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 § 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 10-16 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.
Claims 10 and 15 recite the limitation "wherein the introducer has a diameter which is less than a diameter of the tapered tip." However, at the transition point between the tapered tip and the introducer, the diameter is the same. Therefore, it is unclear how the introducer has a diameter which is less than a diameter of the tapered Examiner recommends amending to "wherein the introducer has a diameter which is less than a greatest diameter of the tapered or similar.
Allowable Subject Matter
Claims 10-16 are rejected under 35 U.S.C. 112, second paragraph, as stated above, but would be allowable if rewritten to correct the indefiniteness.
The following is a statement of reasons for the indication of allowable subject matter:
Huebner (US 2013/0211468) discloses a surgical screw (10, 110, 710, FIGS. 1, 10, 20), comprising: a cannulated body (16) having a proximal end (20, 120) and a distal end (18, 118), the distal end having a tapered tip (24, 124, 624, 141); a plurality of threads (122 at leading end, 122 at trailing end, FIG. 10) positioned around at least a portion of the exterior of the cannulated body; an introducer (742, 161) extending distally from the tapered tip; wherein the introducer has a diameter which is less than a greatest diameter of the tapered tip (FIG. 20); and a channel (34, 134) extending through the body from the proximal end to the distal end. However, the prior art, alone or in combination, fails to disclose wherein the plurality of threads includes a primary external thread and a secondary external thread both positioned around at least the tapered tip region, and wherein the primary external thread extends around the whole of the tapered tip region to the distal end of the tapered tip region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, 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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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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