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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The particular reference is WO2021/062558 as referred to in para 58 of the specification.
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 1-4, 6-17, and 20-23 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 1 recites the limitation "a direction" twice in lines 17 and 21. Claim 14 recites the limitation “a direction” in lines 6 and 7, and is dependent on claim 1. A limitation should only be positively recited once in a claim. For the purpose of examination, it has been assumed that the recitations in line 21 of claim 1 and in claim 4 should read “the direction.”
Claim 3 recites the limitation "the recess" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed the limitation should read “the at least one tapered recess.”
Claim 8 recites the limitation "the second jaw component" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed the limitation should read “the second jaw portion.”
Claim 15 recites the limitation "the abutting member" in lines 6 and 9. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed the limitation should read “the at least one abutting member.”
Claim 21 recites the limitation "a direction" twice in lines 14 and 18. A limitation should only be positively recited once in a claim. For the purpose of examination, it has been assumed that the recitation in line 18 should read “the direction.”
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-4, 6-17, and 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurimoto et al. EP 2154382 A1 (herein Kurimoto).
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Kurimoto Figure 7, annotated
Regarding claim 1, Kurimoto teaches a fixing system (20) comprising: a first jaw portion (combination of 1 and 2) comprising: a body (2) with a first end and a second end, a channel (interior of 2) defined in the body (2) and extending from the first end to the second end, the channel (interior of 2) having an internal threaded portion (2a); a mounting interface (1) extending from the first end of the body (2) and having a mounting surface (surface of 1 that contacts 122 in figure 6) for attaching a device (122) thereto; a first jaw (1a) with a first clamp surface (1m), the first jaw (1a) extending from the mounting interface (1); and a second jaw portion (see annotated fig 7) operatively connected to the first jaw portion (combination of 1 and 2), the second jaw portion (see annotated figure 7) having a jaw end (end that contains 8) and a handle end (end that contains 9), and the second jaw portion (see annotated figure 7) comprising: at the handle end (end that contains 9), a handle component (3) at least partially received in the channel (interior of 2) at the second end of the body (2), the handle component (3) having a central handle axis and a handle channel (interior of 3) defined in the handle component (3); at the jaw end (end that contains 8), a second jaw (8) connected to the handle component (3), the second jaw (8) having a second clamp surface (8m) facing the first clamp surface (1m), the second jaw (8) being moveable towards and away from the first jaw (1a) in a direction parallel to the central handle axis; a rod (5) at least partially received in the handle channel (interior of 3), extending from the handle end (end that includes 9) towards the jaw end (end that includes 8), and connected to the second jaw (8), the rod (5) being selectively moveable relative to the handle component (3) in the direction parallel to the central handle axis between an actuated position (see figure 8B) and a non-actuated position (see figure 8A); and at least one connector (4) connected to the handle component (3) and having a first engaging portion (4a) which is selectively engageable with the internal threaded portion (2a) responsive to movement of the rod (5) between the actuated position (see figure 8B) and the non-actuated position (see figure 8A), the at least one connector (4) being moveable between: a disengaged position (see figure 8B) in which the first engaging portion (4a) is disengaged from the internal threaded portion (2a) permitting movement of the second jaw (8) parallel to the central handle axis, and an engaged position (see figure 8A) in which the at least one connector (4) is engaged with the internal threaded portion (2a) and movement of the second jaw (8) parallel to the central handle axis is restricted upon application of a force to the handle component (3) parallel to the central handle axis, a resilient member (6) operatively connected to the rod (5), the resilient member (6) biasing the rod (5) toward the non-actuated position (see Figure 8A).
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Kurimoto Figure 8C, annotated
Regarding claim 2, Kurimoto teaches rod (5) defines at least one tapered recess (51) in a longitudinal face of the rod (5), the at least one connector (4) has a second engaging portion (see annotated figure 8C) received in the at least one tapered recess (51), and as the rod (5) moves between the actuated (see figure 8B) and non-actuated positions (see figure 8A), the at least one tapered recess (51) is shaped so as to guide the movement of the at least one connector (4) between the disengaged (see figure 8B) and engaged positions (see figure 8A).
Regarding claim 3, Kurimoto teaches the at least one tapered recess (51) has a first recess face (see annotated figure 8C) and a second recess face (see annotated figure 8C), the first and second recess faces (see annotated figure 8C) being inclined and meeting at a point defining a deepest part of the at least one tapered recess (51).
Regarding claim 4, Kurimoto teaches the second engaging portion (see annotated figure 8C) comprises a first engaging face (see annotated figure 8C) and a second engaging face (see annotated figure 8C), the first (see annotated figure 8C) and second engaging faces (see annotated figure 8C) meeting at a top of the second engaging portion (see annotated figure 8C), and wherein the first engaging face (see annotated figure 8C) of the second engaging portion (see annotated figure 8C) is configured to selectively contact the first recess face (see annotated figure 8C), and the second engaging face (see annotated figure 8C) of the second engaging portion (see annotated figure 8C) is configured to selectively contact the second recess face (see annotated figure 8C).
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Kurimoto Figure 5B
Regarding claim 6, the at least one connector (4) includes a first connector (element 4 depicted in the top half of figure 5B) and a second connector (element 4 depicted in the bottom half of figure 5B), and the at least one tapered recess (51) includes a first tapered recess (top half of 51 as depicted in figure 5b) configured to receive the first connector (element 4 depicted in the top half of figure 5B) and a second tapered recess (bottom half of 51 as depicted in figure 5B) configured to receive the second connector (element 4 depicted in the bottom half of figure 5B).
Regarding claim 7, Kurimoto teaches the first (element 4 depicted in the top half of figure 5B) and second connectors (element 4 depicted in the bottom half of figure 5B) are disposed opposite to one another about the central handle axis.
Regarding claim 8, Kurimoto teaches the resilient member (6) is a spring (6 is a spring), the resilient member (6) being positioned around the rod (5) at the handle end (end that includes 9) of the second jaw component (see annotated figure 7) and within the handle channel (interior of 3).
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Kurimoto Figure 6, annotated
Regarding claim 9, Kurimoto teaches the mounting surface (surface of 1 that contacts 122 in figure 6) defines at least one mounting aperture (see annotated figure 6) for receiving a fastener (see annotated figure 6).
Regarding claim 10, Kurimoto teaches the mounting surface (surface of 1 that contacts 122 in figure 6) is shaped to interface with a medical device mounting surface (surface of 122 that contacts 1 in figure 6).
Regarding claim 10, Kurimoto teaches the system further comprising a transition plate (21) positionable between the mounting surface (surface of 1 that contacts 122 in figure 6) and a medical device mounting surface (bottom surface of 22) for aligning and fastening the fixing system (20) to the medical device mounting surface (bottom surface of 22).
Regarding claim 12, Kurimoto teaches the mounting surface (surface of 1 that contacts 122 in figure 6) is shaped to interface with the medical device mounting surface (bottom surface of 22 in figure 1).
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Kurimoto Figure 5C, annotated
Regarding claim 13, Kurimoto teaches the second jaw (8) includes a connecting portion (111) for spacing the second clamp surface (8m) from the body (2), the connecting portion (111) having a first end (see annotated figure 5C) which is received in the channel (interior of 2) of the body (2) and a second end (see annotated figure 5C) which is connected to the second clamp surface (8m) and which is disposed outside of the body (2).
Regarding claim 14, Kurimoto teaches the connecting portion (111) is connected to the rod (5) such that: rotating the handle component (3), with the rod (5) received in the handle channel (interior of 3), does not cause rotation of the second jaw (8) (8 is free to rotate independently of 5), and moving the handle component (3), with the rod (5) received in the handle channel (interior of 3), in the direction parallel to the central handle axis causes movement of the handle component (3) and the second jaw (8) in the direction parallel to the central handle axis.
Regarding claim 15, Kurimoto teaches the connecting portion (111) defines a recess (hole through the center of 111) configured to receive an end (end containing 112) of the rod (5) therein, the recess (hole through the center of 111) having a first shoulder (interior edge of the hole in 111 at the first end portion; see annotated figure 5C) and a second shoulder (interior edge of the hole in 111 at the second end portion; see annotated figure 5C), the rod (5) has at least one abutting member (see annotated figure 5C) at the end of the rod (5) received within the recess (hole through the center of 111), and in response to the rod (5) being moved to the actuated position (see figure 8B), the abutting member (see annotated figure 5C) abuts the first shoulder (interior edge of the hole in 111 at the first end portion; see annotated figure 5C; abutting member contacts both shoulders); and in response to the rod (5) being moved to the non-actuated position (see figure 8A), the abutting member abuts the second shoulder (interior edge of the hole in 111 at the first end portion; see annotated figure 5C; abutting member contacts both shoulders).
Regarding claim 16, the connecting portion (111) defines a recess (hole through the center of 111) configured to receive an end (end containing 112) of the rod (5) therein, the rod (5) has at least one abutting member (see annotated figure 5C) at the end (end containing 112) of the rod (5) received within the recess (hole through the center of 111), wherein the connecting portion (111) and the rod (5) are configured such that the abutting member (see annotated figure 5C) can rotate freely within the recess (hole through the center of 111) but a movement of the abutting member (see annotated figure 5C) parallel to the central handle axis is delimited (5 and 8 rotate independently of each other, but mush move in a parallel direction together).
Regarding claim 17, Kurimoto teaches the handle end (end that includes 9) of the second jaw portion (see annotated figure 7) is disposed outside of the channel (interior of 2) of the body (2), and further comprises a handle (3f) at the handle end (end that includes 9), an end (9) of the rod (5) being accessible from the handle (3f).
Regarding claim 20, Kurimoto teaches the internal threads (2a) are one of left-handed and right-handed threads (see figure 9, line S7; clockwise rotation tightens the jaws, indicating right-handed threads).
Regarding claim 21, Kurimoto teaches a fixing system (20) comprising: a first jaw portion (combination of 1 and 2) comprising: a body (2) with a first end and a second end, a channel (interior of 2) defined in the body (2) and extending from the first end to the second end, the channel (interior of 2) having an internal threaded portion (2a); a first jaw (1a) with a first clamp surface (1m), the first jaw (1a) extending from the body (2); and a second jaw portion (see annotated fig 7) operatively connected to the first jaw portion (combination of 1 and 2), the second jaw portion (see annotated figure 7) having a jaw end (end that contains 8) and a handle end (end that contains 9), and the second jaw portion (see annotated figure 7) comprising: at the handle end (end that contains 9), a handle component (3) at least partially received in the channel (interior of 2) at the second end of the body (2), the handle component (3) having a central handle axis and a handle channel (interior of 3) defined in the handle component (3); at the jaw end (end that contains 8), a second jaw (8) connected to the handle component (3), the second jaw (8) having a second clamp surface (8m) facing the first clamp surface (1m), the second jaw (8) being moveable towards and away from the first jaw (1a) in a direction parallel to the central handle axis; a rod (5) at least partially received in the handle channel (interior of 3), extending from the handle end (end that includes 9) towards the jaw end (end that includes 8), and connected to the second jaw (8), the rod (5) being selectively moveable relative to the handle component (3) in the direction parallel to the central handle axis between an actuated position (see figure 8B) and a non-actuated position (see figure 8A); and at least one connector (4) connected to the handle component (3) and having a first engaging portion (4a) which is selectively engageable with the internal threaded portion (2a) responsive to movement of the rod (5) between the actuated position (see figure 8B) and the non-actuated position (see figure 8A), the at least one connector (4) being moveable between: a disengaged position (see figure 8B) in which the first engaging portion (4a) is disengaged from the internal threaded portion (2a) permitting movement of the second jaw (8) parallel to the central handle axis, and an engaged position (see figure 8A) in which the at least one connector (4) is engaged with the internal threaded portion (2a) and movement of the second jaw (8) parallel to the central handle axis is restricted upon application of a force to the handle component (3) parallel to the central handle axis.
Regarding claim 22, Kurimoto teaches a mounting interface (1) extending from the first end of the body (2) and having a mounting surface (surface of 1 that contacts 122 in figure 6) for attaching a device (122) thereto.
Regarding claim 23, Kurimoto teaches a resilient member (6) operatively connected to the rod (5), the resilient member (6) biasing the rod (5) toward the non-actuated position (see Figure 8A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kokay US 1749491 A as it relates to a clamp with a handle and rod both movable axially in a direction parallel to the rod.
Facchinello US 10144276 B2 as it relates to a rod with connectors pivotably engageable with threads.
Quintania US 8695957 B2 as it relates to equipment fixation equipment with selectively engageable internal threads.
Nakanishi JP 2007125248 A as it relates to equipment fixation equipment with selectively engageable internal threads where the thread engagement connector is inside the rod.
Spainhower WO 9606712 A1 as it relates to a clamp with connectors pivotably engageable with threads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT D HAY whose telephone number is (571)272-9510. The examiner can normally be reached Mon-Fri 8:30am-3:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.D.H./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
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