Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 21, 25, 27-29, 32, 41, 44-47, and 49 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Piskun et al. (Pub. No. US 2008/0255519 A1).
Regarding claim 21, Piskun et al. discloses a surgical device 50 (figure 4), comprising: a distal portion 54 of a surgical access device 52 configured to be positioned in tissue to provide access through the tissue into a patient (figure 4); and a proximal portion (illustrated in figure 4) of the surgical access device, the proximal portion including a first surgical access port 70 located at a proximal top of the proximal portion of the surgical access device and configured to receive a first surgical instrument therethrough and form a first seal therearound (figure 4; paragraph 0102), and the proximal portion including a second surgical access port 74 (illustrated in figure 4) located at a side of the proximal portion of the surgical access device and configured to receive a second surgical instrument therethrough and form a second seal therearound (figure 4; paragraph 0102), wherein the first surgical access port 70 is configured to move relative to the distal portion of the surgical access device with the second surgical access port 74 staying in a fixed radial position relative to the distal portion of the surgical access device (figures 4 and 5- the base 68 rotates within base 62, so port 70 is configured to move while port 74 stays in a fixed radial position).
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Regarding claim 25, the first surgical access port 70 is configured to rotate about a longitudinal axis thereof (the axis of the element 68) relative to the second surgical access port and the distal portion of the surgical access device such that the first surgical access port 70 moves relative to the distal portion of the surgical access device (figure 4; paragraph 0106).
Regarding claim 27, the second surgical access port 74 is configured to rotate relative to the distal portion of the surgical access device (paragraph 0105).
Regarding claim 28, the proximal portion of the surgical access device comprises a first base 68 and a second base 62; the first surgical access port 70 is in the first base; and the second surgical access port 74 is in the second base 62 (figures 4 and 5).
Regarding claim 29, the first base 68 is configured to rotate relative to the second base 62 and the distal portion 54 of the surgical access device such that the first surgical access port 70 moves relative to the distal portion of the surgical access device (paragraphs 0105, 0106, figures 4 and 5).
Regarding claim 32, the proximal portion of the surgical access device is removably and replaceably coupled to the distal portion of the surgical access device (the proximal portion is considered the plates 62, 68, which are removably and replaceably coupled to the distal portion, figure 4).
Regarding claim 41, Piskun et al. discloses a surgical device (figure 4), comprising: a distal portion 52 of a surgical access device configured to be positioned in a tissue to provide access into a patient; and a proximal portion of the surgical access device (illustrated in figure 4), the proximal portion including at least a first surgical access port 70 and a second surgical access port 72 (figure 4), wherein the first surgical access port 70 is located at a proximal top of the proximal portion of the surgical access device and configured to receive a first surgical instrument therethrough and form a first seal therearound (paragraph 0102; figure 4), and wherein the second surgical access port 74 located at a circumferential position of the proximal portion of the surgical access device and configured to receive a second surgical instrument therethrough and form a second seal therearound (figure 4, paragraph 0102), wherein the first surgical access port 70 is configured to move relative to the distal portion of the surgical access device with the second surgical access port 74 staying in a fixed radial position relative to the distal portion of the surgical access device (figure 4; paragraphs 0105 and 0106).
Regarding claim 44, the first surgical access port 70 is configured to rotate about a longitudinal axis thereof (the axis of the element 68) relative to the second surgical access port and the distal portion of the surgical access device such that the first surgical access port 70 moves relative to the distal portion of the surgical access device (figure 4; paragraph 0106).
Regarding claim 45, the second surgical access port 74 is configured to rotate relative to the distal portion of the surgical access device (paragraph 0105).
Regarding claim 46, the proximal portion of the surgical access device comprises a first base 68 and a second base 62; the first surgical access port 70 is in the first base; and the second surgical access port 74 is in the second base 62 (figures 4 and 5).
Regarding claim 47, the first base 68 is configured to rotate relative to the second base 62 and the distal portion 54 of the surgical access device such that the first surgical access port 70 moves relative to the distal portion of the surgical access device (paragraphs 0105, 0106, figures 4 and 5).
Regarding claim 49, the proximal portion of the surgical access device is removably and replaceably coupled to the distal portion of the surgical access device (the proximal portion is considered the plates 62, 68, which are removably and replaceably coupled to the distal portion, figure 4).
Response to Arguments
Applicant's arguments filed 3/30/2026 have been fully considered but they are not persuasive. Applicant argues that Piskun teaches rotation of plate 62 relative to the body, which causes radial movement of port 74 relative to the distal portion. However, the office respectfully disagrees. While the plate 62 can rotate relative to the body of the trocar, thereby causing radial movement of port 74 relative to the distal portion, it can also be fixed “rigidly secured to cylindrical insert portion 54” (applicant’s arguments, page 1), thereby rigidly fixing port 74 relative to the distal portion. Additionally, the claim limitation does not require that the second port 74 isn’t capable of moving. It only requires that “the first surgical access port is configured to move relative to the distal portion of the surgical access device with the second surgical access port staying in a fixed radial position”. The office interprets this to mean that while the second surgical access port it in a fixed radial position (for example, by being held by a user in a fixed position), the first surgical access port can still move. Therefore, Piskun meets the claimed limitations because the first surgical access port 72 can move while second surgical access port is maintained in its position.
Conclusion
THIS ACTION IS MADE FINAL. 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 Lynnsy Summitt whose telephone number is (571)270-78567856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYNNSY M SUMMITT/Primary Examiner, Art Unit 3773
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