DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed July 14th, 2026 have been fully considered but they are not persuasive. With respect to claims 1 and 8, Applicant has amended their claim to recite “wherein the elongate element is unthreaded in at least a middle portion of the elongate element between the first arm and the second arm”. And argues that the prior art of Dinkler et al. fails to teach or disclose this structural feature. The Examiner respectfully disagrees with this assertion. Dinkler et al. teaches that the elongate element is unthreaded in the middle portion as flat 100 is unthreaded along the entire length of the elongate element. As a result, Applicant’s arguments and remarks are not found persuasive to overcome the prior art of record.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-14 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Dinkler et al. (US 5,616,117).
Regarding claim 1, Dinkler et al. disclose a two-bladed retractor system comprising a first retractor blade (24); a second retractor blade (25) facing the first retractor blade; a first arm (22) extending from a proximal end (@106) of the first retractor blade and defining a first axis (see figure below); a second arm (23) extending from a proximal end (@106) of the second retractor blade and defining a second axis (see figure below); an elongate element (26) having a length (see figure below) defining a third axis (91), wherein the length is greater than a width (see figure below) and a depth (see figure below) of the elongate element and the elongate element is configured to slidingly receive the first arm and the second arm (column 4, lines 14-23), such that the first axis is parallel to the second axis and the first axis and the second axis are perpendicular to the third axis (figure 1), wherein the elongate element is unthreaded in at least a middle portion of the elongate element between the first arm and the second arm (the elongate element is unthreaded in the middle portion as flat 100 is unthreaded along the entire length of the elongate element).
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Regarding claim 2, Dinkler et al. disclose the first retractor blade and the second retractor blade define a surgical opening located between a first retractor blade facing surface and a second retractor blade facing surface (figure 1).
Regarding claim 3, Dinkler et al. disclose the first axis does not intersect the surgical opening (figure 1).
Regarding claim 4, Dinkler et al. disclose the two-bladed retractor system comprises exactly two retractor blades (figure 1). Regarding claim 5, Dinkler et al. disclose means for moving (32) the first retractor blade relative to the elongate element (column 4, lines 14-23).
Regarding claim 6, Dinkler et al. disclose means for moving (33) the second retractor blade relative to the elongate element (column 4, lines 14-43).
Regarding claim 7, Dinkler et al. disclose a length of the first retractor blade is orthogonal to a length of the first arm and a length of the second retractor blade is orthogonal to a length of the second arm (figure 1).
Regarding claim 8, Dinkler et al. disclose a two-blade surgical retractor system comprising an elongate element (26) comprising a first end (see figure below) and a second end (see figure below) with a length (see figure below) therebetween, the elongate element defining a first axis (91) along the length thereof, a first retractor blade (24 + 22) having a first arm (22) extending from a proximal end (@106) of the first retractor blade and a first blade face (see figure below); a second retractor blade (25 + 23) having a second arm (23) extending from a proximal end (@106) of the second retractor blade and a second blade face (see figure below) that faces the first blade face, wherein the first arm and the second arm are sliding received by the elongate element (column 4, lines 14-23) and the second retractor blade defines a reference point (108) located thereon, wherein, when the second arm slides relative to the elongate element, the reference point defined by the second retractor blade moves in a linear direction parallel to the first axis along which the second retractor arm translates and orthogonal to the second retractor blade face (figure 1), wherein the elongate element is unthreaded in at least a middle portion of the elongate element between the first arm and the second arm (the elongate element is unthreaded in the middle portion as flat 100 is unthreaded along the entire length of the elongate element).
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Regarding claim 9, Dinkler et al. disclose the first retractor blade and the second retractor blade define a surgical opening located between the first retractor blade face and the second retractor blade face (figure 1).
Regarding claim 10, Dinkler et al. disclose the first axis does not intersect the surgical opening (figure 1).
Regarding claim 11, Dinkler et al. disclose the two-bladed retractor system comprises exactly two retractor blades (figure 1).
Regarding claim 12, Dinkler et al. disclose means for moving (32) the first retractor blade relative to the elongate element (column 4, lines 14-23).
Regarding claim 13, Dinkler et al. disclose means for moving (33) the second retractor blade relative to the elongate element (column 4, lines 14-43).
Regarding claim 14, Dinkler et al. disclose a length of the first retractor blade is orthogonal to a length of the first arm and a length of the second retractor blade is orthogonal to a length of the second arm (figure 1).
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 MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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