Detailed Action
This is the first office action on the merits for US application number 19/360,440.
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 Objections
Applicant is advised that should claim 3 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claims 4-7 and 8-11 be found allowable, claims 15-21 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim(s) 22 is/are objected to because of the following informalities:
Claim 22 line 7 should read “being generally flat [[in]] along an outer edge of each cross section taken perpendicular to the axial direction”.
Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: engagement member in claim 3 line 3, connecting member in claim 11 line 2, engagement member in claim 14 line 16, and connecting member in claim 21 line 2.
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.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10, 13-17, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 24-29 of U.S. Patent No. 11,844,534. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are drawn to a genus of the species of U.S. Patent No. 11,844,534.
Instant Application
U.S. Patent No. 11,844,534
1-10
1-10
13
11
14-17
24-27
18
24
19-20
28-29
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,465,371. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are drawn to a genus of the species of U.S. Patent No. 12,465,371.
Instant Application
U.S. Patent No. 12,465,371
1-13
1-12
14-21
13-19
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(s) 3-7 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 3 is/are unclear with regards to an articulation axis in lines 7-8 and if this is intended to refer to or be in addition to that of claim 1 line 7. Examiner is interpreting this as referring to, and suggests amending as, “rotate relative to the elongated housing about [[an]]the articulation axis.”.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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 of this title, 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) 1, 2, 8-13, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrison et al. (US 2005/0261692, hereinafter “Carrison”) in view of McGuire (US 5,464,407).
The claimed phrases “forming” and “snap-fit” are being treated as product by process limitations; that is the product reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. MPEP 2113.
As to claims 1, 2, 8, 9, and 11-13, Carrison discloses a rotary cutting tool (Figs. 5A, 5B, 7A, 7B, 11A, 11B, and 12, ¶s 53, 54, 56, 60, and 61) comprising: an elongated housing (104) having a proximal end (110, Figs. 5A, 5B, ¶53) and a distal end (112, Figs. 7A, 7B), the elongated housing extending circumferentially around a first axis (axis along the longest dimension of 560, Figs. 7A, 7B, 11A, and 11B, ¶60); a drive shaft (560, 566) disposed within the elongated housing (Figs. 7A, 7B, 11A, and 11B, ¶60) and extending between the proximal end and the distal end (Figs. 7A, 7B, 11A, and 11B, ¶60) and capable of rotating about the first axis (Figs. 5A, 5B, 7A, 7B, 9A, 9B, 11A, and 11B, ¶s 45, 53, and 60); a cutting bit housing (106, Figs. 7A, 7B, and 12, ¶s 53, 54, and 61) coupled to the distal end of the elongated housing (Figs. 7A and 7B, ¶53) and capable of rotating relative to the drive shaft (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60) about an articulation axis (301, Figs. 7A and 7B, ¶s 53 and 54) between a non-articulated position (Fig. 7A, ¶s 53 and 54) and one or more articulated positions (Fig. 7B, ¶s 53 and 54); and a rotary cutting bit (166, 564, 568, Figs. 11A and 11B) including a multi-faceted ball-like portion (568, Figs. 11A and 11B), the rotary cutting bit coupled to the cutting bit housing (Figs. 7A and 7B) and the drive shaft (Figs. 11A and 11B) and capable of rotating relative about the articulation axis with the cutting bit housing (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60), the multi-faceted ball-like portion of the rotary cutting bit and drive shaft forming a constant velocity joint (Figs. 7A, 7B, 11A, and 11B, ¶s 53 and 60). Carrison also discloses a known alternate drive shaft (520, Figs. 9A, 9B, ¶58) and rotary cutting bit (524, 166, Figs. 9A, 9B, ¶58) connected via a flexible coil (526, Figs. 9A, 9B, ¶58). As to claim 2, Carrison discloses a controller assembly (310, 312, “actuator” of ¶54, 170, Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54) coupled to the proximal end of the elongated housing (Figs. 5A and 5B, ¶53) and capable of causing the rotary cutting bit and cutting bit housing to selectively rotate relative to the elongated housing between the non-articulated position and the one or more articulated positions (Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54). As to claim 11, Carrison discloses a connecting member (112, Fig. 7A) coupled to the distal end of the elongated housing (as defined, Fig. 7A), the connecting member rotatably defining the articulation axis (Figs. 7A and 7B) and connecting the cutting bit housing to the elongated housing (as defined, Fig. 7A). As to claim 12, Carrison discloses that the cutting bit housing is snap-fit to the connecting member (Fig. 7A).
Carrison is silent to the multi-faceted ball-like portion of the rotary cutting bit being a multi-faceted ball. As to claim 8, Carrison is silent to the drive shaft includes a rotary socket configured to receive the multi-faceted ball of the rotary cutting bit, the multi-faceted ball and rotary socket forming the constant velocity joint. As to claim 9, Carrison is silent to the rotary socket is rotatably fixed to the drive shaft such that rotation of the drive shaft about the first axis causes the rotary socket to rotate about the first axis, wherein the rotary socket defines a receiving area for receiving the multi-faceted ball, and wherein the receiving area has a generally hexagonal shape and the multi-faceted ball is a hex-ball. As to claim 13, Carrison is silent to the rotary cutting bit includes a groove extending circumferentially around a central shaft of the rotary cutting bit, the groove configured to receive a fastener to prevent the rotary cutting bit from translating relative to an intended cutting axis.
McGuire teaches a similar rotary tool (Figs. 1 and 2, col. 5 lines 14-27 and 59-65, col. 6 lines 15-21) comprising: an elongated housing (18, Fig. 1) having a proximal end and a distal end (Fig. 1), the elongated housing extending circumferentially around a first axis (along the longest dimension of 12 as shown in Fig. 1, Fig. 1, col. 5 lines 14-27); a drive shaft (12, 28, Figs. 1 and 2, col. 5 lines 16-47) disposed within the elongated housing (Fig. 1, col. 5 lines 16-27) and extending along the first axis (Figs. 1 and 2, col. 5 lines 36-37) between the proximal end and the distal end (Fig. 1), the drive shaft being capable of rotating about the first axis (Fig. 1, col. 5 lines 16-25); a bit housing (20) coupled to the distal end of the elongated housing (Fig. 1); and a rotary bit (14, 56, Figs. 1 and 2, col. 5 lines 16-25 and 59-65) including a multi-faceted ball (68, Figs. 1 and 2, col. 5 lines 48-50), the rotary bit coupled to the bit housing and the drive shaft (Fig. 1, col. 5 lines 59-65) and capable of rotating relative to the drive shaft (due to the shape of the disclosed ball and socket, such would be able to rotate if assembled without housing 20, Figs. 1 and 2), the multi-faceted ball of the rotary bit and drive shaft forming a constant velocity joint (Figs. 1 and 2, col. 5 lines 59-65), where the constant velocity joint is formed about a bend axis (along 20 and at bend 78 and perpendicular to the first axis, Fig. 1) that intersects the first axis (as defined, Fig. 1). McGuire also teaches coupling the bit housing to the bit via a fastener (“C-shaped clip 82” of col. 7 line 4) positioned in a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) in the bit housing (Fig. 1, col. 7 line 5); wherein the fastener is received in a groove (54, Figs. 1 and 2, col. 7 line 6) of the bit (Fig. 1) to prevent axial movement of the bit while allowing the bit to rotate within the housing (Fig. 1, col. 7 line 4-9). McGuire also teaches a known alternate drive shaft (212, Fig. 9, col. 9 lines 55-63) and rotary bit (216, Fig. 9, col. 10 lines2 -3) connected via a flexible coil (wire coils of col. 9 lines 61-63, Fig. 9, col. 10 lines 5-15). As to claim 8, McGuire teaches that the drive shaft includes a rotary socket (32/28) capable of receiving the multi-faceted ball of the rotary bit (Fig. 1, col. 5 lines 59-65), the multi-faceted ball and rotary socket forming the constant velocity joint (Figs. 1 and 2, col. 5 lines 59-65). As to claim 9, McGuire teaches that the rotary socket is rotatably fixed to the drive shaft such that rotation of the drive shaft about the first axis causes the rotary socket to rotate about the first axis (Figs. 1 and 2, col. 5 lines 30-37 and 62-64), wherein the rotary socket defines a receiving area (36, Figs. 1 and 2, col. 5 lines 40-45) for receiving the multi-faceted ball (Figs. 1 and 2, col. 5 lines 40-45 and 58-61), and wherein the receiving area has a generally hexagonal shape (col. 5 lines 40-45) and the multi-faceted ball is a hex-ball (col. 5 lines 40-45 and 56-58). As to claim 13, McGuire teaches that the rotary cutting bit includes a groove (54, Figs. 1 and 2, col. 7 line 6) extending circumferentially around a central shaft of the rotary cutting bit (Figs. 1 and 2, col. 7 line 6), the groove capable of receiving a fastener (“C-shaped clip 82” of col. 7 line 4) to prevent the rotary cutting bit from translating relative to an intended cutting axis (Fig. 1, col. 7 line 4-9), wherein the cutting bit housing comprises a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) for receiving the fastener (Fig. 1, col. 7 lines 4-9).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the multi-faceted ball-like portion of the rotary cutting bit and corresponding drive shaft portion as disclosed by Carrison to be a multi-faceted ball and corresponding drive shaft portion as taught by McGuire in order to select a known alternative connection between a rotary drive shaft and an articulatable rotary bit (McGuire Fig. 9, col. 9 lines 55-63 and col. 10 lines 5-15; Carrison Figs. 9A and 9B, ¶58, Figs. 11A and 11B, ¶60). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the connection between the drive shaft and the rotary cutting bit of Carrison to be shaped as a multi-faced ball and socket as taught by McGuire, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an angled rotational connection that transmits torque when bent (McGuire col. 5 lines 21-29 and 61-65; Carrison ¶60). In forming the combination, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify/specify that the cutting bit housing, rotary cutting bit, and tool with the open tip of Fig. 12 as disclosed by Carrison to have a slot in the cutting bit housing, a groove in the rotary cutting bit, and add a clip received by the slot and recess as taught by McGuire in order to prevent axial movement of the bit while allowing the bit to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9).
As to claim 10, the combination of Carrison and McGuire discloses the invention of claim 8 but is silent to the rotary socket includes a groove extending circumferentially around the rotary socket, and the elongated housing is configured to receive two fasteners such that the two fasteners are at least partially received within the groove to prevent translation of the rotary socket about the first axis.
McGuire further teaches a rotary shank (of 14, 56) includes a groove (54, Figs. 1 and 2, col. 7 line 6) extending circumferentially around the rotary shank (Figs. 1 and 2, col. 7 line 6), and a housing portion (of 76) is capable of receiving two fasteners (ends of “C-shaped clip 82” disclosed in col. 7 line 4) such that the two fasteners are at least partially received within the groove to prevent translation of the rotary socket about the first axis (Fig. 1, col. 7 line 4-9); wherein the housing portion comprises a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) for receiving the two fasteners (Fig. 1, col. 7 lines 4-9).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the elongated housing, rotary socket, and tool with the open tip of Fig. 12 as disclosed by the combination of Carrison and McGuire to have a slot in the elongated housing, a groove in the rotary socket, and add a clip received by the groove and recess as taught by McGuire in order to prevent axial movement of the socket while allowing the socket to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9).
As to claims 1 and 2, Carrison, in an alternate embodiment, discloses a rotary cutting tool (Figs. 5A, 5B, 7A, 7B, 11A, and 11B, ¶s 53, 54, 56, and 60) comprising: an elongated housing (104) having a proximal end (110, Figs. 5A, 5B, ¶53) and a distal end (112, Figs. 7A, 7B), the elongated housing extending circumferentially around a first axis (axis along the longest dimension of 560, Figs. 7A, 7B, 11A, and 11B, ¶60); a drive shaft (560, 566) disposed within the elongated housing (Figs. 7A, 7B, 11A, and 11B, ¶60) and extending between the proximal end and the distal end (Figs. 7A, 7B, 11A, and 11B, ¶60) and capable of rotating about the first axis (Figs. 5A, 5B, 7A, 7B, 9A, 9B, 11A, and 11B, ¶s 45, 53, and 60); a cutting bit housing (106, Figs. 7A, 7B, and 12, ¶s 53, 54, and 61) coupled to the distal end of the elongated housing (Figs. 7A and 7B, ¶53) and capable of rotating relative to the drive shaft (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60) about an articulation axis (301, Figs. 7A and 7B, ¶s 53 and 54) between a non-articulated position (Fig. 7A, ¶s 53 and 54) and one or more articulated positions (Fig. 7B, ¶s 53 and 54); and a rotary cutting bit (166, 564, 568, Figs. 11A and 11B) including a multi-faceted ball-like portion (568, Figs. 11A and 11B), the rotary cutting bit coupled to the cutting bit housing (Figs. 7A and 7B) and the drive shaft (Figs. 11A and 11B) and capable of rotating about the articulation axis with the cutting bit housing (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60), the multi-faceted ball-like portion of the rotary cutting bit and drive shaft forming a constant velocity joint (Figs. 7A, 7B, 11A, and 11B, ¶s 53 and 60). Carrison also discloses a known alternate drive shaft (520, Figs. 9A, 9B, ¶58) and rotary cutting bit (524, 166, Figs. 9A, 9B, ¶58) connected via a flexible coil (526, Figs. 9A, 9B, ¶58). As to claim 2, Carrison discloses a controller assembly (310, 312, “actuator” of ¶54, 170, Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54) coupled to the proximal end of the elongated housing (Figs. 5A and 5B, ¶53) and capable of causing the rotary cutting bit and cutting bit housing to selectively rotate relative to the elongated housing between the non-articulated position and the one or more articulated positions (Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54).
Carrison is silent to the multi-faceted ball-like portion of the rotary cutting bit being a multi-faceted ball.
McGuire teaches a similar rotary tool (Figs. 1 and 2, col. 5 lines 14-27 and 59-65, col. 6 lines 15-21) comprising: an elongated housing (18, Fig. 1) having a proximal end and a distal end (Fig. 1), the elongated housing extending circumferentially around a first axis (along the longest dimension of 12 as shown in Fig. 1, Fig. 1, col. 5 lines 14-27); a drive shaft (12, 28, Figs. 1 and 2, col. 5 lines 16-47) disposed within the elongated housing (Fig. 1, col. 5 lines 16-27) and extending between the proximal end and the distal end (Figs. 1 and 2, col. 5 lines 36-37) and capable of rotating about the first axis (Fig. 1, col. 5 lines 16-25); a bit housing (20) coupled to the distal end of the elongated housing (Fig. 1); and a rotary bit (14, 56, Figs. 1 and 2, col. 5 lines 16-25 and 59-65) including a multi-faceted ball (68, Figs. 1 and 2, col. 5 lines 48-50), the rotary bit coupled to the bit housing and the drive shaft (Fig. 1, col. 5 lines 59-65) and capable of rotating relative to the drive shaft (due to the shape of the disclosed ball and socket, such would be able to rotate if assembled without housing 20, Figs. 1 and 2), the multi-faceted ball of the rotary bit and drive shaft forming a constant velocity joint (Figs. 1 and 2, col. 5 lines 59-65), where the constant velocity joint is formed about a bend axis (along 20 and at bend 78 and perpendicular to the first axis, Fig. 1) that intersects the first axis (as defined, Fig. 1). McGuire also teaches coupling the bit housing to the bit via a fastener (“C-shaped clip 82” of col. 7 line 4) positioned in a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) in the bit housing (Fig. 1, col. 7 line 5); wherein the fastener is received in a groove (54, Figs. 1 and 2, col. 7 line 6) of the bit (Fig. 1) to prevent axial movement of the bit while allowing the bit to rotate within the housing (Fig. 1, col. 7 line 4-9). McGuire also teaches a known alternate drive shaft (212, Fig. 9, col. 9 lines 55-63) and rotary bit (216, Fig. 9, col. 10 lines2 -3) connected via a flexible coil (wire coils of col. 9 lines 61-63, Fig. 9, col. 10 lines 5-15).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the multi-faceted ball-like portion of the rotary cutting bit and corresponding drive shaft portion as disclosed by Carrison to be a multi-faceted ball and corresponding drive shaft portion as taught by McGuire in order to select a known alternative connection between a rotary drive shaft and an articulatable rotary bit (McGuire Fig. 9, col. 9 lines 55-63 and col. 10 lines 5-15; Carrison Figs. 9A and 9B, ¶58, Figs. 11A and 11B, ¶60). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the connection between the drive shaft and the rotary cutting bit of Carrison to be shaped as a multi-faced ball and socket as taught by McGuire, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an angled rotational connection that transmits torque when bent (McGuire col. 5 lines 21-29 and 61-65; Carrison ¶60). In forming the combination, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify/specify that the cutting bit housing, rotary cutting bit, and tool with the open tip of Fig. 12 as disclosed by Carrison to have a slot in the cutting bit housing, a groove in the rotary cutting bit, and add a clip received by the slot and recess as taught by McGuire in order to prevent axial movement of the bit while allowing the bit to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9).
As to claim 22, Carrison discloses a rotary cutting bit (166, 564, 568, Figs. 11A, 11B and 12, ¶s 48, 53, 54, 60, and 61) capable of engaging a corresponding drive shaft (560, 566) comprising: a cutting head (166); a central shaft (564, Figs. 11A and 11B) coupled to the cutting head (Figs. 11A and 11B), the central shaft extending circumferentially along a cutting axis (Figs. 11A and 11B); and a multi-faceted ball-like portion (568, Figs. 11A and 11B) coupled to the central shaft opposite the cutting head (Figs. 11A and 11B), the multi- faceted ball including one or more faceted surfaces being generally curved in an axial direction (Figs. 11A and 11B). Carrison also discloses a known alternate drive shaft (520, Figs. 9A, 9B, ¶58) and rotary cutting bit (524, 166, Figs. 9A, 9B, ¶58) connected via a flexible coil (526, Figs. 9A, 9B, ¶58).
Carrison is silent to the central shaft defining a groove extending circumferentially around the central shaft, the multi-faceted ball-like portion being a multi-faceted ball, and the one or more faceted surfaces being generally flat along an outer edge of each cross section taken perpendicular to the axial direction.
McGuire teaches a similar rotary bit (14, 56, Figs. 1 and 2, col. 5 lines 16-25 and 59-65) capable of engaging a corresponding drive shaft (12, 28, Figs. 1 and 2) comprising: a head (52, Figs. 1 and 2); a central shaft (48, 64) coupled to the head (Figs. 1 and 2), the central shaft extending circumferentially along a cutting axis (Figs. 1 and 2, col. 5 lines 48-56), the central shaft having a groove (54) indented radially inward (Figs. 1 and 2, col. 5 lines 48-56) and extending circumferentially around the central shaft (Figs. 1 and 2, col. 5 lines 48-56); and a multi-faceted ball (68, Figs. 1 and 2, col. 5 lines 48-50) coupled to the central shaft opposite the head (Figs. 1 and 2), the multi- faceted ball including one or more faceted surfaces (surfaces of “hexagonal configuration” of col. 5 lines 56-58) being generally curved in an axial direction (Fig. 2) and being generally flat along an outer edge of each cross section taken perpendicular to the axial direction (to form “hexagonal configuration” of col. 5 lines 56-58).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the multi-faceted ball-like portion of the rotary cutting bit and corresponding drive shaft portion as disclosed by Carrison to be a multi-faceted ball and corresponding drive shaft portion as taught by McGuire in order to select a known alternative connection between a rotary drive shaft and an articulatable rotary bit (McGuire Fig. 9, col. 9 lines 55-63 and col. 10 lines 5-15; Carrison Figs. 9A and 9B, ¶58, Figs. 11A and 11B, ¶60). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the connection between the drive shaft and the rotary cutting bit of Carrison to be shaped as a multi-faced ball and socket as taught by McGuire, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an angled rotational connection that transmits torque when bent (McGuire col. 5 lines 21-29 and 61-65; Carrison ¶60). In forming the combination, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify/specify that the cutting bit housing, rotary cutting bit, and tool with the open tip of Fig. 12 as disclosed by Carrison to have a slot in the cutting bit housing, a recess in the rotary cutting bit, and add a clip received by the slot and recess as taught by McGuire in order to prevent axial movement of the bit while allowing the bit to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9).
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrison and McGuire in view of Cha (US 2010/0057087, hereinafter “Cha”).
As to claims 3-7, the combination of Carrison, in an alternate embodiment, and McGuire discloses the invention of claim 2.
The combination of Carrison, in an alternate embodiment, and McGuire is silent to an articulation shaft disposed between the elongated housing and the drive shaft and including an engagement member configured to engage with a groove in the cutting bit housing, wherein the controller assembly is coupled to the articulation shaft and configured to cause the articulation shaft to translate relative to the elongated housing, and wherein translation of the articulation shaft relative to the elongated housing causes the rotary cutting bit and cutting bit housing to rotate relative to the elongated housing about the articulation axis. As to claim 4, the combination of Carrison, in an alternate embodiment, and McGuire is silent to the controller assembly includes a first trigger and a second trigger, the second trigger configured to cause the articulation shaft to translate relative to the elongated housing and the first trigger configured to releasably lock a position of the articulation shaft relative to the elongated housing. As to claim 5, the combination of Carrison, in an alternate embodiment, and McGuire is silent to the first trigger includes an arm configured to abut a stepped structure of the second trigger such that rotation of the second trigger in at least one direction is prevented by the arm of the first trigger. As to claim 6, the combination of Carrison, in an alternate embodiment, and McGuire is silent to the stepped structure includes one or more stepped surfaces that each correspond to a different articulated position of the one or more articulated positions. As to claim 7, the combination of Carrison, in an alternate embodiment, and McGuire is silent to the articulation shaft and engagement member are coupled to one another by an elongated arm integrally formed with the articulation shaft and engagement member, the articulation shaft, engagement member and elongated arm comprised of a generally rigid material.
Cha teaches a similar rotary cutting tool (1500, Figs. 14a-20c, 25a, and 25b, ¶s 112, 125, and 136) comprising: an elongated housing (1515, Figs. 14a-16b, 25a, and 25b); a drive shaft (1542, Figs. 15-16b, 19-20c, 25a and 25b, ¶105), the drive shaft being rotatable about a first axis (Figs. 15-16b, 19-20c, 25a and 25b, ¶105); a cutting bit housing (1520, 1536, Figs. 25a and 25b, ¶s 113 and 116) coupled to the rotary cutting bit (Figs. 25a and 25b, ¶s 113 and 116), the cutting bit housing being rotatable relative to the drive shaft (Figs. 25a and 25b); a rotary cutting bit (1530, Figs. 17a, 20b, 20c, 25a, and 25b, ¶105) including an end that forms a joint with the drive shaft (Figs. 25a and 25b, ¶116), the rotary cutting bit being rotatable about an articulation axis that intersects the first axis (Figs. 25a and 25b); and a controller assembly (Figs. 14a-16b, 20a, 25a, and 25b) coupled to the proximal end of the elongated housing (Figs. 14a-16b, 20a) and capable of causing the rotary cutting bit and cutting bit housing to selectively rotate relative to the elongated housing between a non-articulated position (Figs. 20b and 25a) and one or more articulated positions (Figs. 20c and 25b, Figs. 20a-20c, 25a and 25b, ¶s 103 and 104); and an articulation shaft (936, 935, 937, 932, 931, 934, Figs. 25a-25b, ¶136) disposed between the elongated housing and the drive shaft (Figs. 25a-25b, ¶136) and including an engagement member (936, 932, Figs. 25a-25b, ¶136) capable of engaging with a groove in the cutting bit housing (groove/sockets of 1536 shown in Figs. 25a and 25b receiving 936 and 932, ¶136), wherein the controller assembly is coupled to the articulation shaft (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137) and capable of causing the articulation shaft to translate relative to the elongated housing (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137), and wherein translation of the articulation shaft relative to the elongated housing causes the rotary cutting bit and cutting bit housing to rotate relative to the elongated housing about the articulation axis (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137). Cha also teaches an alternate embodiment of actuating means comprising an articulation wire (Figs. 18b-20b, ¶s 125 and 136). As to claim 4, Cha teaches that the controller assembly includes a first trigger (1610, Figs. 14a-16b and 20a, ¶s 104, 108, 110, and 112; wherein a trigger has been interpreted as “a piece (such as a lever) connected with a catch or detent as a means of releasing it”, “a similar movable part by which a mechanism is actuated”, and “something that acts like a mechanical trigger in initiating a process or reaction” (https://www.merriam-webster.com/dictionary/trigger)) and a second trigger (1620, 21A, 21B), the second trigger capable of causing the articulation shaft to translate relative to the elongated housing (Fig. 20a, ¶s 103, 109, 112, and 123) and the first trigger capable of releasably locking a position of the articulation shaft relative to the elongated housing (Fig. 20a, ¶112). As to claim 5, Cha teaches that the first trigger includes an arm (1617, 1615, narrow portion of 1610 as shown in Fig. 16b) capable of abutting a stepped structure of the second trigger (“notches” in 21A and 21B as disclosed in ¶111, ¶111) such that rotation of the second trigger in at least one direction is prevented by the arm of the first trigger (Figs. 15, 16A, 20b, 25a, and 25b). As to claim 6, Cha teaches that the stepped structure includes one or more stepped surfaces (“notches” in 21A and 21B as disclosed in ¶111, ¶111) that each correspond to a different articulated position of the one or more articulated positions (Figs. 15, 16A, 20b, 25a, and 25b, ¶111). As to claim 7, Cha teaches that the articulation shaft and engagement member are coupled to one another by an elongated arm (narrow portion shown between 936 and 935 as shown in Figs. 25a and 25b, narrow portion shown between 932 and 931 as shown in Figs. 25a and 25b, Figs. 25a and 25b) integrally formed with the articulation shaft and engagement member (Figs. 25a and 25b), the articulation shaft, engagement member and elongated arm comprised of a generally rigid material (Figs. 25a and 25b,¶136).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the controller assembly, tool, and cutting bit housing as disclosed by the combination of Carrison, in an alternate embodiment, and McGuire to have the controller assembly structure, articulation shaft, and corresponding grooved attachment to the cutting bit housing as taught by Cha in order to provide a known alternative actuating means for controllably bending the cutting bit housing (Cha ¶136).
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrison in view of McGuire and Cha.
As to claims 14-19, Carrison, in an alternate embodiment, discloses an arthroscopic rotary cutting tool (Figs. 5A, 5B, 7A, 7B, 11A, 11B, and 16A-16D, ¶s 53, 54, 56, and 60) comprising: an elongated housing (104) having a proximal end (110, Figs. 5A, 5B, ¶53) and a distal end (112, Figs. 7A, 7B), the elongated housing extending circumferentially around a first axis (axis along the longest dimension of 560, Figs. 7A, 7B, 11A, and 11B, ¶60); a drive shaft (560, 566) disposed within the elongated housing (Figs. 7A, 7B, 11A, and 11B, ¶60) and extending between the proximal end and the distal end (Figs. 7A, 7B, 11A, and 11B, ¶60) and capable of rotating about the first axis (Figs. 5A, 5B, 7A, 7B, 9A, 9B, 11A, and 11B, ¶s 45, 53, and 60); a cutting bit housing (106, Figs. 7A, 7B, and 12, ¶s 53, 54, and 61) coupled to the distal end of the elongated housing (Figs. 7A and 7B, ¶53) and capable of rotating relative to the drive shaft (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60) about an articulation axis (301, Figs. 7A and 7B, ¶s 53 and 54) between a non-articulated position (Fig. 7A, ¶s 53 and 54) and one or more articulated positions (Fig. 7B, ¶s 53 and 54); a rotary cutting bit (166, 564, 568, Figs. 11A and 11B) including a multi-faceted ball-like portion (568, Figs. 11A and 11B), the rotary cutting bit coupled to the cutting bit housing (Figs. 7A and 7B) and the drive shaft (Figs. 11A and 11B) and capable of rotating about the articulation axis with the cutting bit housing (about axis 301, Figs. 7A, 7B, 11A, and 11B, ¶s 53, 54, and 60), the multi-faceted ball-like portion of the rotary cutting bit and drive shaft forming a constant velocity joint (Figs. 7A, 7B, 11A, and 11B, ¶s 53 and 60), where the articulation axis (301, Fig. 7A, ¶53) that intersects the first axis (Figs. 7A, 7B, 11A, and 11B, ¶s 53 and 60); a controller assembly (310, 312, “actuator” of ¶54, 170, Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54) coupled to the proximal end of the elongated housing (Figs. 5A and 5B, ¶53) and capable of causing the rotary cutting bit and cutting bit housing to selectively rotate relative to the elongated housing between the non-articulated position and the one or more articulated positions (Figs. 5A, 5B, 7A, and 7B, ¶s 53 and 54). Carrison also discloses a known alternate drive shaft (520, Figs. 9A, 9B, ¶58) and rotary cutting bit (524, 166, Figs. 9A, 9B, ¶58) connected via a flexible coil (526, Figs. 9A, 9B, ¶58). As to claim 18, Carrison discloses that the drive shaft includes a rotary portion (566, Figs. 11A and 11B) capable of receiving the multi-faceted ball-like portion of the rotary cutting bit (Figs. 11A and 11B), the multi-faceted ball-like portion and rotary portion forming the constant velocity joint (Figs. 11A and 11B).
Carrison is silent to the drive shaft including a rotary socket, the multi-faceted ball-like portion of the rotary cutting bit being a multi-faceted ball, the multi-faceted ball forming the constant velocity joint with the rotary socket of the drive shaft, an articulation shaft disposed between the elongated housing and the drive shaft and including an engagement member configured to engage with a groove in the cutting bit housing, wherein the controller assembly is coupled to the articulation shaft and configured to cause the articulation shaft to translate relative to the elongated housing, and wherein translation of the articulation shaft relative to the elongated housing causes the rotary cutting bit and cutting bit housing to rotate relative to the elongated housing about the articulation axis. As to claim 15, Carrison is silent to the controller assembly includes a first trigger and a second trigger, the second trigger configured to cause the articulation shaft to translate relative to the elongated housing and the first trigger configured to releasably lock a position of the articulation shaft relative to the elongated housing. As to claim 16, Carrison is silent to the first trigger includes an arm configured to abut a stepped structure of the second trigger such that rotation of the second trigger in at least one direction is prevented by the arm of the first trigger. As to claim 17, Carrison is silent to the stepped structure includes one or more stepped surfaces that each correspond to a different articulated position of the one or more articulated positions. As to claim 18, Carrison is silent to the rotary portion of the drive shaft is rotary socket configured to receive the multi-faceted ball of the rotary cutting bit, the multi-faceted ball and rotary socket forming the constant velocity joint. As to claim 19, Carrison is silent to the rotary socket is rotatably fixed to the drive shaft such that rotation of the drive shaft about the first axis causes the rotary socket to rotate about the first axis, wherein the rotary socket defines a receiving area for receiving the multi-faceted ball, and wherein the receiving area has a generally hexagonal shape and the multi-faceted ball is a hex-ball.
McGuire teaches a similar rotary tool (Figs. 1 and 2, col. 5 lines 14-27 and 59-65, col. 6 lines 15-21) comprising: an elongated housing (18, Fig. 1) having a proximal end and a distal end (Fig. 1), the elongated housing extending circumferentially around a first axis (along the longest dimension of 12 as shown in Fig. 1, Fig. 1, col. 5 lines 14-27); a drive shaft (12, 28, Figs. 1 and 2, col. 5 lines 16-47) disposed within the elongated housing (Fig. 1, col. 5 lines 16-27) and extending along the first axis (Figs. 1 and 2, col. 5 lines 36-37) between the proximal end and the distal end (Fig. 1), the drive shaft being capable of rotating about the first axis (Fig. 1, col. 5 lines 16-25), the drive shaft including a rotary socket (32/28, Figs. 1 and 2, col. 5 lines 59-65); a bit housing (20) coupled to the distal end of the elongated housing and the rotary bit (Fig. 1), the bit housing constraining rotation of the rotary bit (Fig. 1); and a rotary bit (14, 56, Figs. 1 and 2, col. 5 lines 16-25 and 59-65) including a multi-faceted ball (68, Figs. 1 and 2, col. 5 lines 48-50), the rotary bit coupled to the bit housing and the drive shaft (Fig. 1, col. 5 lines 59-65) and capable of rotating relative to the drive shaft (due to the shape of the disclosed ball and socket, such would be able to rotate if assembled without housing 20, Figs. 1 and 2), the multi-faceted ball of the rotary bit and drive shaft forming a constant velocity joint (Figs. 1 and 2, col. 5 lines 59-65), where the constant velocity joint is formed about a bend axis (along 20 and at bend 78 and perpendicular to the first axis, Fig. 1) that intersects the first axis (as defined, Fig. 1). McGuire also teaches coupling the bit housing to the bit via a fastener (“C-shaped clip 82” of col. 7 line 4) positioned in a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) in the bit housing (Fig. 1, col. 7 line 5); wherein the fastener is received in a groove (54, Figs. 1 and 2, col. 7 line 6) of the bit (Fig. 1) to prevent axial movement of the bit while allowing the bit to rotate within the housing (Fig. 1, col. 7 line 4-9). McGuire also teaches a known alternate drive shaft (212, Fig. 9, col. 9 lines 55-63) and rotary bit (216, Fig. 9, col. 10 lines2 -3) connected via a flexible coil (wire coils of col. 9 lines 61-63, Fig. 9, col. 10 lines 5-15). As to claim 18, McGuire teaches that the drive shaft includes a rotary socket (32/28, Figs. 1 and 2, col. 5 lines 59-65) capable of receiving the multi-faceted ball of the rotary bit (Fig. 1), the multi-faceted ball and rotary socket forming the constant velocity joint (Fig. 1). As to claim 19, McGuire teaches that the rotary socket is rotatably fixed to the drive shaft such that rotation of the drive shaft about the first axis causes the rotary socket to rotate about the first axis (Figs. 1 and 2, col. 5 lines 30-37 and 62-64), wherein the rotary socket defines a receiving area (36, Figs. 1 and 2, col. 5 lines 40-45) for receiving the multi-faceted ball (Figs. 1 and 2, col. 5 lines 40-45 and 58-61), and wherein the receiving area has a generally hexagonal shape (col. 5 lines 40-45) and the multi-faceted ball is a hex-ball (col. 5 lines 40-45 and 56-58).
Cha teaches a similar rotary cutting tool (1500, Figs. 14a-20c, 25a, and 25b, ¶s 112, 125, and 136) comprising: an elongated housing (1515, Figs. 14a-16b, 25a, and 25b); a drive shaft (1542, Figs. 15-16b, 19-20c, 25a and 25b, ¶105), the drive shaft being rotatable about a first axis (Figs. 15-16b, 19-20c, 25a and 25b, ¶105); a cutting bit housing (1520, 1536, Figs. 25a and 25b, ¶s 113 and 116) coupled to the rotary cutting bit (Figs. 25a and 25b, ¶s 113 and 116), the cutting bit housing being rotatable relative to the drive shaft (Figs. 25a and 25b); a rotary cutting bit (1530, Figs. 17a, 20b, 20c, 25a, and 25b, ¶105) including an end that forms a joint with the drive shaft (Figs. 25a and 25b, ¶116), the rotary cutting bit being rotatable about an articulation axis that intersects the first axis (Figs. 25a and 25b); and a controller assembly (Figs. 14a-16b, 20a, 25a, and 25b) coupled to the proximal end of the elongated housing (Figs. 14a-16b, 20a) and capable of causing the rotary cutting bit and cutting bit housing to selectively rotate relative to the elongated housing between a non-articulated position (Figs. 20b and 25a) and one or more articulated positions (Figs. 20c and 25b, Figs. 20a-20c, 25a and 25b, ¶s 103 and 104); and an articulation shaft (936, 935, 937, 932, 931, 934, Figs. 25a-25b, ¶136) disposed between the elongated housing and the drive shaft (Figs. 25a-25b, ¶136) and including an engagement member (936, 932, Figs. 25a-25b, ¶136) capable of engaging with a groove in the cutting bit housing (groove/sockets of 1536 shown in Figs. 25a and 25b receiving 936 and 932, ¶136), wherein the controller assembly is coupled to the articulation shaft (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137) and capable of causing the articulation shaft to translate relative to the elongated housing (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137), and wherein translation of the articulation shaft relative to the elongated housing causes the rotary cutting bit and cutting bit housing to rotate relative to the elongated housing about the articulation axis (Figs 14a-16b and 20a, ¶s 123, 125, 136, and 137). Cha also teaches an alternate embodiment of actuating means comprising an articulation wire (Figs. 18b-20b, ¶s 125 and 136). As to claim 15, Cha teaches that the controller assembly includes a first trigger (1610, Figs. 14a-16b and 20a, ¶s 104, 108, 110, and 112; wherein a trigger has been interpreted as “a piece (such as a lever) connected with a catch or detent as a means of releasing it”, “a similar movable part by which a mechanism is actuated”, and “something that acts like a mechanical trigger in initiating a process or reaction” (https://www.merriam-webster.com/dictionary/trigger)) and a second trigger (1620, 21A, 21B), the second trigger capable of causing the articulation shaft to translate relative to the elongated housing (Fig. 20a, ¶s 103, 109, 112, and 123) and the first trigger capable of releasably locking a position of the articulation shaft relative to the elongated housing (Fig. 20a, ¶112). As to claim 16, Cha teaches that the first trigger includes an arm (1617, 1615, narrow portion of 1610 as shown in Fig. 16b) capable of abutting a stepped structure of the second trigger (“notches” in 21A and 21B as disclosed in ¶111, ¶111) such that rotation of the second trigger in at least one direction is prevented by the arm of the first trigger (Figs. 15, 16A, 20b, 25a, and 25b). As to claim 17, Cha teaches that the stepped structure includes one or more stepped surfaces (“notches” in 21A and 21B as disclosed in ¶111, ¶111) that each correspond to a different articulated position of the one or more articulated positions (Figs. 15, 16A, 20b, 25a, and 25b, ¶111).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the multi-faceted ball-like portion of the rotary cutting bit and corresponding drive shaft portion as disclosed by Carrison to be a multi-faceted ball and corresponding drive shaft portion as taught by McGuire in order to select a known alternative connection between a rotary drive shaft and an articulatable rotary bit (McGuire Fig. 9, col. 9 lines 55-63 and col. 10 lines 5-15; Carrison Figs. 9A and 9B, ¶58, Figs. 11A and 11B, ¶60). That is, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the connection between the drive shaft and the rotary cutting bit of Carrison to be shaped as a multi-faced ball and socket as taught by McGuire, since Applicant has not disclosed that such is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an angled rotational connection that transmits torque when bent (McGuire col. 5 lines 21-29 and 61-65; Carrison ¶60). In forming the combination, one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify/specify that the cutting bit housing, rotary cutting bit, and tool with the open tip of Fig. 12 as disclosed by Carrison to have a slot in the cutting bit housing, a groove in the rotary cutting bit, and add a clip received by the slot and recess as taught by McGuire in order to prevent axial movement of the bit while allowing the bit to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the controller assembly, tool, and cutting bit housing as disclosed by Carrison, in an alternate embodiment, to have the controller assembly structure, articulation shaft, and corresponding grooved attachment to the cutting bit housing as taught by Cha in order to provide a known alternative actuating means for controllably bending the cutting bit housing (Cha ¶136).
As to claim 20, the combination of Carrison, in an alternate embodiment, McGuire, and Cha discloses the invention of claim 14 but is silent to the rotary socket includes a groove extending circumferentially around the rotary socket, and the elongated housing is configured to receive two fasteners such that the two fasteners are at least partially received within the groove to prevent translation of the rotary socket about the first axis.
McGuire further teaches a rotary shank (of 14, 56) includes a groove (54, Figs. 1 and 2, col. 7 line 6) extending circumferentially around the rotary shank (Figs. 1 and 2, col. 7 line 6), and a housing portion (of 76) is capable of receiving two fasteners (ends of “C-shaped clip 82” disclosed in col. 7 line 4) such that the two fasteners are at least partially received within the groove to prevent translation of the rotary socket about the first axis (Fig. 1, col. 7 line 4-9); wherein the housing portion comprises a slot (slot of col. 7 line 5, Fig. 1, col. 7 line 5) for receiving the two fasteners (Fig. 1, col. 7 lines 4-9).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the elongated housing, rotary socket, and tool with the open tip of Fig. 12 as disclosed by the combination of Carrison, in an alternate embodiment, McGuire, and Cha to have a slot in the elongated housing, a groove in the rotary socket, and add a clip received by the groove and recess as taught by McGuire in order to prevent axial movement of the socket while allowing the socket to rotate within the housing (McGuire Fig. 1, col. 7 line 4-9).
Conclusion
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/AMY R SIPP/Primary Examiner, Art Unit 3775
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