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
As of the reply filed 1/15/2026, claims 1-2, 4, 6-7, 13-15, 19-21, and 23 are pending. Claims 1 and 19 have been amended.
Response to Arguments
Applicant's arguments filed 1/15/2026 have been fully considered but they are not persuasive.
With respect to Applicant’s argument that “It does not appear that the cited reference discloses such a device [as is presented in the amended claims]” (see page 6 of Remarks), the Examiner respectfully disagrees. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Regarding claims 1 and 19, Tillim et al. continues to read on the amended claim language of: “the first connector contacting portion having an open portion and a closed portion disposed opposite the open portion” and “the closed portion is disposed between the open portion and the handle portion”. The upper end of the recess is an “open portion” because it is the distal free end, the lower end of the recess which connects to the handles is a “closed portion” because it is not the free end (see annotated Fig. 12A below) and is proximally anchored to the handles. The open portion is “opposite” the closed portion here because the open portion is located in a linear distal direction and is opposite to the closed portion with respect to a horizontal axis between the two portions. Additionally, under this interpretation, the open portion is distal to the closed portion such that the closed portion is disposed between the open portion and the handle portion.
PNG
media_image1.png
257
486
media_image1.png
Greyscale
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4, 6-7, 13-15, 19-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Tillim et al. (PGPub US 2004/0088827 A1) in view of an alternate embodiment of the Tillim et al. disclosure.
With respect to claim 1, Tillim et al. discloses an apparatus (see Fig. 12A), comprising:
a handle portion (500T1) having a first portion (550T1) and a second portion (510T1);
a distal end (710T1) disposed opposite the handle portion (500T1), the distal end (710T1) having a first connector contacting portion and a second connector contacting portion (see both 720T1 faces), the first connector contacting portion (720T1) being configured to move with respect to the second connector contacting portion (720T1 are configured to move inward towards each other when 500T1 is squeezed), the distal end (710T1) being configured to be disposed in a first configuration and a second configuration (710T1 is configured to be opened or closed), the first connector contacting portion (720T1) being disposed a first distance from the second connector contacting portion (720T1) when the distal end is in the first configuration (when 500T1 is squeezed 720T1 are more clamped down towards each other), the first connector contacting portion (720T1) being disposed a second distance from the second connector contacting portion (720T1) when the distal end (710T1) is in the second configuration (see Fig. 12A), the second distance being greater than the first distance (see Fig. 12A, this distance is greater compared to when 500T1 is squeezed and 720T1 is clamped down partially), the first connector contacting portion (720T1) having an open portion and a closed portion disposed opposite the open portion (see annotated Fig. 12A below, the upper end of the recess is the open portion because it is the distal free end, on the open end of the connecting portions, and the lower end of the recess which connects to the handles is the closed portion because it is not the free end and is located on a closed root end of the connecting portion, these portions are opposite one another in a vertical direction), the first connector contacting portion (720T1) being disposed at a distal tip of the distal end and extending towards the handle portion (720T1 extends proximally from the distal end of the device towards the handle portion 500T1 since it has a longitudinal length) such that the closed portion is disposed between the open portion and the handle portion (see annotated Fig. 12A below, the closed portion is between the open portion and the handle portion); and
a biasing member (660T1) configured to bias the distal end (710T1) into the first configuration (660T1 biases the distal end into a more closed “at rest” configuration, the first configuration, that has a smaller distance between the connector portions than when the handles are pulled apart into the second configuration, PP [0017]: “Such handles provide a hand to squeeze one member toward another member to apply force to a working end”), the biasing member (660T1) including a spring having a coiled portion (660T1 is a spring with a coiled portion, see PP [0123]) defining a lumen (see lumen through coiled portion) extending along a biasing axis (see annotation below, the coiled portion extends coaxially with the axis as drawn, which can be considered to be a biasing axis since the handle is biased open along that axis), the biasing axis (see annotation below) intersecting the first portion of the handle portion (550T1) and the second portion of the handle portion (510T1, see annotation below, the axis runs in a straight line and intersects both 550T1 and 510T1), the biasing axis (see annotation below, the biasing axis bisects the coil of the spring 660T1) extending parallel to the movement axis (an axis bisecting 710T1 and 720T1 such that articulation of the device moves 710T1 and 720T1 along the movement axis, which is parallel to the biasing axis, see annotation below).
PNG
media_image2.png
478
513
media_image2.png
Greyscale
PNG
media_image3.png
467
515
media_image3.png
Greyscale
PNG
media_image1.png
257
486
media_image1.png
Greyscale
However, the embodiment of Fig. 12A fails to disclose wherein the coiled portion of the spring has a plurality of coils since the coiled portion only has one coil.
Tillim et al. further teaches, in the embodiment of Fig. 10E, a biasing member (640e in Fig. 10E) comprising a coiled portion having a plurality of coils (640e is a coil spring with multiple coils).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the embodiment of Fig. 12A according to the teachings of the Fig. 10E embodiment such that the coiled portion of the spring has a plurality of coils. One of ordinary skill in the art would have been motivated to perform this modification because doing so would have been a simple substitution of coils that would have yielded predictable results, since the coil spring 640e of Fig. 10E performs the same biasing function as the spring 660T1 of Fig. 12A. Modifying Tillim et al. using its own teachings would not change the principle of operation of the device. Furthermore, Tillim et al. explicitly states that “The parallel handle system of the present invention can be used for a variety of surgical instruments, pliers and a variety of tools and instruments” (PP [0017]), highlighting the compatibility of these embodiments with one another (see MPEP 2143).
Regarding claim 2, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the biasing member (660T1 in Fig. 12A, see also 640e in Fig. 10E) is disposed between the first portion of the handle portion (550T1) and the second portion of the handle portion (510T1).
Regarding claim 4, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the spring (660T1 in Fig. 12a, see also 640e in Fig. 10E) is configured to engage the first portion of the handle portion (550T1) and the second portion of the handle portion (510T1).
Regarding claim 6, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the first portion of the handle portion (550T1 in Fig. 12A) is configured to move with respect to the second portion of the handle portion (550T1, the handles move inward towards each other when squeezed).
Regarding claim 7, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the first portion of the handle portion (550T1 in Fig. 12A) is configured to move towards the second portion of the handle portion (510T1) to place the distal end (710T1) in the second configuration (Fig. 12A is the most open configuration but the handle can be squeezed slightly to move 710T1 together into a second configuration that is further apart compared to the first configuration).
Regarding claim 13, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the first portion of the handle portion (550T1 in Fig. 12A) includes a projection portion (left shaft part of top 580T1), the second portion of the handle portion (510T1) includes a receiving portion (right shaft part of top 580T1) configured to receive the projection portion of the first portion of the handle portion (PP [0123]: “telescoping guide members 580T1”).
Regarding claim 14, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the first portion of the handle portion (550T1 in Fig. 12A) includes a projection portion (left shaft part of top 580T1), the second portion of the handle portion (510T1) includes a receiving portion (right shaft part of top 580T1) configured to receive the projection portion of the first portion of the handle portion (PP [0123]: “telescoping guide members 580T1”), the second portion of the handle portion (510T1) includes a projection portion (right shaft part of bottom 580T1), the first portion of the handle portion (550T1) includes a receiving portion (left shaft part of bottom 580T1) configured to receive the projection portion of the second portion of the handle portion (the receiving portion of the bottom 580T1 is configured to contact the projection portion therefore it is configured to receive it).
Regarding claim 15, Tillim et al. as modified by the embodiment of Fig. 10E further discloses wherein the first portion of the distal end (710T1 in Fig. 12A) includes a receiving portion (groove in 720T1) configured to receive a portion of a connector (the groove in 720T1 is configured to receive part of a connector).
Regarding claim 21, the embodiment of Fig. 12A in Tillim et al. further fails to disclose a second biasing member configured to bias the distal portion into the first configuration, since the embodiment of Fig. 12A only comprises a single biasing member.
However, in the same field of compressible handle arrangements, Fig. 10E of Tillim et al. teaches a similar device comprising first and second elongate members (560e and 530e) comprising corresponding receiving and projection portions (see telescoping device 630e which permits relative movement between 510e and 550e, see also PP [0078]) and first and second biasing members (640e) configured to bias the device into a first configuration (PP [0078]: “a coil spring 640e for control and biasing of the movement of the distal moving member 510e and proximal moving member 550e”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the Tillim et al. device using the teachings of the embodiment of Fig. 10E to include two biasing members. One of ordinary skill in the art would have been motivated to perform this modification because it is a simple substitution of biasing member arrangements which would have yielded predictable results, since Tillim et al. teaches that two coil springs can be functionally equivalent to a single biasing member and since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), see MPEP 2144.04 VI. B.).
With respect to claim 19, Tillim et al. discloses an apparatus (500E in Fig. 10E), comprising:
a first elongate member (510e) having a handle portion (530e) and a distal portion (514e), the first elongate member (510e) having a projection (630e);
a second elongate member (550e) having a handle portion (560e) and a distal portion (554e), the second elongate member (550e) having a receiving portion (580e1), the receiving portion (580e1) being configured to receive the projection (PP [0078]: “the guide member 580e1 and 580e2 each have a telescoping device 630e to permit relative movement of the proximal moving member 510e and the distal moving member 550e”), the second elongate member (550e) configured to move with respect to the first elongate member (510e); and
a biasing member (640e) disposed between the first elongate member and the second elongate member (510e and 550e, respectively), the biasing member (640e) including a spring having a coiled portion including a plurality of coils (see Fig. 10E, PP [0078]: “the telescoping device 630e can also include a coil spring 640e for control and biasing of the movement of the distal moving member 510e and proximal moving member 550e”), the coiled portion (640e) extending coaxially along a biasing member axis (640e extends coaxially along a biasing member axis), the biasing member axis intersecting the first portion of the handle portion and the second portion of the handle portion (640e is placed coaxially along a biasing axis defined by the length of 630e which intersects with both 510e and 550e), the biasing member axis being disposed parallel to a connection axis (an axis that bisects the distal portions 514e and 554e and runs parallel to the biasing axis reads on the claims).
However, the embodiment of Fig. 10E fails to explicitly disclose the distal end portion of the first elongate member having a distal end defining a recess and configured to engage a first tubular member, the recess having an open portion and a closed portion disposed opposite the open portion, the recess extending from the distal end towards the handle portion such that the closed portion is disposed between the open portion and the handle portion, and the distal end portion of the second elongate member having a distal end defining a recess configured to engage a second tubular connector, wherein the second elongate member is configured to move with respect to the first elongate member to engage a first tubular connector with a second tubular connector while the first tubular member and the second tubular member are disposed along a connection axis, since the embodiment of Fig. 10E lacks distal ends as claimed.
In an alternate embodiment, Tillim et al. teaches an apparatus (see Fig. 12A), comprising:
a handle portion (500T1) having a first elongate member (550T1) and a second elongate member (510T1);
the first elongate member (550T1) having a distal end (710T1) defining a recess (see unmarked recess in 710T1) and configured to engage a first tubular member (see MPEP 2112.01, this recess is configured to engage a first tubular member), the recess having an open portion and a closed portion disposed opposite the open portion (see annotated Fig. 12A below, the upper end of the recess is the open portion because it is the distal free end, on the open end of the connecting portions, and the lower end of the recess which connects to the handles is the closed portion because it is not the free end and is located on a closed root end of the connecting portion, these portions are opposite one another in a vertical direction), the recess extending from the distal end towards the handle portion (see Fig. 12A, the unmarked recess in 720T1 extends proximally from the distal end of the device since it has a longitudinal length) such that the closed portion is disposed between the open portion and the handle portion (see annotated Fig. 12A below, the closed portion is between the open portion and the handle portion), and
the second elongate member (510T1) having a distal end (710T1) defining a recess (see unmarked recess in 710T1) configured to engage a second tubular connector (this recess is configured to engage a second tubular member), wherein the second elongate member (510T1) is configured to move with respect to the first elongate member (550T1) to engage a first tubular connector with a second tubular connector while the first tubular member and the second tubular member are disposed along a connection axis (see Fig. 12A, when 510T1 and 550T1 are compressed 710T1 can come together to engage two tubular members held in their respective recesses, see annotated proposed combination of Figs. 10E and 12A below with connection axis bisecting the distal ends and running parallel to the biasing axis).
PNG
media_image1.png
257
486
media_image1.png
Greyscale
PNG
media_image4.png
385
433
media_image4.png
Greyscale
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the embodiment of Fig. 10E according to the teachings of the Fig. 12A embodiment to include distal ends configured to engage first and second tubular members. One of ordinary skill in the art would have been motivated to perform this modification because modifying Tillim et al. using its own teachings would not change the principle of operation of the device, and doing so would constitute the use of a known technique (multiple biasing springs as taught by Tillim et al.) to improve a similar device (the alternate embodiment of Tillim et al.) to yield predictable results, as the two springs in Fig. 10E would predictably achieve the same biasing function as is required in the handle architecture of the embodiment of Fig. 12A since the embodiment of Fig. 12A also has two handle portions with a spring extending therebetween. Furthermore, Tillim et al. explicitly states that “The parallel handle system of the present invention can be used for a variety of surgical instruments, pliers and a variety of tools and instruments” (PP [0017]), highlighting the compatibility of these embodiments with one another (see MPEP 2143).
Regarding claim 20, Tillim et al. as modified by its own teachings further discloses wherein the first elongate member (510e in Fig. 10E) is configured to move with respect to the second elongate member (550e) from a first configuration to a second configuration (the device 500e can be squeezed to allow the elongate members to move between at least two configurations, one biased further apart via 640e and one compressed together).
Regarding claim 23, Tillim et al. as modified by its own teachings further discloses a second biasing member (see second 640e in Fig. 10E) disposed between the first elongate member and the second elongate member (510e and 550e, respectively).
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 Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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, the examiner’s supervisor, Jackie Ho can be reached at (571) 272-4696. 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.
/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771