DETAILED ACTION
This action is in response to Applicant’s amendment filed on April 16, 2026.
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 § 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) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (U.S. Patent No. 6363819).
Li discloses an apparatus comprising: (a) a handle (60) extending between a proximal portion and a distal portion (Figure 6, proximal, rounded end of handle; distal, end near 63), the handle defining a shaft receiving channel (62) extending from an end of the distal portion into the proximal portion of the handle (Figure 6), wherein the handle comprises at least one torque generating surface (interior surface of channel); and (b) a retention assembly (area of 63, Figure 6) associated with the handle, wherein the shaft receiving channel is dimensioned to receive an elongated navigation unit coupling body of a navigation compatible bone screwdriver bit claimed to thereby reduce an effective length of the navigation compatible bone screwdriver bit (as seen in figures 6 and 7, the screw element 70 is inserted into the channel to reduce its effective length, thus is it capable of the claimed function) and to fully house the elongated navigation unit coupling body such that an effective length of the bone screwdriver bit is reduced to a length of a distal shaft and a screw bit while the elongated navigation unit coupling body is housed (these limitations only further limit the functional language and is considered that Li is “dimensionsed” to receive all the functional elements), wherein the at least one torque generating surface is configured to transmit torque onto the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (the channel is disclosed as having a hexagonal shape, thus it is capable of performing the claimed function), wherein the retention assembly is configured to inhibit decoupling of the handle and the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (Column 3, Lines 43-65). It is noted that navigation compatible bone screwdriver and its elements are not positively recited and thus the prior art device only need to show the structural elements of the handle and retention assembly.
Regarding claim 2, the retention assembly is configured to transition between a locked configuration and an unlocked configuration (Column 3, Lines 43-52), wherein retention assembly, while in the locked configuration, is configured inhibit decoupling of the handle and the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body is housed within the shaft receiving channel , and wherein the retention assembly, while in the unlocked configuration, is configured permit decoupling of the handle and the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body is housed within the shaft receiving channel (Column 3, Lines 43-65 describes locking of the screwdriver stem 70, which is analogous to the navigation compatible bone screwdriver, and unlocking the stem 70 and allowing it to be removed or moved to another position within the handle to alter the screwdriver length).
Regarding claim 3, the retention assembly comprises a bias spring (632) configured to bias the retention assembly toward the locked configuration.
Regarding claim 4, the bias spring comprises a coil spring (Figure 7A).
Regarding claim 5, the handle comprises a collar, wherein the coil spring is disposed around the collar (Figure 7A, the portion the coil spring is around can be considered the collar).
Regarding claim 6, the retention assembly comprises a locking body (631) configured to, while the retention assembly is in the locked configuration, impart a frictional braking force on the navigation compatible bone screwdriver bit while the elongated navigation unit couple boys is housed within the shaft receiving channel (Column 3, Lines 47-53).
Regarding claim 7, the handle further defines a transverse locking pocket in communication with the shaft receiving channel, wherein the locking body is at least partially housed within the transverse locking pocket (as seen in Figure 7A, the sphere 631 is housed in a pocked of handle element 61 and is at least partially housed therein).
Regarding claim 8, the locking body (631) comprises a sphere (Figure 7A).
Regarding claim 9, the retention assembly further comprises a translating body (63) interposed between the bias spring and the locking body (as seen in figure 7A, the translating body has a section interposed between the spring and locking body)
Regarding claim 10, the translating body comprises a slanted surface configured to engage the locking body while the retention assembly is in the locked configuration (See arrow in figure below).
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Regarding claim 11, the translating body is slidably disposed on the handle (Figure 7A).
Regarding claim 12, the at least one torque generating surface comprising a first torque generating surface defining a portion of the shaft receiving channel (as seen in figure 6, the hexagonal shape extends the length of the channel)
Regarding claim 13, the first torque generating surface is located at the proximal portion of the handle (as seen in figure 6, the channel extends to the proximal portion of the handle).
Regarding claim 14, the at least one torque generating surface comprises a second torque generating surface located distally relative to the retention assembly (as seen in figure 6, the opening 62 at the distal end of the handle has a second torque generating surface distal to the retention assembly. As seen in figure 7A, the sleeve, spring, and ball detent do not extend to the end of the handle).
Regarding claim 15, the second torque generating surface forms at least a portion of a hexagonal shape (Figure 6).
Regarding claim 16, Li, discloses an apparatus comprising: (a) a handle (60) extending between a proximal portion and a distal portion, the handle defining a shaft receiving channel (62), wherein the handle comprises at least one torque generating surface defining at least a portion of the shaft receiving channel (Figure 6, the channel can be seen to have a hexagonal shape); and (b) a retention assembly (area of 63) associated with the handle, wherein the retention assembly comprises: (i) a locking body (631) configured to move relative to the handle between a locked configuration and an unlocked configuration (Column 3, Lines 43-65), and (ii) bias spring (632) configured to bias the locking body toward the locked configuration (Column 3, Lines 43-65); wherein the shaft receiving channel is dimensioned to receive an elongated navigation unit coupling body of a navigation compatible bone screwdriver bit to thereby reduce an effective length of the navigation compatible bone screwdriver bit (as seen in figures 6 and 7, the screw element 70 is inserted into the channel to reduce its effective length, thus is it capable of the claimed function), wherein the at least one torque generating surface is configured to transmit torque onto the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (device of Li is considered capable of this function as described in earlier parts of the rejection), including a first torque-receiving body located within the shaft receiving channel and a second torque-receiving body located at a distal portion of the handle such that torque is transmitted while the elongated navigation unit coupling body is housed (See figure below, the channel is polygonal, thus there can be two surfaces separated along the length that are torque receiving bodies),
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wherein the retention assembly, while in the locked configuration, is configured to inhibit decoupling of the handle and the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (Column 3, Lines 43-65).
Regarding claim 17, the retention assembly further comprises a cam surface interposed between the bias spring and the locking body. See arrow in figure below.
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Regarding claim 18, the retention assembly comprises a translating body (63) associated with the cam surface.
Regarding claim 19, the cam surface comprises a slanted locking surface (see figure above).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (U.S. Patent No. 6363819) in view of Bharadwaj et al. (U.S. Publication No. 2012/0253323).
Li discloses an apparatus comprising: (a) a handle (60) extending between a proximal portion and a distal portion (Figure 6), the handle defining a shaft receiving channel (62) extending from an end of the distal portion into the proximal portion of the handle (Figure 6), wherein the handle comprises at least one torque generating surface (inner surface of channel 62); and (b) a retention assembly (are of 63) coupled with the distal portion of the handle, wherein the retention assembly comprises a locking body (631), wherein the shaft receiving channel is dimensioned to receive an elongated navigation unit coupling body of a navigation compatible bone screwdriver bit to thereby reduce an effective length of the navigation compatible bone screwdriver bit (see claims rejection for claims 1 and 16), wherein the at least one torque generating surface is configured to transmit torque onto the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (the channel 62 is disclosed as hexagonal and thus capable of torquing), wherein the locking body of the retention assembly is configured to impart a frictional braking force on the navigation compatible bone screwdriver bit to thereby inhibit decoupling of the handle and the navigation compatible bone screwdriver bit while the elongated navigation unit coupling body of the navigation compatible bone screwdriver bit is housed within the shaft receiving channel (Column 3, Lines 43-65).
Li fails to disclose and includes a plurality of transverse locking pockets in communication with the shaft receiving channel and one or more spherical locking bodies disposed therein, the spherical locking bodies being drivable into an annular recess of the bone screwdriver bit to provide frictional braking to inhibit decoupling while the elongated navigation unit coupling body is housed. Bharadwaj et al. teaches a quick connect assembly for a device for receiving a tool bit having a plurality of transverse locking pockets (58) in communication with the shaft receiving channel (42) and one or more spherical locking bodies (82) disposed therein, the spherical locking bodies being drivable into an annular recess of the tool bit to provide frictional braking to inhibit decoupling while the elongated navigation unit coupling body is housed (paragraph 37, “the keying section 110 may include a circumferential groove, and the balls 82 may be pressed inward inside this groove to releasably lock the surgical tool 90 relative to the drive unit 20.”). It would have been obvious to one skilled in the art to substitute the quick connect element of Li with the quick connect element Bharadwaj et al. Both were known in the art as a means for axially inhibiting a tool bit with both operating in a similar manner. One of ordinary skill in the art could have substituted the elements and the results would have been predictable.
Response to Arguments
In response to Applicant’s argument that Li fails to disclose a shaft receiving channel dimensioned “to fully house the elongated navigation unit coupling body such that an effective length of the bone screwdriver bit is reduced to a length of a distal shaft and a screw bit while the elongated navigation unit coupling body is housed,” the Examiner respectfully disagrees. All that is claimed is a “shaft receiving channel” and the shaft receiving channel having a dimension. The claimed elongated navigation unit coupling body is functionally claimed and thus is not given patentable weight so long as the prior art device discloses the structure (shaft receiving channel having a dimension) and could perform the function if one so desired. The elongated navigation unit coupling body as claimed does not inherently convey a certain structure and thus Li anticipates the functional limitations. Furthermore, a review of the figures shows that the structure is likely element 20 in the figures of which Li also shows similar structure (proximal half element 70).
In response to Applicant’s argument regarding claim 16, Examiner has addressed the amendment above.
Applicant’s arguments with respect to claim(s) 20 have been considered but are moot because the new ground 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.
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 ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached 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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/ANDREW YANG/Primary Examiner, Art Unit 3775
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