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 .
Claim Objections
Claim 2 is objected to because of the following informalities: improper English in the phrase, “insulated wiring to so”. Appropriate correction is required.
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 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tu (U.S. Patent No. 5980515 A).
Regarding independent claim 1, Tu discloses a surgical instrument in the form of a hollow tube (1) (Col. 5, lines 57-60 & Fig. 1), having a sharp or cutting or serrated or jagged edge (22) along the a perimeter of a tip (18) of the surgical instrument, to be used to break down or cut or advance into body tissues during surgical procedures (Col. 6, lines 53-60; Col. 7, lines 1-6 & Figs. 6-7).
Regarding claim 2, Tu discloses wherein the tube can accommodate insulated wiring (i.e., wire (13) with insulative material (14)) to so that an electro-cautery current can be applied to the tip (i.e., to a hole saw electrode 20) (Col. 6, lines 2-5 and lines 32-33 & Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eggers (US 6277083 B1) teaches an instrument with sharp distal end, and a handle with a locking assembly to removably detach a longitudinal shaft.
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/A.V.G./Examiner, Art Unit 3794
/Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794