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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: locking mechanism in claims 1 and 7. Support for the locking mechanism invoking 112(f) can be found in ¶24-26 of Applicant’s originally filed specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bester (US 6,210,415).
Regarding claim 1, 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).
Regarding claim 2, Bester discloses the locking mechanism is biased to the unlocked position (figure 7A).
Regarding claim 3, Bester discloses the locking mechanism includes a spring (45), which is compressed by the trigger in the unlocked position (column 5, lines 38-55).
Regarding claim 4, Bester discloses 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 5, Bester discloses a plurality of ridges (63) on at least a portion of a surface of the guide rail (figure 2).
Regarding claim 6, Bester discloses 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 (figures 7A-8B).
Regarding claim 7, 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).
Regarding claim 8, Bester discloses 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).
Regarding claim 9, Bester discloses the locking mechanism is biased to the unlocked position (figure 7A).
Regarding claim 10, Bester discloses the locking mechanism includes a spring (45), which is compressed by the trigger in the unlocked position (column 5, lines 38-55).
Regarding claim 11, Bester discloses in the locked position, the guide body is only slidable along the guide rail in a distal direction (column 9, lines 23-35).
Regarding claim 12, Bester discloses the drill guide further comprises a plurality of ridges (63) on at least a portion of a surface of the guide rail (figure 2).
Regarding claim 13, Bester discloses 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 (figures 7A-8B).
Conclusion
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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