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 .
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) 11-15, 17-18 and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 3427021 cited by applicant, DE’021 discloses all of the claim elements including a magnetic surgical apparatus comprising a magnetic body (fixing element 20) configured for internal placement within a patient body, and an attachment apparatus (positioning device 2) coupled to the magnetic body (paragraph [0013] lines 5-6). The arm of claim 17 can be cannula 8 and the handle of the same claim can be handpiece 4. The openings of claims 20 and 21 can be the grip elements disclosed in the last-but-one sentence of paragraph [0013].
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) 19 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE ‘021. DE ‘021 may not disclose the permanent coupling of claim 19 or the specific dimensions of claim 23. However, the missing features are within the level of skill of one having ordinary skill in the art to provide and/or are conventional. For example, given the intended use of the base reference attachment apparatus, one of ordinary skill in the art has the skill to provide it in the claimed dimensions. Therefore, it would have been obvious in view of the disclosure in DE ‘021 to provide the apparatus therein with the missing features in order to provide for the apparatus to be properly employed with different patients or in procedures that may differ somewhat from those specifically disclosed in the reference.
Claims 1-9 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736
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