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 .
Election/Restrictions
Applicant’s election without traverse of Group II claims 13-19 in the reply filed on May 20, 2026 is acknowledged.
Claims 2-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mirza et al. (US 2014/0066964 A1).
Regarding claim 13, Mirza discloses a device for cutting soft tissue in a hand of a patient, the device comprising: a handle 30; an introducer shaft 20 extending from the handle and having a distal portion (Fig. 4); a blade 80; and a slider 60, 70 rotatably attached to the handle and the blade (para. [0098], [0100]-[0101]), wherein the slider is configured to rotate relative to an upper surface of the handle (para. [0098], [0100]-[0101]) and slide along the handle to advance and retract the blade along the introducer shaft (para. [0095]).
Regarding claim 14, Mirza discloses the device of claim 13, wherein the handle comprises at least one contoured area for placement of a user's fingers while holding the handle (i.e., 13A-F show a curvature of the handle such that the user can place their fingers around the device ergonomically).
Regarding claim 15, Mirza discloses the device of claim 13. Mirza also discloses wherein the introducer shaft is flat (Fig. 4) and has an upward curve along the distal portion (i.e., upward curve is being defined as from the bottom of the channel slot to each of the upward curved walls that run along the longitudinal axis).
Regarding claim 16, Mirza discloses the device of claim 13. Mirza also discloses wherein the blade includes a curved, proximally facing cutting surface (Fig. 5; para. [0093, 0095])).
Regarding claim 17, Mirza discloses the device of claim 13. Mirza also discloses wherein the slider is attached to the handle via a hinge 61, and wherein the handle further comprises a track along which the slider slides (i.e., see Fig. 7, 70 moves through (and rotates with 60), the hollow body defining a lumen through which 70 passes).
Regarding claim 18, Mirza discloses the device of claim 13. Mirza also discloses wherein the introducer shaft comprises: a guiding channel on a top surface of the introducer shaft 21; and a rotating channel within and deeper than the guiding channel (i.e., at 22 at the open end).
Regarding claim 20, Mirza discloses the device of claim 18. Mirza also discloses wherein a distal end of the introducer shaft is rounded and is not configured to cut tissue (Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
/BROOKE LABRANCHE/ Primary Examiner, Art Unit 3771
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