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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-15 is/are rejected on the ground of nonstatutory double patenting as being anticipated by claim(s) 3-10, 16 and 17 of U.S. Patent No. 12414803. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the application claims and the patent claims lies in the fact that the patent claims include many more elements and are thus much more specific as shown below (note that underlined and/or bolded sections indicate comparable elements):
Invention 19/302456
US Patent 12414803
1. An orthopedic implant kit for tightening a set screw to a head of a pedicle screw, the kit comprising: a screw extender for holding the head of the pedicle screw; a set screw driver for engaging with the set screw to threadably tighten the set screw relative to the head of the pedicle screw; a first torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism for indicating that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; wherein the first torque limiting mechanism or the first torque indication mechanism is operatively connected to the set screw driver at a different location to that of the second torque limiting mechanism.
Claims 3-7, 9 and 16-17:
Claims 3-6:
3. An orthopedic implant kit for tightening a set screw to a head of a pedicle screw, the kit comprising: a screw extender configured to hold the head of the pedicle screw, the screw extender including an inner threading; a set screw driver configured to engage with the set screw to threadably tighten the set screw relative to the head of the pedicle screw, the set screw driver including an outer threading configured to threadably engage with the inner threading of the screw extender to turn or rotate the set screw together with the set screw driver through the screw extender; a first torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism configured to indicate that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; wherein the first torque limiting mechanism or the first torque indication mechanism and the second torque limiting mechanism are integrated into the set screw driver; wherein the set screw driver comprises: a shaft having a set screw engagement portion, a tubular element surrounding the shaft, and an outer shell surrounding the tubular element, the outer shell having the outer threading configured to threadably engage with the inner threading of the screw extender, wherein a first breakable pin is disposed between the tubular element and the outer shell forming a part of the first torque limiting mechanism or the first torque indicating indication mechanism, and a second breakable pin is disposed between the tubular element and the shaft forming the second torque limiting mechanism.
Claim 7: An orthopedic implant kit for tightening a set screw to a head of a pedicle screw, the kit comprising: a screw extender configured to hold the head of the pedicle screw, the screw extender including an inner threading; a set screw driver configured to engage with the set screw to threadably tighten the set screw relative to the head of the pedicle screw, the set screw driver including an outer threading configured to threadably engage with the inner threading of the screw extender to turn or rotate the set screw together with the set screw driver through the screw extender; a first torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism configured to indicate that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; wherein the first torque limiting mechanism or the first torque indication mechanism and the second torque limiting mechanism are integrated into the set screw driver; wherein the set screw driver comprises: a shaft having a set screw engagement portion, a tubular element surrounding the shaft, and an outer shell surrounding the tubular element, the outer shell having the outer threading configured to threadably engage with the inner threading of the screw extender, wherein a first release device configured to release a rotational blockage is disposed between the tubular element and the shaft forming a part of the first torque limiting mechanism or the first torque indication mechanism, and a second release device configured to release a rotational blockage is disposed between the tubular element and the outer shell forming the second torque limiting mechanism.
Claim 9: An orthopedic implant kit for tightening a set screw to a head of a pedicle screw, the kit comprising: a screw extender configured to hold the head of the pedicle screw, the screw extender including an inner threading; a set screw driver configured to engage with the set screw to threadably tighten the set screw relative to the head of the pedicle screw, the set screw driver including an outer threading configured to threadably engage with the inner threading of the screw extender to turn or rotate the set screw together with the set screw driver through the screw extender; a first torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism configured to indicate that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; further comprising: a handle configured to turn the set screw driver relative to the screw extender, the first torque limiting mechanism or the first torque indication mechanism configured to be disposed between the handle and the set screw driver, and the second torque limiting mechanism configured to be disposed between the handle and the set screw driver.
Claims 16-17:
16. A set screw driver for an orthopedic implant kit having a screw extender for tightening a set screw to a head of a pedicle screw, the set screw driver comprising: a first torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism for indicating that the first torque value has been reached between the set screw driver and the screw extender; a second torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; and an outer threading configured to threadably engage with an inner threading of the screw extender to turn or rotate the set screw together with the set screw driver through the screw extender; further comprising: a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, wherein a breakable pin or a ratchet-type device is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second breakable pin is arranged between the tubular element and the shaft forming the second torque limiting mechanism.
2. The orthopedic implant kit according to claim 1, wherein the set screw driver includes an upper shaft configured to engage with a handle and a hollow lower shaft accommodating a torque driver inside the hollow lower shaft, the torque driver comprising a screw engagement mechanism located at a distal end of the torque driver, the screw engagement mechanism being configured to engage with the set screw, the second torque limiting mechanism being integrated into the hollow lower shaft.
Claims 3-7, see bolded section of claims 3 and 7 above
3. The orthopedic implant kit according to claim 1, wherein the set screw driver comprises: a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, and wherein a first device for releasing a rotational blockage is arranged between the tubular element and the shaft forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second device for releasing a rotational blockage is arranged between the tubular element and the outer shell forming the second torque limiting mechanism.
Claims 3-7, see bolded section of claims 3 and 7 above
4. The orthopedic implant kit according to claim 1, wherein the first torque limiting mechanism or first torque indication mechanism and the second torque limiting mechanism are integrated into the set screw driver.
Claims 3-7, see bolded section of claims 3 and 7 above
5. The orthopedic implant kit according to claim 1, further comprising: a handle for turning the set screw driver relative to the screw extender, the first torque limiting mechanism or the first torque indication mechanism arranged between the handle and the set screw driver, and the second torque limiting mechanism integrated into the set screw driver.
8. An orthopedic implant kit for tightening a set screw to a head of a pedicle screw, the kit comprising: a screw extender configured to hold the head of the pedicle screw, the screw extender including an inner threading; a set screw driver configured to engage with the set screw to threadably tighten the set screw relative to the head of the pedicle screw, the set screw driver including an outer threading configured to threadably engage with the inner threading of the screw extender to turn or rotate the set screw together with the set screw driver through the screw extender; a first torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism configured to indicate that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism configured to limit a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value;, further comprising: a handle configured to turn the set screw driver relative to the screw extender, the first torque limiting mechanism or the first torque indication mechanism disposed between the handle and the set screw driver, and the second torque limiting mechanism integrated into the set screw driver.
6. The orthopedic implant kit according to claim 4, wherein the set screw driver comprises: a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, wherein a first breakable pin is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second breakable pin is arranged between the tubular element and the shaft forming the second torque limiting mechanism.
Claims 3-7, see bolded section of claims 3 and 7above
7. The orthopedic implant kit according to claim 6, wherein the set screw driver further includes: a mechanism for generating at least one of a vibration or a noise upon breaking of the first breakable pin as a part of the first torque indicating mechanism.
4. The orthopedic implant kit according to claim 3, wherein the set screw driver further includes: a mechanism configured to generate at least one of a vibration or a noise upon breaking of the first breakable pin as a part of the first torque indicating mechanism.
8. The orthopedic implant kit according to claim 7, wherein the mechanism includes a protrusion that engages with a dented portion of a side wall of the tubular element.
5. The orthopedic implant kit according to claim 4, wherein the mechanism includes a protrusion that engages with a dented portion of a side wall of the tubular element.
9. The orthopedic implant kit according to claim 1, wherein the first torque indication mechanism includes at least one of a torque scale, a mechanism that generates a vibration upon passing the first torque value, a mechanism that generates a jolt upon passing the first torque value, and a mechanism that generates an audible noise upon passing the first torque value.
10. The orthopedic implant kit according to claim 1, wherein the first torque indication mechanism includes at least one of a torque scale, a mechanism that generates a vibration upon passing the first torque value, a mechanism that generates a jolt upon passing the first torque value, and a mechanism that generates an audible noise upon passing the first torque value.
10. A set screw driver for an orthopedic implant kit having a screw extender for tightening a set screw to a head of a pedicle screw, the set screw driver comprising: a first torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a first torque value, or a first torque indication mechanism for indicating that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism for limiting a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value; wherein the first torque limiting mechanism or the first torque indication mechanism is operatively connected to the set screw driver at a different location to that of the second torque limiting mechanism.
Claims 3-10 and 16-17, see underlined sections of claims 3, 7-9 and 16-17 above
11. The set screw driver according to claim 10, wherein the set screw driver includes an upper shaft configured to engage with a handle and a hollow lower shaft accommodating a torque driver inside the hollow lower shaft, the torque driver comprising a screw engagement mechanism located at a distal end of the torque driver, the screw engagement mechanism being configured to engage with the set screw, the second torque limiting mechanism being integrated into the hollow lower shaft.
Claims 3-7 above and note bolded sections of claims 3 and 7
12. The set screw driver according to claim 10, wherein the set screw driver comprises: a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, and wherein a first device for releasing a rotational blockage is arranged between the tubular element and the shaft forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second device for releasing a rotational blockage is arranged between the tubular element and the outer shell forming the second torque limiting mechanism.
Claims 3-7 above and note bolded sections of claims 3 and 7
13. The set screw driver according to claim 10, further comprising: a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, wherein a breakable pin or a ratchet-type device is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second breakable pin is arranged between the tubular element and the shaft forming the second torque limiting mechanism.
See claim 4 above
14. The set screw driver according to claim 13, wherein the set screw driver further includes: a bolt for blocking a rotational movement between the tubular element and the outer shell after the breakable pin breaks or a ratchet-type device releases.
6. The orthopedic implant kit according to claim 3, wherein the set screw driver further includes: a bolt configured to block a rotational movement between the tubular element and the outer shell after the first breakable pin is broken.
15. The set screw driver according to claim 10, wherein the first torque indication mechanism includes at least one of a mechanism that generates a vibration upon passing the first torque value, a mechanism that generates a jolt upon passing the first torque value, and a mechanism that generates an audible noise upon passing the first torque value.
See claim 10 above
Thus, the invention of US Patent 12414803, claims 3-10, 16 and 17, respectively, are in effect a “species” of the “generic” invention of the application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the application claims are anticipated by the patent claims, they are not patentably distinct from the patent claims.
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.
Claim(s) 1, 4, 5, 9, 10 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Atoulikian (US 20140277203).
With respect to claims 1 and 10, Atoulikian discloses an orthopedic implant kit (see fig. 1-7, para. 33) for tightening a set screw to a head of a pedicle screw (see fig. 7), the kit comprising: a screw extender (62) for holding the head of the pedicle screw (see para. 39); a set screw driver (58) for engaging with the set screw to threadably tighten the set screw relative to the head of the pedicle screw (see para. 38); a first torque limiting mechanism (e.g., handle 61 attached to 26, 30, 32, see para. 33) for limiting a torque between the set screw driver and the screw extender to a first torque value (see para. 33-36), or a first torque indication mechanism for indicating that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism (e.g., 60) for limiting a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value (see para. 33-36 and 39); wherein the first torque limiting mechanism or the first torque indication mechanism is operatively connected to the set screw driver at a different location to that of the second torque limiting mechanism (see fig. 4 below).
PNG
media_image1.png
796
803
media_image1.png
Greyscale
PNG
media_image2.png
657
567
media_image2.png
Greyscale
As for claim 4, Atoulikian further discloses the orthopedic implant kit according to claim 1, wherein the first torque limiting mechanism or first torque indication mechanism and the second torque limiting mechanism are integrated into the set screw driver (see fig. 7 above and note that all of the elements are connected to make a single tool).
With respect to claim 5, Atoulikian discloses an orthopedic implant kit (see fig. 1-7, para. 33) for tightening a set screw to a head of a pedicle screw (see fig. 7), the kit comprising: a screw extender (62) for holding the head of the pedicle screw (see para. 39); a set screw driver (58) for engaging with the set screw to threadably tighten the set screw relative to the head of the pedicle screw (see para. 38); a first torque limiting mechanism (e.g., 32, see para. 33) for limiting a torque between the set screw driver and the screw extender to a first torque value (see para. 33-36), or a first torque indication mechanism for indicating that the first torque value has been reached between the set screw driver and the screw extender; and a second torque limiting mechanism (e.g., 60) for limiting a torque between the set screw driver and the screw extender to a second torque value, the second torque value being higher than the first torque value (see para. 33-36 and 39); wherein the first torque limiting mechanism or the first torque indication mechanism is operatively connected to the set screw driver at a different location to that of the second torque limiting mechanism (see fig. 4 above and note that 60 and 32 are located at different locations with 60 being perpendicularly located); further comprising: a handle (e.g., 61) for turning the set screw driver relative to the screw extender, the first torque limiting mechanism or the first torque indication mechanism arranged between the handle and the set screw driver, and the second torque limiting mechanism integrated into the set screw driver (see fig. 2 and 4).
As for claim 9, Atoulikian further discloses the orthopedic implant kit according to claim 1, wherein the first torque indication mechanism includes at least one of a torque scale, a mechanism that generates a vibration upon passing the first torque value, a mechanism that generates a jolt upon passing the first torque value, and a mechanism that generates an audible noise upon passing the first torque value (see para. 42, note tactile and audible feedback).
As for claim 15, Atoulikian further teaches the set screw driver according to claim 10, wherein the first torque indication mechanism includes at least one of a mechanism that generates a vibration upon passing the first torque value, a mechanism that generates a jolt upon passing the first torque value, and a mechanism that generates an audible noise upon passing the first torque value (see para. 42, note tactile and audible feedback).
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.
Claim(s) 6-8, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atoulikian (US 20140277203), as applied to claims 4 and 10 above, in view of Stad (US 20100292742) and Cavagna (US 20030114860).
As for claims 6 and 13, Atoulikian further teaches wherein the set screw driver comprises: a shaft having a set screw engagement portion (see fig. 3 and note that the main body of 58 comprises a shaft with a distal engagement portion as shown at the bottom of fig. 3); a tubular element (66) surrounding the shaft; and an outer shell (e.g., outer shell of 66 including slots 77) surrounding the tubular element.
Atoulikian does not teach the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, wherein a first breakable pin is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second breakable pin is arranged between the tubular element and the shaft forming the second torque limiting mechanism.
Stad teaches an instrument for tightening a set screw to the head of a pedicle screw (see fig. 1-2, para. 17-19, screw extensions 14 and a set screw driver 40 in combination), the instrument comprising a screw extender for holding the head of the pedicle screw (screw extension 14 holds bone anchor 12) and a set screw driver for engaging with the set screw to threadably tighten a set screw relative to the head of the pedicle screw (set screw driver 40 in combination with the threaded collar 50); and an outer shell surrounding the tubular element (outer surface of collar 50), the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender (see para. 22, collar 50 includes external thread 52 which engages the inner thread 32 of the reduction cap of the screw extension 14) in order to provide a more stable connection mechanism that is well known in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Atoulikian to include the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, in view of Stad, in order to provide a more stable connection mechanism that is well known in the art, as a matter of engineering design choice as substitution of a well known connection mechanism is well know in the art.
The combination of Atoulikian, as modified by Stad, does not teach wherein a first breakable pin is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second breakable pin is arranged between the tubular element and the shaft forming the second torque limiting mechanism.
Cavagna teaches an instrument for tightening a screw head to a head of a pedicle screw (see fig. 1-3 and para. 27 and note instrument 1 which includes body 2 and manual grip 3) comprising a screw extender for holding the end of the pedicle screw (end 5 of rod 4); a set screw driver for engaging with the set screw to threadably tighten the set screw relative to the head of the pedicle screw (rod 4 combined with tubular element 2); a first torque limiting mechanism with a pin (8, note that pin 8 breaks at the level R of the junction between 2 and 4 at a predetermined breaking torque); wherein the set screw driver comprises a shaft having a set screw engagement portion (note end 5 on rod 4) for engaging a screw; a tubular element (2) surrounding the shaft; and an outer shell surrounding the tubular element (note outer surface of 2), wherein a first breakable pin 8, see para. 28) is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism (see para. 3-34) in order to provide a known feedback feature to a torque limiting instrument (see para. 33-34).
It would have been obvious to one of ordinary skill in the art to modify Atoulikian, as modified by Stad, to further include a first breakable pin is arranged between the tubular element and the outer shell forming a part of the first torque limiting mechanism or first torque indicating mechanism, in view of Cavagna, in order to provide a known feedback feature to a torque limiting instrument.
As for a second breakable pin arranged between the tubular element and the shaft forming the second torque limiting mechanism, it would have been an obvious matter of engineering design choice to include the second breakable pin as set forth, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.) In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
As for claim 7, Atoulikian, as modified by Stad and Cavagna, further teaches the orthopedic implant kit according to claim 6, wherein the set screw driver further includes: a mechanism for generating at least one of a vibration or a noise upon breaking of the first breakable pin as a part of the first torque indicating mechanism (see para. 42 and note tactile and audible feedback).
As for claim 8, Atoulikian, as modified by Stad and Cavagna, does not appear to teach wherein the mechanism includes a protrusion that engages with a dented portion of a side wall of the tubular element.
However, Cavagna teaches a protrusion (see para. 27 and note the proximal 5 of rod 4) that engages with a dented portion of a side wall of the tubular element (see para. 27) in order to provide a known connection mechanism between two elements (see para. 27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Atoulikian, as modified by Stad and Cavagna, wherein the mechanism includes a protrusion that engages with a dented portion of a side wall of the tubular element in further view of Cavagna, as a matter of engineering design choice, in order to provide a known connection mechanism between two elements and simple substitution is well known in the art.
As for claim 14, Atoulikian, as modified by Stad and Cavagna, further teaches the set screw driver according to claim 13, wherein the set screw driver further includes: a bolt (68, see fig. 3-5, para. 40) for blocking a rotational movement between the tubular element and the outer shell after the breakable pin breaks or a ratchet-type device releases.
Reasons for Allowance
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 claim 2. In particular, none of the cited references teach or suggest the set screw driver also including a hollow lower shaft accommodating a torque driver inside the hollow lower shaft, the torque driver comprising a screw engagement mechanism located at a distal end of the torque driver, the screw engagement mechanism being configured to engage with the set screw, the second torque limiting mechanism being integrated into the hollow lower shaft, as required by claim 2.
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 claim 3. In particular, none of the cited references teach or suggest a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, and wherein a first device for releasing a rotational blockage is arranged between the tubular element and the shaft forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second device for releasing a rotational blockage is arranged between the tubular element and the outer shell forming the second torque limiting mechanism, as required by claim 3.
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 claim 11. In particular, none of the cited references teach or suggest the set screw driver also including a hollow lower shaft accommodating a torque driver inside the hollow lower shaft, the torque driver comprising a screw engagement mechanism located at a distal end of the torque driver, the screw engagement mechanism being configured to engage with the set screw, the second torque limiting mechanism being integrated into the hollow lower shaft, as required by claim 11.
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 claim 12. In particular, none of the cited references teach or suggest a shaft having a set screw engagement portion; a tubular element surrounding the shaft; and an outer shell surrounding the tubular element, the outer shell having an outer threading for threadably engaging with an inner threading of the screw extender, and wherein a first device for releasing a rotational blockage is arranged between the tubular element and the shaft forming a part of the first torque limiting mechanism or first torque indicating mechanism, and a second device for releasing a rotational blockage is arranged between the tubular element and the outer shell forming the second torque limiting mechanism, as required by claim 12.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. 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.
/TARA ROSE E CARTER/Examiner, Art Unit 3773
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
Prosecution Insights