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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 01 June 2026. As directed by the amendment: claims 1-3 and 5-12 have been amended, and claims 4 and 13-23 stand withdrawn. Claims 1-23 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the previous drawing objection, which is accordingly withdrawn.
The amendments to the claims are sufficient to overcome the previous claim objections, but further claim objections are presented below as necessitated by the current claim amendments.
The amendments to the claims are sufficient to overcome the previous rejections under 35 U.S.C. 112(b), which are accordingly withdrawn.
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 6 and 9 are objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
Claim 6 / line 4: “extends away from”
Claim 9 / line 14: “the at least one arm comprises at least two arms, the distal paddle comprises an elongated member having the at least two arms”
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.
Claims 1-3 and 5-12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WIPO International Application Publication No. WO 2009/091615 to Dudasik.
As to claim 1, Dudasik discloses an elevator tool for preparing a surgical site for an implant device (interpreted as language of intended use; fully capable of use as an elevator tool), FIGS. 25A-26E, the elevator tool comprising: a paddle handle assembly (422A, 422B) (par. [0169]-[0170]), FIG. 25B; a distal paddle (408), FIG. 25A; an inner shaft (420) coupling the paddle handle assembly to the distal paddle, FIG. 25B, whereby the paddle handle assembly influences a movement of the distal paddle (since the distal paddle is fixed to the paddle handle assembly via the inner shaft, movement of the paddle handle assembly results in movement of the distal paddle); the distal paddle comprising at least one arm (one side of 408) rigidly extending generally orthogonal (to the right or left) to a longitudinal axis of the inner shaft, FIG. 25D; and a positioning grip (432) extending between the paddle handle assembly and the distal paddle (at least part of the positioning grip extends between the paddle handle assembly and the distal paddle, FIG. 26E) whereby the positioning grip influences a position of the distal paddle (when locked together as in FIG. 26E, movement of the positioning grip would cause movement of the distal paddle, thus influencing its position; rotating the positioning grip influences whether the distal paddle is locked relative to the positioning grip and thus influences its relative position).
As to claim 2, Dudasik discloses the elevator tool of claim 1 wherein: the positioning grip comprises an outer sleeve (tube part of 432), FIG. 26D; the outer sleeve having a receiving portion (inner cannulation of tube part of 432); and the inner shaft extending through the receiving portion of the outer sleeve, FIG. 26D; and the at least one arm of the distal paddle rigidly extending by a length (to the right or left) from a rotational axis whereby the at least one arm prevents the distal paddle from being received in the receiving portion of the outer sleeve, FIG. 26E.
As to claim 3, Dudasik discloses the elevator tool of claim 2 wherein: an elevator tool longitudinal axis (longitudinal axis of 420) extending between the paddle handle assembly and the distal paddle; the outer sleeve having a sleeve height and a sleeve width generally perpendicular to the elevator tool longitudinal axis; the outer sleeve is coupled to a shell (T-handle on proximal end of 432); an outer surface of the shell defining a shell height and a shell width generally perpendicular to the elevator tool longitudinal axis; one of the shell height and the shell width being larger than either of the sleeve height or the sleeve width (the end-to-end dimension of the shell, which may be interpreted as the shell height or shell width, is larger than the sleeve height and the sleeve width), FIG. 26C; the shell having a receiving portion (inner cannulation at the proximal end of 432 interior to the T-handle); and the inner shaft extending through the receiving portion of the shell, FIG. 26D.
As to claim 5, Dudasik discloses the elevator tool of claim 1 further comprising: a lock (grooves in 432 that receive 422A, 422B) coupled to the positioning grip (where the term coupled is commonly understood to mean joined or combined; the lock is integrally joined or combined with the positioning grip); the paddle handle assembly (422A, 422B) comprising a handle (422A, 422B; because the projections 422A and 422B protrude from the inner shaft and are handleable, they are a handle); and the lock configured to engage the handle whereby when the lock is engaged with the handle, the handle and the distal paddle are maintained in a locked position relative to the positioning grip (par. [0170]), FIGS. 26A-26E.
As to claim 6, Dudasik discloses the elevator tool of claim 1 wherein: the distal paddle comprises an elongated member having the at least one arm extending from a rotational axis, FIG. 25D; the at least one arm rigidly extends from the rotational axis; and the at least one arm is configured to be rotated at least about 90 degrees about the rotational axis by the paddle handle assembly (the at least one arm and the inner shaft to which it is attached are capable of being rotated by the paddle handle assembly about the central rotational axis of the inner shaft since the paddle handle assembly is also attached to the inner shaft, at least about 90 degrees and a full 360 degrees, since the entire device as a whole can be rotated freely in space by handling of the paddle handle assembly since the paddle handle assembly, distal paddle, and inner shaft are integrally connected).
As to claim 7, Dudasik discloses the elevator tool of claim 1 wherein: the distal paddle comprises an elongated member having the at least one arm extending from a rotational axis, FIG. 25D; and the at least one arm is configured to be rotated at least about 180 degrees about the rotational axis by the paddle handle assembly (the at least one arm and the inner shaft to which it is attached are capable of being rotated by the paddle handle assembly about the central rotational axis of the inner shaft since the paddle handle assembly is also attached to the inner shaft, at least about 90 degrees and a full 360 degrees, since the entire device as a whole can be rotated freely in space by handling of the paddle handle assembly since the paddle handle assembly, distal paddle, and inner shaft are integrally connected).
As to claim 8, Dudasik discloses the elevator tool of claim 1 wherein: the distal paddle comprises an elongated member having the at least one arm extending from a rotational axis, FIG. 25D; and the at least one arm is configured to be rotated at least about 360 degrees by the paddle handle assembly (the at least one arm and the inner shaft to which it is attached are capable of being rotated by the paddle handle assembly about the central rotational axis of the inner shaft since the paddle handle assembly is also attached to the inner shaft, at least about 90 degrees and a full 360 degrees, since the entire device as a whole can be rotated freely in space by handling of the paddle handle assembly since the paddle handle assembly, distal paddle, and inner shaft are integrally connected).
As to claim 9, Dudasik discloses the elevator tool of claim 1 wherein: the positioning grip comprises an outer sleeve (tube part of 432), FIG. 26D; the outer sleeve having a receiving portion (inner cannulation of tube part of 432); the outer sleeve coupled to a shell (T-handle on proximal end of 432); the shell having a receiving portion (inner cannulation at the proximal end of 432 interior to the T-handle; the inner shaft extending through the receiving portion of the outer sleeve and the receiving portion of the shell, FIG. 26D; the paddle handle assembly comprises a handle (422A, 422B; because the projections 422A and 422B protrude from the inner shaft and are handleable, they are a handle) coupled to the distal paddle with the inner shaft (since both the handle and the distal paddle are coupled to the inner shaft); the elevator tool further comprises a lock (grooves in 432 that receive 422A, 422B) coupled to the positioning grip (where the term coupled is commonly understood to mean joined or combined; the lock is integrally joined or combined with the positioning grip); the lock configured to engage the handle whereby when the lock is engaged with the handle, the handle and the distal paddle are maintained in a locked position relative to the positioning grip (par. [0170]), FIGS. 26A-26E; the distal paddle comprises an elongated member having at least two arms (sides of 408 extending to the right and left) extending from a rotational axis, FIG. 25D; and the at least two arms are configured to be rotated at least about 180 degrees about the rotational axis by the handle (the at least two arms and the inner shaft to which it is attached are capable of being rotated by the handle about the central rotational axis of the inner shaft since the handle is also attached to the inner shaft, at least about 180 degrees and a full 360 degrees, since the entire device as a whole can be rotated freely in space by handling of the handle since the handle, distal paddle, and inner shaft are integrally connected) whereby the at least two arms are configured to remove obstructions on a contralateral side of a vertebral body by manipulating the handle oriented on an ipsilateral side of the vertebral body (interpreted as language of intended use; the arms are fully capable of removing obstructions if placed adjacently to the obstructions to push or scrape the obstructions, and the arms are fully capable of action on a contralateral side of a vertebral body by manipulating the handle oriented on the ipsilateral side of the vertebral body since the inner shaft is elongated between the handle and the distal paddle arms and can extend across the vertebral body and transfer movement from the handle to the arms).
As to claim 10, Dudasik discloses an elevator tool for use in preparing a contralateral side of a vertebral body for an orthopedic implant (interpreted as language of intended use; fully capable of use as an elevator tool for use in preparing any side of a tissue where it is placed), the elevator tool, FIGS. 25A-26E, comprising: a paddle handle assembly (422A, 422B) (par. [0169]-[0170]), FIG. 25B; a distal paddle (408), FIG. 25A; the paddle handle assembly operably coupled to the distal paddle (via inner shaft 420) whereby the paddle handle assembly influences a movement of the distal paddle (since the distal paddle is fixed to the paddle handle assembly via the inner shaft, movement of the paddle handle assembly results in movement of the distal paddle); a positioning grip (432) extending between the paddle handle assembly and the distal paddle (at least part of the positioning grip extends between the paddle handle assembly and the distal paddle, FIG. 26E) whereby the positioning grip influences a position of the distal paddle (when locked together as in FIG. 26E, movement of the positioning grip would cause movement of the distal paddle, thus influencing its position; rotating the positioning grip influences whether the distal paddle is locked relative to the positioning grip and thus influences its relative position); the positioning grip comprises an outer sleeve (tube part of 432), FIG. 26D; the outer sleeve having a receiving portion (inner cannulation of tube part of 432); the outer sleeve coupled to a shell (T-handle on proximal end of 432); the shell having a receiving portion (inner cannulation at the proximal end of 432 interior to the T-handle); the paddle handle assembly is coupled to the distal paddle with an inner shaft (420) extending through the receiving portion of the outer sleeve and the receiving portion of the shell, FIG. 26D; the paddle handle assembly comprises a handle (422A, 422B; because the projections 422A and 422B protrude from the inner shaft and are handleable, they are a handle) coupled to the distal paddle with the inner shaft, FIG. 25B; the distal paddle comprises an elongated member having at least one arm (one side of 408) rigidly extending generally orthogonal (to the right or left) to the inner shaft, FIG. 25D, whereby the inner shaft defines a rotational axis of the elongated member; and the at least one arm is configured to be rotated by the handle about the rotational axis (the at least one arm and the inner shaft to which it is attached are capable of being rotated by the handle about the central rotational axis of the inner shaft since the handle is also attached to the inner shaft, at least about 180 degrees and a full 360 degrees, since the entire device as a whole can be rotated freely in space by handling of the handle since the handle, distal paddle, and inner shaft are integrally connected) whereby the at least one arm is configured to remove obstructions on the contralateral side of the vertebral body by manipulating the handle from a position oriented on an ipsilateral side of the vertebral body (interpreted as language of intended use; the at least one arm is fully capable of removing obstructions if placed adjacently to the obstructions to push or scrape the obstructions, and the at least one arm is fully capable of action on a contralateral side of a vertebral body by manipulating the handle oriented on the ipsilateral side of the vertebral body since the inner shaft is elongated between the handle and the distal paddle arms and can extend across the vertebral body and transfer movement from the handle to the arms).
As to claim 11, Dudasik discloses the elevator tool of claim 10 wherein: the elevator tool further comprises a lock (grooves in 432 that receive 422A, 422B) coupled to the positioning grip (where the term coupled is commonly understood to mean joined or combined; the lock is integrally joined or combined with the positioning grip); and the lock configured to engage the handle whereby when the lock is engaged with the handle, the handle and the distal paddle are maintained in a locked position relative to the positioning grip (par. [0170]), FIGS. 26A-26E, and when the lock is not engaged with the handle, the inner shaft is able to rotate within the receiving portion of the outer sleeve and the handle and the distal paddle are able to rotate relative to the outer sleeve (e.g. into the locked position, par. [0170]).
As to claim 12, Dudasik discloses the elevator tool of claim 11 wherein the at least one arm is configured to be rotated through a 360 degree rotation when the lock is not engaged with the handle (when the lock is not engaged with the handle, the at least one arm is capable of being rotated freely along with the rest of the device through a 360 degree rotation).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong, can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRACY L KAMIKAWA/Examiner, Art Unit 3775
Prosecution Insights