Detailed Action
This is the final office action for US application number 19/125,074. Claims are evaluated as filed on August 10, 2026.
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 Arguments
Applicant's arguments filed August 10, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Abidin, Prestel, Bailey, Wing, and Jaye teach all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s argument that Applicant’s Figs. 7D-7E contrasts with the complex architecture of Prestel (Remarks p. 8), Examiner agrees and notes that the difference has not been claimed.
With regards to Applicant’s argument that the pin travels differently within the slots for good reason as the invention of claim 1 is directed towards a surgical retractor system where anatomic real estate is a premium and the blades spread only enough to accommodate the anchor head where Prestel is directed toward scissors or manipulators that must accommodate varying widths of tissue (Remarks p. 8), Examiner notes Prestel Figs. 1-3 teach features of a surgical clamp (col. 2 lines 32-36) and not scissors as argued. Further, it has not been asserted that Prestel reads on the invention of claim 1. Instead, as detailed below and on pages 14-19 of the non-final office action dated May 14, 2026 for previous claim 6, such is obvious in view of the combination of Abidin, Prestel, and Bailey where Abidin discloses a surgical retractor with a pivoting plates that hold/clamp the pedicle screw and Prestel teaches a known alternate pivoting mechanism for pivoting plates in a surgical clamp that provides that additional benefit of having a maximum pivoting angle of the cam plates (Prestel col. 4 lines 1-3).
With regards to Applicant’s argument that while claim 1 is not directed toward a method, claim 1 accurately depicts architectural differences between Applicant’s invention and that of Prestel that reflect their different used for different surgical conditions (Remarks p. 8), Examiner notes that this argument does not identify what the purported difference are that are being argued. As detailed below, the combination of Abidin in view of Prestel and Bailey reads on the invention of claim 1.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/424,156 and 63/542,396 and PCT/US23/79302, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 63/424,156 and 63/542,396 and PCT/US23/79302 fail to provide adequate support for “an additional second button” of claim 23 lines 1-2 that is in addition to the second button of claim 17 lines 1-2.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
As to claim 23, the specification appears to lack proper antecedent basis for “an additional second button” of lines 1-2 that is in addition to the second button of claim 17 lines 1-2 from which claim 23 now depends. That is, such does not appear to be described in the specification, shown in the figures, or originally claimed. Thus, the specification fails to provide proper antecedent basis for “an additional second button” of lines 1-2 that is in addition to the second button of claim 17 lines 1-2 from which claim 23 now depends.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an additional second button” of claim 23 lines 1-2 that is in addition to the second button of claim 17 lines 1-2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1 line 19 should read “proximal ends of the first and second cam[[s]] slots”.
Appropriate correction is required.
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.
Claim(s) 23 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 23, “an additional second button” of lines 1-2 that is in addition to the second button of claim 17 lines 1-2 from which claim 23 now depends appears to be new matter. That is, such does not appear to be described in the specification, shown in the figures, or originally claimed. Thus, “an additional second button” of lines 1-2 that is in addition to the second button of claim 17 lines 1-2 from which claim 23 now depends constitutes new matter.
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.
Claim(s) 2-5 and 8 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 2 is/are unclear with regards to “curved walls of the first and second cam slots” in line 4 that are in addition to the sidewalls of the first and second cam slots that are primarily curved of claim 1 lines 13-15 and where support for additional curved sidewalls can be found in the original disclosure. Examiner is interpreting this as referring to, and suggests amending as, “(b) in response to the cam pin being driven proximally, the cam pin travels simultaneously along the curved walls of the first and second cam slots from the distal ends of the first and second cam slots to the proximal ends of the first and second cam slots;”.
Claim(s) 3-5 and 8 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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 of this title, 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.
Claim(s) 1-5, 8, 16, 18, 20, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abidin et al. (US 2015/0313585, hereinafter “Abidin”) in view of Prestel (US 5,968,074) and Bailey (US 5,271,385).
As to claims 1-5, 8, 16, 18, 20, 24, and 25, Abidin discloses a surgical retractor system (100) comprising: a retractor body (102) coupled to first, second, and third retractor arms (108a, 108b, and 112, Fig. 1) ; a first retractor blade (106a) coupled to the first retractor arm (Fig. 1), a second retractor blade (106b) coupled to the second retractor arm (Fig. 1), and a third retractor blade (104) coupled to the third retractor arm (Fig. 1); wherein the first retractor blade includes: a blade body (166, 156, Fig. 5A); an actuator (167); a cam (164a, 164b, 168, 170, 160a, 160b) including a first cam plate (164a) including a first cam hole (172b), a second cam plate (164b) including a second cam hole (172a), and a cam pin (lower portion of 168 and 170 as shown in Fig. 5B, Figs. 5B-5F, ¶s 60, 62, and 63) included within the first and second cam holes (Figs. 5B-5F); a rod (158, 168, 170) coupling the actuator to the cam (Fig. 5A and 5B, ¶s 57 and 59); each of the first and second cam plates comprising an upper portion (see illustration of Fig. 5B, Fig. 5B); wherein: (a) the first cam hole includes opposing ends (upper and lower ends as shown in Fig. 5C, Fig. 5C) coupled to one another by sidewalls (left and right sidewalls as shown in Fig. 5C, Fig. 5C) that are primarily curved (Figs. 5B-5F); (b) the second cam slot includes opposing ends (upper and lower ends as shown in Fig. 5C, Fig. 5C) coupled to one another by sidewalls that are primarily curved (left and right sidewalls as shown in Fig. 5C, Fig. 5C); wherein the first retractor blade is configured so that: (a) actuating the actuator drives the cam pin along a long axis (vertical as shown in Figs. 5A and 5B, Figs. 5A and 5B) of the first retractor blade (¶62 discloses withdrawing 168 from holes 172s, 172b to allow the cam plates 164a, 164b to pivot outwardly), (b) in response to the cam pin being driven, the cam pin travels simultaneously along the curved sidewalls of the first and second cam holes (Fig. 5B, ¶62 discloses withdrawing 168 from holes 172s, 172b to allow the cam plates 164a, 164b to pivot outwardly) from proximal ends of the first and second cam slots (Fig. 5E) towards distal ends of the first and second cam slots (Fig. 5F); and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam holes, distal portions of the first and second cam plates move away from one another (Fig. 5E, ¶62 discloses withdrawing 168 from holes 172s, 172b to allow the cam plates 164a, 164b to pivot outwardly). As to claim 2, Abidin discloses that the first retractor blade is configured so that: (a) actuating the actuator drives the cam pin along the long axis of the first retractor blade (¶64 discloses driving 168 over 170 and into holes 172s, 172b to align the holes and cause the cam plates 164a, 164b to pivot inwardly), (b) in response to the cam pin being driven, the cam pin travels simultaneously along the curved walls of the first and second cam holes (Fig. 5F, ¶64 discloses driving 168 over 170 and into holes 172s, 172b to align the holes and cause the cam plates 164a, 164b to pivot inwardly) from the distal ends of the first and second cam slots to the proximal ends of the first and second cam slots (Figs. 5B-5F); and (c) in response to the cam pin traveling simultaneously along the curved walls of the first and second cam holes, distal portions of the first and second cam plates move towards one another (Fig. 5F, ¶64 discloses driving 168 over 170 and into holes 172s, 172b to align the holes and cause the cam plates 164a, 164b to pivot inwardly). As to claim 3, Abidin discloses that the first cam plate includes a first foot portion (see illustration of Fig. 5B, Fig. 5B) and the second cam plate includes a second foot portion (see illustration of Fig. 5B, Fig. 5B); the first foot portion includes a first void (see illustration of Fig. 5C, Fig. 5C) and the second foot portion includes a second void (see illustration of Fig. 5C, Fig. 5C); the first and second voids are capable of collectively surrounding a portion of a pedicle screw (180, Fig. 5F, ¶65) when the actuator is released and the distal portions of the first and second cam plates move towards one another (Fig. 5F, ¶65). As to claim 4, Abidin discloses that a pivot pin (160a, 160b). As to claim 5, Abidin discloses that the first foot portion is included in a plane (Fig. 5B) that is orthogonal to the long axis of the first retractor blade (Fig. 5B). As to claim 16, Abidin discloses that the second retractor arm is releasably coupled to the second retractor blade (Figs. 2 and 6A, ¶s 33 and 68). As to claim 18, Abidin discloses a second actuator (120b, Figs. 1, 2, 3A and 6A, ¶33), wherein: in a first orientation (Fig. 1): (a) the second actuator is unactuated (Fig. 1), and (b) the second retractor arm is locked to the second retractor blade (Fig. 1, ¶33); in a second orientation (as shown in Fig. 2 for 120a, Fig. 2) the second retractor arm is not locked to the second retractor blade (as shown in Fig. 2 for 120a, Fig. 2) and is capable of decoupling from the second retractor blade (as shown in Fig. 2 for 120a, Fig. 2). As to claim 20, Abidin discloses that in the second orientation: (a) the second actuator is actuated (Fig. 2), and (b) the second retractor arm is not locked to the second retractor blade (as shown in Fig. 2 for 120a, Fig. 2) and is capable of decoupling from the second retractor blade (as shown in Fig. 2 for 120a, Fig. 2). As to claim 24, Abidin discloses a protuberance (threaded portion of 120b, Fig. 2, ¶34) keyed to a void (threaded aperture defined in the sliding arm 108a of ¶34, Figs. 2, 3, and 6A, ¶34); wherein the second actuator includes the protuberance (as defined, Fig. 3) and the second retractor blade includes the void (as defined, Fig. 3, ¶34); in the first orientation the protuberance is located in the void (Fig. 1, ¶34). As to claim 25, Abidin discloses a protuberance (each thread revolution of the threaded portion of 120b, Fig. 2, ¶34) and a void (each thread revolution of the threaded aperture defined in the sliding arm 108a of ¶34, Figs. 2, 3, and 6A, ¶34); the second actuator includes the protuberance (as defined, Fig. 3) and the second retractor blade includes the void (as defined, Fig. 3, ¶34); in the first orientation the protuberance is located in one of the void (as defined, Fig. 3).
Abidin is silent to the actuator being a first button, a resilient member coupling the first button to the blade body, the first cam hole being a first cam slot, the second cam hole being a second cam slot, wherein the first retractor blade is configured so that: (a) depressing the first button drives the cam pin distally along a long axis (136) of the first retractor blade, (b) in response to the cam pin being driven distally, the cam pin travels simultaneously along the curved sidewalls of the first and second cam slots from proximal ends of the first and second cam slots towards distal ends of the first and second cam slots; and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move away from one another. As to claim 2, Abidin is silent to the first retractor blade is configured so that: (a) releasing the first button drives the cam pin proximally along the long axis of the first retractor blade, (b) in response to the cam pin being driven proximally, the cam pin travels simultaneously along the curved walls of the first and second cam slots from the distal ends of the first and second cam slots to the proximal ends of the first and second cam slots; and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move towards one another. As to claim 4, Abidin is silent to the first and second cam plates are pivotally coupled to one another via the pivot pin. As to claim 8, Abidin is silent to the first cam slot extends laterally as the first cam slot extends distally; the second cam slot extends laterally as the second cam slot extends distally; the first and second cam slots extend in opposing directions as the first and second cam slots extend distally and laterally.
Prestel teaches a similar clamping device (Figs. 1-3, col 2 lines 33-34) comprising: a holder/blade body (13); a cam (1, 2, 20, 21, 9, 10, 24, 25, 11) including a first cam plate (1) including a first cam slot (23), a second cam plate (2) including a second cam slot (22), and a cam pin (20, 21) included within the first and second cam slots (Figs. 18-20, ¶148); a rod (12) coupled to the cam (Fig. 1); each of the first and second cam plates comprising an upper portion (right portion of each plate as shown in Figs. 1-3 within holder 13, Figs. 1-3) including a pivot opening (holes holding journals 25 and 24 in Fig. 1, Fig. 1); the blade body further comprising holes capable of receiving the cam pin (Fig. 2), the cam further comprising arms (9, 10) each comprising a pivot opening (hole holding 11 as shown in Fig. 1, Fig. 1) extending within an elongate slot (opening of 13 shown with 9, 10, and the right portions of 1 and 2 extending through in Fig. 1, Fig. 1) and a pivot journal/pin (11) of the blade body (Figs. 1 and 3); wherein: (a) the first cam slot includes opposing ends (Figs. 1 and 3) coupled to one another by sidewalls that are primarily curved (Figs. 1 and 3); (b) the second cam slot includes opposing ends (Figs. 1 and 3) coupled to one another by sidewalls that are primarily curved (Figs. 1 and 3); wherein the holder/blade body is configured so that: (a) pressing the rod drives the cam pin distally along a long axis (horizontal as shown in Fig. 1, Fig. 1) of the holder body (Figs. 1-3), (b) in response to the cam pin being driven distally, the cam pin travels simultaneously along the curved sidewalls of the first and second cam slots (Figs. 1-3) from proximal ends (Fig. 1) of the first and second cams slots towards distal ends (Fig. 3) of the first and second cam slots (Figs. 1 and 3); and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move away from one another (Figs. 1-3). As to claim 2, Prestel teaches that the holder body is configured so that: (a) moving the rod proximally drives the cam pin proximally along the long axis of the first retractor blade (Figs. 2 and 3, col. 3 lines 40-51 disclose that Figs. 2 and 3 are with the rod pulled back within the instrument holder), (b) in response to the cam pin being driven proximally, the cam pin travels simultaneously along the curved walls of first and second cam slots (Figs. 2 and 3, col. 3 lines 40-51) from the distal ends of the first and second cam slots to the proximal ends of the first and second cam slots (Figs. 3 and 1); and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move towards one another (Figs. 2 and 3, col. 3 lines 40-51). As to claim 4, Prestel teaches that a pivot pin (11), wherein the first and second cam plates are pivotally coupled to one another via the pivot pin (Figs. 1-3). As to claim 8, Prestel teaches that the first cam slot extends laterally as the first cam slot extends distally (Fig. 1); the second cam slot extends laterally as the second cam slot extends distally (Fig. 1); the first and second cam slots extend in opposing directions as the first and second cam slots extend distally and laterally (Fig. 1).
Bailey teaches a similar surgical retractor system (80, Figs. 16-19, abstract) comprising: a blade body (82); a first button (92, col. 9 line 3); a resilient member (86, col. 9 line 29) coupling the first button to the blade body (Fig. 16); a cam (21s, Figs. 16-19) including a first cam plate (left 21 as shown in Fig. 16, Fig. 16) and a second cam plate (right 21 as shown in Fig. 16, Fig. 16); a rod (84) coupling the first button to the cam (Figs. 16-19, col. 8 lines 63-65 and col. 9 lines 2-3); wherein the blade body is configured so that: (a) depressing the first button drives the rod distally along a long axis (vertical as shown in Fig. 16, Fig. 16) of the blade body (Figs. 16 and 17), (b) in response to the rod being driven distally, the rod travels simultaneously along the first and second cam plates (Figs. 16-19, col. 9 lines 19-25); and (c) in response to the rod traveling simultaneously along the first and second cam plates, distal portions of the first and second cam plates move away from one another (Figs. 16-19, col. 9 lines 19-25). As to claim 2, Bailey teaches that the blade body is configured so that: (a) releasing the first button drives the rod proximally along the long axis of the blade body (Figs. 16 and 17), (b) in response to the rod being driven proximally, the rod travels simultaneously along the first and second cam plates (Figs. 16-19, col. 9 lines 26-30); and (c) in response to the rod traveling simultaneously along the first and second cam plates, distal portions of the first and second cam plates move towards one another (Figs. 16-19, col. 9 lines 26-30).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the cam, the upper portions of the first and second cam plates, the first and second cam holes, the rod movement, and corresponding blade body features as disclosed by Abidin by modifying the cam structure including substituting the cam pin, substituting each first and second cam plate upper portion, modifying the first and second cam holes to be elongate, curved slots, substituting the rod movement, and corresponding modifications to the blade body as taught by Prestel in order to provide a known structure for a clamping/cam device comprising pivoting cam plates driven by a rod (Prestel col. 2 lines 32-34) to influence the force to be exerted on the rod for the movement of the cam plates (Prestel col. 3 lines 60-65) as well as the maximum pivoting angle of the cam plates (Prestel col. 4 lines 1-3). Further, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the actuator as disclosed by Abidin to substitute the actuator button and add the spring as taught by Bailey in order to provide a known suitable control mechanism (Bailey col. 8 lines 51-53) for pivoting cam plates driven by a rod (Bailey col 9 lines 19-30) and biasing the spring proximally (Bailey col. 8 lines 65-66).
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Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abidin, Prestel, and Bailey in view of Wing et al. (US 2010/0081885, hereinafter “Wing”).
As to claim 10, the combination of Abidin, Prestel, and Bailey discloses the invention of claim 1 as well as using ball joints (118a, 118b) to pivot the blades to “toe-out” tissue using a small incision (¶79) and the first retractor arm includes first and second portions (portion nearest the blade and portion nearest the body, Fig. 1).
The combination of Abidin, Prestel, and Bailey is silent to the first and second portions are rotationally coupled to each other; the first portion includes an arcuate row of first teeth and the second portion includes an arcuate row of second teeth keyed to securely couple with the first teeth; in a first retractor arm orientation the first teeth do not directly contact the second teeth; in a second retractor arm orientation the first teeth directly contact the second teeth to prevent rotation of the first and second portions with regard to each other.
Wing teaches a similar surgical retractor system (100) comprising: a retractor body (212, 215, 312, 315) coupled to first, second, and third retractor arms (240, 260, 340, 360); a first retractor blade (410) coupled to the first retractor arm (Fig. 1, ¶45), a second retractor blade (420) coupled to the second retractor arm (Fig. 1, ¶45), and a third retractor blade (520) coupled to the third retractor arm (Fig. 1, ¶46); wherein the first retractor blade includes: a blade body (Figs. 1 and 4); wherein: the first retractor arm includes first and second portions (portion nearest the blade with 256 and portion nearest the body with 254, Figs. 1, 10, and 12); the first and second portions are rotationally coupled to each other (Figs. 4, 5, 10, and 12, ¶65); the first portion includes an arcuate row of first teeth (256a) and the second portion includes an arcuate row of second teeth (254a) keyed to securely couple with the first teeth (¶65); in a first retractor arm orientation the first teeth do not directly contact the second teeth (when 256 and 254 are separated as disclosed in ¶66, Fig. 12, ¶66); in a second retractor arm orientation the first teeth directly contact the second teeth to prevent rotation of the first and second portions with regard to each other (when 256 and 254 are engaged as disclosed in ¶66, Fig. 10, ¶66).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the first and second portions of each of the first and second retractor arms as disclosed by the combination of Abidin, Prestel, and Bailey to be rotatably engaged as taught by Wing in order to allow the surgeon to finely adjust the pivot angle of each blade in discrete increments and lock the retractor arm at that angle (Wing ¶67).
Claim(s) 1 and 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jaye (US 2023/0035781) in view of Prestel and Bailey.
As to claim 1 and 16-22, Jaye discloses a surgical retractor system (20, ¶40 discloses a lock spring) comprising: a retractor body (50) coupled to first, second, and third retractor arms (left 40 as shown in Fig. 1, right 40 as shown in Fig. 1, 60, Fig. 1) ; a first retractor blade (left 30 as shown in Fig. 1, Fig. 1, ¶32) coupled to the first retractor arm (Fig. 1), a second retractor blade (right 30 as shown in Fig. 1, Fig. 1, ¶32) coupled to the second retractor arm (Fig. 1), and a third retractor blade (rear 30 as shown in Fig. 1, Fig. 1, ¶32) coupled to the third retractor arm (Fig. 1); wherein the first retractor blade includes: a blade body (37, Figs. 1 and 25A); an actuator (72c, Figs. 1-4, ¶33); a cam (34, 33, 72) including a first cam plate (34) including a first cam hole (opening shown holding unlabeled pin in Figs. 4-7, Figs. 4-7), a second cam plate (33) including a second cam hole (opening shown holding unlabeled pin in Figs. 4-7, Figs. 4-7), and a cam pin (unlabeled pin in Figs. 4-7, Figs. 4-7) included within the first and second cam holes (Figs. 4-7); a rod (72) coupling the actuator to the cam (Fig. 4, ¶33); each of the first and second cam plates comprising an upper portion (shown above the screw-engaging portion in Fig. 2, Fig. 2); wherein: (a) the first cam hole includes opposing ends (Figs. 4-7) coupled to one another by sidewalls (Figs. 4-7) that are primarily curved (Figs. 4-7); (b) the second cam hole includes opposing ends (Fig. 6) coupled to one another by sidewalls (Fig. 6) that are primarily curved (Fig. 6); wherein the first retractor blade is configured so that: (a) actuating the actuator drives the cam pin along a long axis (vertical as shown in Fig. 4, Fig. 4) of the first retractor blade (Figs. 2 and 4), (b) in response to the cam pin being driven, the cam pin travels simultaneously along the curved sidewalls of the first and second cam holes (Fig. 4) from proximal ends of the first and second cam holes towards distal ends of the first and second cam holes (Figs. 4-7); and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam holes, distal portions of the first and second cam plates move away from one another (Figs. 1 and 3, ¶33). As to claim 16, Jaye discloses that the second retractor arm is releasably coupled to the second retractor blade (via 75, Figs. 1, 2, and 8, and 9A, ¶34). As to claim 17, Jaye discloses a second button (75, 36), wherein: in a first orientation: (a) the second button is not depressed (Figs. 8 and 9A), and (b) the second retractor arm is locked to the second retractor blade (Figs. 8 and 9A, ¶34); in a second orientation the second retractor arm is not locked to the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34) and is mechanically free capable of decoupling from the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34). As to claim 18, Jaye discloses a second actuator (75, 36), wherein: in a first orientation: (a) the second actuator is unactuated (Figs. 8 and 9A), and (b) the second retractor arm is locked to the second retractor blade (Figs. 8 and 9A, ¶34); in a second orientation the second retractor arm is not locked to the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34) capable of decoupling from the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34). As to claim 19, Jaye discloses that the second orientation: (a) the second button is depressed (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34), and (b) the second retractor arm is not locked to the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34) and is mechanically free capable of decoupling from the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34). As to claim 20, Jaye discloses that in the second orientation: (a) the second actuator is actuated (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34), and (b) the second retractor arm is not locked to the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34) capable of decoupling from the second retractor blade (when pressed to the left of its position shown in Fig. 8, Figs. 8 and 9A, ¶34). As to claim 21, Jaye discloses that in the second orientation the second retractor arm is slidingly engaged with the second retractor blade (Figs. 2, 3, 7, and 9A). As to claim 22, Jaye discloses that a resilient member (lock spring of ¶40, ¶40) coupled to the second button (¶40), wherein the resilient member biases the second button into the first orientation (¶40 discloses that the lock spring is loaded to auto-latch/lock when the blades are mated with the gears/arm).
Jaye is silent to the actuator being a first button, a resilient member coupling the first button to the blade body, the first cam hole being a first cam slot, the second cam hole being a second cam slot, wherein: (a) the first cam slot includes opposing ends coupled to one another by sidewalls that are primarily curved; (b) the second cam slot includes opposing ends coupled to one another by sidewalls that are primarily curved; wherein the first retractor blade is configured so that: (a) depressing the first button drives the cam pin distally along a long axis of the first retractor blade, (b) in response to the cam pin being driven distally, the cam pin travels simultaneously along the curved sidewalls of the first and second cam slots from proximal ends of the first and second cam slots towards distal ends of the first and second cam slots; and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move away from one another.
Prestel teaches a similar clamping device (Figs. 1-3, col 2 lines 33-34) comprising: a holder/blade body (13); a cam (1, 2, 20, 21, 9, 10, 24, 25, 11) including a first cam plate (1) including a first cam slot (23), a second cam plate (2) including a second cam slot (22), and a cam pin (20, 21) included within the first and second cam slots (Figs. 18-20, ¶148); a rod (12) coupled to the cam (Fig. 1); each of the first and second cam plates comprising an upper portion (right portion of each plate as shown in Figs. 1-3 within holder 13, Figs. 1-3) including a pivot opening (holes holding journals 25 and 24 in Fig. 1, Fig. 1); the blade body further comprising holes capable of receiving the cam pin (Fig. 2), the cam further comprising arms (9, 10) each comprising a pivot opening (hole holding 11 as shown in Fig. 1, Fig. 1) extending within an elongate slot (opening of 13 shown with 9, 10, and the right portions of 1 and 2 extending through in Fig. 1, Fig. 1) and a pivot journal/pin (11) of the blade body (Figs. 1 and 3); wherein: (a) the first cam slot includes opposing ends (Figs. 1 and 3) coupled to one another by sidewalls that are primarily curved (Figs. 1 and 3); (b) the second cam slot includes opposing ends (Figs. 1 and 3) coupled to one another by sidewalls that are primarily curved (Figs. 1 and 3); wherein the holder/blade body is configured so that: (a) pressing the rod drives the cam pin distally along a long axis (horizontal as shown in Fig. 1, Fig. 1) of the holder body (Figs. 1-3), (b) in response to the cam pin being driven distally, the cam pin travels simultaneously along the curved sidewalls of the first and second cam slots (Figs. 1-3) from proximal ends (Fig. 1) of the first and second cams slots towards distal ends (Fig. 3) of the first and second cam slots (Figs. 1 and 3); and (c) in response to the cam pin traveling simultaneously along the curved sidewalls of the first and second cam slots, distal portions of the first and second cam plates move away from one another (Figs. 1-3).
Bailey teaches a similar surgical retractor system (80, Figs. 16-19, abstract) comprising: a blade body (82); a first button (92, col. 9 line 3); a resilient member (86, col. 9 line 29) coupling the first button to the blade body (Fig. 16); a cam (21s, Figs. 16-19) including a first cam plate (left 21 as shown in Fig. 16, Fig. 16) and a second cam plate (right 21 as shown in Fig. 16, Fig. 16); a rod (84) coupling the first button to the cam (Figs. 16-19, col. 8 lines 63-65 and col. 9 lines 2-3); wherein the blade body is configured so that: (a) depressing the first button drives the rod distally along a long axis (vertical as shown in Fig. 16, Fig. 16) of the blade body (Figs. 16 and 17), (b) in response to the rod being driven distally, the rod travels simultaneously along the first and second cam plates (Figs. 16-19, col. 9 lines 19-25); and (c) in response to the rod traveling simultaneously along the first and second cam plates, distal portions of the first and second cam plates move away from one another (Figs. 16-19, col. 9 lines 19-25).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the cam, the upper portions of the first and second cam plates, the first and second cam holes, the rod movement, and corresponding blade body features as disclosed by Jaye by modifying the cam structure including substituting the cam pin, substituting each first and second cam plate upper portion, modifying the first and second cam holes to be elongate, curved slots, substituting the rod movement, and corresponding modifications to the blade body as taught by Prestel in order to provide a known structure for a clamping/cam device comprising pivoting cam plates driven by a rod (Prestel col. 2 lines 32-34) to influence the force to be exerted on the rod for the movement of the cam plates (Prestel col. 3 lines 60-65) as well as the maximum pivoting angle of the cam plates (Prestel col. 4 lines 1-3). Further, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the actuator as disclosed by Jaye to substitute the actuator button and add the spring as taught by Bailey in order to provide a known suitable control mechanism (Bailey col. 8 lines 51-53) for pivoting cam plates driven by a rod (Bailey col 9 lines 19-30) and biasing the spring proximally (Bailey col. 8 lines 65-66).
Allowable Subject Matter
Claims 9 and 11-15 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 if rewritten as suggested or consistent with the interpretation set forth in this Office action to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action for the base claim and any intervening claims.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on 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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/AMY R SIPP/Primary Examiner, Art Unit 3775
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