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 .
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 32 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 32 recites “a second tower longitudinal that passes” in lines 5-6. This recitation is unclear, as it does not specify which component is longitudinal. Based on the specification of the invention, the office will interpret this claim to read “a second tower longitudinal bore that passes”.
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 31-38 and 42-43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayes (US 9907583 B2).
Regarding claim 31, Hayes teaches a surgical instrument (800, see Fig. 19A), comprising:
a rack (452) comprising a rail having a rail first end and a rail second end (see labelled diagram of Fig. 19A below);
a first arm (210) comprising a first arm proximal end (see labelled diagram of Fig. 19B below) coupled to the rack (see Col. 13, ll. 47-67), a first arm distal end (see labelled diagram of Fig. 19B below), and a first arm channel (206) that passes through the first arm distal end (see Col. 13, ll. 47-67);
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a first tower (102) comprising a first tower cylindrical body (see Fig. 19A) providing a first tower upper end and a first tower lower end (see labelled diagram of Fig. 29 below), a first tower longitudinal bore that passes through the first tower upper end and the first tower lower end (see labelled diagram of Fig. 29 below), and a first tower track that runs longitudinally along an outer surface of the first tower cylindrical body (see labelled diagram of Fig. 16A below); and
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wherein the first arm channel (206) is configured to receive the first tower track and slide along the first tower track (see Col. 13, ll. 47-67) so as to selectively adjust a vertical offset between the first arm distal end and the first tower lower end (note that if the tower track is not fully inserted into channel 206, a variable vertical offset may be achieved).
Regarding claim 32, Hayes teaches the surgical instrument of claim 31, comprising:
a second arm (410) comprising a second arm proximal end coupled to the rack (see that of identical member 210 as shown in the labelled diagram of Fig. 19B above), a second arm distal end (see labelled diagram of Fig. 19B above), and a second arm channel (406) that passes through the second arm distal end (see Col. 13, ll. 47-67);
a second tower (104) comprising a second tower cylindrical body (see Fig. 19B) providing a second tower upper end and a second tower lower end (see labelled diagram of Fig. 29 above), and a second tower longitudinal bore that passes through the second tower upper end and the second tower lower end (see labelled diagram of Fig. 29 above), and a second tower track that runs longitudinally along an outer surface of the second tower cylindrical body (see labelled diagram of Fig. 16A above); and
wherein the second arm channel is configured to receive the second tower track and slide along the second tower track (see Col. 13, ll. 47-67) so as to selectively adjust a vertical offset between the second arm distal end and the second tower lower end (note that if the tower track is not fully inserted into channel 206, a variable vertical offset may be achieved).
Regarding claim 33, Hayes teaches the surgical instrument of claim 31, wherein the first tower lower end is configured to engage and snap onto a pedicle screw (via 106, see 41).
Regarding claim 34, Hayes teaches the surgical instrument of claim 33, wherein the first tower is configured to disengage from the pedicle screw in response to a tool inserted into an upper end of the first tower longitudinal bore (see Col. 7, ll. 19-29).
Regarding claim 35, Hayes teaches the surgical instrument of claim 33, wherein the first tower is configured to disengage from the pedicle screw in response to rotation of a tool inserted into an upper end of the first tower longitudinal bore (note that this is a functional limitation, capable of being satisfied if the force and rotation of the tool is configured accordingly; also see Col. 7, ll. 19-29).
Regarding claim 36, Hayes teaches the surgical instrument of claim 31, wherein: the first tower (102) comprises a first leaf spring (116, see Col. 6, ll. 37-67) that extends longitudinally along the first tower cylindrical body (see Fig. 29);
the first tower (102) comprises a second leaf spring (116, see Col. 6, ll. 37-67) that extends longitudinally along the first tower cylindrical body (see Fig. 29);
the second leaf spring is positions radially-opposite the first leaf spring (see Fig. 29); and
the first leaf spring (116) and the second leaf spring (116) each includes a detent (106) configured to engage and secure a pedicle screw to the first tower when the pedicle screw is inserted into the first tower lower end (see Col. 6, ll. 37-67).
Regarding claim 37, Hayes teaches the surgical instrument of claim 36, wherein: the first leaf spring (116) and the second leaf spring (116) each apply a radially-inward biasing force to their respective detents (106); and
the first leaf spring (116), the second leaf spring (116), and their respective detents (106) are configured to permit a pedicle screw (20) to overcome the radially-inward biasing force and move their respective detents radially outward as the pedicle screw is inserted into the first tower lower end (see Col. 6, ll. 37-67) .
Regarding claim 38, Hayes teaches the surgical instrument of claim 37, wherein the first leaf spring (116), the second leaf spring (116), and their respective detents (106) are configured to prevent the pedicle screw from overcoming the radially-inward biasing force and moving the detent radially outward after the pedicle screw is secured to the first tower (see Col. 6, ll. 37-67).
Regarding claim 42, Hayes teaches the surgical instrument of claim 31, wherein the first tower (102) comprises a first tower second track (see labelled diagram of Fig. 16A above) that runs longitudinally along the outer surface of the first tower cylindrical body (see labelled diagram of Fig. 16A above).
Regarding claim 43, Hayes teaches the surgical instrument of claim 42, wherein the first tower second track is positioned radially-opposite the first tower first track (see labelled diagram of Fig. 16A above).
Allowable Subject Matter
Claims 39-41 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.
The following is a statement of reasons for the indication of allowable subject matter:
The claims in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in dependent claims 39-41. In particular, none of the cited references teach or suggest “the first arm carriage comprises a pinion having teeth that engage the teeth of the rack and move the first arm carriage and attached first arm” or “the first tower track comprises a series of teeth running longitudinally along the outer surface of the first tower cylindrical body such that each tooth is laterally flanked by the first rail and the second rail” along the rack based on rotation of the pinion” as required by claims 39 and 41, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY J LANE whose telephone number is (703)756-4702. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/H.J.L./Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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