from sterile packaging, the device comprising: a first member (Fig. 2; 34) having a free end (35), a length (free end to the bend 26), and a width ( side to side), with the length of the first member being greater than the width of the first member (Figs. 2); a second member (30) having a free end (58), a length (free end to the bend), and a width (side to side), with the length of the second member being greater than the width of the second member (Figs. 2-6), the first and second members disposed opposite each other with space between the first and second members (Fig. 2), the space capable of receiving at least a portion of the probe of the depth gauge (Fig. 1); and a connector portion (Fig. 2; 26) disposed opposite the free ends of the first and second members to connect the first and second members (Fig. 2), the connector portion defines an aperture (Fig. 2; 36) through which the portion of the probe of the depth gauge can pass to occupy at least a portion of the space (Fig. 2) configured to allow the first and second members to move to increase or decrease the space between the first and second members (Figs. 2-6; cols. 3-5), a bend capable of being created in the probe at a location along a length of the portion of the probe received within the space when the end user causes the first and second members to move and decrease the space (Figs. 2-6; cols. 3-5).
Claim 3, Zerfas discloses the device of claim 1 wherein the first member, second member, and connector portion are formed as a single piece by injection molding (col. 4, lines 63-65).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerfas (US 7234677), in view of Ramos et al. (US 2014/0060655; “Ramos”).
Claim 4, Zerfas discloses the device of claim 1.
However, Zerfas does not disclose if the device comprises a thermoplastic material, so even though it is most likely thermoplastic, it could be thermoset plastic.
Ramos teaches a similar clamp device that uses thermoplastic (paragraph [0022]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the device of Zerfas out of thermoplastic, as taught by Ramos, so that it the device is able to resiliently bend (paragraph [0022]).
Response to Arguments
Applicant's arguments filed July 2, 2026 have been fully considered but they are not persuasive. The arguments just restate the limitations of the claims without giving any extra reasoning. The amended portion of claim 1 is taught as noted in the office action above.
Conclusion
Applicant's amendment necessitated any 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 Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Zade Coley/Primary Examiner, Art Unit 3775
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