Detailed Action
This is the first office action on the merits for US application number 19/243,900.
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 .
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 one or more sensors of claim 13 line 1 and claim 15 line 12 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, 2, 13, and 15 is/are objected to because of the following informalities:
Claim 1 line 1 should read “An impactor[[,]] comprising:”.
Claim 2 lines 1-2 should read “the at least one direction of the translation movement of the armature component”.
Claim 13 line 2 should read “detect a position of the armature component”.
Claim 15 line 1 should read “An impactor[[,]] comprising:”.
Claim 15 line 12 should read “determine a position of the moving armature component”.
Appropriate correction is required.
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.
Claim(s) 4 and 16 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) 4 is/are unclear with regards to “a combination of forward and reverse impact directions, or any combination thereof” in lines 2-3 and how it is physically possible for a direction to be a combination of forward and backward and not be either forward or backward. Examiner is interpreting this as referring to, and suggests amending as, “wherein the at least one direction is a forward impact direction[[,]] or a reverse impact direction
Claim(s) 16 is/are unclear with regards to “a combination of forward and reverse impact directions, or any combination thereof” in lines 2-3 and how it is physically possible for a direction to be a combination of forward and backward and not be either forward or backward. Examiner is interpreting this as referring to, and suggests amending as, “wherein the at least one direction is a forward impact direction[[,]] or a reverse impact direction
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dittrich et al. (US 2024/0024012, hereinafter “Dittrich”).
As to claim 1, Dittrich discloses an impactor (300, Figs. 1A, 1B, and 3-11) comprising: an electromagnetic component (302/106, 148, 144s, 142) including a stationary electromagnetic housing (302/106, 148, Figs. 1A and 1B, ¶79) and a moving armature component (144s, 142), wherein the stationary electromagnetic housing includes a coil (148, Figs. 1A and 1B, ¶79) capable of receiving an electric current resulting in generation of an electromagnetic field for triggering translation of the armature component within the stationary electromagnetic housing (¶s 79 and 114); a striker body (430, 432/126/140, 434/122) capable of being coupled to the armature component (via threaded end shown on the left end in Figs. 5B-6D, Figs. 1A, 1B, 4B, 5A-6D, and 9A-9C) and an object (via 330/120, ¶98/70), the striker body including a distal end (right end as shown in Figs. 1A, 1B, 4B-5B, and 9A-9C); a strike chamber (defined by 401 of 310/110, 410/114, 414, 412/118, Figs. 1A, 1B, 4B-5B, and 9A-9C) having an interior (Figs. 1A, 1B, 4B-5B, and 9A-9C) and a distal strike wall (412/118) disposed at a distal end of the strike chamber (as defined, Figs. 1A, 1B, 4B-5B, and 9A-9C); a spacer (416) disposed at a proximal end of the strike chamber (Figs. 4B-5B, and 9A-9C) and opposite the distal strike wall (as defined, Figs. 4B-5B, and 9A-9C); wherein the electromagnetic field is capable of forcing the armature component and the striker body to translate in at least one direction (Figs. 1A, 1B, 4B-5B, and 9A-9C), wherein translation of the armature component is capable of causing the distal end of the striker body to strike at least one of the distal strike wall and the spacer (Figs. 1A, 1B, 4B-5B, and 9A-9C, ¶s 103 and 104).
As to claim 2, Dittrich discloses that the at least one direction of the translation movement of the armature component and the striker body is directly and/or indirectly dependent on a direction of the electric current applied to the coil (¶s 79, 114, and 117-125).
As to claim 3, Dittrich discloses that a change in a direction of the electric current applied to the coil (¶s 79, 114, and 117-125) is capable of changing the at least one direction of translation movement of the armature component and the striker component (¶s 72, 73, 82, and 119).
As to claim 4, Dittrich discloses that the at least one direction is a forward impact direction (¶119) or a reverse impact direction (¶119).
As to claim 5, Dittrich discloses that the object includes at least one of: a tool, an implant, or any combination thereof (¶66 discloses use with a rasp or broach, ¶70 discloses tools, a first rasp, and a second rasp, ¶98 discloses an instrument, ¶103 discloses an impact tool, ¶104 discloses an impact instrument).
As to claim 6, Dittrich discloses that the translation movement of the striker body is capable of use for positioning an implant in a bone (¶s 72 and 78 disclose driving a tool into bone) and/or removal of the implant from the bone (¶s 73 and 78 disclose an extraction force to remove a tool from bone).
As to claim 7, Dittrich discloses that the coil is capable of receiving one or more current pulses to trigger translation of the armature component and the striker body (¶s 79, 114, and 117-125).
As to claim 8, Dittrich discloses that the one or more current pulses that the coil is capable of receiving include a high current pulse and a low current pulse (¶s 79, 114, and 117-125), wherein the low current pulse is smaller than the high current pulse (¶s 79, 114, and 117-125).
As to claim 9, Dittrich discloses that a duration of application of the high current pulse that the coil is capable of receiving is longer than a duration of application of the low current pulse that the coil is capable of receiving (¶s 79, 114, and 117-125).
As to claim 10, Dittrich discloses that application of the low current pulse that the coil is capable of receiving is capable of preventing movement of the armature component and the striker body in a direction opposite to a direction of movement of the armature component and the striker body resulting from application of the high current pulse (¶s 79, 114, and 117-125).
As to claim 11, Dittrich discloses that the high current pulse and the low current pulse that the coil is capable of receiving are applied intermittently (¶s 79, 114, and 117-125).
As to claim 12, Dittrich discloses that the spacer is capable of limiting a translation distance of the distal end of the striker body within the interior of the strike chamber (Figs. 4B-5B, and 9A-9C, ¶104).
As to claim 13, Dittrich discloses one or more sensors (478/154) capable of detecting a position of the armature component within the stationary electromagnetic housing (¶s 79 and 114).
As to claim 14, Dittrich discloses that the at least one direction of translation of the armature component is determined based on the position detected by the one or more sensors (¶s 79, 114, and 117-125).
As to claim 15, Dittrich discloses an impactor (300, Figs. 1A, 1B, and 3-11) comprising: an electromagnetic component (302/106, 148, 144s, 142) including a stationary electromagnetic housing (302/106, 148, Figs. 1A and 1B, ¶79) and a moving armature component (144s, 142), wherein the stationary electromagnetic housing includes a coil (148, Figs. 1A and 1B, ¶79) capable of receiving an electric current resulting in generation of an electromagnetic field for triggering translation of the armature component within the stationary electromagnetic housing (¶s 79 and 114); a striker body (430, 432/126/140, 434/122) capable of being coupled to the armature component (via threaded end shown on the left end in Figs. 5B-6D, Figs. 1A, 1B, 4B, 5A-6D, and 9A-9C) and an object (via 330/120, ¶98/70), the striker body including a distal end (right end as shown in Figs. 1A, 1B, 4B-5B, and 9A-9C); a strike chamber (defined by 401 of 310/110, 410/114, 414, 412/118, Figs. 1A, 1B, 4B-5B, and 9A-9C) having an interior (Figs. 1A, 1B, 4B-5B, and 9A-9C) and a distal strike wall (412/118) disposed at a distal end of the strike chamber (as defined, Figs. 1A, 1B, 4B-5B, and 9A-9C); wherein the electromagnetic field is capable of forcing the armature component and the striker body to translate in at least one direction (Figs. 1A, 1B, 4B-5B, and 9A-9C), wherein translation of the armature component is capable of causing the distal end of the striker body to strike the distal strike wall (Figs. 1A, 1B, 4B-5B, and 9A-9C, ¶s 103 and 104); one or more sensors (478/154) capable of determining a position of the moving armature component (¶s 79 and 114); and at least one processor (processing circuitry of ¶114) capable of determining an amount and a direction of the electric current to apply to the coil generate the electromagnetic field based on data associated with the determined position of the moving armature component and received from the one or more sensors (¶s 79, 114, and 117-125).
As to claim 16, Dittrich discloses that the at least one direction is a forward impact direction (¶119) or a reverse impact direction (¶119).
As to claim 17, Dittrich discloses that the amount and the direction of current is determined at at least one of: prior to the translation of the armature component for delivery of an impact by the impactor (Figs. 10 and 11, ¶s 79, 114, and 117-125), during the translation of the armature component for delivery of the impact (Figs. 10 and 11, ¶s 79, 114, and 117-125), during the translation of the armature component after delivery of the impact (Figs. 10 and 11, ¶s 79, 114, and 117-125), or after the translation of the armature component (Figs. 10 and 11, ¶s 79, 114, and 117-125).
As to claim 18, Dittrich discloses that, in response to the at least one processor determining the amount and the direction of the electric current, the coil is capable of receiving one or more current pulses to trigger translation of the armature component and the striker body (¶s 79, 114, and 117-125), wherein the one or more current pulses that the coil is capable of receiving include a high current pulse and a low current pulse (¶s 79, 114, and 117-125), wherein the low current pulse is smaller than the high current pulse (¶s 79, 114, and 117-125).
As to claim 19, Dittrich discloses that a duration of application of the high current pulse that the coil is capable of receiving is longer than a duration of application of the low current pulse that the coil is capable of receiving (¶s 79, 114, and 117-125); wherein application of the low current pulse that the coil is capable of receiving is capable of preventing movement of the armature component and the striker body in a direction opposite to a direction of movement of the armature component and the striker body resulting from application of the high current pulse (¶s 79, 114, and 117-125).
As to claim 20, Dittrich discloses that the high current pulse and the low current pulse that the coil is capable of receiving are applied intermittently (¶s 79, 114, and 117-125).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4.
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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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