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 Objections
Claim 38 is objected to because of the following informalities:
Claim 38, line 3 recites “the retractor arm a frame member” and should be amended to recite “the retractor arm to a frame member”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24 and 29-38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites the limitation "the swivel gear sidewalls comprise" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examining the claim, “the swivel gear sidewalls comprise” will be interpreted as “the swivel gear sidewall comprises” as disclosed in line 3 of claim 24. Similarly, line 7 of claim 24 recites “the swivel gear sidewalls” and will be interpreted as “the swivel gear sidewall” (singular).
Claim 29 recites the limitation "a retractor blade" in line 11. It is unclear whether “a retractor blade” is referring to the retractor blade disclosed in line 5 of claim 29, if it is referring to a new retractor blade. For the purpose of examining the claim, “a retractor blade” in line 11 will be interpreted as “the retractor blade”.
Claim 33 recites the limitation "the swivel gear sidewalls comprise" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examining the claim, “the swivel gear sidewalls comprise” will be interpreted as “the swivel gear sidewall comprises” as disclosed in line 3 of claim 33. Similarly, line 7 of claim 33 recites “the swivel gear sidewalls” and will be interpreted as “the swivel gear sidewall”.
Appropriate corrections are required.
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 19, 20, 28-30, 37 and 38, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capote et al. (U.S. Publication No.2017/0014119 A1; hereinafter “Capote”).
Regarding claim 19, Capote discloses a retractor arm, comprising: an arm comprising one or more arm members (see member 16 in Figure 5) that extend from an arm proximal end (near reference numeral 14 in Figure 5) to an arm distal end (see reference numeral 24 in Figure 5); and a retractor blade connector (40, 240) coupled to the arm distal end (Figure 5); wherein the retractor blade connector comprises a swivel gear (collar 242 comprises a radially spined surfaces 268) comprising a retractor blade attachment port (lateral passageway 278) and an axis of rotation that passes longitudinally through the retractor blade attachment port (see axis X6 in Figure 6); and wherein the swivel gear is configured to confine a rotation of a retractor blade (30), whose attachment post (arm 36a) is inserted in the retractor blade attachment port (Figures 7-8), to a rotation of the swivel gear such that the retractor blade and swivel gear rotate in unison about the axis of rotation (para.0062).
Regarding claim 20, Capote further discloses wherein the swivel gear comprises teeth (268) that engage teeth (292) of the retractor blade and confine the rotation of the retractor blade to the rotation of the swivel gear (para.0062).
Regarding claim 28, Capote further discloses a clamp (see member 106 in Figure 4) at the arm proximal end, wherein the clamp is configured to secure the arm proximal end to a frame (18).
Regarding claim 29, Capote discloses a retractor system, comprising: a retractor arm (16) comprising one or more arm members (see member 16 in Figure 5) that extend from an arm proximal end (near reference numeral 14 in Figure 5) to an arm distal end (see reference numeral 24 in Figure 5) and a retractor blade connector (40, 240) coupled to the arm distal end (Figure 5); and a retractor blade (30) attached to retractor arm via a swivel gear (collar 242) of the retractor blade connector, the retractor blade comprising a retractor body (see annotated Figure 7 below) , an attachment post (36) extending from the retractor body and into an attachment port (lateral passageway 278) of the swivel gear, and a blade extending from the retractor body (see annotated Figure 7 below); wherein the swivel gear comprises an axis of rotation that passes longitudinally through the attachment port (see axis X6 in Figure 6); and wherein the swivel gear (242) is configured to confine a rotation of the retractor blade (30) to a rotation of the swivel gear such that the retractor blade and swivel gear rotate in unison about the axis of rotation (para.0062).
Regarding claim 30, Capote further discloses wherein: the retractor blade (30) comprises teeth (splines 292); and the swivel gear comprises teeth (surface 268) that engage the teeth of the retractor blade and confine the rotation of the retractor blade to the rotation of the swivel gear (para.0062).
Regarding claim 37, Capote further discloses wherein the attachment port of the swivel gear (278) circumscribes the attachment post (36) of the retractor blade (Figures 7-8).
Regarding claim 38, Capote further discloses a frame comprising one or more frame members (18); and a clamp (14) that secures the retractor arm to a frame member of the one or more frame members (see Figure 4).
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Allowable Subject Matter
Claims 21-27 and 31-36 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, and once the rejections under 35 U.S.C. 112(b) discussed above have been appropriately addressed/corrected.
Claims 21-25 and 31-34 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 claims 19 and 29. In particular, none of the cited references teach or suggest wherein the retractor blade connector comprises a detent positioned to selectively engage the swivel gear and prevent the swivel gear from rotating about the axis of rotation, as required by claims 21 and 31.
Claims 26, 27, 35 and 36 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 claims 19 and 29. In particular, none of the cited references teach or suggest a plunger movable between at least a locked position and an unlocked position; and a detent configured to engage the attachment post of the retractor blade and prevent withdrawal of the attachment post of the retractor blade from the retractor blade attachment port when the plunger is in the locked position, as required by claims 26 and 35.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fetzer U.S. Publication No.2006/0178566 A1)
Farley et al. U.S. Publication No.5,984,865
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
/JACQUELINE T JOHANAS/Primary Patent Examiner, Art Unit 3773