DETAILED ACTION
This is the first office action on the merits in this application. The claims, as amended on May 30, 2024, are under consideration. Claims 3, 5-9, and 12-14 were amended. Claims 1-16 stand pending.
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 § 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 10-14 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 10 makes reference to “the elongate portion” at lines 2-3. This limitation lacks antecedent basis in the claims. Examiner suggests this may have been referring to “the body” of claim 1. Correction is required.
Claim 12 includes the limitation “for instance”. Examiner is unclear if the limitations following that phrase are required to be considered. This limitation renders the scope of the claim indefinite. Clarification 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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Biedermann et al. (US 2017/0056194 A1).
Regarding claim 1, Biedermann teaches a surgical instrument extraction device 50, the extraction device comprising:
a body 51;
a first mounting location provided at the proximal end of the body (at threads where 60 is mounted onto 51 [0078]);
a second mounting location (portion seen in fig. 3A) provided at the distal end of the body 51;
wherein the second mounting location includes an engagement element 53 capable of use for the surgical instrument to be extracted in use, the engagement element 53 having a first extent (see fig. 3E, left and right sides of 53) between a first pair of points on opposite sides of the engagement element and having a second extent (up/down on 53 in fig. 3E) between a second different pair of points on opposite sides of the engagement element, wherein the first extent is greater than the second extent, the engagement element further including one or more non-planar surfaces 57.
Regarding claim 2, the one or more non-planar surface sections include part-spherical surface sections 57. [0079]
Regarding claim 3, the non-planar surfaces provide one or more engagement surface sections (57 is seen engaging another device 1 as in fig. 1).
Regarding claim 4, one or more non-planar engagement surface sections 57 are provided adjacent a junction 62 between the second mounting location and the body 51. See fig. 3C.
Regarding claim 5, one or more non-planar engagement surface sections 57 are provided distal a junction at 62 between the second mounting location and the body 51.
Regarding claim 6, the one or more non-planar surfaces 57 comprise one or more surface sections which lie on a common sphere [0079].
Regarding claim 7, the engagement element 53 comprises one or more planar other surface sections 61.
Regarding claim 8, the engagement element 53 comprises two planar other surface sections 61 which extend parallel to the longitudinal axis of the extraction device 50.
Regarding claim 9, the engagement element 53 has the profile of a sphere at 57 with one or more spherical caps removed at 61.
Regarding claim 10, the plane defining a second spherical cap removed is a first planar other surface 61. (Other alternatives are not considered since once a single alternative and/or is met, the other alternatives need not be further considered).
Regarding claim 11, the first planar other surface 61 extends parallel to the longitudinal axis of the extraction device 50.
Regarding claim 12, as best understood, the first extent is between a first pair of points on two different non-planar surfaces of 57.
Regarding claim 13, the body 51 includes a body portion 62 and an includes an elongate portion 63, together with a transition portion 56 that connects the body portion 62 to the elongate portion 63.
Regarding claim 14, the first mounting location at the threads receiving 60 is adapted to connect the extraction device to the distal end of a tool (some other nut, and other properly configured structures, besides 60 can be coupled here).
Regarding claim 15, the claim requires a kit including the device of claim 1, and additional limitations. The limitations of claim 1 are taught, as above. Biedermann further includes a tool 60 for attachment to the first mounting location (threads) of the surgical instrument extraction device. (There is no reason a nut cannot be said to be a tool, as presently claimed).
Regarding claim 16, the tool 60 further includes one or more abutment surfaces (flats seen on 60 for driving the nut).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID W BATES/Primary Examiner, Art Unit 3799