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 for Election/Restrictions
Applicant’s election without traverse of Group III (claim 16) in the reply filed on 7/31/2026 is acknowledged. Claims 16 and 18-30 read on the elected invention.
Election was made without traverse in the reply filed on 7/31/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 16, 23-27 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilshke (US Pub No. 2019/0000488).
Regarding claim 16, Wilshke discloses (Figures 1-2B and 5) a surgical instrument (Figure 1) comprising: an actuation device (10) including a base body (12) having a base body attachment portion (locking mechanism at the tip of 12 as shown in Figure 5), and a slide (18) having a slide attachment portion (locking mechanism at the tip of 18 as shown in Figure 5), wherein the slide is configured to be brought into an attachment position (retracted position as shown in Figure 5) by at least partial longitudinal displacement relative to the base body (from an extended position to the retracted position since slide 18 can freely translate distally or proximally); and a medical tool tip (42, 44) (Figure 5), wherein the medical tool tip includes: a first tip part (42) having a first attachment portion (210) for toolless attachment of the first tip part to the base body attachment portion of the base body of the actuation device (Figure 5) (Paragraph 0034), and a second tip part (44) having a second attachment portion (220) for toolless attachment of the second tip part to the slide of the actuation device (Figure 5) (Paragraph 0034), wherein the second tip part is at least partially longitudinally displaceably attached to the first tip part (Paragraph 0034), wherein the first and second attachment portions are configured such that the second tip part is configured to be attached to the slide only when the first tip part has already been attached to the base body (Paragraph 0034) [Fully configured in doing this since Wilshke discloses all of the structural elements in the same arrangement as claimed. Also, the examiner wants to note that there is nothing in Wilshke that restricts the second tip part being attached to the slide only after the first tip part has already been attached to the base body], and wherein the actuation device is configured such that, when the first tip part is attached to the base body, the second tip part is configured to be connected to the slide in the slide attachment portion by at least partial longitudinal displacement of the slide out of the attachment position (when the slide 18 moves out of the retracted position to the extended position which at then, the second tip part is fully configured in being connected to the slide in the slide attachment portion).
Regarding claim 23, wherein a contour of the base body attachment portion and a contour of the slide attachment portion at least partially substantially align with one another when the slide is in the attachment position (clearly shown in Figure 5).
Regarding claim 24, wherein: the base body has a base body top side (clearly shown in Figure 5) facing the slide with a flat base body sliding face; the slide has a slide underside (clearly shown in Figure 5) facing the base body with a flat slide sliding face, via which the slide at least partially slides along the base body sliding face on a longitudinal displacement relative to the base body (Paragraph 0034); and the base body sliding face and the slide sliding face at least partially substantially align with one another when the slide is in the attachment position (clearly shown in Figure 5).
Regarding claim 25, wherein the base body attachment portion has a base body recess (202), and the slide attachment portion has a slide recess (222), which at least partially substantially align with one another in the attachment position (both the distal ends of the base body recess 202 and the slide recess 222 align with one another in the attachment position as shown in Figure 5).
Regarding claim 26, wherein the slide attachment portion is configured to secure the first tip part attached to the base body attachment portion (Figure 5) (Paragraph 0034) [The slide attachment portion is configured to indirectly secure the first tip part attached to the base body attachment portion since the first tip part 42 is directly attached to the second tip part 44 via guide 234 and the second tip part is directly attached to the slide attachment portion via the second attachment portion 220].
Regarding claim 27, wherein the slide is configured to release the first tip part attached to the base body attachment portion in the attachment position (Figure 5) (Paragraph 0034) [Since the first tip part is directly attached to the second tip part via guide 234 but is indirectly attached to the slide, then by releasing the second tip part from the slide would result in the slide to indirectly release the first tip part attached to the base body attachment portion in the attachment position].
Regarding claim 30, wherein the slide attachment portion is configured to engage on the second tip part for attachment (Figure 5) (Paragraph 0034).
Claims 16, 18-22 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boury (US Pub No. 2004/0044346).
Regarding claim 16, Boury discloses (Figures 1-8) a surgical instrument (Figure 1) comprising: an actuation device (100) including a base body (214) having a base body attachment portion (locking mechanism at the tip of 214 as shown in Figure 4), and a slide (212) having a slide attachment portion (locking mechanism at the tip of 212 as shown in Figure 4), wherein the slide is configured to be brought into an attachment position (retracted position) by at least partial longitudinal displacement relative to the base body (from an extended position to the retracted position since slide 212 can freely translate distally or proximally); and a medical tool tip (240, 270) (Figure 4), wherein the medical tool tip includes: a first tip part (270) having a first attachment portion (150) for toolless attachment of the first tip part to the base body attachment portion of the base body of the actuation device (Figure 4) (Paragraph 0035), and a second tip part (240) having a second attachment portion (250) for toolless attachment of the second tip part to the slide of the actuation device (Figure 4) (Paragraph 0035), wherein the second tip part is at least partially longitudinally displaceably attached to the first tip part (Figure 3) (Paragraphs 0028 and 0033), wherein the first and second attachment portions are configured such that the second tip part is configured to be attached to the slide only when the first tip part has already been attached to the base body (Paragraph 0035) [Fully configured in doing this since Boury discloses all of the structural elements in the same arrangement as claimed. Also, the examiner wants to note that there is nothing in Boury that restricts the second tip part being attached to the slide only after the first tip part has already been attached to the base body], and wherein the actuation device is configured such that, when the first tip part is attached to the base body, the second tip part is configured to be connected to the slide in the slide attachment portion by at least partial longitudinal displacement of the slide out of the attachment position (when the slide 212 moves out of the retracted position to the extended position which at then, the second tip part is fully configured in being connected to the slide in the slide attachment portion).
Regarding claim 18, wherein the first attachment portion and the second attachment portion of the tool tip have at least partially a same contour (both have bulges 150, 250 as shown in Figure 4).
Regarding claim 19, wherein: the first tip part has a top side which faces the second tip part and has a flat first contact face (face where 238A extends as shown in Figure 4); the second tip part has an underside which faces the first tip part and has a flat second contact face (236A), via which the second tip part contacts the first contact face in at least one operating position (Figures 3-4); and the first contact face and the second contact face are at least partially similarly formed (both are flat as shown in Figures 3-4).
Regarding claim 20, wherein: the first attachment portion has a first protrusion (bulge 150 as shown in Figure 4) which, running longitudinally, adjoins a proximal end of the first tip part (Figure 4) and has a top side with a flat top side face (Figure 4); the second attachment portion has a second protrusion (bulge 250 as shown in Figure 4) which, running longitudinally, adjoins a proximal end of the second tip part (Figure 4) and has an underside with a flat underside face which is oriented substantially parallel to the top side face (Figures 3-6); and the first and second protrusions have respective side walls (see annotated figure below) which run substantially perpendicularly to the top side face and underside face and are formed similarly uneven (similar shape but with different sizes as shown in Figures 3-4).
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Regarding claim 21, wherein: the first tip part in the first attachment portion has a top side with a top side face and a first bulge (150) (Figure 4), which runs transversely to a surface normal of the top side face (Figure 4); and the second tip part in the second attachment portion has an underside with an underside face facing the top side face and a second bulge (250) (Figure 4), which runs transversely to a surface normal of the underside face and is formed similarly to the first bulge (Figure 4).
Regarding claim 22, wherein the first tip part and the second tip part each have a convex curvature in a region of the respective first or second bulge (Figure 4).
Regarding claim 28, wherein the slide in the slide attachment portion is formed as a fork (258) for at least partially surrounding the second tip part (Figure 4).
Allowable Subject Matter
Claim 29 is 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.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The prior art of record fails to disclose or render obvious the combination of features as claimed. In particular, the prior art or record (see rejection above) fails to disclose wherein the slide attachment portion has two fork tines which are designed to be deformable for attaching the second tip part by longitudinal displacement of the slide (claim 29).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771
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