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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 03 December 2025. As directed by the amendment: Claims 1, 9, and 20 have been amended, and claims 7, 10, and 26 are cancelled. Claims 1-6, 8, 9, 11-25, and 27-30 currently stand pending in the application.
The claim amendments are not sufficient to overcome the claim objections listed in the previous action, which are repeated in relevant part below.
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102(a)(2) have been considered but are moot because the new ground of rejection does not rely on any combination or interpretation of the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any interpretation of the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
As to the modification of Gazonnet et al. (US 12,133,655) in view of Taylor et al. (US 5,944,736), Applicant contends that the rationale to combine is conclusory and lacks the required articulation. Examiner respectfully submits that Taylor teaches rotation of a knob/threaded shaft actuates sliding movement of one arced member into and out of another arced member, and Taylor teaches the threaded shaft engages a curved rack 692 on the inner arced member. As applied to Gazonnet, the inner arced member would be arm 9, which, in view of Taylor, would comprise a curved rack that is engaged by the threaded shaft so that rotation of the knob/threaded shaft actuates the relative movement of the nested arced members, the threaded shaft acting as a worm screw to provide incremental adjustments in relative positions of the nested arced members. Gazonnet discloses a linkage comprising guide pins 18 received in a curved slot 17, with modification below to include a reversal of parts to meet the claimed limitations. The guide pins in slot disclosed by Gazonnet guides the relative motion (along arcs) actuated by the threaded shaft taught in Taylor.
Just because a prior art product functions satisfactorily does not mean that a skilled artisan would not try to improve it. One would be motivated to modify Gazonnet to include the threaded shaft taught in Taylor to allow for precise minute manipulation of the relative positions of the ends of the device, therefore resulting in greater and more precise control of the relative positions and preventing unintended relative movement that would affect the bone positions.
Claim Objections
Claims 20-25 and 27-30 are objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
As to claim 20 / line 10: “outside of the first of the metatarsal;”
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8, 9, 11-25, and 27-30 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claims 1 and 20, the limitations “driving the threaded shaft in a linkage including guide pins received in curved slots” are not supported by the specification as originally presented. The specification is silent as to driving the threaded shaft in a linkage including guide pins received in curved slots; the threaded shaft is not driven in the guide pins/curved slots but rather in a bore 113 in inner portion 110 which also includes the guide pins 115a,b, while the curved slots 124a,b are in the outer portion 120. The term “linkage” is also not supported by the specification as originally presented.
As to claim 9, the term “linkage” is not supported by the specification as originally presented.
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 9, 11-25, and 27-30 rejected under 35 U.S.C. 112(b) 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.
As to claim 9, the limitation “the two opposed, skin-interfacing side surfaces” (lines 6-7) renders the claims indefinite, because it lacks proper antecedent basis in the claims. There is a previous recitation of “two surfaces” but not two opposed, skin-interfacing side surfaces. For examination purposes, the recitation of “two surfaces” (claim 9 / line 5) will be interpreted as being amended in line with the later limitation.
As to claim 20, the limitation “the member having two opposed skin-interfacing side surfaces by driving the threaded shaft in a linkage comprising guide pins received in curved slots that guide relative motion between the first end and the second end” (lines 5-7) renders the claims indefinite, because it is unclear how the two opposed skin-interfacing side surfaces are related to the driving the threaded shaft. For examination purposes, the limitation “by driving the threaded shaft in a linkage comprising guide pins received in curved slots that guide relative motion between the first end and the second end” (lines 5-7) will be interpreted as deleted.
Further as to claim 20, the limitation “by driving the threaded shaft in a linkage comprising guide pins received in curved slots that guide relative motion between the first end and the second end” (lines 13-15) renders the claims indefinite, because it is unclear if this refers to the identical limitation recited earlier in the claim (lines 5-7). For example, it is unclear if the second recitations of “a linkage”, “guide pins”, “curved slots”, and “relative motion” are intended to refer back to the respective first recitations of those terms, or to different instances of those terms. For examination purposes, the first recitation of “by driving the threaded shaft in a linkage comprising guide pins received in curved slots that guide relative motion between the first end and the second end” (lines 5-7) will be interpreted as deleted, as above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8, 9, 11-25, and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. US 12,133,655 to Gazonnet et al. (hereinafter, “Gazonnet”), in view of U.S. Patent No. US 5,944,736 to Taylor et al. (hereinafter, “Taylor”).
As to claim 1, Gazonnet discloses a device, FIGS. 17-18, comprising: a first end (superior end in FIG. 18) having a first anatomy interfacing portion (8c) and an anchor (22) configured to be inserted into an intramedullary canal of a first bone fragment (lower bone fragment shown for exemplary purposes in another embodiment in FIGS. 9-10) (col. 6 / lines 17-22); a second end (inferior end); a member (11) coupled to the second end (coupled to the second inferior end of 9), the member having two opposed skin-interfacing side surfaces (opposed side surfaces of 11, one shown in the plane of the page in FIG. 18; skin-interfacing is interpreted as language of intended use – the two opposed side surfaces of 11 are fully capable of interfacing with skin if for example the member 11 is slightly inserted into a skin incision so that the side surfaces interface with the skin, and/or distal edges of the side surfaces are fully capable of interfacing with the skin when the member 11 is abutted against the skin) defining a second anatomy interfacing portion (exterior/distal surfaces of 20) between them (col. 5 / lines 56-61), shown in another embodiment in FIG. 16, the two surfaces being spaced apart from each other along a lateral axis of the first bone fragment, the second anatomy interfacing portion configured to be positioned on an outside of the first bone fragment, FIG. 16; and wherein the device undergoes a pivoting of the first end with respect to the second end (as the member 11 at the second end extends out of or into the grip 2, the first and second ends pivot relative to each other) such that, while the anchor is located in the intramedullary canal of the first bone fragment, the first anatomy interfacing portion is configured to contact and push a second bone fragment (upper bone fragment), adjacent to the first bone fragment, off-axis relative to the first bone fragment (col. 6 / lines 23-30), FIG. 10 (interpreted as language of intended use; the pivoting or relative movement of the first and second ends is fully capable of resulting in the first anatomy interfacing portion 8c contacting and pushing the second bone fragment while the anchor is located in the intramedullary canal of the first bone fragment; for example, in FIG. 10, if the member 11 is held stationary and the rest of the device including the first end is pivoted away counterclockwise by moving the grip counterclockwise, then, while the anchor is located in the intramedullary canal of the first bone fragment, the first anatomy interfacing portion would push the second bone fragment further to the left and/or downward, which is off-axis relative to at least an original position of the first bone fragment, i.e. the pushing need not move the bone fragments relative to each other in order for the second bone fragment to be off-axis).
As to claim 2, Gazonnet discloses the device of claim 1, wherein the device defines one or more holes (19, 8b) each sized and configured to receive at least one of a fixation wire, tool, pin, or screw (interpreted as language of intended use without positive recitation; the hole 8b is fully capable of receiving a fixation wire, tool, pin, or screw since it is an aperture).
As to claim 3, Gazonnet discloses the device of claim 2, wherein the one or more holes includes a plurality of holes (19, 8b) each sized and configured to receive at least one of the fixation wire, tool, pin, or screw (as above).
As to claim 4, Gazonnet discloses the device of claim 3, wherein a first one of the plurality of holes is disposed at an angle with respect to a second hole of the plurality of holes, FIG. 17.
As to claim 5, Gazonnet discloses the device of claim 2, wherein at least one of the one or more holes provides a line of trajectory to the first bone fragment, FIGS. 11 and 16.
As to claim 6, Gazonnet discloses the device of claim 2, wherein at least one of the one or more holes is sized and configured to receive a respective sleeve (20; interpreted as language of intended use without positive recitation) that is sized to receive the at least one of the fixation wire, tool, pin, or screw (also intended use), FIG. 16.
As to claim 8, Gazonnet discloses the device of claim 1, wherein a portion of the anchor is tapered (at its tapered tip, FIG. 18).
Gazonnet discloses a linkage including guide pins (18) received in a curved slot (17) (col. 8 / lines 15-21) that guides relative motion between the first end and the second end (relative motion between the first superior end and the second inferior end as the member 11 extends out of or into the grip 2), but is silent as to curved slots (plural).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reverse the curved slot (17) and holes (14) (FIG. 3), so that the arm (9) has holes that receives the guide pins (18) while each sidewall of the base (4) of the grip (2) has a curved slot (17) along its length, since the mere reversal of the essential working parts of a device involves only routine skill in the art, and the guide pins receive in the curved slots would still guide relative motion between the first and second ends as the member 11 extends out of or into the grip.
Gazonnet is silent as to an actuator having (1) a threaded shaft and (2) a knob configured so that rotation of the knob actuates the pivoting.
Taylor teaches an actuator having a threaded shaft (693) and a knob (694) (col. 20 / lines 2-10), FIG. 29, configured so that rotation of the knob actuates sliding movement of one arced member into and out of another arced member. The threaded shaft engages a curved rack (692) as a worm screw.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gazonnet’s device so that the pivoting of the first end with respect to the second end as the member 11 extends out of or into the grip 2 is actuated by an actuator having a threaded shaft and a knob functionally mounted on the grip of Gazonnet so that rotation of the knob causes the threaded shaft to engage a curved rack on the inner section (Gazonnet at 9 would include the curved rack 692 as taught by Taylor) to actuate the relative movement and pivoting, to allow for precise minute manipulation of the relative positions of the ends of the device. The threaded shaft would be driven in the linkage as modified above, where the guide pins received in the curved slots guide the relative motion, since the knob is functionally mounted on the grip with the curved slots and the threaded shaft engages the curved rack on the arm with the holes for the guide pins.
As to claim 9, Gazonnet discloses an assembly, FIGS. 17-18, comprising: a first member (8) having a first anatomy interfacing portion (8c), FIG. 17; a second member (11) coupled to the first member (via 9/2) and having an anchor (23) configured to be inserted into an intramedullary canal (interpreted as language of intended use; fully capable of being inserted into the intramedullary canal since the anchor is inserted through the bone and thus through the intramedullary canal) of a first bone fragment (lower bone fragment shown for exemplary purposes in another embodiment in FIGS. 11-12); a third member (5) coupled to the first member, FIG. 17, the third member having two surfaces (opposed side surfaces of a distal end of 5, one shown in the plane of the page in FIG. 18) defining a second anatomy interfacing portion (22) between them, FIG. 18, the two opposed, skin-interfacing side surfaces (skin-interfacing is interpreted as language of intended use – the two opposed side surfaces of 5 are fully capable of interfacing with skin if for example the member 5 is slightly inserted into a skin incision so that the side surfaces interface with the skin, and/or distal edges of the side surfaces are fully capable of interfacing with the skin when the member 5 is abutted against the skin and the member 8 abuts the bone) being spaced apart from each other along a lateral axis of the first bone fragment, the second anatomy interfacing portion configured to be positioned on an outside of the first bone fragment (before insertion into the first bone fragment, the second anatomy interfacing portion is outside the first bone fragment, and after insertion into the first bone fragment, at least a proximal portion of the second anatomy interfacing portion is outside the first bone fragment, e.g. FIGS. 11 and 15), wherein the second anatomy interfacing portion is spaced apart from the first anatomy interfacing portion along a longitudinal axis of the first bone fragment (portions of the second anatomy interfacing portion are spaced apart from the first anatomy interfacing portion along a longitudinal axis of the first bone fragment, FIG. 18); and a pivoting motion (as the member 11 extends out of or into the grip 2, the superior and inferior ends of the assembly pivot relative to each other) that, while the anchor is located in the intramedullary canal of the first bone fragment, is configured to push a second bone fragment (upper bone fragment), adjacent to the first bone fragment, off-axis relative to the first bone fragment (col. 6 / lines 23-30), FIG. 10 (interpreted as language of intended use; the pivoting motion is fully capable of resulting in the first anatomy interfacing portion 8c contacting and pushing the second bone fragment while the anchor is located in the intramedullary canal of the first bone fragment; for example, in FIG. 10, if the member 11 is held stationary and the rest of the device including the superior end is pivoted away counterclockwise by moving the grip counterclockwise, then, while the anchor is located in the intramedullary canal of the first bone fragment, the first anatomy interfacing portion would push the second bone fragment further to the left and/or downward, which is off-axis relative to at least an original position of the first bone fragment, i.e. the pushing need not move the bone fragments relative to each other in order for the second bone fragment to be off-axis).
As to claim 11, Gazonnet discloses the assembly of claim 9, wherein the assembly defines one or more holes (8b) sized and configured to receive one or more respective fixation elements (interpreted as language of intended use without positive recitation of the fixation elements; the hole 8b is fully capable of receiving a fixation element since it is an aperture).
As to claim 12, Gazonnet discloses the assembly of claim 11, wherein the one or more holes provide a line of trajectory to the first bone fragment (since the hole is open toward the first bone fragment, e.g. FIGS. 9-10).
As to claim 13, Gazonnet discloses the assembly of claim 9, further comprising a trajectory cartridge (20) coupled to the first member (via 11/9/2), FIG. 16.
As to claim 14, Gazonnet discloses the assembly of claim 13, wherein the trajectory cartridge defines one or more holes sized and configured to receive a fixation element (25).
As to claim 15, Gazonnet discloses the assembly of claim 14, wherein the one or more holes provide a line of trajectory to the second bone fragment, e.g. FIGS. 12 and 16.
As to claim 16, Gazonnet discloses a kit comprising: the assembly of claim 9; and a trajectory cartridge (20).
As to claim 17, Gazonnet discloses the kit of claim 16, further comprising one or more fixation elements (25).
As to claim 18, Gazonnet discloses the kit of claim 17, wherein the trajectory cartridge defines one or more holes sized and configured to receive the one or more fixation elements, FIG. 16.
As to claim 19, Gazonnet discloses the kit of claim 18, wherein the one or more holes of the trajectory cartridge provide a line of trajectory to the second bone fragment, e.g. FIGS. 12 and 16.
Gazonnet discloses a linkage comprising guide pins (18) received in a curved slot (17) (col. 8 / lines 15-21) coupling the first and second members (via 9/2) that guides relative motion between the superior and inferior ends (relative motion between the superior end and the inferior end as the member 11 extends out of or into the grip 2), but is silent as to curved slots (plural).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reverse the curved slot (17) and holes (14) (FIG. 3), so that the arm (9) has holes that receives the guide pins (18) while each sidewall of the base (4) of the grip (2) has a curved slot (17) along its length, since the mere reversal of the essential working parts of a device involves only routine skill in the art, and the guide pins received in the curved slots would still guide relative motion between the superior and inferior ends as the member 11 extends out of or into the grip.
Gazonnet is silent as to an actuator having a threaded shaft such that rotation of the threaded shaft actuates the pivoting motion.
Taylor teaches an actuator having a threaded shaft (693) (col. 20 / lines 2-10), FIG. 29, such that rotation of the threaded shaft actuates sliding movement of one arced member into and out of another arced member. The threaded shaft engages a curved rack (692) as a worm screw.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gazonnet’s device so that the pivoting motion of the superior end with respect to the inferior end as the section 11 extends out of or into the grip 2 is actuated by an actuator having a threaded shaft and a knob functionally mounted on the grip of Gazonnet so that rotation of the knob causes the threaded shaft to engage a curved rack on the inner section (Gazonnet at 9 would include the curved rack 692 as taught by Taylor) to actuate the relative movement and pivoting, to allow for precise minute manipulation of the relative positions of the ends of the device. The threaded shaft would be driven in the linkage as modified above, where the guide pins received in the curved slots guide the relative motion, since the knob is functionally mounted on the grip with the curved slots and the threaded shaft engages the curved rack on the arm with the holes for the guide pins.
As to claim 20, Gazonnet discloses a bunion deformity correction device (col. 6 / lines 4-5), FIGS. 17-18, comprising: a first end (superior end in FIG. 18) having a first anatomy interfacing portion (8c) and an anchor (22) configured to be inserted into an intramedullary canal of a first fragment (lower bone fragment shown for exemplary purposes in another embodiment in FIGS. 9-10) (col. 6 / lines 17-22) of a metatarsal; a second end (inferior end); a member (11) coupled to the second end (coupled to the second inferior end of 9), the member having two opposed skin-interfacing side surfaces (opposed side surfaces of 11, one shown in the plane of the page in FIG. 18; skin-interfacing is interpreted as language of intended use – the two opposed side surfaces of 11 are fully capable of interfacing with skin if for example the member 11 is slightly inserted into a skin incision so that the side surfaces interface with the skin, and/or distal edges of the side surfaces are fully capable of interfacing with the skin when the member 11 is abutted against the skin) defining a second anatomy interfacing portion (exterior/distal surfaces of 20) between them (col. 5 / lines 56-61), shown in another embodiment in FIG. 16, the two surfaces being spaced apart from each other along a lateral axis of the first fragment of the metatarsal, the second anatomy interfacing portion configured to be positioned on an outside of the first of the metatarsal fragment, FIG. 16; and wherein the device undergoes a pivoting of the first end with respect to the second end (as the member 11 at the second end extends out of or into the grip 2, the first and second ends pivot relative to each other) such that, while the anchor is located in the intramedullary canal of the first fragment of the metatarsal, the first anatomy interfacing portion is configured to contact and push a second fragment (upper bone fragment) of the metatarsal, adjacent to the first fragment of the metatarsal, off-axis relative to the first fragment of the metatarsal (col. 6 / lines 23-30), FIG. 10 (interpreted as language of intended use; the pivoting or relative movement of the first and second ends is fully capable of resulting in the first anatomy interfacing portion 8c contacting and pushing the second bone fragment while the anchor is located in the intramedullary canal of the first bone fragment; for example, in FIG. 10, if the member 11 is held stationary and the rest of the device including the first end is pivoted away counterclockwise by moving the grip counterclockwise, then, while the anchor is located in the intramedullary canal of the first bone fragment, the first anatomy interfacing portion would push the second bone fragment further to the left and/or downward, which is off-axis relative to at least an original position of the first bone fragment, i.e. the pushing need not move the bone fragments relative to each other in order for the second bone fragment to be off-axis).
As to claim 21, Gazonnet discloses the device of claim 20, wherein the device defines one or more holes (19, 8b) each sized and configured to receive at least one of a fixation wire, tool, pin, or screw (interpreted as language of intended use without positive recitation; the hole 8b is fully capable of receiving a fixation wire, tool, pin, or screw since it is an aperture).
As to claim 22, Gazonnet discloses the device of claim 21, wherein the one or more holes include a plurality of holes (19, 8b) each sized and configured to receive at least one of the fixation wire, tool, pin, or screw (as above).
As to claim 23, Gazonnet discloses the device of claim 22, wherein a first one of the plurality of holes is disposed at an angle with respect to a second hole of the plurality of holes, FIG. 17.
As to claim 24, Gazonnet discloses the device of claim 23, wherein the plurality of holes provide a line of trajectory to the first fragment of the metatarsal, FIGS. 11 and 16.
As to claim 25, Gazonnet discloses the device of claim 24, wherein at least one of the plurality of holes is sized and configured to receive a respective sleeve (20; interpreted as language of intended use without positive recitation) that is sized to receive the at least one of the fixation wire, tool, pin, or screw (also intended use), FIG. 16.
As to claim 27, Gazonnet discloses the device of claim 20, wherein a portion of the anchor is tapered (at its tapered tip, FIG. 18).
As to claim 28, Gazonnet discloses the device of claim 27, further comprising a trajectory cartridge (9).
As to claim 29, Gazonnet discloses the device of claim 28, wherein the trajectory cartridge defines one or more different holes (17) sized and configured to receive a fixation element (18) (col. 8 / lines 15-21), FIGS. 17-18.
As to claim 30, Gazonnet discloses the device of claim 29, wherein the one or more different holes of the trajectory cartridge provide a line of trajectory to the second fragment of the metatarsal (the hole 17 allows the trajectory cartridge to slide relative to grip 2 to provide a line of trajectory of a wire 23 to the second bone fragment), shown for example in FIG. 11.
Gazonnet discloses a linkage comprising guide pins (18) received in a curved slot (17) (col. 8 / lines 15-21) that guides relative motion between the first end and the second end (relative motion between the first superior end and the second inferior end as the member 11 extends out of or into the grip 2), but is silent as to curved slots (plural).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to reverse the curved slot (17) and holes (14) (FIG. 3), so that the arm (9) has holes that receives the guide pins (18) while each sidewall of the base (4) of the grip (2) has a curved slot (17) along its length, since the mere reversal of the essential working parts of a device involves only routine skill in the art, and the guide pins receive in the curved slots would still guide relative motion between the first and second ends as the member 11 extends out of or into the grip.
Gazonnet is silent as to an actuator having (1) a threaded shaft and (2) a knob configured so that rotation of the knob actuates the pivoting.
Taylor teaches an actuator having a threaded shaft (693) and a knob (694) (col. 20 / lines 2-10), FIG. 29, configured so that rotation of the knob actuates sliding movement of one arced member into and out of another arced member. The threaded shaft engages a curved rack (692) as a worm screw.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gazonnet’s device so that the pivoting of the first end with respect to the second end as the section 11 extends out of or into the grip 2 is actuated by an actuator having a threaded shaft and a knob functionally mounted on the grip of Gazonnet so that rotation of the knob causes the threaded shaft to engage a curved rack on the inner section (Gazonnet at 9 would include the curved rack 692 as taught by Taylor) to actuate the relative movement and pivoting, to allow for precise minute manipulation of the relative positions of the ends of the device. The threaded shaft would be driven in the linkage as modified above, where the guide pins received in the curved slots guide the relative motion, since the knob is functionally mounted on the grip with the curved slots and the threaded shaft engages the curved rack on the arm with the holes for the guide pins.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRACY L KAMIKAWA/Examiner, Art Unit 3775