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.
Claim 10, 11 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 10 depends from claim 5, however, in order for, “the translating body” to have antecedent bases, it appears that it should depend from claim 9. For the purposes of examination, it will be considered as such.
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 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 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 (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), 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).
Regarding claim 20, 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).
Conclusion
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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/ANDREW YANG/Primary Examiner, Art Unit 3775