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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/10/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and claims depending therefrom 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.
Response to Amendment
Amendment to the specification filed on 08/10/2026 is acceptable for entry.
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) 1 – 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schipper et al. (US Pub. 2022/0331971 A1) in view of Pohl et al. (US Pat. 5454810).
Claims 1 and 4 – 5, Schipper discloses a tracking system for an offset reamer [abstract, Figs. 1 – 13], comprising:
a clamp [206] to couple with a reamer sleeve of the offset reamer [¶62], wherein the clamp is coupled with the reamer sleeve [Figs.2];
a coupling [at least a portion of target 220 coupled to at least a portion of 222, defines a coupling] coupled with the clamp via a shaft [at least a portion of target 220 defines a shaft, Figs.2],
a tracking array [at least a portion of 222 and 224] coupled with the coupling [Figs.2], the tracking array comprising target mounts to couple targets with the tracking array [at least a portion of 222 defines target mount to couple targets 224], the shaft to fix a distance between the tracking array and an axis of rotation of a reamer element coupled with a driveshaft of the offset reamer; and the targets coupled with the tracking array via the target mounts [Figs.2];
wherein the clamp is configured to clamp to the reamer sleeve of the offset reamer at an axis offset from the axis of rotation of the reamer element [Figs.2].
Schipper does not disclose wherein the clamp comprising an upper clamp portion coupled to a lower clamp portion, and the upper clamp portion having an extension extending transversely relative to a longitudinal axis of the offset reamer in an assembled state; and wherein the coupling being a coupling assembly coupled to the upper clamp portion extension, the coupling assembly comprising a coupling and a shaft, at least a portion of the shaft disposed within the coupling in an assembled state; and a nut to fasten the upper and lower clamp portions to the shaft portion.
Pohl teaches an analogous surgical device [abstract, Figs. 1 – 3] comprising a clamp [15 or 16] intended to couple to a shaft portion [11], the clamp comprising upper and lower clamp portions [28 and 29] coupled to one another [col.7/II.55 – 58]; the upper clamp portion having an extension [38] extending transversely relative to a longitudinal axis of the shaft in an assembled state [wherein 38 extends transversely relative to longitudinal axis of 11]; and wherein the coupling being a coupling assembly [portions of 34 and 39 define coupling assembly] coupled to the upper clamp portion extension [coupled to 38, Figs.1 - 2], the coupling assembly comprising a coupling [34] and a shaft [39], at least a portion of the shaft disposed within the coupling in an assembled state [Fig.1]; and a nut to fasten the upper and lower clamp portions to the shaft portion [defined by the threaded hole corresponding to clamping screw 33, col.6/II.39 – 53].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to combine the teachings of Schipper and Pohl and construct the clamp of Schipper from upper and lower clamp portions coupled to one another and fastened by a nut, with the upper portion having a transverse extension and the coupling being coupling assembly to be coupled to the upper clamp portion extension, and connect to a shaft or target “200” in view of Pohl. One would have been motivated to do so in order to provide the system of Schipper with a functionally equivalent clamp that can make it easier for assembling and disassembling the reamer to and from the tracking array and further allow positioning and fixing the tracking array at a desire pose relative to the reamer to facilitate registering and tracking the pose of the reamer when in use [Pohl, col.7/II.55 – 58].
The combination of Schipper and Pohl discloses the limitations of claim 1, as above, and further, Schipper discloses:
Claim 2, the offset reamer [Figs.2, ¶73 - ¶74].
Claim 3, wherein offset reamer comprises an off-the-shelf (OTS) offset reamer [since the reamer of Schipper exhibits substantially identical structure to that claimed, then can be referred to as OTS].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 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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/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
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