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 .
Status of the Claims
This Office Action is responsive to the amendment filed March 20, 2026. As directed by the amendment: Claims 5-7, 10, 16, and 18 have been amended. Claims 11 and 12 have been cancelled. Claims 19-22 are newly added. Claims 1-10 and 13-22 are presently pending in this application.
Examiner’s Note
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.
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, 2, 5-8, 13-17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keach et al. (US 2021/0315713), herein referred to as Keach.
Regarding claim 1, Keach discloses an implant extractor (100) (figures 1-6) comprising a housing (106), an adjustment mechanism (154) received within the housing (106) (¶60), an outer sleeve (102) extending from the housing (106), an inner shaft (104) received in the outer sleeve (102) (¶58) and having a proximal end (figures 1-3) operatively engaged with the adjustment mechanism (154), and a clamp (110) operatively engaged with distal ends of the inner shaft (104) and the outer sleeve (102) (figures 4 and 5).
Regarding claim 2, Keach discloses wherein the inner shaft (104) includes a threaded proximal end (¶58 and figures 2 and 3).
Regarding claim 5, Keach discloses wherein the outer sleeve (102) extends distally (e.g. considered upward) from the housing (106) and includes a shoulder (122) about its proximal end (figure 1) in abutting (defined as “to be adjacent to” by Dictionary.com) contact with the housing (106) (figure 1).
Regarding claim 6, Keach discloses wherein the outer sleeve (102) extends
distally (e.g. considered upward) from the housing (106) and includes a shoulder (122) about its distal end (figure 1) in abutting contact (has been interpreted as indirect contact) with the clamp (110).
Regarding claim 7, Keach discloses wherein the clamp (110) comprises a
base (180) and a foot (112) (figure 5), wherein the foot (112) moves with the inner shaft (104) upon operation of the adjustment mechanism (154) (¶76).
Regarding claim 8, Keach discloses wherein the base (180) has a concave face (considered as the inward-curving surface) (figure 5).
Regarding claim 13, Keach discloses wherein the foot (112) is tapered (considered as the tip of element 112, see figure 5).
Regarding claim 14, Keach discloses wherein the foot (112) includes a textured surface (218) (figure 20B).
Regarding claim 15, Keach discloses wherein the housing (106) has a window (figures 1-3) in communication with a proximal portion of the adjustment mechanism (154) (figures 1-3).
Regarding claim 16, Keach discloses further comprising a quick connect (126) matingly engaged to a proximal end of the housing (106) (figures 1-3).
Regarding claim 17, Keach discloses wherein one of the outer sleeve and the inner shaft (104) moves relative to the other of the outer sleeve (102) and the inner shaft upon operation of the adjustment mechanism (154) (¶76).
Regarding claim 19, Keach discloses wherein the outer sleeve (102) extends distally (e.g. considered upward) from the housing (106).
Regarding claim 20, Keach discloses wherein a portion of the clamp (portion of element 110) is matingly engaged (has been interpreted as indirect engagement) with the distal end of the inner shaft (104) (figures 1 and 2) and another portion of the clamp (considered as another portion of element 110) is matingly engaged (has been interpreted as indirect engagement) with the distal end of the outer sleeve (102) (figures 1 and 2).
Allowable Subject Matter
Claims 3, 4, 9, 10, 18, 21, and 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.
Response to Arguments
Applicant's arguments filed March 20, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 6-11, under 35 U.S.C. 102(a)(1), of the Remarks are directed to claim 1 and the reference Keach. Applicant argues that “Keach fails to disclose a clamp that is operatively engaged with distal ends of both the inner shaft and the outer sleeve, as required. At the very least, the outer sleeve (102) of Keach does not operatively engage the clamp (110). The outer sleeve (102) distally terminates at the proximal end of the housing (106), and does not extend to, contact, or functionally interact with the clamp (110).” However, the Examiner respectfully disagrees because as generally claimed, Keach discloses a clamp (110) operatively engaged with distal ends of the inner shaft (104) and the outer sleeve (102) (figures 4 and 5). In order for the device to function as a whole, all the parts are operatively engaged with each other.
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 SI MING KU whose telephone number is (571)270-5450. The examiner can normally be reached Monday-Friday, 9:30am-6pm.
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/SI MING KU/Primary Examiner, Art Unit 3775
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