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 .
Status of the Claims
This Office Action is responsive to the amendment filed April 24, 2026. As directed by the amendment: Claims 1-3, 6, 8, 9, 12, and 19 have been amended. Claims 4, 7, 14, 18, and 20 have been cancelled. Claims 13 and 15-17 have been withdrawn. Claims 21-25 are newly added. Claims 1-3, 5, 6, 8-13, 15-17, 19, and 21-25 are presently pending in this application.
Examiner’s Note
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.
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, 6, 9, 12, and 22-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avidano et al. (US 2020/0375638), herein referred to as Avidano.
Regarding claim 1, Avidano discloses a surgical instrument (10) (figures 1-8F) for inserting and attaching an implant (200), comprising an outer sleeve (12) defining a longitudinal axis (figures 1 and 2) and having a distal end (12a) and a proximal end (12b) (¶20), the distal end (12a) configured to (i.e. capable of) receive a tulip head (100), an inner sleeve (considered as the lower portion of element 16, see figure 2) slidably disposed (¶20) within the outer sleeve (12) (figure 2), an indicator button (18+22) movable between a first position (figure 8A) and a second position (figure 8C), a shaft (considered as the upper portion of element 16, see figure 2) extending substantially parallel to the longitudinal axis of the outer sleeve (12) (figure 2) between the proximal end (12b) of the outer sleeve (12) and a proximal end of the surgical instrument (10) (figures 1 and 2), the shaft (considered as the upper portion of element 16, see figure 2) having an end (16b) configured to (i.e. capable of) engage the indicator button (18+22), and an auto-resetting component (38+42) slidably linked to the indicator button (18+22), the auto-resetting component (38+42) configured to (i.e. capable of) allow the indictor button to be automatically repositioned to the first position (¶25 and figure 8D).
Regarding claim 2, Avidano discloses wherein the shaft (considered as the upper portion of element 16, see figure 2) is configured to (i.e. capable of) shift to allow the indicator button to be repositioned from the first position to the second position when the tulip head is attached to a bone screw component of the implant (considered functional).
Regarding claim 3, Avidano discloses wherein the auto-resetting component (38+42) includes a central opening (46) (figure 2).
Regarding claim 6, Avidano discloses wherein the auto-resetting component (38+42) is disposed adjacent to a handle (20) of the surgical instrument (10) such that the auto-resetting component (38+42) is located external to the outer sleeve (12) of the surgical instrument (figures 1 and 2).
Regarding claim 9, Avidano discloses wherein the indicator button (18+22) includes an internal portion (figure 2) and an indicating portion (figure 2), the internal portion (figure 2) defining an aperture (figure 2) of the indicator button (18+22).
Regarding claim 12, Avidano discloses wherein the inner sleeve (considered as the lower portion of element 16, see figure 2) includes at least two actuating arms (16d, 16e) extending from a distal end of the inner sleeve (considered as the lower portion of element 16, see figure 2) configured to (i.e. capable of) engage a groove of the tulip head (figure 1).
Regarding claim 22, Avidano discloses wherein the indicator button (18+22) is positioned such that the longitudinal axis of the outer sleeve (12) extends through the aperture (figures 1 and 2) of the indicator button (18+22).
Regarding claim 23, Avidano discloses further comprising a first spring (24) and a second spring (26) disposed in opposite directions (figure 2), wherein at least the first spring (24) or the second spring (26) is configured to (i.e. capable of) reposition the indicator button (18+22).
Regarding claim 24, Avidano discloses wherein a post (38) extending from the indictor button (18+22) is aligned with at least the first spring (24) or the second spring (26) (figure 2).
Allowable Subject Matter
Claims 5, 8, 10, and 11 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.
Claims 19, 21, and 25 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: After further search and consideration it is determined that the prior art of record neither anticipated nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, the prior art of record does not teach, the following limitation(s) in combination with the remaining claimed limitation such as but not limited to “a shaft movably disposed within the surgical instrument proximal to the sleeve and configured to engage the button and threadably attach to an inner shaft disposed within the sleeve; and a knob slidably disposed around the sleeve”, “wherein the auto-resetting component is disposed within the outer sleeve”.
Response to Arguments
Applicant's arguments filed April 24, 206 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 7-8, under 35 U.S.C. 102(a)(1), of the Remarks are directed to the amended claims 1 and 19 and the reference Avidano. Applicant argues that “Avidano does not teach a surgical instrument having such features as those now claimed in independent claims 1 and 19”. The Examiner notes that Avidano discloses the features of the amended claim 1, see Office Action above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SI MING KU whose telephone number is (571)270-5450. The examiner can normally be reached Monday-Friday, 9:30am-6pm.
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/SI MING KU/Primary Examiner, Art Unit 3775
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