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 Invention I (claims 1-15) in the reply filed on 4/15/26 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/15/26.
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 5-6 and 14-15 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.
The term “about” in claims 5-6 and 14-15is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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) 1-5, 7-9 and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rodriguez et al (US Patent Pub. 20210100562A1).
Rodriguez recites an instrument for reaming bone. Specifically in regards to claim 1, Rodriguez recites an elongate body (22) having a proximal end (22B), a distal end (22C), and an inner throughbore (30) extending therebetween (Fig. 2, Para. [0071]-[0072]). An angled guide (26,26’) configured to slide axially onto the distal end (22C) of the elongate body (22), the angled guide (26,26’) defining a bearing surface (40) at a predetermined fixed angle relative to a centerline (A,BA, Fig. 4) of the elongate body (26,26’) (The reference recites wherein the block 26,26’ can be coupled to the housing by means of a twist-lock coupling.) (Fig. 4; and Para. [0077],[0080]). A drive shaft (24) configured to extend through the inner throughbore (30) of the elongate body (22), the drive shaft (24) having a proximal end (24B) configured to couple to a power source and a distal end (end with 24D, Fig. 3) configured to extend beyond the distal end of the elongate body (22)(Fig. 2-3; and Para. [0072],[0092]). A reamer head (28) pivotably coupled to the distal end of the drive shaft (24), the reamer head (28) having a distal-facing cutting surface (28B) configured to cut bone and a proximal-facing portion (28C) configured to bear against the bearing surface (40) of the angled guide (26,26’) to orient the reamer head (28) at the predetermined angle (Fig. 3-4; and Para. [0073], [0091]-[0092]).
In regards to claim 2, Rodriguez recites wherein the distal end (22C) of the elongate body (22) comprises a protrusion (36) extending radially from the distal end (22C); and wherein the angled guide (26) comprises a keyway (44) configured to engage the protrusion (36) to retain the angled guide (26) at a fixed rotational position relative to the elongate body (22) (Fig. 4; and Para. [0076],[0079]-[0080]).
In regards to claim 3, Rodriguez recites wherein the angled guide (26) comprises a body portion (38) having a first end (end with 44) configured to engage the distal end (22C) of the elongate body (22), a second end (end with 40) comprising the bearing surface (40), and a channel (42) formed between the first and second ends configured to receive the drive shaft (24) therethrough; and wherein a slot (angled portion of 42 adjacent 40 shown in Fig. 9 with reamer head bearing there against in dotted lines) is arranged in the body portion (38) parallel to the bearing surface (40), the slot being configured to retain the reamer head (28) at the predetermined angle (α)(Fig. 5-9; and Para. [0077]-[0081]).
In regards to claim 4, Rodriguez recites wherein the angled guide (26) is selected from a plurality of angled guides (26’,26) that each define a different predetermined angle (α) (Fig. 8-10; and Para. [0082]).
In regards to claim 5, Rodriguez recites wherein the reamer head (28) comprises a full-wedge reamer configuration, and the plurality of angled guides (26’,26) each define a predetermined angle within a range of about 0° to about 20° (Fig. 8-10; and Para. [0082]).
In regards to claim 7, Rodriguez recites wherein the drive shaft (24) is cannulated (24C) from the proximal end (24B) to the distal end (Fig. 2-3; and Para. [0074]).
In regards to claim 8, Rodriguez recites wherein the reamer head (28) comprises a shoulder stop (28B) configured to prevent the reamer head (28) from reaming more than a predetermined depth (As can be seen in Fig. 16, the reamer has a shoulder surface 28B that is similar to applicant’s shoulder surface 133 shown in Fig. 4B). (Fig. 16).
In regards to claim 9, Rodriguez recites a locking collar configured to releasably secure the drive shaft (24) at a position within the inner throughbore (30) of the elongate body (22) corresponding to the reamer head (28) being arranged at a desired position beyond the distal end (22C) of the elongate body (22) (Rodriguez recites that the shaft 24 coupled to an elongated reaming carrier 25 at a position within the passageway 30.) (Fig. 2; and Para. [0051],[0064],[0072],[0092]).
In regards to claim 11, Rodriguez recites an instrument kit for reaming bone. Specifically, Rodriguez recites an elongate body (22) having a proximal end (22B), a distal end (22C), and an inner throughbore (30) extending therebetween (Fig. 2, Para. [0071]-[0072]), wherein the distal end (22C) of the elongate body (22) comprises a protrusion (36) extending radially from the distal end (22C); and a plurality of angled guides (26,26’) that are each configured to engage the distal end (22C) of the elongate body (22), wherein each of the angled guides (26,26’) comprise a keyway (44) configured to protrusion (36) to retain a selected one of the angled guides (26,26’) at a fixed rotational position relative to the elongate body (22) (Fig. 4; and Para. [0076],[0079]-[0080]). Wherein each of the plurality of angled guides (26,26’) define a bearing surface (40) at a different predetermined angle (α) relative to a centerline (A,BA, Fig. 4) of the elongate body (26,26’) (The reference recites wherein the block 26,26’ can be coupled to the housing by means of a twist-lock coupling.) (Fig. 4 and 8-10; and Para. [0077],[0080],[0082]). A drive shaft (24) configured to extend through the inner throughbore (30) of the elongate body (22), the drive shaft (24) having a proximal end (24B) configured to couple to a power source and a distal end (end with 24D, Fig. 3) configured to extend beyond the distal end of the elongate body (22)(Fig. 2-3; and Para. [0072],[0092]); and wherein the drive shaft (24) is cannulated (24C) from the proximal end (24B) to the distal end (Fig. 2-3; and Para. [0074]). A reamer head (28) pivotably coupled to the distal end of the drive shaft (24), the reamer head (28) having a distal-facing cutting surface (28B) configured to cut bone and a proximal-facing portion (28C) configured to bear against the bearing surface (40) of the angled guide (26,26’) to orient the reamer head (28) at the predetermined angle (Fig. 3-4; and Para. [0073], [0091]-[0092]).
In regards to claim 12, Rodriguez recites wherein the reamer head (28) comprises a shoulder stop (28B) configured to prevent the reamer head (28) from reaming more than a predetermined depth (As can be seen in Fig. 16, the reamer has a shoulder surface 28B that is similar to applicant’s shoulder surface 133 shown in Fig. 4B). (Fig. 16).
In regards to claim 13, Rodriguez recites a locking collar configured to releasably secure the drive shaft (24) at a position within the inner throughbore (30) of the elongate body (22) corresponding to the reamer head (28) being arranged at a desired position beyond the distal end (22C) of the elongate body (22) (Rodriguez recites that the shaft 24 coupled to an elongated reaming carrier 25 at a position within the passageway 30.) (Fig. 2; and Para. [0051],[0064],[0072],[0092]).
In regards to claim 14, Rodriguez recites wherein the reamer head (28) comprises a full-wedge reamer configuration, and the plurality of angled guides (26’,26) each define a predetermined angle within a range of about 0° to about 20° (Fig. 8-10; and Para. [0082]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez in view of Chavarria et al (US Patent 8486076B2).
Rodriguez recites a reaming tool comprising an elongate body with proximal and distal ends and a throughbore extending therethrough, a plurality of angle guides which connect to the distal end of the elongate body, a drive shaft that passes through the throughbore and that connects to a reamer head that is connected to a bearing surface of the angle guide. In regards to claim 6 and 15, Rodriguez recites the reamer head (28), and the plurality of angled guides (26,26’) each define a predetermined angle within a range of about 0° to about 40° (Fig. 4 and 8-10, and Para. [0082]). However, the reference is silent as to the reamer head being half wedge shaped.
Chavarria in regards to claims 6 and 15, recites a reamer tool that comprises a reamer head (182) comprises a half-wedge reamer configuration (Fig. 16; and Col. 11 lines 12-29). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the reamer head (28) of Rodriguez to have a half-wedge shape as taught in Chavarria in order to be able to ream a smaller space than the typical full wedge reamer shape.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez in view of Daniels et al (US Patent Pub. 20040267266A1).
Rodriguez recites a reaming tool comprising an elongate body with proximal and distal ends and a throughbore extending therethrough, a plurality of angle guides which connect to the distal end of the elongate body, a drive shaft that passes through the throughbore and that connects to a reamer head that is connected to a bearing surface of the angle guide. In regards to claim 10, Rodriguez recites the tool having an elongate body (22), angled guides (26,26’), drive shaft (24), and the reamer head (28) (Fig. 2-4 and 8-10). However, the reference is silent as to the composition material of the tool.
Daniels recites a reaming tool comprising the elongate body, the drive shaft (10), or the reamer head (2) are composed of a material that is sterilizable between multiple reaming operations (Daniels recites the reamer 2 may be made of a cobalt chromium alloy, a stainless steel alloy, or any other durable metal or other cutting tool material while the driver 10 is made of a metal, it is preferably made of a sterilizable metal and may, for example, be made of a cobalt chromium alloy, a titanium alloy, or a stainless steel alloy. The driver 10 may also be made of any suitable durable steel which may be sterilized by standard methods.) (Fig. 1; and Para. [0089]-[0090]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the reamer tool of Rodriguez to be composed of a sterilizable material as taught in Daniels in order for the tool to be sterilizable by standard methods, for example, by an autoclave (Para. [0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCELA I SHIRSAT whose telephone number is (571)270-5269. The examiner can normally be reached M-F 9:00am-5:30pm MST.
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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775
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