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 .
Election/Restrictions
Applicant’s election of Species A, claims 1-5 and 40, in the reply filed on 2/9/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 6-39 and 41-43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B, C and D, there being no allowable generic or linking claim. The requirement is still deemed proper and is therefore made FINAL.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over US 20100292701 A1 Fisher et al. (hereinafter Fisher) in view of US 10906108 B2 Rubens et al. (hereinafter Rubens).
Regarding claim 1, Fisher discloses a cutting device (201, Fig. 2a-b) comprising:
a working blade body (213, Fig. 4b) being configured for operable connection to a source of movement (710, Fig. 7-9b, paragraph 95); and
a static component (204, Fig. 2a-b) being configured for operable connection to the source of movement (paragraph 68, 98, as seen in Fig. 8b-9b, proximal end 204b of the static component 204 has a drive unit coupling member 212 that is connected to the drive unit 710), wherein the static component comprises an upper portion (204c, Fig. 4b-e) and a lower portion (204d, Fig. 4b-e) that encloses the working blade body (paragraph 61, 68, as seen in Fig. 4a-e).
Fisher is silent on wherein the upper portion and the lower portion are detachable from each other.
However, Rubens teaches a blade accessory guide (106, Fig. 3b-4b) that comprises an upper portion (108, Fig. 4c-8) and a lower portion (110, Fig. 4c-8) wherein the upper portion and the lower portion are detachable from each other (seen in Fig. 7-8, col. 7 line 10-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fisher with Rubens to have wherein the upper portion and the lower portion are detachable from each other in order to provide ease of replacement, cleaning and disuse as disclosed by Rubens (col. 10 line 30-32).
Regarding claim 2, the combination of Fisher and Rubens teaches the limitations of claim 1, and Rubens further discloses wherein a distal portion of the upper portion or lower portion is detachable (Fig. 7-8, col. 7 line 10-23, the distal portion of the upper portion (108) is detachable from the lower portion (110) and the distal portion of the lower portion (110) is detachable from the upper portion (108)).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Rubens as applied to claim 1 above, and further in view of US 20190314040 A1 Greenhalgh et al. (hereinafter Greenhalgh).
Regarding claim 3, the combination of Fisher and Rubens teaches the limitations of claim 1.
The combination is silent on wherein one of the upper portion and the lower portion defines at least one protrusion that fits to at least one corresponding aperture of the other of the upper portion of the lower portion.
However, Greenhalgh teaches a bone graft filling container (2240, Fig. 49a-d) having a upper portion (2244) and a lower portion (2246), the lower portion having protrusions (2249) that fits into corresponding apertures of the upper portion (paragraph 357, shafts 2247 of the upper portion 2244 are hollow and configured to align with and receive the posts 2249 of lower portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modification of Fisher with Rubens with the teachings of Greenhalgh to have wherein one of the upper portion and the lower portion defines at least one protrusion that fits to at least one corresponding aperture of the other of the upper portion of the lower portion, in order to provide a secure attachment of the upper portion and lower portion.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Rubens as applied to claim 1 above, and further in view of US 20160228093 A1 Seo et al. (hereinafter Seo).
Regarding claim 4, the combination of Fisher and Rubens teaches the limitations of claim 1.
The combination is silent on wherein the upper portion and the lower portion comprises magnetic components for attaching to each other.
However, Seo teaches an echographic apparatus having an upper portion (600, Fig. 7-8b) comprising a magnet (650), a lower portion (500) comprising a magnet (550), the upper portion and lower portion are attached via magnetic force (paragraph 87-88).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modification of Fisher with Rubens with the teachings of Seo to have wherein the upper portion and the lower portion comprises magnetic components for attaching to each other in order to provide a secure attachment of the upper portion and lower portion.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Rubens as applied to claim 1 above, and further in view of US 20180256395 A1 Escaf et al. (hereinafter Escaf).
Regarding claim 5, the combination of Fisher and Rubens teaches the limitations of claim 1.
The combination is silent on wherein the upper portion and the lower portion define slide features for attaching to each other.
However, Escaf teaches a system for viscoelastic container support that comprises an upper portion (174, Fig. 11a, 12), a lower portion (184, Fig. 11a, 13), the upper portion and lower portion defining slide features for attaching to each other (paragraph 167, 169, Fig. 12-13, the lower portion 184 has an elongated rail 198 that slidingly corresponds with the recess 182 of the upper portion 174 for attachment of the upper portion and lower portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the modification of Fisher with Rubens with the teachings of Escaf to have wherein the upper portion and the lower portion define slide features for attaching to each other in order to provide a secure attachment of the upper portion and lower portion.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Fisher in view of Rubens.
Regarding claim 40, Fisher discloses a method (paragraph 31, 34) comprising:
providing a cutting device (201, Fig. 2a-b) comprising:
a working blade body (213, Fig. 4b) being configured for operable connection to a source of movement (710, Fig. 7-9b, paragraph 95); and
a static component (204, Fig. 2a-b) being configured for operable connection to the source of movement (paragraph 68, 98, as seen in Fig. 8b-9b, proximal end 204b of the static component 204 has a drive unit coupling member 212 that is connected to the drive unit 710), wherein the static component comprises an upper portion (204c, Fig. 4b-e) and a lower portion (204d, Fig. 4b-e) that encloses the working blade body (paragraph 61, 68, as seen in Fig. 4a-e); and using the cutting device to cut into an object (paragraph 31, 31).
Fisher is silent on wherein the upper portion and the lower portion are detachable from each other.
However, Rubens teaches a blade accessory guide (106, Fig. 3b-4b) that comprises an upper portion (108, Fig. 4c-8) and a lower portion (110, Fig. 4c-8) wherein the upper portion and the lower portion are detachable from each other (seen in Fig. 7-8, col. 7 line 10-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fisher with Rubens to have wherein the upper portion and the lower portion are detachable from each other in order to provide ease of replacement, cleaning and disuse as disclosed by Rubens (col. 10 line 30-32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
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/KHOA TAN LE/Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771