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 with traverse of species 2 : figs 11a, 11b in the reply filed on 2/2/26 is acknowledged. The traversal is on the ground(s) that “The species are not mutually exclusive, as they are not contradictory to each other. Indeed, in all the drawings, the device includes components that appear to have the same structure and function.”
This is not found persuasive because the claims teach two or more drill insertion tunnels each sized and fitted to receive a cannula and the only species that teaches two or more drill insertion tunnels 138 is species 2 of figs 11a, b. on the other hand the other species 1, 3-7 of figures 1, 12-16 only teach a single drill insertion tunnel 138.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-7, 12, 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
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)(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.
Claim(s) 1, 8, 10-11, 15, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reay-Young (US 20060271059 A1).
Reay-Young discloses a multiple angle bone drill guiding device fig. 7, comprising: a drill entry part 32 comprising two or more drill insertion tunnels each sized and fitted to receive a cannula (22, 24); at least one cannula 22 each having a distal end portion and a cannula tip and sized to receive a bone drill 22; a drill exit part 28 comprising a fixation tip portion comprising a fixation tip 33; and a coupling that rigidly couples said drill entry part and said drill exit part, wherein said coupling comprises: a plurality of stations 27; and a stopper 25, wherein said stopper 25 is slidable relative to said stations 27, to a selected one of a plurality of lockable positions and wherein at said selected lockable position said stopper is rotatable (tightening, para 27) to lock said drill entry part and said drill exit part in said desired lockable position relative to each other, wherein said cannula 22 distal end portion has a longitudinal axis and wherein said fixation tip 33 has a longitudinal axis and wherein, when said drill entry part and said drill exit part are rigidly coupled fig. 7, said longitudinal axis of each said distal end portion of said at least one cannula and said longitudinal axis of said fixation tip portion are arranged on a single mutual axis extending from said cannula tip to said fixation tip fig. 7, wherein each of said two or more drill insertion tunnels is configured to accommodate one of said at least one cannula at a respective angle relative to said single mutual axis fig. 7, wherein said at least one cannula includes a first cannula 22 having a longitudinal axis that lies along said single mutual axis fig. 7, wherein said coupling includes a ratchet-type coupling 25, 27; wherein one of said drill entry part includes a surface 26 extending longitudinally along an interior portion of said drill exit part; wherein said stopper 25 is slidable relative to said stations 27, along said surface 26 to a selected one of a plurality of lockable positions fig. 7.
Allowable Subject Matter
Claims 9, 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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