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 .
Response to Amendment
The Amendment filed 05/18/26 has been entered. Claims 8-9, 13, and 18 have been amended, claims 10 and 15 have been cancelled, and claims 18-22 remain withdrawn. Claims 8-9, 11-14, and 16-17 are addressed in the following office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 12-14, 16, & 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Concerning claims 12 and 17, applicant’s original disclosure fails to divulge “the angle is about 120 degrees”. Hence, the limitation is considered new matter.
Concerning claim 13, applicant’s original disclosure fails to divulge “such a width of the surgical blade is uniform across the proximal grip and the distal cutting end”. Hence, the limitation is considered new matter. Claims 14, 16, & 17 are rejected for the same reasons as claim 13 by virtue of dependency on claim 13.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 8-9, 11-14, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Briganti et al. (US 2012/0016397), cited in previous office action.
Regarding claim 8, an invention relating to an anatomic cutting device, Briganti discloses (Figs. 9B-C) a surgical cutting blade (770) comprising: a cutting arm (771) with a distal cutting end and a proximal end (see annotated figure below); and a handle arm (772) comprising: a rectangular body portion with a distal end (see annotated figure below); a triangular portion extending from the distal end of the rectangular body portion and narrowing on one side to a distal end of the taper portion (see annotated figure below); and the distal end of the taper portion attached to the proximal end of the cutting arm at an angle between 90 and 180 degrees (see annotated figure below), wherein: the cutting arm is more narrow than the handle arm [i.e. the blade is more narrow at the blade], the cutting arm and handle arm are flat (Fig. 9C), the handle arm is configured to be held by a hand, and the cutting arm is configured for insertion along a first channel in a guide member to cut only tissue in a gap of the guide member, and not tissue outside the gap of the guide member (Par. 0047).
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Regarding claim 9, Briganti discloses the cutting blade of claim 8. Briganti further discloses wherein the handle arm further comprises a rounded proximal end at a proximal end of the rectangular body portion (see annotated figure below).
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Regarding claim 11, Briganti discloses the cutting blade of claim 8. Briganti further discloses wherein the cutting blade comprises a retrograde knife (Abstract).
Regarding claim 12, Briganti discloses the cutting blade of claim 8. Briganti further discloses wherein the angle is about 120 degrees (Fig. 9B & Par. 0026).
Regarding claim 13, Briganti discloses (Figs. 9B-C) a surgical blade (770) comprising: a proximal grip (772) comprising a substantially straight proximal back side and a distal front side (see annotated figure below), the proximal grip configured to be held by a hand (Par. 0047); and a distal cutting end (771) attached to the proximal grip at an angle between 90 and 180 degrees (Fig. 9B), wherein: the proximal grip and distal cutting end are flat, such that a width of the surgical blade is uniform across the proximal grip and the distal cutting end (Fig. 9C), and the width of the distal cutting end is configured for insertion along a first channel in a guide member to cut only tissue in a gap of the guide member, and not tissue outside the gap of the guide member (Par. 0047), and a height of the proximal grip between the straight proximal back side and the distal front side gradually decreases from a maximum height in a proximal portion to a minimum height at the angle where the distal cutting end is attached (see annotated figure below).
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Regarding claim 14, Briganti discloses the surgical blade of claim 13. Briganti further discloses wherein the proximal grip further comprises a rounded proximal end (see annotated figure below).
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Regarding claim 16, Briganti discloses the surgical blade of claim 13. Briganti discloses further wherein the surgical blade comprises a retrograde knife (Abstract).
Regarding claim 17, Briganti discloses the surgical blade of claim 13. Briganti discloses wherein the angle is about 120 degrees (Fig. 9B & Par. 0026).
Response to Arguments
Applicant’s arguments, see pages 5-6, filed 05/18/26, with respect to claims 11 and 16 have been fully considered and are persuasive. The 35 USC § 112(a) rejection of claims 11 and 16 has been withdrawn.
Applicant’s arguments, see pages 6-7, with respect to claims 13-17 have been fully considered and are persuasive. The 35 USC § 112(b) rejection of claims 13-17 has been withdrawn.
Applicant's remaining arguments have been fully considered but they are not persuasive.
Applicant argues their original disclosure divulges “the angle is about 120 degrees” as detailed in claims 12 and 17, and “such a width of the surgical blade is uniform across the proximal grip and the distal cutting end” as detailed in claim 13. Examiner respectfully disagrees.
Applicant details that the argued claim limitations are supported by Figs. 10-12 and paragraphs [0006]-[0009], [0035]-[0037], and [0057]-[0059] of the original disclosure. However, the figures and paragraphs fail to provide the claimed limitations inherently and/or explicitly. Specifically, the original disclosure does not detail “the angle is 120 degrees” an/or “a uniform width”, therefore the limitations are still considered new matter.
Applicant argues previously cited prior art reference Briganti fails to disclose "a triangular portion extending from the distal end of the rectangular body portion and narrowing on one side to a distal end of the taper portion". Examiner respectfully disagrees.
Briganti discloses a triangular portion extending from the distal end of the rectangular body portion and narrowing on one side to a distal end of the taper portion (see annotated figure below).
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Also, applicant argues Briganti fails to disclose "a height of the proximal grip between the straight proximal back side and the distal front side gradually decreases from a maximum height in a proximal portion to a minimum height at the angle where the distal cutting end is attached". Examiner respectfully disagrees.
Briganti discloses a height of the proximal grip between the straight proximal back side and the distal front side gradually decreases from a maximum height in a proximal portion to a minimum height at the angle where the distal cutting end is attached (see annotated figure below).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 June 15, 2026
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