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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vayser et al. (US Pub 2013/0267786).
With respect to claim 1, Vayser discloses a surgical retractor (See figures 8A-B, 19C and 11B below), comprising: an elongate portion (fig 8, 14) configured to be grasped by a user’s hand; a curved portion (See fig 8A below) extending distally from the elongate portion and defining a pocket (see fig 11B below); a blade portion (fig 8A, 88) having a substantially concave shape (see fig 8B and 10C) along at least a part of the blade portion; a distal end portion (fig 8A, 82) extending from the blade portion in a direction that is off-axis (See fig 8A below) from the blade portion; and a light source (fig 11B, 56) positioned to emit light distally towards the distal end portion (paragraph 68, illuminates the surgical field). With respect to claim 2, Vayser discloses wherein the part of the blade portion provides a viewing slot (fig 8B, 86). With respect to claim 3, Vayser discloses wherein the elongate portion comprises a substantially linear section (See fig 8A below) having a first width (fig 8) and a base (See fig 8A below) having a second width that is larger than the first width (fig 8A). With respect to claim 4, Vayser discloses wherein the curved portion is located at a first end of the elongate portion, and wherein the base is located at a second, opposite end of the elongate portion (See fig 8A below). With respect to claim 5, Vayser discloses wherein the distal end portion comprises a plurality of elements (fig 10C, 83) configured to grip tissue during use of the surgical retractor. With respect to claim 6, Vayser discloses wherein a surface (See fig 10c below) of the blade portion along the part of the blade faces a first direction (face down), and wherein the plurality of elements extend in a second, opposite direction (face up) with respect to the blade portion. With respect to claim 7, Vayser discloses, wherein the part of the blade portion has a first width at least a portion of the elongate portion has a first width that is different from at least a portion of a second width of the blade portion (see fig 8A below shows different widths). With respect to claim 8, Vayser discloses wherein the blade portion is integral with the distal end portion (fig 10C). With respect to claim 9, Vayser discloses wherein the blade portion is oriented at an angle of approximately 90 degrees with respect to the handle portion (paragraph 75). With respect to claim 10, Vayser discloses wherein the blade portion comprises a nonconductive plastic material (paragraph 11). With respect to claim 11, Vayser discloses wherein the surgical retractor is configured to be a single-use device (paragraph 68). With respect to claim 12, Vayser discloses, wherein the surgical retractor is configured to perform a breast-related surgery (paragraph 68). With respect to claim 13, Vayser discloses wherein the surgical retractor comprises an orthopedic retractor (paragraph 132).
With respect to claim 14, Vayser discloses method of using a surgical retractor, the method comprising: creating an incision in a patient (paragraph 122, fig 24, I); and manipulating the surgical retractor to create a pocket along the incision (paragraph 122, fig 24B), wherein the surgical retractor comprises: an elongate portion (fig 8, 14) configured to be grasped by a user’s hand; a curved portion (See fig 8A below) extending distally from the elongate portion and defining a pocket (see fig 11B below); a blade portion (fig 8A, 88) having a substantially concave shape (see fig 8B and 10C) along at least a part of the blade portion; a distal end portion (fig 8A, 82) extending from the blade portion in a direction that is off-axis (See fig 8A below) from the blade portion; and a light source (fig 11B, 56) positioned to emit light distally towards the distal end portion (paragraph 68, illuminates the surgical field). With respect to claim 15, Vayser discloses further comprising manipulating the surgical retractor to retract a tissue (fig 24C). With respect to claim 16, Vayser discloses wherein the tissue comprises a breast tissue (paragraph 122). With respect to claim 17, Vayser discloses further comprising: illuminating the pocket with the light source (fig 24D, paragraph 122); and performing a surgical procedure at the pocket while the pocket is illuminated by the light source (fig 24E and paragraph 122). With respect to claim 18, Vayser discloses wherein the surgical retractor comprises a single-use device, and wherein the method further comprises disposing of the surgical retractor after performing the surgical procedure (paragraph 68). With respect to claim 19, Vayser discloses further comprising viewing the pocket along the part of the blade portion (paragraph 122). With respect to claim 20, Vayser discloses wherein the blade portion is integral with the distal end portion (Fig 10C).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120116170 A1 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 20140371536 A1 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 20130197313 A1 discloses a retractor having an elongated portion, curved portion, blade and light source
US 5179938 A discloses a retractor having an elongated portion, curved portion, blade and light source
US 9861349 B2 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 3592199 A discloses a retractor having an elongated portion, curved portion, blade, and light source
US 8142352 B2 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 3826248 A discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 8012089 B2 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 8394016 B1 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 5967971 A discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
US 6676598 B2 discloses a retractor having an elongated portion, curved portion, blade, distal portion and light source
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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