DETAILED ACTION
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.
Claim(s) 1, 5-6, 8-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hood et al. (US 5318570).
Regarding claims 1 and 15, Hood et al. disclose a bone cement extractor for extracting cement from a bone cavity including: a quick release connector or a connection body 54 having a quick connect 64 for connecting a handpiece or working tool (Fig. 5); and a segmented assembly including a plurality of extenders 46 (col. 11, lines 5-13); a first extender or inner segment closer to the connection body is attachable to a distal end of the connection body 52 by means of an inner threaded portion 54 engaging threaded portion 58 (Fig. 8) and a second or outer segment slidably connectable to the inner segment by an inner threaded portion 64 engaging the threaded portion 52 of the inner segment (col. 10, lines 8-68, cols. 11-12, col. 13, lines 1-4, col. 37, lines 24-68, col. 38 and col. 39, lines 1-11). For the embodiment of a plurality of extenders the connection mechanism between 46 and 43 will repeat. See marked up Fig. 5 on the following page. Regarding the recitation “the inner segment and the outer segment are axially movable relative to each other between an extended connected position and a contracted connected position” the inner and the outer segment are axially movable relative to each other between an extended connected position or partially engaged position and a contracted connected position or fully engaged position (Fig. 7).
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Regarding claim 5, the segmented assembly includes a plurality of extenders wherein the length and number of extenders depends on the intended use, the plurality of extenders defining a plurality of inner segments, and a plurality of outer segments arranged in alternating fashion with the plurality of inner segments (col. 11, lines 5-13).
Regarding claim 6, Hood et al. disclose a tool bit or cap 44 connectable to a distal end of a distalmost inner segment.
Regarding claim 8, the inner segment has a substantially tubular body and the outer segment has a substantially cylindrical or tubular body, and wherein the proximal end of the substantially tubular body of the outer segment includes a first radially inwardly extending lip defined by a crest of a thread, and the distal end of the substantially tubular body of the outer segment includes a second radially inwardly extending lip defined by a crest of a thread ((Fig. 8).
Regarding claim 9, the outer segment includes a first annular recess defined by the root of a thread turn and a second annular recess or root of an adjacent turn spaced from the first annular recess (Fig. 8).
Regarding claim 10, the outer segment further comprises a first countersink defined by a step formed about an inner edge of its proximal end, and a second countersink defined by a step formed about an inner edge of its distal end (Fig. 8).
Regarding claim 11, the outer segment includes a radially outwardly extending rib defined by a crest of a thread turn (Fig. 8).
Response to Arguments
Applicant's arguments have been fully considered by the Examiner.
Applicant’s arguments with respect to the rejections under 35 USC 102(a)(1) over Hood et al. are not persuasive because Hood et al. disclose the outer segment and the inner segment to be axially movable relative to one another from a partially engaged (or extended connected position) to a fully engaged (or contracted connected position) (Fig. 8).
Allowable Subject Matter
Claims 4, 7, 12-14 and 16 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
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 Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm.
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March 3, 2026
/Anu Ramana/Primary Examiner, Art Unit 3775