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
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waugh et al. (U.S. Publication No.2019/0021716 A1; hereinafter “Waugh”).
Regarding claim 1, Waugh discloses a surgical retractor (see the embodiment of Figures 4A-4B) comprising: a first retractor arm (401); a second retractor arm (402); and a third retractor arm (403) coupled with the first retractor arm and the second retractor arm to move in tandem therewith (para.0080).
Regarding claim 2, Waugh further discloses wherein the first retractor arm (401) and the second retractor arm (402) pivot about a single axis (see annotated Figure 4B below).
Regarding claim 3, Waugh further discloses a retractor body (443, 445) operatively connected (via pin 433) to the third retractor arm (403).
Regarding claim 4, Waugh further discloses wherein the retractor body (443, 445) includes a pivot (443) pivotably connected (via ratcheting slide 445) to the first retractor arm (401) and the second retractor arm (402).
Regarding claim 5, Waugh further discloses wherein the retractor body (443, 445) is configured to receive the third retractor arm therein (via pin 433).
Regarding claim 6, Waugh further discloses wherein the retractor body (443, 445) includes a ratcheting mechanism (ratcheting slide 445) operatively engaging the third retractor arm (see annotated Figure 4B below).
Regarding claim 7, Waugh further discloses wherein the first (401), second (402), and third retractor arms (403) are movable relative to the retractor body (via pins 431, 432, 433).
Regarding claim 8, Waugh further discloses a first pivot arm (441) connected to the first retractor arm (401) and the third retractor arm (403); and a second pivot arm (442) connected to the second retractor arm (402) and the third retractor arm (403)(see annotated Figure 4B below).
Regarding claim 9, Waugh further discloses wherein the first (401), second (402), and third retractor arms (403) are movable between a first position and second position spaced from the first position (rods 401, 402 and 403 are movable relative to each other via manipulation of arms 441, 442, 443) .
Regarding claim 10, Waugh further discloses wherein movement of the first (401) and second (402) retractor arms drives movement of the third retractor arm (403)(para.0080).
Regarding claim 11, Waugh further discloses wherein each of the first, second, and third retractor arms (401, 402, 403) comprises a modular finger (b1, b2, b3) extending therefrom (see annotated Figure 4B below).
Regarding claim 12, Waugh discloses a surgical retractor (see the embodiment of Figures 4A-4B) comprising: a retractor body (443, 445) that includes a ratcheting mechanism (ratcheting slide 445); a first retractor arm (401) pivotably connected to the retractor body (see annotated Figure 4B below) and including a first finger (b1) extending therefrom; a second retractor arm (402) pivotably connected to the retractor body (see annotated Figure 4B below) and including a second finger (b2) extending therefrom; a third retractor arm (403) operatively coupled with the first and second retractor arms to move in tandem therewith (para.0080) and including a third finger (b3) extending therefrom, wherein the first retractor arm (401) and the second retractor arm (402) pivot about a single axis (see annotated Figure 4B below); a first pivot arm (441) connected to the first retractor arm (401) and the third retractor arm (403); and
a second pivot arm (442) connected to the second retractor arm (402) and the third retractor arm (403), wherein the retractor body (443, 445) is configured to operatively engage the third retractor arm (via arm 443 and pin 433).
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Claims 1-5, 8-11 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (U.S. Publication No.2005/0080320 A1; hereinafter “Lee”).
Regarding claim 1, Lee discloses a surgical retractor (see retractor 500 in Figure 11) comprising: a first retractor arm (513L); a second retractor arm (513R); and a third retractor arm (534) coupled with the first retractor arm and the second retractor arm to move in tandem therewith (para.0068).
Regarding claim 2, Lee further discloses wherein the first retractor arm (513L) and the second retractor arm (513R) pivot about a single axis (via pivot pin 520, see also para.0066).
Regarding claim 3, Lee further discloses a retractor body (443, 445) operatively connected (via pin 433) to the third retractor arm (403).
Regarding claim 4, Lee further discloses wherein the retractor body (handles 511L, 511R) includes a pivo pivotably connected (519L, 519R) to the first retractor arm and the second retractor arm (Figure 11).
Regarding claim 5, Lee further discloses wherein the retractor body (handles 511L, 511R) is configured to receive the third retractor arm therein (sliding bar 530 slides between handles 511L and 511R).
Regarding claim 8, Lee further discloses a first pivot arm (540L) connected to the first retractor arm (513L) and the third retractor arm (534); and a second pivot arm (540R) connected to the second retractor arm (513R) and the third retractor arm (534)(see Figure 11).
Regarding claim 9, Lee further discloses wherein the first, second, and third retractor arms (513L, 513R, 534) are movable between a first position and second position spaced from the first position (para.0065 and 0068) .
Regarding claim 10, Lee further discloses wherein movement of the first and second retractor arms (513L, 513R) drives movement of the third retractor arm (534)(para.0068).
Regarding claim 11, Lee further discloses wherein each of the first, second, and third retractor arms comprises a modular finger extending therefrom (blades 513L, 513R, 534).
Regarding claim 13, Lee discloses a surgical retractor (see retractor 500 in Figure 11) comprising: a first retractor arm (513L) having a proximal end and a distal end; a second retractor arm (513R) having a proximal end and a distal end; and a third retractor arm (534) having a proximal end and a distal end, the third retractor arm being coupled to the first retractor arm and to the second retractor arm about each of a first pivot point (520) and a second pivot point (519L, 519R), wherein movement of the first retractor arm relative to the second retractor arm results in tandem movement of each of the first, the second, and the third retractor arms relative to one another (para.0068).
Regarding claim 14, Lee further discloses wherein, during tandem movement, the first retractor arm and the second retractor arm pivot about the first pivot point (para.0066-0067).
Regarding claim 15, Lee further discloses wherein, during tandem movement, the first retractor arm (513L) and the second retractor arm (513R) pivot about the second pivot point (519L, 519R), and the third retractor arm (534) translates in unison with the second pivot point (para.0065-0066).
Regarding claim 16, Lee further discloses a retractor body operatively connected to the third retractor arm, wherein, during tandem movement, the third retractor arm slidably translates into the retractor body (sliding bar 530 slides between handle portions 511L, 511R, see para.0065).
Regarding claim 17, Lee further discloses wherein the first retractor arm (513L) and the second retractor arm (513R) are mirror images of one another (see Figure 11).
Regarding claim 18, Lee further discloses a retractor body operatively connected to the third retractor arm, wherein, during tandem movement, the retractor body remains motionless (threaded bar 160 and nut 170 noted in Figure 1 but also shown in Figure 11, do not move relative to blades 513L, 513R, 534).
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Allowable Subject Matter
Claims 19 and 20 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.
Claim 19 in 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 13. In particular, none of the cited references teach or suggest wherein the retractor body includes a ratcheting mechanism comprising two sets of releasably inter-engaging, linearly arranged, teeth, wherein, with the two sets of teeth inter-engaged and locked, pivotal and translatable movement of each the first retractor arm, the second retractor arm, and the third retractor arm, is precluded, as required by claim 19.
Claim 20 in the claims 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 13. In particular, none of the cited references teach or suggest wherein the retractor body includes a ratcheting mechanism comprising two sets of releasably inter-engaging teeth, wherein, with the two sets of teeth inter-engaged and locked, pivotal movement about each of the first pivot point and the second pivot point, is precluded, as required by claim 20.
Response to Arguments
Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive.
Independent claim 1 recites in part “a third retractor arm coupled with the first retractor arm and the second retractor arm to move in tandem therewith”. Similarly, independent claim 12 discloses these features. The Applicant asserts that Waugh fails to disclose these features. Specifically, the Applicant asserts that none of Waugh’s attachments rods are coupled with each other. Furthermore, the Applicant asserts that Waugh’s attachment rods are not retractor arms, since blades b1-b3 are secure to actual first, second and third retractor arms 441-443 respectfully, and fails to disclose a third retractor arm that moves in tandem with first and second retractor arms. It is respectfully disagreed.
Firstly, Waugh discloses first, second and third attachment rods (401, 402, 403) as first, second and third retractor arms. Blades b1, b2, b3 are fitted with attachment rods 401, 402, 403 which are configured to be capable of securing to a frame, handle or other attachment mechanism so as to be individually or simultaneously manipulated when either attached or not attached to the handheld retractor T3 (see para.0080). The three attachment rods are coupled with each other via handheld retractor T3 (see Figure 4B).
Secondly, Waugh discloses wherein the third retractor arm (third attachment rod 403) moves in tandem with the first and second retractor arms (first and second attachment rods 401, 402). As stated above, attachment rods 401, 402, 403 can be simultaneously manipulated when either attached or not attached to the handheld retractor T3 (para.0080).
For the reasons discussed above, claims 1-12 continue to stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waugh (U.S. Publication No.2019/0021716 A1). Furthermore, upon further search and consideration of new claims 13-18, claims 1-5, 8-11 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (U.S. Publication No.2005/0080320 A1).
Conclusion
THIS ACTION IS MADE FINAL. 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 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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