DETAILED ACTION
This office action is responsive to the amendments filed September 11, 2026. By those amendments, claims 1, 11, 12, and 25 were amended. Claims 1-5, 11-22, and 24-26 are pending.
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 to Arguments
Applicant's arguments filed September 11, 2026, have been fully considered but they are not persuasive, even in light of the amendments.
Regarding the argument related to the rejection of claim 1 at p. 8 of the remarks, it is argued that the push rod 54 is not pivotably connected to the arms. Examiner re-interprets the claimed shaft, in light of the amendment to the claim, to now include the link 55 as a part of the shaft. 55 is clearly pivotably attached to the arms 21. The rejection is maintained.
Regarding the argument related to the rejection of claim 11 at p.9 of the remarks, a figure is presented which demonstrates where the claimed support beam structure is finding support in the instant figures. Applicant then disagrees that Arcenio provides a structure that is analogous. Applicant notes examiner provided no figures in making the rejection. The argument states that arms 43 extend ‘from a unitary support base’ and that there is no support beam between the arms 43. Examiner respectfully disagrees that the structure being unitary excludes the naming of a portion as the support beam. Examiner sees no claim limitations which exclude the Arcenio structure. Examiner now identifies the structure in a marked up figure, but continues to be of the position that the structure of the support beam is analogous to the instant fig. 5 as demonstrated in the argument, and was apparent even without the marked up figure.
Similar arguments are present related to claim 12, where it is stated that the claim requires “the support beam be extending between arms having a notched nose at a distal end thereof…” Examiner is of the position that as presently claimed, there is nothing which excludes the understanding of the configuration of the arms, themselves, as the notched nose. Examiner maintains the rejection with the understanding that the arms form the notched nose. Clarification of the claim would appear to obviate this rejection.
Examiner reconsiders the rejection of claim 4 in light of the argument related thereto. The rejection of this claim is hereby withdrawn. Examiner also withdraws rejections of claims 5, 15, 16, 21, 22 and 26 and now finds these claims to contain allowable subject matter. Scope of each one of these claims was amended in the amendment of September 11, 2026.
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, 11-14, 17-20, 24, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arcenio et al. (US 2009/0275951 A1).
Regarding claim 1, Arcenio teaches a device as at figs. 1-4 capable of use as an arthroscopic washer extractor (for some inferred arthroscopic washer) comprising:
a handle 14 having an elongated frame 12 extending therefrom;
an actuator 13/15 pivotable relative to the handle 14 and movable between an extractor neutral, closed position and an extractor operative, open position (compare figs. 1 and 2);
a shaft 54/55 pivotably connected to the actuator 13 (seen at figs. 1 and 5; see comment at bottom of this rejection), the shaft 54 having a longitudinal axis aligned with a longitudinal axis of the elongated frame 12, the shaft 54 operatively and slidably translating alongside, and relative to, the elongated frame 12 between the extractor neutral position and the extractor operative position (of figs. 1 and 2); and
a pair of jaws 31, at least one of which is pivotably connected to the shaft 54/55 (as in fig. 5, jaws 31 pivot relative to at least portion 55 as 55 moves longitudinally; an unlabeled pin is present which causes the pivoting as 55 is advanced), where the actuator 13 is configured, upon pivoting relative to the handle 14, to slidably translate the shaft 54/55 relative to the elongated frame 12, to move the pair of jaws 31 between the extractor neutral position, where the jaws are closed, and the extractor operative position, where the jaws are open (figs. 1 and 2).
Some details of the connection between actuator 13 and shaft 54/55 are not clearly shown. Examiner is of the position that pivoting between 13 and 54/55 must occur, and at least one pivot is clearly demonstrated, in the mechanism. (Examiner suggests that a second pivoting connection likely exists between 54 and the unlabeled link to which 15 is connected, though such is not shown, nor required to read on this claim). Examiner points to figs. 1 and 2, which shows handle 13/23 moving an element 15/25 with a pivot pin shown at the end closest to 14/24. Some intervening mechanism between 54 and 15/25 is present which is not clarified (or else the portion to which 15 is pivotably mounted is element 54 itself, unlabeled). Pivoting between 15/25 and 54 is clearly demonstrated when comparing figs. 1 and 2. This pivoting reads on a pivotable connection between the actuator 13 and the shaft 54, even if the pivoting is occurring through intervening structures.
Regarding claim 2, the device includes a biasing member 15 operatively engaged with the actuator 13/15 and biasing the actuator towards the extractor neutral position of fig. 1.
Regarding claim 3, the biasing member is a spring – examiner takes the position that portion 15 is in the form of a leaf spring.
Regarding claim 11, Arcenio teaches a device capable of use as an arthroscopic washer extractor (for an inferred arthroscopic washer) comprising:
a handle 14 including an elongated frame 12, the elongated frame 12 including a pair of spaced-apart arms 43 with a support beam extending between the pair of spaced-apart arms, the support beam forming a boundary of a recess provided in the elongated frame 12 (see marked up figure);
an actuator 13 pivotable relative to the handle 14 and movable between a neutral position and an operative position (fig. 1 vs fig. 2);
a shaft 54 operatively connected to the actuator 13; and
a pair of jaws 21 at least one of which is operatively connected to the shaft 54, wherein:
each of the jaws (seen best at fig. 7) includes an outwardly extending flange (e.g. teeth at distal end in some designs);
the actuator 13 is configured to move the pair of jaws 21 to an open state as in fig. 2; and
the recess between the arms 43 is configured to receive and pivotably mount the pair of jaws 21 to a distal end of the elongated frame 12.
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Regarding claim 12, Arcenio teaches a device capable of use as an arthroscopic washer extractor (for use with an inferred arthroscopic washer) comprising:
a handle 14 including an elongated frame 12, the elongated frame 12 including a pair of spaced-apart arms 43 with a support beam extending between the pair of spaced-apart arms, the support beam having a notched nose at a distal end thereof (see the marked up figure, above; the configuration of the arms is considered to be a ‘notched nose’);
an actuator 13 pivotable relative to the handle 14 and movable between a neutral position and an operative position (fig. 1 vs fig. 2);
a shaft 54 operatively connected to the actuator 13; and
a pair of jaws 21 at least one of which is operatively connected to the shaft 54, wherein each of the jaws 21 includes an outwardly extending flange (seen best at fig. 7, the portion including teeth at front end in some designs), and wherein the actuator 13 is configured to move the pair of jaws 21 to an open state as in fig. 2.
Regarding claim 13, a distal end of the shaft 54 (now 64 as in the transparent view at fig. 6) can be seen to include a substantially U-shaped turn for receiving the notched nose (the u-shaped configuration of 12 – labeled 62 in fig. 6) of the support beam: the arrangement of distal end of 64 is considered communicatively receiving the notched nose through pins and links 65a/b.
Regarding claim 14, the actuator is now considered to be 13/15 and the structure which 15 drives. An arm of the actuator (portion driven by 15) includes a first through hole for receiving a proximal end of the biasing member 15 – see the opening for receiving a pin therethrough.
Regarding claim 17, one of the jaws 21 is integrally connected to the elongated frame 12 by use of pins 33.
Regarding claim 18, the other of the pair of jaws 21 is pivotably connected to the shaft 54/55.
Regarding claim 19, the other of the pair of jaws 21 is pivotably connected to the elongated frame 12 (about pins 33).
Regarding claim 20, the elongated frame 12 and the shaft 54/55 define a cannulation therebetween, where the cannulation extends over an entire length of the elongated frame 12 and the shaft 54/55 (54/55 residing within the cannulation) .
Regarding claim 24, the longitudinal axis of the elongated frame 12 is substantially transverse to a longitudinal axis of the handle 14.
Regarding claim 25, each jaw 21 includes an outwardly extending flange (choosing versions 74 and 75 in fig. 7; the portion where teeth are in version 71), each flange having a planar bottom side, wherein the flanges are configured to have respective planar bottom sides abut one another in the extractor neutral position (as in fig. 1).
Allowable Subject Matter
Claims 4, 5, 15, 16, 21, 22 and 26 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
THIS ACTION IS MADE FINAL. 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 David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID W BATES/Primary Examiner, Art Unit 3799
