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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-13 have been considered but are moot in light of the new grounds of rejection.
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.
Claims 1, 5-7, 10 and 12-13 re rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sapega et al. (US 4,739,751).
Sapega et al. disclose a drill guide, comprising a guide rail (176, figure 5) having an elongated shaft (178); a guide body (180) with an aperture extending therethrough (@182, column 6, lines 55-58), the aperture configured to receive the elongated shaft of the guide rail (figure 5); a drilling end of the guide body (see figure below) with an aperture (column 6, lines 58-59), creating an inner volume extending therethrough (column 6, lines 58-59, figure 5), the inner volume configured to receive a drill bullet (e.g. 184) therein, wherein the drill bullet is rotatable within the inner volume of the drilling end of the guide body (column 6, lines 58-59); a trigger end of the guide body (see figure below) having a locking mechanism (column 6, line 67-column 7, line 1) moveable between an unlocked position and a locked position (column 6, line 67 – column 7, line 1); and a trigger (see figure below) attached to the trigger end of the guide body (figure 5), wherein the trigger is configured to move the locking mechanism from the unlocked position to the locked position upon actuation (column 6, line 67 – column 7, line 1); and wherein in the unlocked position, the guide body is slidable along the guide rail in a proximal direction (column 6, line 67 – column 7, line 1).
Regarding claim 5, Sapega et al. disclose a plurality of ridges (188) on at least a portion of a surface of the guide rail (figure 5). Regarding claim 6, Sapega et al. disclose in the locked position, the trigger catches at least one of the plurality of ridges when the guide body is pulled in the proximal direction (figure 5,, column 10, lines 47-50). Regarding claim 7, Sapega et al. disclose a method of using a drill guide, comprising providing a drill guide (figure 5), comprising a guide rail (176) having an elongated shaft (178) and a spike (196); a guide body (180) with an aperture extending therethrough (column 6, lines 58-59), the aperture configured to receive the elongated shaft of the guide rail (figure 5); a drilling end of the guide body (see figure below) with an aperture (column 6, lines 58-59), creating an inner volume extending therethrough (figure 5, column 6, lines 58-59), the inner volume configured to receive a drill bullet (e.g. 184) therein, wherein the drill bullet is rotatable within the inner volume of the drilling end of the guide body (column 6, lines 58-59); a trigger end of the guide body (182) having a locking mechanism (column 6, line 67 – column 7, line 1) moveable between an unlocked position and a locked position (column 6, line 67 – column 7, line 1); and a trigger (see figure below) attached to the trigger end of the guide body, wherein the trigger is configured to move the locking mechanism from the unlocked position to the locked position upon actuation (column 6, line 67 – column 7, line 1); wherein in the unlocked position, the guide body is slidable along the guide rail in a proximal direction (column 6, line 67 – column 7, line 1); positioning the spike onto a desired drilling location (figure 8A); actuating the trigger to move the locking mechanism to the locked position (column 6, line 67 – column 7, line 1); and drilling a tunnel into the drilling location (column 6, lines 59-64).
Regarding claim 12, Sapega et al. disclose the drill guide further comprises a plurality of ridges (188) on at least a portion of a surface of the guide rail (figure 5).
Regarding claim 13, Sapega et al. disclose in the locked position, the trigger catches at least one of the plurality of ridges when the guide body is pulled in the proximal direction (figure 5, column 10, lines 47-50).
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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, 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.
Claims 2-4, 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sapega et al. (US 4,739,751) in view of Bester (US 6,210,415).
Regarding claim 2, Sapega et al. disclose the claimed invention except for the express teaching of the locking mechanism is biased to the unlocked position.
Bester discloses a drill guide (10), comprising a guide rail (13) having an elongated shaft (31); a guide body (12) with an aperture (27) extending therethrough, the aperture configured to receive the elongated shaft of the guide rail (figures 1-2); a trigger end of the guide body (26) having a locking mechanism (figures 7A-8B) moveable between an unlocked position (figures 7A, 8A) and a locked position (figures 7B, 8B); and a trigger (55) attached to the trigger end of the guide body (figures 1-2), wherein the trigger is configured to move the locking mechanism from the unlocked position to the locked position upon actuation (figures 7A-8B); wherein in the unlocked position, the guide body is slidable along the guide rail in a proximal direction (column 6, lines 23-35) and the locking mechanism is biased to the unlocked position (figure 7A, column 5, lines 38-39) as this provides the device the ability to lock and unlock in multiple stages/phases to control movement of the guide rail in both proximal and distal directions, if needed (column 3, lines 35-45).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have modified the locking mechanism to Sapega et al. to be biased to the unlocked position as taught by Beter as this provides the device with the ability to lock and unlock in multiple stages/phases to control movement of the guide rail in both proximal and distal directions, if needed. Regarding claim 3, Sapega et al. disclose the locking mechanism includes a spring (column 6, line 67 “spring-loaded” figure 5), which is compressed by the trigger in the unlocked position (figure 5).
Regarding claim 4, Sapega et al. in view of Bester disclose in the locked position, the guide body is only slidable along the guide rail in a distal direction (column 6, lines 23-35).
Regarding claim 8, Sapega et al. disclose the claimed invention except for the step of actuating the trigger to move the locking mechanism from the locked position to the unlocked position and pulling the guide body off of the guide rail in the proximal direction.
Bester discloses a method of using a drill guide (10), comprising providing a drill guide (10, figure 1), comprising a guide rail (13) having an elongated shaft (31) and a spike (36); a guide body (12) with an aperture (27) extending therethrough, the aperture configured to receive the elongated shaft of the guide rail (figures 1-2); a trigger end (26) of the guide body having a locking mechanism (figures 7A-8B) moveable between an unlocked position (figures 7A, 8A) and a locked position (figures 7B, 8B); and a trigger (55) attached to the trigger end of the guide body (figure 2), wherein the trigger is configured to move the locking mechanism from the unlocked position to the locked position upon actuation (figures 7A-8B); wherein in the unlocked position, the guide body is slidable along the guide rail in a proximal direction (figure 7A); positioning the spike onto a desired drilling location (column 7, lines 17-21); actuating the trigger to move the locking mechanism to the locked position (column 6, line 66 – column 7, line 4); and drilling a tunnel into the drilling location (column 1, lines 25-27), wherein the step of actuating the trigger to move the locking mechanism from the locked position to the unlocked position and pulling the guide body off of the guide rail in the proximal direction (figures 7A-8B) is this provides a surgical drill guide with separate controls for advancing a guide tube toward a bone and locking the guide tube in position after it contacts the bone that is relatively easy for a surgeon to use (column 3, lines 19-23).
Regarding claim 9, Sapega et al. disclose the claimed invention except for the express teaching of the locking mechanism is biased to the unlocked position.
Bester discloses a drill guide (10), comprising a guide rail (13) having an elongated shaft (31); a guide body (12) with an aperture (27) extending therethrough, the aperture configured to receive the elongated shaft of the guide rail (figures 1-2); a trigger end of the guide body (26) having a locking mechanism (figures 7A-8B) moveable between an unlocked position (figures 7A, 8A) and a locked position (figures 7B, 8B); and a trigger (55) attached to the trigger end of the guide body (figures 1-2), wherein the trigger is configured to move the locking mechanism from the unlocked position to the locked position upon actuation (figures 7A-8B); wherein in the unlocked position, the guide body is slidable along the guide rail in a proximal direction (column 6, lines 23-35) and the locking mechanism is biased to the unlocked position (figure 7A, column 5, lines 38-39) as this provides the device the ability to lock and unlock in multiple stages/phases to control movement of the guide rail in both proximal and distal directions, if needed (column 3, lines 35-45).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have modified the locking mechanism to Sapega et al. to be biased to the unlocked position as taught by Beter as this provides the device with the ability to lock and unlock in multiple stages/phases to control movement of the guide rail in both proximal and distal directions, if needed. Regarding claim 10, Sapega et al. disclose the locking mechanism includes a spring (“spring-loaded”, column 6, line 67, figure 5), which is compressed by the trigger in the unlocked position (figure 5).
Regarding claim 11, Sapega et al. in view of Bester disclose in the locked position, the guide body is only slidable along the guide rail in a distal direction (column 6, lines 23-35).
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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