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 Objections
Claim 16 is objected to because of the following informalities: In ll. 3, the phrase “and template opening” should be re-written as --and the template opening--. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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, 8, and 10 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.
Claim 5 recites the limitation "the bearing opening” in ll. 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the target site" in ll. 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the support element" in ll. 1. There is insufficient antecedent basis for this limitation in the claim.
Examiner’s Note
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.
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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Billeter (US 2,454,372).
Regarding claim 1, Billeter discloses a drill guide (figure 1) for an implantable medical device (considered as intended use) comprising a template (element “c”) comprising a turntable (35+60) having a drill guide opening (figure 1), and a drill clip (20) connected to the turntable (35+60) (figure 1).
Regarding claim 2, Billeter discloses wherein the turntable (35+60) is at least partially seated in a bearing (element “d”) connected to the template (element “c”) (col. 6, ll. 38-43 and figure 1).
Regarding claim 3, Billeter discloses wherein the bearing (element “d’) comprises a bearing opening (figure 1) aligned with the drill guide opening (figure 1).
Regarding claim 4, Billeter discloses wherein the bearing (element “d’) is at least partially seated in a template recess (figure 1).
Regarding claim 5, Billeter discloses wherein the template recess comprises a template recess opening (figure 1) coaxially aligned with the drill guide opening (figure 1) and the bearing opening (figure 1).
Regarding claim 6, Billeter discloses wherein the drill clip (20) is connected to the turntable (35+60) by a support element (36) extending above the turntable (35+60) (figure 1).
Regarding claim 7, Billeter discloses wherein the drill clip (20) is slidably connected (figure 1) to the support element (36).
Regarding claim 8, Billeter discloses wherein the support element (36) is configured to (i.e. capable of) restrict slidable drill movement perpendicular to the target site when a drill (16) is attached to the drill clip (20).
Regarding claim 9, Billeter discloses wherein the support element (36) comprises a plurality of separate support elements (elements 36) (figure 1).
Regarding claim 10, Billeter discloses wherein the support element (36) extends from an offset position above the turntable (35+60) (figure 1).
Regarding claim 11, Billeter is capable of having wherein the template is an implantable hearing device template as this is considered functional.
Regarding claim 12, Billeter is capable of having wherein the implantable medical device is an implantable hearing device as this is considered functional.
Regarding claim 13, Billeter discloses a drill guide (figure 1) for an implantable medical device (considered as intended use) comprising a template (element “c”) comprising a template opening (figure 1) and a turntable (35+60) having a drill guide opening (figure 1) coaxially aligned with the template opening (figure 1), a drill interface (20) connected to the turntable (35+60) (figure 1), and a support element (36) connected to the drill interface (20) extending from the turntable (35+60) and offset from the drill guide opening (figure 1).
Regarding claim 14, Billeter discloses wherein the support element (36) is slidably connected to the drill interface (20) (figure 1).
Regarding claim 15, Billeter discloses wherein the turntable (35+60) is at least partially housed in a template recess (col. 6, ll. 38-43 and figure 1).
Regarding claim 16, Billeter discloses further comprising a ring bearing (element “d”) seated in the template recess (figure 1) and coaxially aligned with the drill guide opening (figure 1) and template opening (figure 1).
Conclusion
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/SI MING KU/Primary Examiner, Art Unit 3775