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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: first axis, second axis, third axis, and inclination angle.
Claim Objections
Claim 1 objected to because of the following informalities: “the tower assembly” should be “the traction tower assembly” in line 4. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “with a locking mechanism for selectively fixing the second tower component against displacement at the first tower component” should be “with a locking mechanism for selectively fixing the second tower component against displacement [[at]] of the first tower component” in line 8. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “the arm assembly” should be “the elongated arm assembly” in line 4. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “the elongate arm assembly” should be “the elongated arm assembly” in line 12. Appropriate correction is required.
Claim 1 objected to because of the following informalities: “the elongate arm” should be “the elongated arm assembly” in lines 14 and 15. Appropriate correction is required.
Claim 3 objected to because of the following informalities: “second axis” should be “the second axis” in line 1. Appropriate correction is required.
Claim 8 objected to because of the following informalities: “locking / unlocking” should be “locking [[/]] or unlocking” in line 2. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 3-14 are also rejected due to their dependency on claim 1.
Regarding claim 1, the limitation stated “allow one or both of (i) rotation of the elongate arm about a second axis inclined with respect to the first axis and (ii) rotation of the elongate arm about a third axis inclined with respect to the stand surface”; based on the language, Examiner can choose either (i) or (ii) or both. However, the rest of the dependent claims treat independent claim 1 as both (i) and (ii), which makes the independent claim and its dependent claims unclear because the second axis and third axis are interconnected in the dependent claims’ language. Examiner examined the independent claim and its dependent claims as best understood.
The term “substantially” in claim 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the limitation “wherein the first axis is substantially vertical” has been rendered indefinite.
The term “substantially” in claim 15 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the limitation “and wherein a geometry of the first and second angled arms and the angle of the second axis of rotation vis the first axis are selected such that a point where the traction scale attaches to the second angled arm remains substantially fixed in space for different rotational positions of the elongate arm assembly in relation to the second tower component and about the second axis” has been rendered indefinite. Examiner is also unsure what “vis” is for claim 15.
The term “near” in claim 15 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the limitation “a traction scale attached near or at a terminal end of the distal arm portion of the second angled arm” has been rendered indefinite.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price et al. (US 20070135748 A1).
Regarding claim 1, Price et a. discloses a traction tower assembly (10 – figure 1, an orthopedic traction tower system: paragraph 0016) for facilitating arthroscopic surgical procedures, radiographic procedures and other related medical procedures on a patient’s wrist (the traction tower assembly [10] is for use in surgery, fracture repair, and/or radiography; it can also be used for wrist surgery: paragraph 0013/0058), comprising: a base plate (18/22/23 – figure 1, an arm plate [18], a foundation [22], and stabilization fins [23]: paragraph 0020-0021) for supporting the tower assembly (10) on a stand surface (figure 1, the base plate [18/22/23] is on a surface that supports the entirety of the traction tower assembly [10] and prevents the traction tower assembly [10] from falling or tipping over: paragraph 0020-0021); a first tower component (A – see annotated figure 1, a first end portion of the tower arm: paragraph 0025) removably locked to the base plate (18/22/23) (see annotated figure 1/figure 2/figure 3, the first tower component [A] is removably locked to the arm plate [18] and foundation [22] of the base plate [18/22/23] via first [25a] and second pivot point [25b] that receives the first [46a] and second engagement portion [46b] of the first tower component [A], respectively: paragraph 0020-0021); a second tower component (B – see annotated figure 1, a middle portion of the tower arm: paragraph 0025) connected to the first tower component (A) for linear displacement along a first axis (C – see annotated figure 1, first axis [height/length]) (see annotated figure 1, the second tower component [B] is connected to the first tower component [A] and the second tower component [B] can be linearly displaced [adjusted in height/length {C}] relative to the first tower component [A]: paragraph 0028), with a locking mechanism (36 – figure 2, a plurality of securing mechanism: paragraph 0028) for selectively fixing the second tower component (B) against displacement at the first tower component (A) (see annotated figure 1/figure 2, the locking mechanism [36] is configured to fix the position of the second tower component [B] relative to the first tower component [A]: paragraph 0028); an elongated arm assembly (D – see annotated figure 1, an elongated arm assembly) attached to and extending from the second tower component (B) (see annotated figure 1, the elongated arm assembly [D] is attached to the second tower component [B] and extends from the second tower component [B] via locking mechanism [36]: paragraph 0028), the arm assembly (D) having a distal terminal end (44a – figure 1, a finger trap assembly: paragraph 0034) for supporting a patient’s hand at the traction tower assembly (10) (figure 1, the distal terminal end [44a] secures the distal end of a patient’s arm [hand/fingers]: paragraph 0034); and a rotation joint (38 – figure 2, an adjustable joint: paragraph 0029) interfacing a proximal terminal end of the elongate arm assembly (E – see annotated figure 1, proximal terminal end of the elongate arm assembly) with the second tower component (B) (see annotated figure 1, the rotation joint [38] interfaces with the proximal terminal end of the elongate arm assembly [E] via the second middle portion [15b – figure 2] of the second tower component [B] that receives the elongate arm assembly [E]: paragraph 0029), the rotation joint (38) configured to allow one or both of (i) rotation of the elongate arm (D) about a second axis (HA2 – figure 2, a second axis: paragraph 0029-0030) inclined with respect to the first axis (C) (see annotated figure 1/figure 2/figure 7/figure 8, the rotation joint [38] allows pivotal motion about the second axis [HA2] inclined with respect to the first axis [C]; therefore, the rotation joint [38] allows a user to adjust the position of the elongated arm [D] pivotally or angularly relative to the first tower component [A]: paragraph 0029-0030) and (ii) rotation of the elongate arm (D) about a third axis (VA – figure 2, a third axis: paragraph 0016) inclined with respect to the stand surface (figure 1, the third axis [VA] is at an angle with respect to the stand surface [surface the base plate {18/22/23} is on]).
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Annotated figure 1: apparatus of Price et al.
Regarding claim 2, Price et al. discloses the invention as discussed in claim 1. Price et al. further discloses wherein the stand surface locates in a horizontal plane (figure 1, the base plate [18/22/23] is on a flat surface, which is in the horizontal plane: paragraph 0020-0021) wherein the first axis (C) is substantially vertical (see annotated figure 1, the first axis [C] is vertical [height/length]), and wherein an inclination angle of the second axis (HA2) with respect to the first axis (C) is the same as an inclination angle of the third axis (HA) with respect to the horizontal plane (figure 1, the inclination angle of the second axis [HA2] with respect to the first axis [C] can be the same as the inclination angle of the third axis [VA] with respect to the horizonal plane; both inclination angles are perpendicular: paragraph 0029/0038).
Regarding claim 3, Price et al. discloses the invention as discussed in claim 2. Price et al. further discloses wherein second axis (HA2) and the third axis (VA) extend perpendicular to one another (figure 1, the second axis [HA2] is horizontal while the third axis [VA] is vertical; they extend perpendicular to one another).
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 4 contains allowable subject matter because the prior art fails to disclose, either singly or
in combination, the limitations of the claim. The closest prior art made of record was Price et al. (US 20070135748 A1).
Price et al. discloses wherein the rotation joint (38) comprises a head (F – see annotated figure 2, a head of the rotation joint) having a bottom surface (G – see annotated figure 2, a bottom surface of the rotation joint), a top surface (H – see annotated figure 2, a top surface of the rotation joint) and a side surface (I – see annotated figure 2, a side surface of the rotation joint).
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Annotated figure 2: rotation joint of Price et al.
However, none of the relevant prior art discloses wherein the bottom surface is positioned on a top surface of the second tower component that extends parallel to the bottom surface, and wherein the proximal terminal end of the elongate arm is positioned through the side surface of the head.
Therefore, claim 4 is allowable once the 35 U.S.C 112(b) rejection has been resolved.
Claims 5-14 contains allowable subject matter based on its dependency on claim 4.
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 ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
