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) 1-4, 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nowak et al. (US Publication No. 2015/018221 A1).
(first interpretation) Regarding Claim 1, Nowak discloses a tissue retractor (11, Fig. 1-2) comprising:
a handle (15) [0024] (fig. 5);
a retractor blade adjustment mechanism (shown in Fig. 1) coupled to the handle (15) having:
a first adjustment mechanism (19+21+27) [0030]; and a second adjustment mechanism (41+63+65) [0034];
a retractor blade carrier (61) coupled to the retractor blade adjustment mechanism configured to rotate or pivot in response to the first and second adjustment mechanisms [0033] (Fig. 6-8); and
a retractor blade (13) (Fig. 3) coupled to the retractor blade carrier (31) [0035]; wherein rotation of the first adjustment mechanism is configured to rotate or pivot the retractor blade carrier for gross adjustment of the retractor blade angle (see below), and
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rotation of the second adjustment mechanism is configured to rotate or pivot the retractor blade carrier for fine adjustment of the retractor blade angle (fine-tuning angular adjustment is described in relation to use of second control screw 41 and 19 is referred to as a “gross adjustment “ clamp in [0031]).
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(first interpretation) Regarding Claims 2, the first adjustment mechanism includes an adjustment handle ([0030] describes “manual rotation of clamp 19 relative to pivot pin 21” therefore the location of the manual interaction to rotate the clamp would be the “adjustment handle”) and the second adjustment mechanism includes a pinion gear set (41+65) (fig. 4) [0034].
(first interpretation) Regarding Claim 8, further comprising a driver (40) (Fig. 6) configured to rotate the pinion gear set to change the angle of the retractor blade [0034].
(first interpretation) Regarding Claim 4, Nowak discloses a tissue retractor (11, Fig. 1-2) comprising:
a retractor blade (13) coupled to a retractor blade carrier (61) (fig. 3) [0035];
a retractor blade adjustment mechanism (shown in Fig. 1) coupled to the retractor blade carrier (61) configured to change a retractor blade angle, the retractor blade adjustment mechanism includes: a first adjustment mechanism(19+21+27) [0030] configured to pivot the retractor blade carrier a first angle for gross adjustment;
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and a second adjustment mechanism (41+63+65) [0034] configured to pivot the retractor blade carrier a second angle for fine adjustment (fine-tuning angular adjustment is described in relation to use of second control screw 41 and 19 is referred to as a “gross adjustment “ clamp in [0031]).
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(first interpretation) Regarding Claim 6, the first adjustment mechanism includes an adjustment handle ([0030] describes “manual rotation of clamp 19 relative to pivot pin 21” therefore the location of the manual interaction to rotate the clamp would be the “adjustment handle”) and the second adjustment mechanism includes a pinion gear set (41+65) (fig. 4) [0034].
(first interpretation) Regarding Claim 9, Nowak discloses a tissue retractor (11, Fig. 1-2) comprising:
a retractor blade (13) coupled to a retractor blade carrier (61) (fig. 3) [0035];
a retractor blade adjustment mechanism (shown in Fig. 1) coupled to the retractor blade carrier (61) configured to change a retractor blade angle, the retractor blade adjustment mechanism includes: a first adjustment mechanism(19+21+27) [0030] having an adjustment handle configured to pivot the retractor blade carrier a large degree for gross adjustment ([0030] describes “manual rotation of clamp 19 relative to pivot pin 21” therefore the location of the manual interaction to rotate the clamp would be the “adjustment handle”); and a second adjustment mechanism (41+63+65) [0034] having a pinion gear set (41+65) (fig. 4) [0034] configured to pivot the retractor blade carrier a small degree for fine adjustment (fine-tuning angular adjustment is described in relation to use of second control screw 41 and 19 is referred to as a “gross adjustment “ clamp in [0031]). (see figures of explanation above in rejection of claim 1)
(first interpretation) Regarding Claim 11, further comprising a driver (40) (Fig. 6) configured to rotate the pinion gear set to change the angle of the retractor blade [0034].
(second interpretation) Regarding Claims 1 and 4, Nowak discloses a tissue retractor (2nd embodiment shown in Fig. 9 and described in [0039-0037]) comprising:
a handle (15) [0024] (fig. 9);
a retractor blade adjustment mechanism (shown in Fig. 9) coupled to the handle (15) having:
a first adjustment mechanism (gross adjustment clamp 105) [0036]; and a second adjustment mechanism (threads of 111+113) [0036-0037];
a retractor blade carrier (107) coupled to the retractor blade adjustment mechanism configured to pivot in response to the first and second adjustment mechanisms [0036-0037] (Fig. 9); and
a retractor blade (13) (Fig. 3) coupled to the retractor blade carrier (107) [0036]; wherein rotation of the first adjustment mechanism is configured to rotate or pivot the retractor blade carrier for gross adjustment and rotation of the second adjustment mechanism is configured to rotate or pivot the retractor blade carrier for fine adjustment (fine-tuning angular adjustment is described in relation to use of second adjustment mechanism (threads of 111+113) [0036-0037] and a first adjustment mechanism (105) is referred to as a “gross adjustment “ clamp in [0036]). (see figures below)
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(second interpretation) Regarding Claim 2 and 6, the first adjustment mechanism includes an adjustment handle ([0030] describes “manual rotation of clamp 19 relative to pivot pin 21” and [0036] describes clamp 105 as corresponding to gross adjustment clamp 19 of Fig. 1, therefore the location of the manual interaction to rotate the clamp would be the “adjustment handle”) and the second adjustment mechanism includes a pinion gear set (threads driving movement of 111 relative to 113) (fig. 9) [0037].
(second interpretation) Regarding Claim 9, the retractor blade adjustment mechanism further includes a translating shuttle (body of 111) using the pinion gear set to change the angle of the retractor blade [0037].
(second interpretation) Regarding Claim 7, the adjustment handle and pinion gear set are coupled to a translating shuttle ( all elements of the adjustment mechanism are coupled with /connected to the body of 111 as shown in Fig. 9) that is designed to pivot the retractor blade carrier to change the angle the of a retractor blade [0036-0037].
(second interpretation) Regarding Claim 9, Nowak discloses a tissue retractor (2nd embodiment shown in Fig. 9 and described in [0039-0037]) comprising:
a retractor blade (13) coupled to a retractor blade carrier (107) [0036];
a retractor blade adjustment mechanism (shown in Fig. 9) coupled to the retractor blade carrier (107) configured to change a retractor blade angle, the retractor blade adjustment mechanism includes: a first adjustment mechanism (gross adjustment clamp 105) [0036] having an adjustment handle configured to rotate or pivot the retractor blade carrier for gross adjustment of the blade angle ([0030] describes “manual rotation of clamp 19 relative to pivot pin 21” and [0036] describes clamp 105 as corresponding to gross adjustment clamp 19 of Fig. 1, therefore the location of the manual interaction to rotate the clamp would be the “adjustment handle”); and a second adjustment mechanism (threads of 111+113) [0036-0037] having a pinion gear set (threads driving movement of 111 relative to 113) (fig. 9) [0037] configured to rotate or pivot the retractor blade carrier for fine adjustment of the blade angle (fine-tuning angular adjustment is described in relation to use of second adjustment mechanism (threads of 111+113) [0036-0037] and a first adjustment mechanism (105) is referred to as a “gross adjustment “ clamp in [0036]). (see figures below)
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(second interpretation) Regarding Claim 10, the adjustment handle and pinion gear set are coupled to a translating shuttle ( all elements of the adjustment mechanism are coupled with /connected to the body of 111 as shown in Fig. 9) that is designed to pivot the retractor blade carrier to change the angle the of a retractor blade [0036-0037].
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
Applicant argues that Nowak fails to disclose a first adjustment mechanism configured to rotate or pivot the retractor blade carrier for gross adjustment of a first angle of the retractor blade and a second adjustment mechanism configured to rotate or pivot the retractor blade carrier for fine adjustment of a second angle of the retractor blade. The examiner respectfully disagrees. As stated in the rejection above (first interpretation), rotation of first adjustment mechanism component 19 will directly rotate carrier 61 for gross movement:
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and rotation of second adjustment mechanism component 41 will turn threads which move 65 causing pivoting of carrier 61 for fine movement:
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This is expressly disclosed in [0030] and [0033] of Nowak.
Also, (second interpretation), rotation of first adjustment mechanism component 105 will directly rotate carrier 107 for gross movement:
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and rotation of second adjustment mechanism component 113 will turn threads which move 111 causing pivoting of carrier 107 for fine movement:
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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 JACQUELINE T JOHANAS whose telephone number is (571)270-5085. The examiner can normally be reached Mon. - Fri. 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE T JOHANAS/Primary Patent Examiner, Art Unit 3773