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 .
Information Disclosure Statement
The information disclosure statement filed 3/13/24 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 9, and 16 recite “a housing including an elongated tube extending therefrom.” This would appear to be contradictory, as the tube is either part of (included in) the housing, or it extends from the housing, but it cannot be both. For the purposes of examination, the tube is being interpreted as “extending from” the housing.
Claim 8 recites “about 59.deg., about 68.deg. or about 76.deg.” The term “about” is not defined in the claim or the specification, leaving uncertainty as to the ranges of angles covered by the claim.
Allowable Subject Matter
The closest prior art of record, Koltz et al. [US 2013/0245704 A1, hereinafter “Koltz”], discloses a surgical device with a housing, collet, and a gear assembly, and motor, and wherein the tool may operate in an oscillation or rotation mode [Par. 0042]. Specifically:
Koltz discloses a surgical device [20, Figs. 2A, 2B, 3A-D] for cutting or shaving bone or hard tissue [Par. 0003], comprising:
an outer housing [116] having a collet [110] secured to an inner peripheral surface thereof [Fig. 3A] including a series of apertures defined about a circumference therein [Annotated Fig. 4A];
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a housing [40] including [see 112(b), above] an elongated tube [114, Par. 0050] extending therefrom [the tube extends from housing 40, see e.g. Fig. 3b], the elongated tube configured to support a surgical tool at a distal end thereof [30, Fig. 1, Par. 0060];
a gear assembly [82, including 400, 402, and 404] disposed within the housing [Fig. 1] and configured to drive the surgical tool [Par. 0088], the gear assembly including to switch the gear assembly between an oscillation mode and a rotation mode for driving the surgical tool [Par. 0042]; and
a motor [80] operably coupled to the gear assembly [Par. 0088], such that, upon activation thereof, the motor at least one of oscillates or rotates the surgical tool [Par. 0042]
Koltz fails to disclose the drive gear housing selectively movable within the housing, and the motor oscillating or rotating depending on the position of the drive gear housing within the housing, as claimed in independent claims 1, 9, and 16. There is no obvious teaching or suggestion to modify Koltz in this manner. Therefore, Claims 1-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-F 9 am to 5 pm ET.
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/ERIN MCGRATH/ Primary Examiner, Art Unit 3771
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