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
Claim 14 is objected to because of the following informalities:
Claim 14, lines 2 and 3, “against which stop face the proximal mandrin” seems to be missing some key words. It is believed to best read as –against which a stop face of the proximal mandrin portion--
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, 3-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Globerman et al. (US 2008/0200915; “Globerman”).
Claim 1, Globerman discloses a medical drilling apparatus (Figs. 1-4) comprising: a drill (Fig. 2) that is cannulated (Figs. 1-4; paragraph [0071]), the drill comprising a longitudinal channel extending coaxially with a longitudinal axis of the drill (Figs. 1-4; paragraph [0071]); a drilling apparatus coupling portion (Fig. 2; 26) at a proximal end (handle end) of the medical drilling apparatus, the drilling apparatus coupling portion configured for coupling to a handle or a drilling machine in a rotationally fixed manner (Fig. 4; a robot or other coupler could connect to handle 26 to turn the device); and a mandrin (Fig. 1; 10) comprising a proximal mandrin portion (16 and 18) and a distal mandrin portion (14), the distal mandrin portion configured for inserting into and closing the longitudinal channel of the drill over a length of the drill in a drilling position (Fig. 4), the drill further comprising a drill proximal end (Fig. 2; 26), a drill distal end (24), and a drill coupling portion in a region of the drill proximal end (where 26 points), and the drill coupling portion and the proximal mandrin portion forming the drilling apparatus coupling portion (Fig. 4; the handle region).
Claim 3, Globerman discloses the medical drilling apparatus according to claim 1, wherein the drill coupling portion has at least one drill entraining face (Fig. 2; opening on 26 where the stylet connects to), wherein the proximal mandrin portion has at least one mandrin entraining face (Fig. 1; outer surface 18 specifically the lower surface), and wherein the at least one drill entraining face and the at least one mandrin entraining face abut against one another in the drilling position (Fig. 4).
Claim 4, Globerman discloses the medical drilling apparatus according to claim 3, wherein the drill coupling portion comprises a coupling slot (Fig. 2; slot in the handle) extending in parallel (Fig. 2; note how the edges of the slot run parallel to the axis) to the longitudinal axis (Fig. 2), and wherein the proximal mandrin portion engages into the coupling slot in the drilling position (Fig. 4).
Claim 5, Globerman discloses the medical drilling apparatus according to claim 4, wherein, the coupling slot has two mutually facing slot faces (Fig. 2; side faces of the slot) that form the at least one mandrin entraining face and the at least one drill entraining face (Fig. 4).
Claim 6, Globerman discloses the medical drilling apparatus according to claim 3, wherein the drilling apparatus coupling portion has a coupling face (Fig. 2; side face of the slot) that extends in parallel to the longitudinal axis (Fig. 2) and transversely to the at least one drill entraining face (side faces are transverse to the bottom face of the slot).
Claim 7, Globerman discloses the medical drilling apparatus according to claim 6, wherein the coupling face is of planar or substantially planar configuration (Fig. 2) and comprises at least two coupling face portions (Figs. 1-4), wherein at least one of the at least two coupling face portions is formed by a side face (Fig. 2; side face of slot) of the drill coupling portion, and wherein at least one further one of the at least two coupling face portions is formed by a side face (Fig. 1; 18) of the proximal mandrin portion (Figs. 1-4).
Claim 8, Globerman discloses the medical drilling apparatus according to claim 3, wherein the at least one mandrin entraining face and the at least one drill entraining face extend in parallel to a mirror plane (Fig. 4; plane running between the bottom face of the stylet and the lower surface of the slot of handle 26) containing the longitudinal axis of the drill (Fig. 4).
Claim 9, Globerman discloses the medical drilling apparatus according to claim 1, wherein the distal mandrin portion has a cross-section that corresponds to a cross-section of the longitudinal channel (Fig. 4).
Claim 10, Globerman discloses the medical drilling apparatus according to claim 1, wherein the drilling apparatus coupling portion is of mirror-symmetrical configuration relative to a mirror plane containing the longitudinal axis of the drill (Fig. 4; note how the handle portion is symmetrical).
Claim 11, Globerman discloses the medical drilling apparatus according to claim 10, wherein the drill coupling portion and the proximal mandrin portion are each of mirror-symmetrical configuration relative to the mirror plane (Fig. 4).
Claim 12, Globerman discloses the medical drilling apparatus according to claim 1, wherein the mandrin and the drill are in engagement with one another in a rotationally fixed manner in the drilling position (Fig. 4; if you turn the handle both parts will turn together in unison).
Claim 13, Globerman discloses the medical drilling apparatus according to claim 1, wherein a depth stop (Fig. 2; bottom face of the slot) for the mandrin is arranged or formed on the drill for delimiting an insertion depth of the distal mandrin portion into the longitudinal channel (Fig. 4).
Claim 14, Globerman discloses the medical drilling apparatus according to claim 13, wherein the depth stop comprises a stop face (Fig. 2; bottom face of the slot) of the drill pointing in a proximal direction (Fig. 2), against which stop face the proximal mandrin portion abuts on a distal side in the drilling position (Fig. 4).
Claim 15, Globerman discloses the medical drilling apparatus according to claim 1, wherein the drilling apparatus coupling portion has a rotationally symmetrical basic shape (Fig. 4) and a lateral flattened portion (Fig. 2; side surfaces of the slot) extending in parallel to the longitudinal axis (Fig. 2).
Claim 17, Globerman discloses the medical drilling apparatus according to claim 1, wherein at least one coupling element (Fig. 2; outer surface of the handle) is arranged or formed on the drilling apparatus coupling portion capable of predetermining an axial position of the medical drilling apparatus and a handle or a drilling machine relative to one another (Fig. 2; the T shape allows for knowing how the device is turned).
Claim 18, Globerman discloses the medical drilling apparatus according to claim 1, wherein at least one handling element (Fig. 1; 18 and/or 16) is arranged or formed on the proximal mandrin portion (Fig. 1).
Claim 19, Globerman discloses a medical drilling system (Figs. 1-4) comprising: the medical drilling apparatus according to claim 1; and a handle (Fig. 3; 30) and/or a drilling machine (Fig. 3) for coupling to the medical drilling apparatus in a rotationally fixed manner (Figs. 1-4).
Claim 20, Globerman discloses the medical drilling system according to claim 19, wherein: a) the medical drilling system comprises at least one K-wire (Fig. 4; 10); and/or b) the handle and/or the drilling machine comprise a coupling device (Fig. 2; handle 26) capable of coupling to the drilling apparatus coupling portion in a force-locking and/or positive-locking manner in a coupling position (a robotic gripper can attach to the handle).
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) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Globerman et al. (US 2008/0200915; “Globerman”), in view of Bagga et al. (US 2004/0092946; “Bagga”).
Claim 2, Globerman discloses the medical drilling apparatus according to claim 1.
However, the handle/coupling portion is symmetrical.
Bagga teaches a handle/coupling portion (Fig. 1; 15) that is of rotationally asymmetrical configuration with respect to the longitudinal axis of the tool (Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the handle of Globerman asymmetric as taught by Bagga, since this a known-shape that can be used for a handle (Fig. 1; paragraph [0042]).
Claim 16, Globerman discloses the medical drilling apparatus according to claim 1.
However, the drill coupling portion and the mandrin are both symmetric to the longitudinal axis.
Bagga teaches two similar tools (Figs. 1; 10 and 11) that are each individually of rotationally asymmetrical configuration with respect to the longitudinal axis (Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the handle/couple portions of the drill and mandrin of Globerman to be asymmetrical, as taught by Bagga, since this structure is a known-shape that can be used for the handle/coupling portions (Fig. 1); paragraph [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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/Zade Coley/Primary Examiner, Art Unit 3775