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 .
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 6-8 and 18-20 are 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 6 recites the limitation "first and second through-holes" in lines 1-2. It is unclear whether “first and second through-holes” include the through-hole disclosed in claim 5 from which claim 6 depends from, or if new first and second through-holes are being disclosed. For the purpose of examining the claim, “wherein the housing includes first and second through-holes opposed from one another” will be interpreted as “wherein the housing includes a second through-hole opposed from the first through-hole”, and the through hole disclosed in claim 5 will be interpreted as a first through hole.
Claim 6 recites the limitation "first and second pins" in lines 2-3. It is unclear whether “first and second pins” include the pin disclosed in claim 5 from which claim 6 depends from, or if new first and second pins are being disclosed. For the purpose of examining the claim, “the instrument further comprising corresponding first and second pins” will be interpreted as “the instrument further comprising a second pin, wherein the corresponding first and second pins are”, and the pin disclosed in claim 5 will be interpreted as a first pin.
Claim 18 recites the limitation "first and second through-holes" in lines 1-2. It is unclear whether “first and second through-holes” include the through-hole disclosed in claim 17 from which claim 18 depends from, or if new first and second through-holes are being disclosed. For the purpose of examining the claim, “wherein the upper socket includes first and second through-holes opposed from one another” will be interpreted as “wherein the upper socket includes a second through-hole opposed from the first through-hole”, and the through hole disclosed in claim 17 will be interpreted as a first through hole.
Claim 18 recites the limitation "first and second pins" in line 3. It is unclear whether “first and second pins” include the pin disclosed in claim 17 from which claim 18 depends from, or if new first and second pins are being disclosed. For the purpose of examining the claim, “the instrument further comprising corresponding first and second pins” will be interpreted as “the instrument further comprising a second pin, wherein the corresponding first and second pins are”, and the pin disclosed in claim 5 will be interpreted as a first pin.
Appropriate corrections are required.
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 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pinkie (U.S. Publication No.2017/0105769 A1).
Regarding claim 17, Pinkie discloses a surgical instrument (10), comprising: a proximal handle (12); a shaft extending distally from the proximal handle (14); a housing (16) coupled to a distal end of the shaft (Figure 5), the housing (16) including an upper socket (hood 24) with a through-hole (26) formed in a sidewall thereof (Figure 6), an arm (support surface 20) extending from the upper socket (Figure 6), and a post (22) extending from the arm at a position farthest from the upper socket (Figure 6); a setscrew (28b) disposed within the housing; and a pin (28a) disposed in the through-hole such that the pin extends into the upper socket to capture the setscrew (Figure 6). It is noted that treaded knob 28 comprises neck 28a and threaded end 28b, such that each component discloses the claimed pin and setscrew.
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Allowable Subject Matter
Claims 1-16 are allowed, once the rejections under 35 U.S.C. 112(b) discussed above have been corrected.
Claims 18-22 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, and once the rejections under 35 U.S.C. 112(b) discussed above have been corrected.
Claims 1-16 in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 1. In particular, none of the cited references teach or suggest wherein the two opposed arms of the housing define a gap between the post and the upper socket, and the upper socket includes an opening at an end opposite the two opposed arms; and wherein the setscrew is captured within the upper socket and free to translate from a first position, wherein a threaded distal end of the setscrew is disposed within the upper socket, to a second position, wherein the threaded distal end of the setscrew extends into the gap between the two opposed arms, as required by claim 1.
Claims 18-20 in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 17 and claim 18. In particular, none of the cited references teach or suggest wherein the upper socket includes a second through-hole opposed from the first through-hole, the instrument further comprising a second pin, wherein the first and second pins are disposed in the first and second through-holes, as required by claim 18.
Claim 21 in the instant application has not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 17 and claim 21. In particular, none of the cited references teach or suggest wherein the setscrew comprises a proximal end defining a radially outwardly extending flange that is configured to interface with a corresponding shoulder formed in an opening of the upper socket at an end opposite the arm to define a maximum depth of distal insertion of the setscrew, as required by claim 18.
Claim 22 in the instant application has not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 17 and claim 22. In particular, none of the cited references teach or suggest wherein the setscrew is biased toward an end of the upper socket that is opposite the arm extending from the upper socket, as required by claim 22.
Conclusion
The prior art made of record and not relied upon, but considered pertinent to applicant's disclosure, are cited in the PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Negrelli whose telephone number is 571-270-7389. The examiner can normally be reached on Monday-Friday, between 8:00am to 4:00pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA NEGRELLI/
Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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