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 in the reply filed on January 12th, 2026 is acknowledged.
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 12th, 2026.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the currently filed drawings provided on January 25th, 2024 are not black and white line drawings. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vikinsky et al. (US 2018/0132920).
Regarding claim 1, Vikinsky et al. disclose a guidewire-capturing instrument, comprising a handle (14, figures 1A-2) comprising a central aperture (20) extending in an axial direction therethrough (figure 2), wherein the central aperture is centered about a central axis extending in the axial direction (figure 2); a wire housing (26) having a wire aperture (figure 2) extending in the axial direction therethrough, the wire aperture being sized and shaped to receive a guidewire (24); the wire housing at least partially contained within the central aperture and selectively movable in the axial direction within the central aperture from a first position to a second position (¶37-38, ¶40-42); and a clutch (28 “set screw” ¶33) connected to the handle and selectively movable between an engaged position (“locked in place” ¶33) and a disengaged position (prior to being “locked in place” ¶33), the engaged position corresponding to a threaded engagement between the wire housing and the clutch (¶33), and the disengaged position corresponding to free axial movement of the wire housing within the central aperture between the first position and the second position (¶37-41). Regarding claim 2, Vikinsky et al. disclose a collar (34) at least partially contained within the central aperture (figures 1A-2), the collar extending circumferentially around at least a portion of the wire housing (figure 2), and the collar being rotationally coupled to the wire housing such that rotation of the collar about the central axis corresponds with rotation of the wire housing about the central axis (¶38). Regarding claim 3, Vikinsky et al. disclose the collar limits axial movement of the wire housing to define the first position and the second position (¶37, ¶39-41). Regarding claim 4, Vikinsky et al. disclose the collar comprises a slot (opening that houses 32) extending in the axial direction with an abutment (abutment occurs where parts 32 and 34 engage/disengage with rotation in the first direction) between the wire housing and a first end of the slot defining the first position and an abutment (abutment occurs where parts 32 and 34 engage/disengage with rotation in the second direction) between the wire housing and a second end of the slot defining the second position (¶39-41, figure 2). Regarding claim 5, Vikinsky et al. disclose a surface (outside surface of 34)of an end of the collar is sized and shaped to support engagement with a wrench (the surface is capable due to it’s textured, undulating surface).
Regarding claim 8, Vikinsky et al. disclose the wire aperture is sized and shaped to receive a k-wire (24, figure 2, ¶33).
Claims 1 and 6-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Foley et al. (US 2024/0090932). Regarding claim 1, Foley et al. disclose a guidewire-capturing instrument, comprising a handle (20, figure 4) comprising a central aperture (23) extending in an axial direction therethrough (figure 4), wherein the central aperture is centered about a central axis extending in the axial direction (figure 4); a wire housing (29, figure 5A) having a wire aperture (34) extending in the axial direction therethrough, the wire aperture being sized and shaped to receive a guidewire (75); the wire housing at least partially contained within the central aperture and selectively movable in the axial direction (via 24 and 30) within the central aperture from a first position to a second position (¶24); and a clutch (35) connected to the handle and selectively movable between an engaged position (“locked” ¶22) and a disengaged position (“unlock” ¶22), the engaged position corresponding to a threaded engagement between the wire housing and the clutch (¶21), and the disengaged position corresponding to free axial movement of the wire housing within the central aperture between the first position and the second position (¶22). Regarding claim 6, Foley et al. disclose a driver housing (9, figure 4) at least partially contained within the central aperture (figure 4) and having a driver aperture (figure 4) extending in the axial direction therethrough, the driver aperture being centered about the central axis and being sized and shaped to receive an end of a pedicle screwdriver (if one so chooses), wherein the driver housing is rotationally coupled to the handle (¶20), and rotation of the handle about the central axis corresponds to rotation of the driver housing about the central axis; and the driver aperture and the wire aperture combine to form a continuous open channel extending the length of the guidewire capturing instrument (figure 4). Regarding claim 7, Foley et al. disclose a lock (27) incorporated into the wire housing and passing at least partially through the wire aperture, the lock positioned to selectively resist axial movement of the guidewire in the axial direction and rotation of the guidewire about the central axis (¶21-22).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619