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
Claims 1-20 are objected to because of the following informalities:
Claim 1 line 9 contains a typographical error (“the the”). Appropriate correction is required.
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, 2, 4-7, 11, 14 and 17-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Eckhof (US 20210401423).
With respect to claim 1, Eckhof discloses a retractor system (see fig. 49 below), comprising: a first retractor arm (1044, see fig. 49 below, para. 77) comprising a first retractor arm proximal end (see fig. 44 below), a first retractor arm distal end (see fig. 44 below), and a first retractor arm channel (e.g., 1048, to receive blade 1006, see para. 77) that extends through the first retractor arm distal end (see fig. 44 and 49 below); and a first retractor blade (1006) comprising a first retractor blade proximal end (e.g., at 1249), a first retractor blade distal end (e.g., 1360, see fig. 51), a first retractor blade track that runs longitudinally between the first retractor blade proximal end and the first retractor blade distal end (see fig. 51 below); and wherein the first retractor arm channel is configured to engage the first retractor blade track and selectively position the first retractor arm distal end along the first retractor blade track (see fig. 44, 49, 51 below, and also para. 83).
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As for claim 2, Eckhof further discloses the retractor system of claim 1, comprising: a first rack (e.g., 1106 or 1104, see para. 79, also note that while 1106 is annotated, 1104 contains comparable elements that are not annotated for simplicity in viewing fig. 40 above. These elements on 1104 could be interpreted as components of the first rack and vice versa) comprising a first rail (e.g., 1132, see fig. 40 above) and first rack teeth (e.g.,1251, see fig. 40 above), wherein the first rail comprises a first rail first end and a first rail second end (see fig. 40 above), and wherein the first rack teeth are distributed along the first rail between the first rail first end and the first rail second end (see fig. 40 above, para. 91); and a first carriage (see fig. 44 above) comprising a first carriage opening (e.g., 1284 or 1286, see fig. 45 and para. 87) and a first pinion (e.g., 1250, see para. 84), wherein the first rail passes through the first carriage opening (see para. 87), and wherein the first pinion including first pinion teeth (e.g., teeth on 1250, see fig. 45) that engage the first rack teeth and move the first carriage along the first rail based on rotation of the first pinion (see para. 91); and wherein the first retractor arm proximal end is coupled to the first carriage (see fig. 44, 49 above and note that they are integrally coupled) and is selectively positioned along the first rail via the first carriage (see fig. 49 above).
As for claim 4, Eckhof further discloses the retractor system of claim 2, comprising: a second rack (e.g., the other of 1106, 1104- see fig. 40 above, also note that while 1106 is annotated, 1104 contains comparable elements that are not annotated for simplicity in viewing fig. 40 above. These elements on 1104 could be interpreted as components of the second rack and vice versa) comprising a second rail (e.g., the other 1132) and second rack teeth (the other set of 1251), wherein the second rail comprises a second rail first end and a second rail second end (see fig. 40 above), and wherein the second rack teeth are distributed along the second rail between the second rail first end and the second rail second end (see fig. 40 above); a second carriage (see fig. 49 above and note the comparable carriage associated with 1010, also, while 1012 is annotated, 1010 contains comparable elements that are not annotated for simplicity in viewing fig. 49 above. These elements on 1010 could be interpreted as components of the second carriage and vice versa.) comprising a second carriage opening (e.g., 1284 or 1286- see fig. 44 above and note that 1010 contains comparable elements to those annotated on 1012) and a second pinion (e.g., 1250), wherein the second rail passes through the second carriage opening (see para. 79, 87), and wherein the second pinion includes second pinion teeth (e.g., teeth of 1250) that engage the second rack teeth and move the second carriage along the second rail based on rotation of the second pinion (see para. 91); and a second retractor arm (e.g., comparable element 1044 located on 1010) comprising a second retractor arm proximal end, a second retractor arm distal end, and a second retractor arm channel (e.g., see fig. 49 above) that extends through the second retractor arm distal end, wherein the second retractor arm proximal end is coupled to the second carriage (see fig. 49 above and note that the second carriage is integrally coupled to the second retractor arm) and is selectively positioned along the second rail via the second carriage (see fig. 49 above).
As for claim 5, Eckhof further discloses the retractor system of claim 4, comprising: a second retractor blade (1006, see para. 77) comprising a second retractor blade proximal end, a second retractor blade distal end (see fig. 51 above), a second retractor blade track that runs longitudinally between the second retractor blade proximal end and the second retractor blade distal end (see fig. 51 above); and wherein the second retractor arm channel is configured to engage the second retractor blade track and selectively position the second retractor arm distal end along the second retractor blade track (see fig. 49, 51 above).
As for claim 6, Eckhof further discloses the retractor system of claim 4, comprising: a central rack (1016/1032) comprising a central rail (e.g., 1070) and central rack teeth (1077), wherein the central rail comprises a central rail proximal end and a central rail distal end (see fig. 38 below), and wherein the central rack teeth are distributed along the central rail between the central rail proximal end and the central rail distal end (see fig. 38 below); a central retractor arm (see fig. 49 above, fig. 38 and 42 below) comprising a central retractor arm proximal end coupled to the central rail distal end (see fig. 49 above, para. 81), a central retractor arm distal end, and a central retractor arm channel that extends through the central retractor arm distal end (see fig. 49 above, fig. 38 and 42 below); and a central carriage comprises a central carriage opening (e.g., 1188 or 1190) and a central carriage pinion (1182) wherein the central rail passes through the central carriage opening (see para. 81), and wherein the central carriage pinion includes central carriage pinion teeth (teeth of 1182) that engage the central rack teeth and move the central carriage along the central rail based on rotation of the central carriage pinion (see para. 81); and wherein the first rail first end is coupled to a first lateral side of the central carriage and second rail second end is coupled to a second lateral side of the central carriage (see fig. 49 above, note that all of the elements are coupled to make one retractor system).
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As for claim 7, Eckhof further teaches the retractor system of claim 6, comprising: a second retractor blade (1006) (see para. 77) comprising a second retractor blade proximal end, a second retractor blade distal end, a second retractor blade track that runs longitudinally between the second retractor blade proximal end and the second retractor blade distal end (see fig. 51 above), wherein the second retractor arm channel is configured to engage the second retractor blade track and selectively position the second retractor arm distal end along the second retractor blade track (see fig. 49 and 51 above); and a central retractor blade (1006) (see para. 77) comprising a central retractor blade proximal end, a central retractor blade distal end, a central retractor blade track that runs longitudinally between the central retractor blade proximal end and the central retractor blade distal end (see fig. 51 above), wherein the central retractor arm channel is configured to engage the central retractor blade track and selectively position the central retractor arm distal end along the central retractor blade track (see fig. 49 and 51 above).
As for claim 11, Eckhof further discloses the retractor system of claim 1, wherein the first retractor arm channel comprises fingers (e.g., defined at 1046) that engage rails of the first retractor blade track (see last 4 lines of para. 77).
As for claim 14, Eckhof further discloses the retractor system of claim 1, comprising: a second retractor arm (see fig. 49 above) comprising a second retractor arm proximal end and a second retractor arm distal end (see fig. 49 above); and a second retractor blade (1006) coupled to the second retractor arm distal end (see para. 77); wherein the first retractor arm distal end comprises a first retractor arm attachment post (e.g., one of arms at 1046); and wherein the second retractor arm distal end comprises a second retractor arm attachment post (e.g., one of arms at 1046).
As for claim 17, Eckhof further discloses the retractor system of claim 1, wherein: the first retractor blade comprises a first retractor blade front side (faces away from first retractor arm), a first retractor blade back side (e.g., 1358, side inserted into 1046), and a first retractor blade channel (1362); the first retractor blade track runs along the first retractor blade back side (see fig. 51 above); the first retractor blade channel runs along the first retractor blade front side between the first retractor blade proximal end and the first retractor blade distal end (see fig. 52-53 and para. 94).
As for claim 18, Eckhof further discloses the retractor system of claim 17, comprising an intradiscal shim (e.g., 1352) inserted in the first retractor blade channel such that an intradiscal shim distal end protrudes beyond the first retractor blade distal end (see fig. 51 above).
As for claim 19, Eckhof further discloses the retractor system of claim 17, comprising a retractor blade handle (e.g., 580 or 1249) secured to the first retractor blade via insertion into the first retractor blade channel.
As for claim 20, Eckhof further discloses the retractor system of claim 1, wherein the first retractor blade comprises: a fin channel (e.g., to receive 1474) along a first retractor blade longitudinal side (see para. 95. fig. 55-56); and a blade fin (1450) affixed to the first retractor blade via the fin channel such that the blade fin extends a lateral width of the first retractor blade (see fig. 55-56 and note that both 1010 and 1012 have fin channels).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhof (US 20210401423), as applied to claim 2 above, in view of Koros (US 5795291).
As for claim 3, Eckhof teaches a worm gear and pinion actuation mechanism (see para. 91) but does not teach wherein: the first carriage comprises a first carriage lever and a first carriage pawl; the first carriage lever selectively engages the first carriage pawl with the first rack teeth; and the first carriage pawl, when engaged with the first rack teeth, permits movement of the first carriage along the first rail in a first direction but prevents movement of the first carriage along the first rail in a second direction.
Koros, also drawn to retractor systems (see abstract, col. 5 lines 28-47), teaches a carriage (e.g., 30) with a first carriage lever (e.g., 44) and a first carriage pawl (40); the first carriage lever selectively engages the first carriage pawl with the first rack teeth (e.g., 38); and the first carriage pawl, when engaged with the first rack teeth, permits movement of the first carriage along the first rail in a first direction but prevents movement of the first carriage along the first rail in a second direction (see col. 5 lines 36-47) in order to provide a known mechanical pinion/pawl actuator mechanism, as an alternate equivalent driving mechanism, that will provide the same function of allowing selective movement of the carriage relative to the rack (20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Eckhof wherein: the first carriage comprises a first carriage lever and a first carriage pawl; the first carriage lever selectively engages the first carriage pawl with the first rack teeth; and the first carriage pawl, when engaged with the first rack teeth, permits movement of the first carriage along the first rail in a first direction but prevents movement of the first carriage along the first rail in a second direction, in view of Koros, as a matter of engineering design choice, in order to provide a known mechanical pinion/pawl actuator mechanism, as an alternate equivalent driving mechanism, that will provide the same function of allowing selective movement of the carriage relative to the rack.
Claim(s) 1, 2 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wooley (US 20110130793) in view of Eckhof (US 20210401423).
With respect to claims 1, 2 and 8-10, Wooley teaches a retractor system (12), comprising: a first retractor arm (28) comprising a first retractor arm proximal end (e.g., top surface, see fig. 20 below), a first retractor arm distal end (e.g., lower surface, see fig. 20 below), and a first retractor arm channel (e.g., 202 or 204) that extends through the first retractor arm distal end (see fig. 20 below); and a first retractor blade (16) comprising a first retractor blade proximal end (attached to distal end of 28), a first retractor blade distal end (opposite of proximal end), and wherein the first retractor arm channel is configured to engage the first retractor blade track and selectively position the first retractor arm distal end along the first retractor blade track (see fig. 7); a first rack comprising a first rail and first rack teeth (see fig. 11 below), wherein the first rail comprises a first rail first end and a first rail second end (see fig. 11 below), and wherein the first rack teeth are distributed along the first rail between the first rail first end and the first rail second end (see fig. 11 below); and a first carriage comprising a first carriage opening (e.g., 210, see fig. 20 below, para. 215) and a first pinion (53, see fig. 11 below, para. 200 and fig. 8-9), wherein the first rail passes through the first carriage opening (see para. 215), and wherein the first pinion including first pinion teeth that engage the first rack teeth and move the first carriage along the first rail based on rotation of the first pinion (see para. 208); and wherein the first retractor arm proximal end is coupled to the first carriage (e.g., integrally coupled) and is selectively positioned along the first rail via the first carriage (see fig. 11 below and also fig. 8); a second carriage (e.g., see fig. 11 below, note that while not labelled, the second carriage components are comparable to those annotated in the first carriage in fig. 11 below) comprising a second carriage opening (e.g., 182, see fig. 18) and a second pinion (53), wherein the first rail passes through the second carriage opening (see fig. 11 below), and wherein the second pinion includes second pinion teeth that engage the first rack teeth and move the second carriage along the first rail based on rotation of the second pinion (see para. 208, 213); and a second retractor arm (see fig. 18) comprising a second retractor arm proximal end attached to second carriage), a second retractor arm distal end (attached to blade 16), and a second retractor arm channel (e.g., 172) that extends through the second retractor arm distal end, wherein the second retractor arm proximal end is coupled to the second carriage and is selectively positioned along the first rail via the second carriage (see fig. 18); a central rack (e.g. 24, see fig. 10) comprising a central rail (e.g., body of 24) and central rack teeth (e.g., 114, see fig. 15), wherein the central rail comprises a central rail proximal end (e.g., at 110, see fig. 15) and a central rail distal end (e.g., closer to 116), and wherein the central rack teeth are distributed along the central rail between the central rail proximal end and the central rail distal end (see fig. 15); and a central carriage (20) coupled to the first rail between the first rail first end and the first rail second end (see fig. 11 below), wherein the central carriage comprises a central carriage opening (e.g., at 42) and a central carriage pinion (109, see fig. 15), wherein the central rail passes through the central carriage opening (see fig. 8-10 and fig. 11 below), and wherein the central carriage pinion includes central carriage pinion teeth that engage the central rack teeth and move the central carriage along the central rail based on rotation of the central carriage pinion (see para. 237); a central retractor arm (e.g., 116) comprising a central retractor arm proximal end (e.g., at 120), a central retractor arm distal end (e.g., at 118), and wherein the central retractor arm proximal end is coupled to the central rail distal end (see fig. 15-16).
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Wooley does not appear to teach a first retractor blade track that runs longitudinally between the first retractor blade proximal end and the first retractor blade distal end; and a central retractor arm channel that extends through the central retractor arm distal end.
Eckhof, also drawn to retractor systems, teaches multiple types of connections between a retractor arm and a retractor blade (see fig. 30 and also see fig. 44 and 49 above), specifically, a first retractor blade track that runs longitudinally between the first retractor blade proximal end (see fig. 51 above) and the first retractor blade distal end (see fig. 51 above) and a retractor arm channel (1048) that extends through the retractor arm distal end in order to provide an alternate equivalent connection mechanism between a retractor arm channel (1048) and the retractor blade that provides the same function of securing the two together (see para. 77, last 4 lines).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the connection between the retractor arm and retractor blade of Wooley to include a first retractor blade track that runs longitudinally between the first retractor blade proximal end and the first retractor blade distal end; and a central retractor arm channel that extends through the central retractor arm distal end, in view of Eckhof, as a matter of engineering design choice, in order to provide a known alternate equivalent connection mechanism between the retractor arm channel and the retractor blade that provides the same function of securing the two together; a central retractor arm comprising a central retractor arm proximal end, a central retractor arm distal end, and a central retractor arm channel that extends through the central retractor arm distal end; and wherein the central retractor arm proximal end is coupled to the central rail distal end.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhof (US 20210401423), as applied to claim 1 above, in view of Rosenbaum (US 20190015089).
As for claim 12, Eckhof teaches an interference fit between the retractor arm and the retractor blade, but does not teach wherein: the first retractor blade track comprises slots distributed between a first retractor blade track proximal end and a first retractor blade track distal end; and the first retractor arm comprises a first retractor arm pawl that extends into the first retractor arm channel and engages a slot of the first retractor blade track.
Rosenbaum, also drawn to retractor systems, teaches a variety of alternate equivalent securements mechanisms, including interference fit (e.g., combinations of grooves, channels, recesses, posts, pins) and ratchets and pawls (see para. 49, fig. 4-5) in order to provide a known locking means between two elements in addition to the benefit of controllable adjustment as needed between the elements (see para. 49, fig. 4-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Eckhof the first retractor blade track comprises slots distributed between a first retractor blade track proximal end and a first retractor blade track distal end; and the first retractor arm comprises a first retractor arm pawl that extends into the first retractor arm channel and engages a slot of the first retractor blade track, in view of Rosenbaum, as a matter of engineering design choice, in order to provide a known locking means between two elements in addition to the benefit of controllable adjustment as needed between the elements.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhof (US 20210401423), as applied to claim 2 above, in view of Rosenbaum (US 20190015089).
As for claim 13, Eckhof (embodiment of fig. 37-51) does not appear to teach wherein the first retractor arm proximal end is coupled to the first carriage via a joint that permits rotation of the first retractor arm about an axis that extends longitudinally along the first retractor arm.
Eckhof teaches another embodiment (see fig. 8) wherein the first retractor arm (at 22) proximal end is coupled to the first carriage via a joint (with 126) that permits rotation of the first retractor arm about an axis that extends longitudinally along the first retractor arm (see para. 53) in order to allow the retractor arm to pivot relative to the carriage thereby also allowing adjustment of the retractor blade relative to the retractor system as needed (see para. 53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Eckhof (embodiment of fig. 37-51) wherein the first retractor arm proximal end is coupled to the first carriage via a joint that permits rotation of the first retractor arm about an axis that extends longitudinally along the first retractor arm, in view of Eckhof (embodiment of fig. 8), as a matter of engineering design choice, in order to allow the retractor arm to pivot relative to the carriage thereby also allowing adjustment of the retractor blade relative to the retractor system as needed.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eckhof (US 20210401423), as applied to claim 1 above, in view of Sava (US 5931777).
As for claims 15-16, Eckhof further teaches a second retractor arm comprising a second retractor arm proximal end and a second retractor arm distal end (see fig. 44, 49 above); and a second retractor blade coupled to the second retractor arm distal end (see para. 77) but does not appear to teach wherein the first retractor arm distal end comprises a first retractor arm attachment post; and wherein the second retractor arm distal end comprises a second retractor arm attachment post; comprising an accessory coupled to the first retractor arm and the second retractor arm via the first retractor arm attachment post and the second retractor arm attachment post; and comprising a third retractor blade coupled to the first retractor arm and the second retractor arm via the first retractor arm attachment post and the second retractor arm attachment post.
Sava, also drawn to surgical retractor systems, teaches connecting an accessory (180) and third retractor blade to each of two retractor arms and retractor blades (e.g., 122) via attachment posts (137) (see fig. 10 below) in order to provide a supplemental retractor blade at a position generally perpendicular to the retraction action provided by the retractor blades in a non-invasive manner (see col. 5 lines 28-54).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Eckhof to include connecting an accessory and third retractor blade to each of two retractor arms and retractor blades via attachment posts, in view of Sava, in order to provide a supplemental retractor blade at a position generally perpendicular to the retraction action provided by the retractor blades in a non-invasive manner.
As for wherein the first retractor arm distal end comprises a first retractor arm attachment post; and wherein the second retractor arm distal end comprises a second retractor arm attachment post, Eckhof, as modified by Sava, results in the attachment post connection between the retractor arms and respective retractor blade such that the attachment posts are located on the blades which then connect to the accessory rather than the attachment posts located on the retractor arms. However, as all three elements (retractor arms, retractor blades and accessory are connected to each other via the same connection element (attachments posts connecting to respective socket connections in the accessory/third retractor blade, see fig. 10 above), it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify Eckhof, as modified by Sava, wherein the first retractor arm distal end comprises a first retractor arm attachment post; and wherein the second retractor arm distal end comprises a second retractor arm attachment post, as the result of the connection element would not be modified and the rearrangement of parts would simply be a matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20170172556; US 5616117; US 8974381, US 7981031.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, 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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/TARA ROSE E CARTER/ Examiner, Art Unit 3773
/EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773