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 .
Applicant’s election without traverse of species (5) in the reply filed on 03/13/2026 is acknowledged.
Claims 6 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/13/2026.
Claims 6 and 13, each requires “a second mount” which can be found in i.e. Figs.1, which show a second mount to rotatably connect to a first mount, to allow rotation shown by 114, Fig.1B, Such configuration is not shown in the elected species of Fig.5.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: the drawings do not shown the “lower portion 516” stated in ¶74 of the publication. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "516" and "518" have both been used to designate the lower portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 – 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schipper et al. (US Pub. 2022/0331971 A1).
Claim 1, 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];
a coupling [at least a portion of 220 coupled to at least a portion of 222, defines a coupling] coupled with the clamp via a shaft [at least a portion of 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].
Schipper 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].
Claim(s) 1 and 4 – 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nikou et al. (US Pub. 2011/0263971 A1).
Claim 1, Nikou discloses a tracking system for an offset reamer [abstract, Figs. 1 – 8], comprising:
a clamp [defined by at least a portion by clamp 344, Fig.8B] to couple with a reamer sleeve of the offset reamer [to couple with 74, ¶40];
a coupling [at least a portion by 329] coupled with the clamp via a shaft [at least a portion of 143 defines a shaft, Fig.8A],
a tracking array [at least a portion of 120/320 and 122] coupled with the coupling [Figs.8], the tracking array comprising target mounts to couple targets with the tracking array [at least a portion of 120/320 defines target mount to couple targets 122], 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.4-8].
Nikou discloses the limitations of claim 1, as above, and further, Nikou discloses:
Claim 4, wherein the clamp comprises an upper clamp portion and a lower clamp portion to clamp to the reamer sleeve of the offset reamer at an axis offset from the axis of rotation of the reamer element [at least a portion of 342 defines an upper clamp portion, and at least a portion of 341 or 344 defines a lower clamp portion].
Claim 5, wherein the clamp comprises a nut to fasten the upper clamp portion and the lower clamp portion to the reamer sleeve [at least a threaded female portion that connects with the thumbscrew 343 defines a nut].
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reutter et al. (US Pub. 2017/0167514 A1).
Claim 1, Reutter discloses a tracking system for an offset reamer [abstract, Figs. 1 – 8], comprising:
a clamp [defined by at least a portion of clamp 1, Fig.8] to couple with a reamer sleeve of the offset reamer [to couple with 101, i.e. Figs.5 and 6];
a coupling [at least a portion by 4 or 5] coupled with the clamp via a shaft [at least a portion of 21 defines a shaft, Fig.8],
a tracking array [at least a portion of 102 and 20] coupled with the coupling [Figs.8], the tracking array comprising target mounts to couple targets with the tracking array [at least a portion of 102 defines target mount to couple targets 20], 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.5 and 6].
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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