Detailed Action
This is the first office action on the merits for US application number 18/643,547.
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 Species b), Fig. 4, in the reply filed on December 23, 2025 is acknowledged, which indicated that claims 1-3, 7, 9-11, and 15 read on the elected species.
As to claims 7 and 15, the limitation of an inner chamber does not read appears to read on the elected species with a blind passageway for an ordinary definition of chamber, e.g. “a natural or artificial enclosed space or cavity” (https://www.merriam-webster.com/dictionary/chamber). Further, an inner chamber is specifically disclosed in paragraph 42 as shown in Fig. 6, i.e. non-elected species d). Therefore, claims 7 and 15 6 do not read on the elected species.
Accordingly, claims 7 and 15 are withdrawn from further consideration along with claims 4-6, 8, 12-14, and 16-20.
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.
Claim(s) 1-3 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seifert et al. (US 2018/0042732, hereinafter “Seifert”).
As to claim 1, Seifert discloses an orthopaedic surgical instrument (900b, Figs. 14A, 14B, and 16A-16E, ¶169 discloses that 912 is similar to that of inserter 900a of Figs. 15A-15D) capable of use for inserting an orthopaedic prosthesis (600) into a bone of a patient (Fig. 14, abstract, ¶125), the orthopaedic surgical instrument comprising: an orthopaedic prosthesis inserter (900b) having a body (906, 908, Figs. 14A, 14B, 16A, 16B, and 16E, ¶171) and a bolt passageway (925, opening shown holding 912 in Fig. 16A/“opening” of ¶172 corresponding to 912, Fig. 16A, ¶s 174 and 182) defined through the body (Figs. 16A, 16B, and 16E, ¶s 174 and 182); and a surgical instrument bolt (912) capable of being received in the bolt passageway of the body of the orthopaedic prosthesis inserter (Figs. 16A, 16B, and 16E), wherein the surgical instrument bolt comprises a bolt head (914, i.e. the portion of 912 to the right of the dashed lines in the illustration of Fig. 16A, Fig. 16A) and a bolt shaft (see portion of 912 in the dashed lines in the illustration of Fig. 16A, Fig. 16A) extending away from a bottom side of the bolt head (see illustration of Fig. 16A, Fig. 16A), wherein the bolt shaft comprises a (i) a threaded end (see illustration of Fig. 16A, Fig. 16A) extending out of a distal end of the orthopaedic prosthesis inserter (Fig. 16A), (ii) a shank (see illustration of Fig. 16A, Fig. 16A) located between the bolt head and the threaded end (as defined, Fig. 16A), and (iii) an inner surface (see illustration of Fig. 16A, Fig. 16A) defining an axial passageway (“Blind passageway” as labeled on the illustration of Fig. 16A, Fig. 16A) that extends through at least a portion of the bolt shaft (Fig. 16A).
As to claim 2, Seifert discloses that the axial passageway has a length that is less than a length of the bolt shaft (Fig. 16A).
As to claim 3, Seifert discloses that the inner surface further defines an aperture (opening at the right end of the “Blind passageway” as labeled on the illustration of Fig. 16A, i.e. shown holding the spherical portion of 917 in Fig. 16A, Fig. 16A) on a top end of the bolt head (see illustration of Fig. 16A, Fig. 16A), wherein the axial passageway comprises a blind passageway (Fig. 16A) that extends from the aperture (as defined, Fig. 16A), through the bolt head (Fig. 16A), and into the shank of the bolt shaft (Fig. 16A).
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As to claim 9, Seifert discloses a securing device (912, Figs. 16A, 16B, and 16E, ¶169 discloses that 912 is similar to that of inserter 900a of Figs. 15A-15D, ¶s 172, 174, and 175 disclose holding and retaining/attaching 600 and 900) capable of use with a surgical instrument (900b, Figs. 14A, 14B, and 16A-16E, ¶s 169, 172, 174, and 175), the securing device comprising: a surgical instrument bolt (912) having a bolt head (914, i.e. the portion of 912 to the right of the dashed lines in the illustration of Fig. 16A, Fig. 16A) and a bolt shaft (see portion of 912 in the dashed lines in the illustration of Fig. 16A, Fig. 16A) extending away from a bottom side of the bolt head (see illustration of Fig. 16A, Fig. 16A), wherein the bolt shaft comprises a (i) a threaded end (see illustration of Fig. 16A, Fig. 16A) having a plurality of bolt threads defined thereon (Fig. 16A), (ii) a shank (see illustration of Fig. 16A, Fig. 16A) located between the bolt head and the threaded end (as defined, Fig. 16A), and (iii) an inner surface (see illustration of Fig. 16A, Fig. 16A) defining an axial passageway (“Blind passageway” as labeled on the illustration of Fig. 16A, Fig. 16A) that extends through at least a portion of the bolt shaft (Fig. 16A).
As to claim 10, Seifert discloses that the axial passageway has a length that is less than a length of the bolt shaft (Fig. 16A).
As to claim 11, Seifert discloses that the inner surface further defines an aperture (opening at the right end of the “Blind passageway” as labeled on the illustration of Fig. 16A, i.e. shown holding the spherical portion of 917 in Fig. 16A, Fig. 16A) on a top end of the bolt head (see illustration of Fig. 16A, Fig. 16A), wherein the axial passageway comprises a blind passageway (Fig. 16A) that extends from the aperture (as defined, Fig. 16A), through the bolt head (Fig. 16A), and into the shank of the bolt shaft (Fig. 16A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4.
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/AMY R SIPP/Primary Examiner, Art Unit 3775