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 § 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) 5 and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cox et al. US 2018/0280625.
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Cox discloses a system, comprising: an instrument (51) with a distal end portion (52, 55); a protective cover (53) configured to be positioned over the distal end portion of the instrument; and a tool (1) for one or both of installing and removing the protective cover from the instrument (see Figs. 10(i)-10(iv)), the tool comprising: a body portion (3) with an interior passage (5) configured to receive the protective cover, the interior passage extending along a longitudinal axis of the body portion; and one or more members (7, 9, 11, 33) movable relative to the body portion, the one or more members each comprising an engaging portion (37, ¶0066, Fig. 5) configured to enter a junction between the protective cover and the distal end portion of the instrument when the protective cover is in an installed position on the instrument.
As for claim 9, Cox discloses wherein the distal end portion of the instrument comprises an exterior cover (cover surrounding 52) over a shaft of the instrument (51).
As for claim 10, Cox discloses a tool (1) for installing and/or removing a protective cover (53) of an instrument (51), comprising: a sleeve (3, 7) having an open end (6) and a lateral wall comprising an interior surface at least partially circumscribing an interior passage (5, 39) and configured to receive at least a portion of the protective cover (53) in the interior passage, the sleeve defining a longitudinal axis; and one or more cutout regions (defined by members 37) extending through a thickness of the lateral wall of the sleeve; wherein an exterior surface of the lateral wall of the sleeve is capable of being grasped by a user, and wherein the one or more cutout regions are configured to enable the sleeve to expand and contract radially (¶0065-70).
As for claim 11, Cox discloses wherein the sleeve defines a longitudinal axis and the one or more cutout regions extend parallel to the longitudinal axis of the sleeve (see Figs. 2 and 5).
As for claim 12, Cox discloses wherein the one or more cutout regions comprise a plurality of cutout regions (forming members 37) spaced circumferentially around the sleeve (see fig. 5).
As for claim 13, Cox discloses wherein, in a transverse cross-section of the sleeve taken at a location of the one or more cutout regions, the one or more cutout regions have a combined cross-sectional area less than a cross-sectional area of a remainder of the lateral wall of the sleeve (see Fig. 7, cross sectional area of the sleeve wall 3 is larger than then cross-sectional area of the cutouts 37).
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) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox et al. US 2018/0280625 in view of Frost et al. WO 2018/202458A1.
As for claims 6 and 7, Cox discloses all the limitations as recited above but does not specify wherein the engaging portion comprises a narrow end having a width of less than 0.05in in or 0.015in. However, Frost teaches a tool for removing a protective cover from an instrument wherein the tool is provided with wedge-shaped elements (22) for removing said protective cover. Frost does not specify the width of the narrow ends being between 0.05in or 0.015in, however, it would have been obvious to one of ordinary skill in the art, before the effective filing date, through routine engineering to modify the width to 0.05in or 0.015in for removing and/or installing a protective cover on an instrument. The difference between the prior art and the claims was a recitation of relative dimensions which would not perform differently than the prior art teachings, therefore the claimed device is not patentably distinct from the prior art. (In Gardnerv. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Allowable Subject Matter
Claims 16-22 are allowed.
Claims 8 and 14-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723
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