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 Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-8, 10-11, 14 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suddaby (US 6224604), cited previously.
Regarding claim 1, Suddaby discloses an intervertebral preparation tool comprising: a cutting head 20 which comprises a carrier element 10 (Fig 1, distal end of shaft 10, column 3 lines 21-23) and at least one movable blade 20 which is held by at least three pivotable levers 22A-D (Figs. 2-4, 7A-B), wherein the levers 22A-D are each designed in comprise a rigid manner configuration (Column 3 lines 21-31); and an actuation rod 16, wherein a first 22a and a second lever 22b are each articulated at a first articulation point 24 on the blade 20 (Fig. 2, column 3 lines 23-24, The radially outer ends of the four links are pinned to the cutters) and at a distanced second articulation point (area of point 30 in Fig. 1-2) on the carrier element of the cutting head (Fig. 1-2, column 3 lines 42-43, coupling being connected to the uppermost link pin connection), wherein a third lever 22c is articulated at a first articulation point on the blade and at a distanced second articulation point on the actuation rod which is displaceable relative to the carrier element (Figs. 1-2, column 3 lines 23-31, The radially outer ends of the four links are pinned to the cutters. The inner end of the bottom-most links 22d are pinned to the shaft near its distal end. The radially inward ends of the middle two links 22b and 22c are pinned to a sliding collar 24 or the like. The radially inward ends of the upper links 22a are pinned to the distal end of the sleeve), and wherein the articulation points are designed configured as pivot joints with pivot axes which are parallel to one another (Figs. 1-2, column3 lines 30-31, Each of the pin connections permits hinging movement of the links).
Regarding claim 2, Suddaby discloses wherein the cutting head 20 comprises two movable blades which are each held by the three pivotable levers 22A-C (Figs. 2-4), wherein the levers are each configured rigidly, wherein a first and a second lever are each articulated at a first articulation point on the associated blade and at a distanced second articulation point on the carrier element, wherein a third lever is articulated at a first articulation point on the associated blade and at a distanced second articulation point on the actuation rod 16 which is displaceable relative to the carrier element, and wherein the articulation points are configured as pivot joints with pivot axes which are parallel to one another (Figs. 1-4, column 3 lines 23-31, The radially outer ends of the four links are pinned to the cutters. The inner end of the bottom-most links 22d are pinned to the shaft near its distal end. The radially inward ends of the middle two links 22b and 22c are pinned to a sliding collar 24 or the like. The radially inward ends of the upper links 22a are pinned to the distal end of the sleeve).
Regarding claim 3, Suddaby discloses the two blades 20 are arranged at opposite sides of a longitudinal axis of the cutting head (Figs. 1, 7a-b).
Regarding claim 4, Suddaby discloses the second articulation point 30 of the three levers 22a-d for holding the blade 20 are distanced to one another in a direction transverse to the pivot axes (Figs. 1-2).
Regarding claim 5, Suddaby discloses the cutting head the first lever 22d forms a distal-side lever and the third lever 22a a proximal-side lever and the second lever 22b-c is arranged between the first 22d and the third lever 22a (Fig. 2)
Regarding claim 6, Suddaby discloses on the blade 20 the first articulation points 24 of the first 22d and the second lever 22b-c and preferably the first articulation points of the first 22d, the second 22b-c and the third lever 22a are distanced to one another in a direction transverse to the pivot axes (Figs 1-2).
Regarding claim 7, Suddaby discloses the levers and their articulation points are situated and dimensioned such that byway of pivoting the levers about their second articulation points the associated blade is movable from a first position which is close to the carrier element (Fig. 1, column 2 lines 64-65, a vertical plane of a drill embodying the invention, with its cutters shown retracted;) into at least one second position which is distanced further to the carrier element (Fig. 2, column 2 lines 66-67, the cutters expanded;).
Regarding claim 8, Suddaby discloses the first and the second levers are articulated such that for moving the connected blade the first and the second levers both pivot in the same direction (Figs. 1-2, column 2 lines 65-67, a drill embodying the invention, with its cutters shown retracted; showing the cutters expand).
Regarding claim 10, Suddaby discloses the first 22d and the second lever 22 b-c, which are articulated on the blade have the same length between their first and second articulation points (Figs. 1-2).
Regarding claim 11, Suddaby discloses the second 22b-c, and the third lever 22a which are articulated on the blade have the same length between their first and second articulation points (Figs. 1-2).
Regarding claim 14, Suddaby discloses further comprising an instrument shank 16 wherein concerning which the cutting head is situated at a distal end of the instrument shank and the actuation rod 16 is displaceably guided in the longitudinal direction of the instrument shank on or in the instrument shank (Figs. 1-2, column 3 lines 17-21, The shaft is surrounded by a sleeve, which can move lengthwise with respect to the shaft).
Regarding claim 17, Suddaby discloses at least an outer side of the blade in at least one position extends at an angle to a longitudinal axis of the cutting head (Figs. 7a-b, column 3 lines 9-10, column 4 lines 8-13, variations of the invention in which the drill is adapted to drill tapered holes; the distal pair of links are shorter than the proximal links, which maintain the cutter edges at an angle that produces a tapered hole that is smaller at its bottom (FIG. 9). In FIG. 7b, the shorter links are the proximal ones, producing a hole which is larger at its bottom).
Regarding claim 18, Suddaby discloses the cutting head is arranged at the distal end of the instrument shank 16 and a handle 14 is arranged at the proximal end of the instrument shank, said handle 14 comprising an actuation device which is coupled to the actuation rod 10 for displacement thereof (Figs. 1-2, Column 3 lines 17-24, An orthopedic drill embodying the invention comprises a shaft 10 having a square proximal end 12 upon which a T-handle 14 is mounted. The shaft is surrounded by a sleeve 16, which can move lengthwise with respect to the shaft. The shaft has helical threads 18 at its middle).
Regarding claim19, Suddaby discloses at least a portion of the articulation rod 16 is located at a position radially inward of the carrier element 10 with respect to a longitudinal axis of the carrier element (Figs. 1-2, column 3 lines 19-21, The shaft is surrounded by a sleeve, which can move lengthwise with respect to the shaft).
Regarding claim 20, Suddaby discloses the first lever comprises a first lever end 22a portion and the second lever comprises a second lever end portion 22b (Fig. 2, column 3 lines 23-30, The radially outer ends of the four links are pinned to the cutters. The radially inward ends of the middle two links 22b and 22c are pinned to a sliding collar 24 or the like. The radially inward ends of the upper links 22a are pinned to the distal end of the sleeve), each of the first lever end portion and the second lever end portion being located adjacent to a portion of the carrier element 10 (Fig. 1-2, distal end of shaft 10, column 3 lines 21-23).
Allowable Subject Matter
Claims 9, 12-13, 15-16 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.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive. Examiner does still find that Suddaby discloses a first 22a and a second lever 22b are each articulated at a first articulation point 24 on the blade 20 (Fig. 2, column 3 lines 23-24, The radially outer ends of the four links are pinned to the cutters) and at a distanced second articulation point (area of point 30 in Fig. 1-2) on the carrier element of the cutting head (Fig. 1-2, column 3 lines 42-43, coupling being connected to the uppermost link pin connection), wherein a third lever 22c is articulated at a first articulation point on the blade and at a distanced second articulation point on the actuation rod which is displaceable relative to the carrier element (Figs. 1-2, column 3 lines 23-31, The radially outer ends of the four links are pinned to the cutters. The inner end of the bottom-most links 22d are pinned to the shaft near its distal end. The radially inward ends of the middle two links 22b and 22c are pinned to a sliding collar 24 or the like. The radially inward ends of the upper links 22a are pinned to the distal end of the sleeve).
Conclusion
THIS ACTION IS MADE FINAL. 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 JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796