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 .
Election/Restrictions
Applicant’s election of election/restriction in the reply filed on December 15, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant has elected Group I: Claims 1-12, 19, and 20 and Species I: Figures 1-17.
Claims 13-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1-20 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) 1-4, 6, 7, 9, 19, and 20 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) 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 indicator button (18+22) adjacent the proximal end (12b) (figures 1-8F), the indicator button (18+22) movable between a first position (figure 8A) and a second position (figure 8C), a shaft (16) slidably disposed (¶20) within the outer sleeve (12), and an auto-resetting component (38+42) slidably linked to the indicator button (18+22) and the shaft (16) (¶23 and figure 2), the auto-resetting component (38+42) configured to (i.e. capable of) automatically reposition the indicator button to the first position (¶25 and figure 8D).
Regarding claim 2, Avidano discloses wherein the shaft (16) is configured to (i.e. capable of) actuate the indicator button (18+22) when the tulip head (100) is securely attached to a bone screw component of the implant (200) (¶24, ¶25).
Regarding claim 3, Avidano discloses wherein the auto-resetting component (38+42) includes a reset ramp (40, 40a) (figure 2).
Regarding claim 4, Avidano discloses wherein the reset ramp (40, 40a) (figure 2) is slidably disposed within an aperture (22a) of the indicator button (18+22) (figure 2).
Regarding claim 6, Avidano discloses wherein the auto-resetting component (38+42) is disposed external to the outer sleeve (12) of the surgical instrument (10) (figure 1).
Regarding claim 7, Avidano discloses further comprising an inner sleeve (26) disposed between the outer sleeve (12) and the shaft (16) such that the shaft (16) is slidably disposed within the inner sleeve (26) (figures 5 and 6).
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 the aperture (22a) of the indicator button (18+22).
Regarding claim 19, Avidano discloses a surgical instrument (10) (figures 1-8F) for inserting and attaching a tulip head (100) to a bone screw (200), comprising a sleeve (12) having a distal end (12a) and a proximal end (12b) (¶20), the distal end (12a) configured to (i.e. capable of) receive the tulip head (100), an indicator button (18+22) configured to (i.e. capable of) actuate between an indicating position (¶24, ¶25) and a non-indicating position (¶24, ¶25), an inner shaft (16) slidably disposed (¶20) within the sleeve (12) and configured to (i.e. capable of) engage the tulip head (100), a knob (20) slidably disposed around the sleeve (12) (figures 8A-8F), and a reset ramp (40, 40a) (figure 2) linked to the knob (20), the reset ramp (40, 40a) configured to (i.e. capable of) automatically reposition the indicator button (18+22) from the indicating position (¶24, ¶25) to the non-indicating position (¶24, ¶25).
Regarding claim 20, Avidano discloses wherein the reset ramp (40, 40a) is disposed external to the sleeve (12) (figure 1).
Allowable Subject Matter
Claims 5, 8, and 10-12 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.
Conclusion
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