DETAILED ACTION
This office action is responsive to the amendment of January 2, 2026. By that amendment, claims 1, 2, 4, 11, 12, 15, 17, 19, and 20 were amended; claims 6-10 and 23 were canceled; and claims 24-26 were newly presented. Claims 1-5, 11-22, and 24-26 are pending.
Claims 11 and 12 were previously indicated as containing allowable subject matter. Applicant re-wrote claims 11 and 12 into independent form. However, upon further search and consideration, examiner has discovered art requiring a new rejection.
Therefore, this office action is made Non-Final.
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 with respect to the outstanding rejections of claim(s) 1-5, 11-22, and 24-26, have been considered but are moot because new grounds of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The newly presented rejections are necessitated by the amendments to the claims of January 2, 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) 1-5, 11-14, 17-22, and 24-26 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 at figs. 1-4 capable of use as an arthroscopic washer extractor comprising:
a handle 14 having an elongated frame 12 extending therefrom;
an actuator 13 pivotable relative to the handle 14 and movable between an extractor neutral, closed position at fig. 1 (the actuator 13 is released) and an extractor operative, open position at fig. 2 (the actuator 13 is squeezed);
a shaft 54 operatively connected to the actuator 13, 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 of fig. 1 and the extractor operative position of fig. 2;
a pair of jaws 31, at least one of which is operatively connected to the shaft 12 (at pivots 33), where the actuator 13 is configured, upon pivoting relative to the handle 14, to slidably translate the shaft 54 relative to the elongated frame 12, to move the pair of jaws 31 between the extractor neutral position of fig. 1, where the jaws are closed, and the extractor operative position of fig. 2, where the jaws are open.
Regarding claim 2, the device further includes a biasing member 15 operatively engaged with the actuator 14 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 15 is in the form of a leaf spring.
Regarding claim 4, a pair of levers 65a/b is pivotably connected to a distal end of the shaft 54 (now labeled 64 in fig. 6), with each lever 65a/b also pivotably connected to a respective jaw (now labeled 61a/b in fig. 6), where the levers 65a/b are arranged in an X-like configuration relative to one another (when the levers pivot).
Regarding claim 5, the distal end of the shaft 54 is provided with a pair of lobes pivotably connected to the pair of levers 65a/b (at the unlabeled pivot points at the distal end of 54 which couple to 65a/b).
Regarding claim 11, Arcenio teaches a tool capable of use as an arthroscopic washer extractor comprising:
a handle 14 including an elongated frame 12, the elongated frame including a pair of spaced-apart arms (best seen at figs. 3-4, portions 43) with a support beam extending between the pair of spaced-apart arms (at the base of the U-shaped recess which is encompassed by the arms 43), the support beam forming a boundary of a recess provided in the elongated frame 12;
an actuator 13 pivotable relative to the handle 14 and movable between a neutral position and an operative position (compare figs. 1 and 2);
a shaft 54 operatively connected to the actuator;
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 (teeth at distal end of some jaw designs);
the actuator is configured to move the pair of jaws to an open state (see fig. 2); and
the recess between 43 is configured to receive and pivotably mount the pair of jaws 21 to a distal end of the elongated frame 12.
Regarding claim 12, Arcenio teaches a tool as at fig. 1 capable of use as an arthroscopic washer extractor 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 (at the ‘base’ of the U-shape formed by the arms 43; figs. 3 and 4), the support beam having a notched nose at a distal end thereof (the opening of the U considered a notch);
an actuator 13 pivotable relative to the handle 14 and movable between a neutral position at fig. 1 and an operative position at fig. 2;
a shaft 54 operatively connected to the actuator 13;
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 at the teethed portion, best seen at fig. 7, and wherein the actuator 13 is configured to move the pair of jaws 21 to an open state.
Regarding claim 13, a distal end of the shaft 54 (now labeled 64 in fig. 6) includes a substantially U-shaped turn for receiving the notched nose of the support beam (see fig. 6 – the u-shape of 64 is considered to be receiving a notched nose of 12 {now 62 in fig. 6}).
Regarding claim 14, the actuator will now be considered 13 and the rod structure which 15 drives, within the inside of handle 14. An arm of the actuator (at the rod portion inside of 14) includes a first through hole for receiving a proximal end of the biasing member as seen at fig. 1 – a pin through 15 and a hole of the rod structure is visible.
Regarding claim 17, one of the jaws 21 is integrally connected to the elongated frame 12 by pins 33.
Regarding claim 18, the other of the pair of jaws 21 is pivotably connected to the shaft 54.
Regarding claim 19, the other of the pair of jaws 21 is pivotably connected to the elongated frame 12.
Regarding claim 20 wherein the elongated frame 12 and the shaft 54 define a cannulation therebetween, where the cannulation extends over an entire length of the elongated frame 12 and the shaft 54 (shaft 54 resides in the cannulation).
Regarding claims 21 and 22, the cannulation is formed by opposed elongated concave grooves provided in the elongated frame 12 and the shaft 54 (grooves can be seen in fig. 6; which grooves stand opposed to one another as arranged in that figure).
Regarding claim 24, the longitudinal axis of the elongated frame 12 is substantially transverse to a longitudinal axis of the handle 14 as seen at fig. 1.
Regarding claim 25, each jaw 21 includes a outwardly extending flange (teethed portion seen best at fig. 5), each flange having a planar bottom side (opposite the teeth, facing each other), wherein the flanges are configured to have respective planar bottom sides abut one another in the extractor neutral position.
Regarding claim 26, a distal end of the shaft 54 includes a substantially U-shaped turn for receiving a notched portion of the elongated frame 12 to create a stop for the slidable translation of the shaft 54 relative to the elongated frame 12 at the extractor neutral position as seen best in fig. 6.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arcenio.
Regarding claims 15 and 16, particulars of the structure connecting the actuator 13 and the rod portion within 14 to the push rod 54/64 is not shown or described [0048-0049]. Therefore, it is not clear that the arm of the actuator (at the rod portion inside of 14) includes a second and third through hole for pivotably connecting with the elongated frame 12 of the handle.
It would have been obvious to include such a second and third through hole for pinning the rod within 14 to the push rod 54/64. One would have done so as a matter of providing the device with a pivot point which improves ergonomics of the device. Doing so is considered to be merely forming a prior single structure into two structures, now coupled together at a pivot pin. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Conclusion
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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/DAVID W BATES/Primary Examiner, Art Unit 3799
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