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 .
This is a non-final Office Action for serial number 18/815,314, Instrument Holder, filed on August 26, 2024.
Claim Objections
Claim 1 is objected to because of the following informalities: line 4, “engaging a one” should be changed to – engaging one --. Appropriate correction is required.
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 5—10, and 14-15 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 "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "said vertical support" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-2 are allowed.
The prior art fails to disclose the following limitations of claim 1 – vertical support bar for engaging one of the instrument apertures.
Claim 5-10, 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the prior art fails to disclose wherein the plurality of apertures are cylindrical and a plurality of grooves around the aperture.
Regarding claim 4, the prior art fails to disclose wherein a plurality of positioning slot walls extending above and below the tension bar.
Claims 11-13 are allowed.
The prior art fails to disclose wherein the tension bar having a plurality of angled apertures and a plurality of retractor positioning slots arranged for engaging the retractor.
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 11,426,153 – System For Retracting Tissue
U.S. Patent No. 6,602,190 – Retractor Holder
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD M. EPPS whose telephone number is (571) 272-8282. The examiner can normally be reached Monday-Friday 8am - 5pm.
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/TODD M EPPS/Primary Examiner, Art Unit 3632 January 6, 2026
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