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
Claims 1, 2, 5, 9-17 are currently pending. Claims 9-17 remain withdrawn. Claim 1 has been amended.
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, 2, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flitter (“Techniques of Intracranial Pressure Monitoring” – 1981).
Regarding claim 1, Flitter teaches a cranial plug assembly (Fig. 31.7), comprising:
an intracranial monitoring device (Fig. 31.7 (A)) including a head and a probe extending from the head (see annotated Fig. 31.7), the head includes a housing in which electronic components are housed and the probe extends from the housing of the head (The caption states that (A) has a pressure transducer and telemetry packages, indicating electronic components are included.); and
a cranial plug housing separate and distinct from the intracranial monitoring device (Fig. 31.7 (B) and (C)), the cranial plug housing including a first end, a second end, a first lateral side, a second lateral side, an upper surface, a lower surface, and a recessed surface defining an intracranial monitoring device recess formed along the upper surface of the cranial plug housing (see annotated Fig. 31.7), the intracranial monitoring device recess comprises a recessed surface formed along the upper surface of the cranial plug housing, the recessed surface comprises a cylindrical interior wall extending downwardly from the upper surface (The inside of (B) is a cylindrical interior) and a base wall, wherein the base wall defines a ledge upon which the intracranial monitoring device sits when positioned within the intracranial monitoring device recess (The bottom of the recessed surface includes a ledge, as seen in Fig. 31.7.), the intracranial monitoring device recess is shaped and dimensioned for positioning of the head of the intracranial monitoring device therein and the intracranial monitoring device recess is provided with a central access hole extending from the intracranial monitoring device recess to the lower surface of the cranial plug housing ((A) is inserted into (B) and (C), as seen in Fig. 31.7.), wherein the probe is selectively passed through the central access hole to a desired position within the brain when the head of the intracranial monitoring device is positioned within the intracranial monitoring device recess (The probe of (A) is passed through the central access hole to be positioned near the brain.).
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Regarding claim 2, Flitter teaches wherein the intracranial monitoring device is a wireless intracranial monitoring device (Pages 556-557; “The device does require a radio frequency antenna positioned on the scalp overlying the transducer for purposes of energizing the implanted portion of the system. The readout module may be several meters distant from the patient.”).
Regarding claim 5, Flitter teaches wherein the lower surface is provided with a projection shaped and dimensioned to fit within a cranial hole (Fig. 31.7 shows that the lower surface has a projection shape and fits within a cranial hole.).
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, and 5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 AURELIE H TU whose telephone number is (571)272-8465. The examiner can normally be reached [M-F] 7:30-3:30.
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/AURELIE H TU/ Primary Examiner, Art Unit 3791