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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 16-20 in the reply filed on December 17th, 2025 is acknowledged.
Claim Objections
Claim 18 is objected to because of the following informalities: Applicant recites “one or move angled edges”. This should read “one or more angled edges”. 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.
Claims 17-18, 29 and 33 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 17, Applicant recites “prior to engaging the cannula with the lamina of the patient, engaging a laminar locator with a cannula of the patient”. It is unclear if Applicant is attempting to further define the cannula or is attempting to claim a second additional cannula and if it is a second cannula, is the second cannula a medical device or a part of the human patient. Additionally, Applicant recites “the cannula” in line 5. It is unclear which cannula Applicant is attempting to further define, the cannula of claim 16, line 2 or the cannula of claim 17, line 2.
Claim 26 recites the limitation "the central body" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation has been interpreted to read “a central body”.
Claims 18 and 33 are rejected under 35 U.S.C. 112(b) as they depend from a rejected base claim and do not rectify the issue(s) at hand.
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)(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.
Claims 16-18, 21, 28-29 and 31-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Greenhalgh (US 2024/0260975). The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 16, Greenhalgh discloses a method for performing decompression surgery, the method comprising engaging a cannula (700) with a lamina of a patient (figure 15A), the cannula comprising a lumen (705); positioning a guide (1104) within the lumen of the cannula in a first position (¶130), the guide comprising a guide lumen (1106a or 1106c) offset from a central longitudinal axis of the guide (figures 19A-19B); advancing an instrument (“various instruments” ¶129) through the guide lumen to the lamina and removing a first portion of the lamina using the instrument (¶138-139); moving the guide to a second position (¶85) within the cannula so that the guide lumen aligns with a second portion of the lamina (¶85); and advancing the instrument through the guide lumen to the lamina and removing the second portion of the lamina using the instrument (¶138-139). Regarding claim 17, Greenhalgh discloses prior to engaging the cannula with the lamina of the patient, engaging a laminar locator (106) with a cannula of the patient (“working channel” ¶70); advancing a dilator over the laminar locator (¶70); and advancing the cannula over the dilator (¶70).
Regarding claim 18, Greenhalgh discloses the laminar locator comprises one or move angled edges (“cutting edges” 201, figure 2), wherein the method comprises translating the laminar locator back and forth to shave bone overgrowth by the angled edges (¶69).
Regarding claim 21, Greenhalgh positioning at least one protrusion (1107, figure 18A) of the guide within at least one first slot of the cannula (705, figure 7B).
Regarding claim 28, Greenhalgh discloses the guide is rotatable between four rotatable positions within the cannula (the device is capable as both the guide and cannula are circular and nest rotationally between one another so can be positioned at a plurality of positions).
Regarding claim 29, Greenhalgh comprising coupling a light source (802) with a proximal end of the cannula (figure 8A, ¶97).
Regarding claim 31, Greenhalgh discloses the cannula comprises a superior guard portion (300) configured to contact a posterior surface of the lamina (figure 15A), an inferior guard (305) configured to contact an anterior surface of the lamina (figure 15A), and a recess (space/gap between 300 and 305) between the superior guard portion and inferior guard portion configured to receive an inferior edge of the lamina therein (figure 15A). Regarding claim 32, Greenhalgh discloses the inferior guard portion has a greater length than the superior guard portion (figure 15A). Regarding claim 33, Greenhalgh discloses the laminar locator comprises one or more angled surfaces (Cutting edges of 201) shaped to shave bone overgrowth while the laminar locator is advanced to the lamina.
Allowable Subject Matter
Claims 19-20, 22-25, 27 and 30 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.
Claim 26 would be allowable if rewritten 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 and to include 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: None of the cited art, specifically Greenhalgh teach or discloses the coupling of a stabilizer to the cannula, the stabilizer having a plurality of legs configured to contact the sink of the patient or a drape positioned over the skin of the patient as well as a cap coupled to a body of the cannula and positioning the protrusion of the guide within at least one second slot of the cannula to change a rotational position of the guide with respect to the cannula.
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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619