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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 March 2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 16 March 2026. As directed by the amendment: claims 1, 4, and 5 have been amended, claims 2 and 7 are cancelled, and claims 10-22 have been newly added. Claims 1, 3-6, and 8-22 currently stand pending in the application.
Response to Arguments
Applicant's arguments filed 16 March 2026, with respect to the rejections under 35 U.S.C. 102, have been fully considered but they are not persuasive. As to Danitz et al. (US 6,676,676), Applicant contends that Danitz does not disclose a chisel at a distal end of the sheath, where the chisel has a distally facing cutting edge along a distal tip thereof, because Danitz’s distal tip of fixed jaw 260 is blunt. Examiner respectfully submits that the inner cutting edge in Danitz extends to the distal tip of the chisel, so that at the distal end of the cutting edge it is distally facing. The distal tip may comprise a portion of the distal end of the chisel, so that the cutting edge, which is distally facing at its distal end, also extends along the distal tip. Additionally or alternatively, the distal tip is relatively sharpened relative to the thicker proximal body of the chisel/jaw 260, with the rounded distal edge fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel. For example, even a blunt scissors can be impacted longitudinally to act as a chisel. Examiner also notes that even in the instant application, the chisel has a cutting edge that is curved, FIG. 9, and therefore only one central point faces precisely in the distal direction, i.e. the sides of the cutting edge can be interpreted as facing medially laterally and the direction of cutting depends on the direction of the applied force, as described in the rejections. Therefore, since Danitz’s cutting edge has at least one point that faces distally, it meets the claim as much as the instant invention.
As to Lanzoni (US 5,715,604), Applicant contends that Lanzoni does not disclose a chisel at a distal end of the sheath, where the chisel has a distally facing cutting edge along a distal tip thereof, because Lanzoni’s distal tip of the jaw are blunt, with only a sharp inner corner. Examiner respectfully submits that the inner cutting edge extends to the distal tip of the chisel, so that at the distal end of the cutting edge it is distally facing. The sharp inner corner itself is a cutting edge along the distal tip. The distal tip may comprise a portion of the distal end of the chisel, so that the cutting edge, which is distally facing at its distal end, also extends along the distal tip. Additionally or alternatively, the distal tip is relatively sharpened relative to the thicker proximal body of the chisel/jaw 6A, with the curved distal edge fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 as anticipated by Roth et al. (US 5,618,306) have been considered but are moot because the new ground of rejection does not rely on any embodiment of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 5 and 12-22 are objected to because of the following informalities: improper antecedence and language. Appropriate correction is required. The following amendments are suggested:
Claim 5 / line 3: “the aperture of the base”
Claim 12 / line 4: “and the chisel”
Claim 12 / lines 4-5: “bone segments [[can]] are configured to be grasped therebetween”
Claim 13 / line 2: “in the open and in the clamping positions.”
Claim 14 / line 2: “in the open and in the clamping positions.”
Claim 15 / line 4: “having a cutting surface”
Claim 15 / line 10: “in the open and in the clamping positions.”
Claim 16 / line 3: “and the chisel”
Claim 16 / line 4: “bone segments [[can]] are configured to be grasped therebetween”
Claim 18 / line 12: “a biasing member within the base, translatable along [[a]] the longitudinal axis of the base,”
Claim 21 / line 2: “in the open and in the clamping positions.”
Claim 22 / line 4: “and the chisel”
Claim 22 / lines 4-5: “bone segments [[can]] are configured to be grasped therebetween”
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 11, 13, and 16-22 are rejected under 35 U.S.C. 112(b) 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.
As to claim 11, the limitation “the base” (line 3) renders the claims indefinite, because it is unclear if this refers to the base of the handle previously recited in claim 1 / line 2, or to the proximally located base of the chisel previously recited in claim 11 / line 1. For examination purposes, the limitation will be interpreted in the second instance, as the proximally located base of the chisel.
As to claim 16, the limitation “when the jaw and chisel are in a clamping position” (lines 3-4) renders the claim indefinite, because it is unclear if this refers to the clamping position previously recited in claim 15 / line 8, or to a different clamping position. For examination purposes, the limitation will be interpreted in the first instance, as the clamping position.
As to claim 17, the limitation “bias the trigger to the open position” (lines 3-4) renders the claim indefinite, because it appears to be referring to the open position of the jaw relative to the chisel, previously recited in claim 15 / line 7. This lacks proper antecedent basis because the previously recited open position is not of the trigger. For examination purposes, the limitation will be interpreted as “bias the trigger to an open position”.
As to claim 18, the limitation “bias the trigger to the open position” (lines 13-14) renders the claim indefinite, because it appears to be referring to the open position of the jaw relative to the chisel, previously recited in claim 18 / line 6. This lacks proper antecedent basis because the previously recited open position is not of the trigger. For examination purposes, the limitation will be interpreted as “bias the trigger to an open position”.
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)(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, 3, 4, 6, 10, and 11 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent No. US 6,676,676 to Danitz et al. (hereinafter, “Danitz”).
As to claim 1, Danitz discloses a gouger grasper device comprising: a handle that includes a base (116) and a trigger (216) movably connected to the base (col. 7 / lines 58-59), FIG. 6A; a sheath (32) extending from the handle, FIG. 1; a chisel (260, where a chisel is commonly understood to mean a tool with a sharpened edge at one end) at a distal end of the sheath, FIGS. 1 and 10, the chisel having a distally facing cutting edge along a distal tip thereof (the inner cutting edge extends to the distal tip of the chisel, so that at the distal end of the cutting edge it is distally facing; the distal tip may comprise a portion of the distal end of the chisel, so that the cutting edge, which is distally facing at its distal end, also extends along the distal tip; additionally or alternatively, the distal tip is relatively sharpened relative to the thicker proximal body of the chisel/jaw 260, with the curved distal edge fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel); a jaw (262) at the distal end of the sheath and movable relative to the chisel (col. 14 / lines 41-42, col. 15 / lines 14-34), FIGS. 9A-9B; and a ratcheting assembly (164, 122, 196), FIG. 6A, for moving the jaw relative to the chisel between an open position and a clamping position in response to movement of the trigger relative to the base (col. 15 / lines 14-34).
As to claim 3, Danitz discloses the device of claim 1, wherein the ratcheting assembly comprises: a ratchet arm (122) having a plurality of teeth (125), FIG. 6A, and connected to the base (via distal end of 124 and 160); and a button (180; relatively small object or protrusion) carried by the trigger for engaging the teeth of the ratchet arm (col. 9 / line 66 - col. 10 / line 2).
As to claim 4, Danitz discloses the device of claim 3, wherein the ratcheting assembly further comprises an inner arm (130) received in the base, FIG. 6A, and translatable along a longitudinal axis of the base to bias the trigger into an open position (as part of the assembled whole, including and via attachment to 128, 40, 72, 420, col. 14 / line 64 - col. 15 / line 14).
As to claim 6, Danitz discloses the device of claim 4, wherein the ratcheting assembly further comprises: a connecting link (128) connected to a distal end of the inner arm (col. 8 / lines 26-28), FIG. 6A; a push rod (40) connected to a distal end of the connecting link (col. 7 / line 67 - col. 8 / line 5); and a linkage (72) connected to a distal end of the push rod (col. 14 / line 49), FIG. 9A.
As to claim 10, Danitz discloses the device of claim 1, wherein, during operation, the chisel is fixed relative to, and remains stationary relative to, the base of the handle (col. 14 / lines 21-22), FIG. 9A.
As to claim 11, Danitz discloses the device of claim 1, wherein the chisel comprises a proximally located base (received in 352), FIG. 9A, and a distally located blade extending therefrom, with the cutting edge located at a distal tip of the blade (as above), where a longitudinal axis of the base is parallel with, but offset from, a longitudinal axis of the blade (a longitudinal axis of the base of the chisel taken through the center where it is received in 352 is parallel with but offset from a longitudinal axis of the blade taken along the inner cutting edge).
Claims 1, 3, 4, 6, 8, and 11 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent No. US 5,715,604 to Lanzoni.
As to claim 1, Lanzoni discloses a gouger grasper device comprising: a handle that includes a base (4) and a trigger (5) movably connected to the base (col. 3 / lines 40-47), FIGS. 1-5; a sheath (8) extending from the handle, FIG. 1; a chisel (cutting end of 3, where a chisel is commonly understood to mean a tool with a sharpened edge at one end) at a distal end of the sheath (the chisel is at a distal end of the sheath since it is located beyond the distal end of the sheath, and is closer to the distal end than a proximal end of the sheath), the chisel having a distally facing cutting edge along a distal tip thereof (the inner cutting edge extends to the distal tip of the chisel, so that at the distal end of the cutting edge it is distally facing; the distal tip may comprise a portion of the distal end of the chisel, so that the cutting edge, which is distally facing at its distal end, also extends along the distal tip; additionally or alternatively, the distal tip is relatively sharpened relative to the thicker proximal body of the chisel/jaw 6A, with the curved distal edge fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel); a jaw (16) at the distal end of the sheath (as interpreted above), FIG. 2, and movable relative to the chisel (since the chisel at the cutting end of 3 is on link 14 which is articulated on jaw 16, so that movement of 16 relative to 14/3 occurs because 16 and 14/3 are moved relative to each other by virtue of 14/3 moving relative to 16 when the links 13 and 14 pivot to close the chisel; col. 3 / line 67 - col. 4 / line 2), FIGS. 1-5; and a ratcheting assembly (26, 27; 27, which can be a pawl, col. 2 / lines 57-60, moves in one direction distally along 26, FIGS. 3-5, due to the shape of the teeth) for moving the jaw relative to the chisel (as above, because there is relative movement between the jaw and chisel when the chisel is closed) between an open position (open position of the chisel), FIG. 2, and a clamping position (closed position of the chisel), FIG. 5, in response to movement of the trigger relative to the base (col. 5 / lines 4-18).
As to claim 3, Lanzoni discloses the device of claim 1, wherein the ratcheting assembly comprises: a ratchet arm (26) having a plurality of teeth and connected to the base (col. 4 / lines 21-26), FIG. 2; and a button (27; relatively small object) carried by the trigger for engaging the teeth of the ratchet arm (col. 5 / lines 4-18), FIGS. 3-5.
As to claim 4, Lanzoni discloses the device of claim 3, wherein the ratcheting assembly further comprises an inner arm (35) received in the base (one end of the inner arm is in the location of the base) and translatable along a longitudinal axis of the base (the proximal end of the inner arm translates along a longitudinal axis of the base, FIGS. 4-5, and the distal end of the inner arm translates along a longitudinal axis of the base along with 27) to bias the trigger into an open position (col. 4 / lines 63-65).
As to claim 6, Lanzoni discloses the device of claim 4, wherein the ratcheting assembly further comprises: a connecting link (21) connected to a distal end of the inner arm (connected via interconnectedness of the whole device, through connection of 35, 27, 5, 8, and 21); a push rod (7) connected to a distal end of the connecting link; and a linkage (11, 12, 13, 14) connected to a distal end of the push rod (col. 3 / lines 63-65), FIG. 2.
As to claim 8, Lanzoni discloses the device of claim 6, wherein the linkage comprises: a pair of first links (11, 12) and a pair of second links (13, 14), wherein each of the first links has a proximal end coupled to the push rod and a distal portion coupled to the second links, FIG. 2, and wherein the second links are pivotably coupled to the first links at their proximal ends and pivotably coupled to the jaw at their distal ends (col. 3 / line 55 - col. 4 / line 4).
As to claim 11, Lanzoni discloses the device of claim 1, wherein the chisel comprises a proximally located base and a distally located blade extending therefrom, with the cutting edge located at a distal tip of the blade (as above), where a longitudinal axis of the base is parallel with, but offset from, a longitudinal axis of the blade (a longitudinal axis can be drawn down the base of the chisel, e.g. up and down in FIG. 5, that is parallel with and offset from a longitudinal axis of the blade in FIG. 5).
Claims 1, 3-6, and 9-22 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent No. US 5,618,306 to Roth et al. (hereinafter, “Roth”).
As to claim 1, Roth discloses a gouger grasper device, FIGS. 3A-4B and 7B, comprising: a handle that includes a base (one 36) and a trigger (other 36) movably connected to the base (via pivotal attachment to 30) (col. 6 / lines 6-11); a sheath (22) extending from the handle; a chisel (112, where a chisel is commonly understood to mean a tool with a sharpened edge at one end) at a distal end of the sheath, FIG. 7B, the chisel having a distally facing cutting edge along a distal tip thereof (since the distal tip of the chisel is tapered, the distally facing distal edge along the distal tip is fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel; additionally the distally facing edge of the distal most tooth 124 is fully capable of being a cutting edge due to its relatively tapered or sharpened shape); a jaw (114) at the distal end of the sheath and movable relative to the chisel (col. 8 / lines 49-67, col. 9 / lines 20-47); and a ratcheting assembly (86) for moving the jaw relative to the chisel between an open position and a clamping position in response to movement of the trigger relative to the base (the ratcheting assembly can move and lock the trigger closer to the base to move the jaw closer to the chisel, col. 8 / lines 1-40).
As to claim 3, Roth discloses the device of claim 1, wherein the ratcheting assembly comprises: a ratchet arm (94) having a plurality of teeth (102) and connected to the base (36A), FIG. 4B; and a button (104) carried by the trigger (36B) for engaging the teeth of the ratchet arm (col. 8 / lines 20-40).
As to claim 4, Roth discloses the device of claim 3, wherein the ratcheting assembly further comprises an inner arm (52) received in the base, FIGS. 3A-3C, and translatable along a longitudinal axis of the base (at least the distal end of 52 translates along a longitudinal axis of the base, which in certain positions is up/down in FIG. 3A/C, to translate the link 58 to which it is connected, col. 7 / lines 8-19, col. 7 / lines 51-58) to bias the trigger into an open position (translating the distal end of the inner arm proximally would bias the trigger open).
As to claim 5, Roth discloses the device of claim 4, wherein the base and the trigger each include an aperture to allow passage of the ratchet arm, FIG. 4B, where the ratchet arm extends through the aperture and exits a medial side of the base, and where the ratchet arm extends completely through the trigger, entering a medial side and exiting a lateral side thereof (col. 8 / lines 25-31), FIG. 4B.
As to claim 6, Roth discloses the device of claim 4, wherein the ratcheting assembly further comprises: a connecting link (58) connected to a distal end of the inner arm (col. 7 / lines 10-11), FIG. 3C; a push rod (46) connected to a distal end of the connecting link (col. 7 / lines 14-18); and a linkage (pivot pin that attaches jaw 114) connected to a distal end of the push rod, shown for example in FIG. 6.
As to claim 9, Roth discloses the device of claim 4, further comprising a biasing member (50) disposed between a proximal end of the inner arm and the base (portions of the biasing member are longitudinally between a proximal end of the inner arm and a proximal end of the base) for biasing the trigger into the open position (col. 6 / lines 61-65), FIGS. 1A and 3A.
As to claim 10, Roth discloses the device of claim 1, wherein, during operation, the chisel is fixed relative to, and remains stationary relative to (longitudinally stationary), the base of the handle, FIG. 7B.
As to claim 11, Roth discloses the device of claim 1, wherein the chisel comprises a proximally located base (proximal portion of 112) and a distally located blade (distal portion of 112) extending therefrom, with the cutting edge located at a distal tip of the blade (as above), where a longitudinal axis of the base is parallel with, but offset from, a longitudinal axis of the blade (each of the base and the blade has a plurality of longitudinal axes running therethrough, with at least two of them being parallel but offset).
As to claim 12, Roth discloses the device of claim 1, wherein the chisel further includes teeth (124) disposed along a medial surface of an elongated body thereof; and the jaw further includes teeth disposed along a medial surface of an elongated body thereof (col. 9 / lines 30-32), the jaw teeth being substantially aligned to cooperate with the chisel teeth when the jaw and chisel are in the clamping position, whereby bone segments can be grasped therebetween, FIG. 7B.
As to claim 13, Roth discloses the device of claim 11, wherein, the cutting edge of the chisel is positioned further distally than a most distal tip of the jaw, both in the open and in the clamping position (since the chisel and jaw are tilted to the left in FIG. 7B, the distal tip of the chisel, interpreted as the cutting edge as above, is positioned further distally than a most distal tip of the jaw, in the open position in FIG. 7B and in a clamped position which may be partially more closed than the open position to allow room for the clamped bone in between).
As to claim 14, Roth discloses the device of claim 1, wherein the cutting edge of the chisel is positioned further distally than a most distal tip of the jaw, both in the open and in the clamping position (since the chisel and jaw are tilted to the left in FIG. 7B, the distal tip of the chisel, interpreted as the cutting edge as above, is positioned further distally than a most distal tip of the jaw, in the open position in FIG. 7B and in a clamped position which may be partially more closed than the open position to allow room for the clamped bone in between).
As to claim 15, Roth discloses a gouger grasper device, FIGS. 3A-4B and 7B, comprising: a handle that includes a base (one 36/36A) and a trigger (other 36/36B) movably connected to the base (via pivotal attachment to 30) (col. 6 / lines 6-11); a sheath (22) extending from the handle; a chisel (112, where a chisel is commonly understood to mean a tool with a sharpened edge at one end) at a distal end of the sheath, FIG. 7B, the chisel having cutting surface at a most distal end thereof (since the most distal end of the chisel is tapered, the surface along the distal end is fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel; additionally the surface of the distal most tooth 124 is fully capable of being a cutting surface due to its relatively tapered or sharpened shape); a jaw (114) at the distal end of the sheath, movable relative to the chisel (col. 8 / lines 49-67, col. 9 / lines 20-47); and a ratcheting assembly (86) for moving the jaw relative to the chisel between an open position and a clamping position in response to movement of the trigger relative to the base (the ratcheting assembly can move and lock the trigger closer to the base to move the jaw closer to the chisel, col. 8 / lines 1-40); wherein the cutting surface of the chisel is positioned further distally than a most distal end of the jaw, both in the open and in the clamping position (since the chisel and jaw are tilted to the left in FIG. 7B, the distal end of the chisel, interpreted as the cutting surface as above, is positioned further distally than a most distal end of the jaw, in the open position in FIG. 7B and in a clamped position which may be partially more closed than the open position to allow room for the clamped bone in between).
As to claim 16, Roth discloses the device of claim 15, wherein the chisel has teeth (124) disposed along a medial surface thereof, and the jaw has teeth disposed along a medial surface thereof (col. 9 / lines 30-32), the jaw teeth being substantially aligned to cooperate with the chisel teeth when the jaw and chisel are in a clamping position, whereby bone segments can be grasped therebetween, FIG. 7B.
As to claim 17, Roth discloses the device of claim 15, wherein the ratcheting assembly includes: a ratchet arm (94) having a plurality of teeth (102) and connected to the base (36A), FIG. 4B; and an inner arm (52) within the base, FIGS. 3A-3C, and translatable along a longitudinal axis of the base (at least the distal end of 52 translates along a longitudinal axis of the base, which in certain positions is up/down in FIG. 3A/C, to translate the link 58 to which it is connected, col. 7 / lines 8-19, col. 7 / lines 51-58) to bias the trigger to the open position (translating the distal end of the inner arm proximally would bias the trigger open); wherein the base and the trigger each include an aperture to allow passage of the ratchet arm, FIG. 4B, where the ratchet arm extends through the base aperture and exits a medial side of the base, and where the ratchet arm extends completely through the trigger aperture and the trigger, entering a medial side and exiting a lateral side thereof (col. 8 / lines 25-31), FIG. 4B.
As to claim 18, Roth discloses a gouger grasper device, FIGS. 3A-4B and 7B, comprising: a handle that includes a base (one 36/36A) and a trigger (other 36/36B) movably connected to the base (via pivotal attachment to 30) (col. 6 / lines 6-11); a sheath (22) extending from the handle; a chisel (112, where a chisel is commonly understood to mean a tool with a sharpened edge at one end) at a distal end of the sheath, FIG. 7B; a jaw (114) at the distal end of the sheath and movable relative to the chisel (col. 8 / lines 49-67, col. 9 / lines 20-47); and a ratcheting assembly (86) for moving the jaw relative to the chisel between an open position and a clamping position in response to movement of the trigger relative to the base (the ratcheting assembly can move and lock the trigger closer to the base to move the jaw closer to the chisel, col. 8 / lines 1-40), the ratcheting assembly including: a ratchet arm (94) having a plurality of teeth (102) and connected to the base (36A), FIG. 4B; an inner arm (58) within the base, FIGS. 3A-3C, and translatable along a longitudinal axis of the base (translates along a longitudinal axis of the base, which in certain positions is up/down in FIG. 3A/C, col. 7 / lines 58-59); a link (52s) pivotally connected to both the inner arm and the trigger (col. 7 / lines 56-59); and a biasing member (46; biases the jaw open or close) within the base, FIG. 3C, translatable along a longitudinal axis of the base (along with inner arm 58), the biasing member acting on the inner arm, the link, and the trigger, to bias the trigger to the open position (since the biasing member, the inner arm, the link, and the trigger are all connected and pivotally linked in sequence, moving the biasing member proximally would act on the other components to bias the trigger open, from FIG. 3C to FIG. 3A).
As to claim 19, Roth discloses the device of claim 18, wherein the base and the trigger each include an aperture to allow passage of the ratchet arm, FIG. 4B, and movement of the link (the apertures allow movement of the link into the position of FIG. 3C, since the apertures allow passage of the ratchet arm therethrough to allow such movement of the link to bring the base and the trigger closer together), where the ratchet arm extends through the base aperture and exits a medial side of the base, and where the ratchet arm extends completely through the trigger aperture and the trigger, entering a medial side and exiting a lateral side thereof (col. 8 / lines 25-31), FIG. 4B.
As to claim 20, Roth discloses the device of claim 18, where the chisel has a distally facing cutting edge along a distal end thereof (since the distal end of the chisel is tapered, the distally facing distal edge along the distal end is fully capable of performing cutting when an appropriately directed force is applied so that the chisel is therefore defined by its capability of functioning as a chisel; additionally the distally facing edge of the distal most tooth 124 is fully capable of being a cutting edge due to its relatively tapered or sharpened shape).
As to claim 21, Roth discloses the device of claim 20, wherein the cutting edge of the chisel is positioned further distally than a most distal end of the jaw, both in the open and in the clamping position (since the chisel and jaw are tilted to the left in FIG. 7B, the distal end of the chisel, interpreted as the cutting edge as above, is positioned further distally than a most distal end of the jaw, in the open position in FIG. 7B and in a clamped position which may be partially more closed than the open position to allow room for the clamped bone in between).
As to claim 22, Roth discloses the device of claim 18, wherein the chisel further includes teeth (124) disposed along a medial surface of an elongated body thereof, and the jaw further includes teeth disposed along a medial surface of an elongated body thereof (col. 9 / lines 30-32), the jaw teeth being substantially aligned to cooperate with the chisel teeth when the jaw and chisel are in the clamping position, whereby bone segments can be grasped therebetween, FIG. 7B.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775
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