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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/13/2026 has been entered.
Response to Amendment
The Amendment filed 2/13/2026 has been entered. Claims 1, 8-11, 15-18, 22, 23, 26 and 31-33 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed 11/18/2025.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) and further in view of Jamshidi (US 3,630,192).
Regarding claim 1, Lee discloses a minimally traumatic trocar apparatus (figures 1-5) for delivering one or more medication pellet h, h’ to a subcutaneous insertion site, the minimally traumatic trocar apparatus comprising:
a cannula “a”, “a’” including a tubular cannula body (body of element a, a’), an anterior end (see “ant” in figure 2 below), a posterior end (see “pos” in figure 2 below), and a medication slot “g”, “g’”, wherein the anterior end (see “ant” in figure 2 below) includes an anterior opening (an opening through which element “e”, “e’” comes out from “ant” in figure 2 below) and a surface (surface of element “ant”), wherein the medication slot disposed along the tubular cannula body (body of element a, a’);
an obturator “c”, “c’” that includes an anterior rounded tip “e”, “e’” and a tubular obturator body (body of element c, c’); and
wherein the obturator c, c’ extends through the tubular cannula body (body of element a, a’) so that the anterior rounded tip e, e’ of the obturator c, c’ extends through the anterior opening of the tubular cannula body.
Lee is silent regarding a surface being a blunt surface.
However, Harmon teaches a design of implanting articles under skin comprising a surface being a blunt surface (surface of element 60 has a bevel face which can be construed as a blunt surface) for the purpose of using a tip that enables the implanting the medication pellet under the skin when desired (column 2, lines 27-30) and using a material that imparts sufficient stiffness to push the medication pellet (column 4, lines 4-21) and to use the well-known material for designing the obturator.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the surface of the obturator of Lee to incorporate a surface being a blunt surface as taught by Harmon for the purpose of using a tip that enables the implanting the medication pellet under the skin when desired (column 2, lines 27-30) and using a material that imparts sufficient stiffness to push the medication pellet (column 4, lines 4-21) and to use the well-known material for designing the obturator.
Lee is further silent regarding wherein the posterior end of the cannula includes a first coupling element disposed along a posterior portion of the tubular cannula body, and the obturator includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab; and wherein the notch interfaces with the tab so that the tab abuts the notch the obturator and the cannula rotate as a single unit at the subcutaneous insertion site.
However, Jamshidi teaches a design of in instrument (figure 1) for internal organ biopsy wherein the posterior end 22 of the cannula 12 includes a first coupling element (channels in element 22) disposed along a posterior portion (portion of element 12 comprising element 22) of the tubular cannula body (body of element 12), and the obturator 13 (figure 4) includes a second coupling element 43, wherein the first coupling element (channels in element 22) includes a notch (channels in element 22 can be construed as a notch), and the second coupling element includes a tab 43, wherein the notch interfaces with the tab 43 so that the tab abuts the notch the obturator and the cannula rotate as a single unit (when connected, elements 12 and 13 could be used as a single unit and be rotated as well) at the subcutaneous insertion site for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the cannula and the plastic obturator of modified Lee to incorporate the posterior end of the cannula includes a first coupling element disposed along a posterior portion of the tubular body, and the plastic obturator includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab, wherein the notch interfaces with the tab so that the tab abuts the notch the obturator and the cannula rotate as a single unit at the subcutaneous insertion site as taught by Jamshidi for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
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Regarding claim 10, Lee discloses wherein the cannula “a”, “a’” includes a cannula handle “b”, “b,” fixedly coupled to the tubular cannula body; and the obturator “c”, “c’” includes an obturator handle “d”, “d’” fixedly coupled to the tubular obturator body.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) in view of Jamshidi (US 3,630,192) and further in view of Crawford et al. (US 2008/0154304 A1).
Regarding claim 8, Lee/Harmon/Jamshidi (hereinafter referred as “modified Lee”) discloses the claimed invention substantially as claimed, as set forth above in claim 1. Modified Lee is silent regarding wherein the tubular cannula body includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm, and the obturator includes an outer diameter of at least 3 mm.
However, Crawford teaches a design of a trocar assembly (figure 1) wherein the tubular cannula body 12 includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm (paragraph 0044), and the obturator 30 includes an outer diameter of at least 3 mm (paragraph 0044) for the purpose of using an appropriate diameter of the cannula and obturator necessary for accessing specific types of tissues or bones and to delivering the biological agent into the patient’s body (paragraph 0061, lines 1-5).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the diameters of the cannula and obturator of modified Lee to incorporate wherein the tubular cannula body includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm, and the obturator includes an outer diameter of at least 3 mm as taught by Crawford for the purpose of using an appropriate diameter of the cannula and obturator necessary for accessing specific types of tissues or bones and to delivering the biological agent into the patient’s body (paragraph 0061, lines 1-5).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) in view of Jamshidi (US 3,630,192) and further in view of Black et al. (US 6,095,967).
Regarding claim 9, modified Lee discloses the claimed invention substantially as claimed, as set forth above in claim 1. Modified Lee is silent regarding wherein the tubular obturator body includes at least one medication marking.
However, Black teaches a design of an isotope seeding system (figure 2) wherein the tubular obturator body (body of element 26) includes at least one medication marking 33 for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the tubular obturator body of modified Lee to incorporate wherein the tubular obturator body includes at least one medication marking as taught by Black for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Claims 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Aebischer et al. (US 5,487,739) in view of Muir (US 1,789,766) and further in view of Jamshidi (US 3,630,192).
Regarding claim 11, Aebischer discloses a method (figures 1A-1G) for delivering a medication pellet 42 through an incision to a subcutaneous tissue (see figures 1A-1G) comprising:
receiving an obturator 30 in a cannula 20, wherein the obturator includes an anterior rounded tip (“Blunt obturator” in figure 1A) and a tubular obturator body (body of element 30), wherein the cannula 20 includes a tubular cannula body (body of element 20), an anterior end 20b, a posterior end 20a, and a medication slot (hollow portion inside element 20 that receives element 42 as shown in figure 1D), wherein the anterior end 20b includes an anterior opening (opening through which element 42 exits) and a blunt surface (column 7, lines 59-62),
passing the obturator 30 through the tubular cannula body (body of element 20) so that the anterior rounded tip of the obturator extends through the anterior opening of the tubular cannula body and past the anterior end of the tubular cannula body (see fig 1E, column 8, lines 48-51, where element 32 extends past the anterior end of the tubular cannula body);
probing, with the cannula and the obturator, the incision into the subcutaneous tissue along an insertion path within the subcutaneous tissue up to an insertion length (see figure 1A where insertion path is the path along which the incision is made and insertion length is the length of insertion of element 20);
removing (column 8, lines 22-23) the obturator 30 from the tubular cannula body 20;
placing (column 8, lines 28-29) the medication pellet 42 in the medication slot;
receiving (column 8, lines 45-50), by the tubular cannula body having the medication pellet therein, the obturator 30; and
passing, by the anterior rounded tip of the obturator, the medication pellet through the tubular cannula body so that the obturator pushes the medication pellet 42 through the tubular cannula body (figure 1E), the medication pellet 42 exits the anterior opening of the tubular cannula body, and the medication pellet enters the subcutaneous tissue.
Aebischer is regarding wherein the medication slot disposed along the tubular cannula body.
However, Muir teaches a design of an applicator (figure 1) wherein the medication slot 18 disposed along the tubular body (body of element 1) for the purpose of allowing multiple pellet insertion at different location without complete withdrawal of obturator (page 3, lines 45-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art to modify the medication slot placement of Aebischer to incorporate wherein the medication slot disposed along the tubular cannula body as taught by Muir for the purpose of allowing multiple pellet insertion at different location without complete withdrawal of obturator (page 3, lines 45-61).
Aebischer is further silent regarding wherein the posterior end of the tubular cannula body includes a first coupling element, and the tubular obturator body includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab; interfacing the notch with the tab; and enabling the obturator and the cannula to rotate as a single unit at the incision.
However, Jamshidi teaches a design of instrument (figure 1) for internal organ biopsy wherein the posterior end 22 of the tubular cannula body (body of element 12) includes a first coupling element (channels in element 22), and the tubular obturator body (body of element 13 in figure 4) includes a second coupling element 43, wherein the first coupling element (channels in element 22) includes a notch (channels in element 22 can be construed as a notch), and the second coupling element includes a tab 43; interfacing (column 4, lines 14-22, column 3, lines 35-40) the notch (channels in element 22) with the tab 43; and enabling (column 4, lines 14-22, column 3, lines 35-40) the obturator and the cannula to rotate as a single unit at the incision for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the cannula and the plastic obturator of modified Aebischer to incorporate wherein the posterior end of the tubular cannula body includes a first coupling element, and the tubular obturator body includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab; interfacing the notch with the tab; and enabling the obturator and the cannula to rotate as a single unit at the incision as taught by Jamshidi for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
Regarding claim 16, Aebischer discloses further including probing, with the cannula and the obturator 30, along a linear insertion path (path along which element 20 is inserted).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Aebischer et al. (US 5,487,739) in view of Muir (US 1,789,766) in view of Jamshidi (US 3,630,192) and further in view of Cleveland (US 2016/0296739 A1).
Regarding claim 15, Aebischer/Muir/Jamshidi (hereinafter referred as “modified Aebischer”) discloses the claimed invention substantially as claimed, as set forth above in claim 11. Modified Aebischer is silent regarding further comprising probing, the cannula and obturator, along the insertion path in a side-to-side pattern.
However, Cleveland teaches a method of delivering multiple pellets (figures 5B-5F) wherein further comprising probing, the cannula 506 and obturator 508, along the insertion path in a side-to-side pattern (pattern along which element 506 is inserted to deliver elements 550, 552, 556, 554) for the purpose of delivering more localized delivery of the medication pellets with reduced tissue damage (paragraph 0032, lines 12-14).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method of modified Aebischer to incorporate further comprising probing, the cannula and obturator, along the insertion path in a side-to-side pattern as taught by Cleveland for the purpose of delivering more localized delivery of the medication pellets with reduced tissue damage (paragraph 0032, lines 12-14).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Aebischer et al. (US 5,487,739) in view of Muir (US 1,789,766) in view of Jamshidi (US 3,630,192) and further in view of Scribner et al. (US 2001/0034527 A1).
Regarding claim 18, modified Aebischer discloses the claimed invention substantially as claimed, as set forth above in claim 11. Modified Aebischer is silent regarding wherein the obturator further includes an extrusion portion and a metal portion.
However, Scribner teaches wherein the obturator (integrated structure formed by elements 28 and 60) further includes an extrusion portion and a metal portion (paragraph 0086, lines 1-2, paragraph 0070) for the purpose of using a well-known material for designing obturator (paragraph 0070, paragraph 0086, lines 1-2).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the obturator of Aebischer to incorporate wherein the obturator further includes an extrusion portion and a metal portion as taught by Scribner for the purpose of using a well-known material for designing obturator (paragraph 0070, paragraph 0086, lines 1-2).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Aebischer et al. (US 5,487,739) in view of Muir (US 1,789,766) in view of Jamshidi (US 3,630,192) and further in view of Black et al. (US 6,095,967).
Regarding claim 22, modified Aebischer discloses the claimed invention substantially as claimed, as set forth above in claim 11. Modified Aebischer is silent regarding wherein the tubular obturator body includes at least one medication marking.
However, Black teaches a design of an isotope seeding system (figure 2) wherein the tubular obturator body (body of element 26) includes at least one medication marking 33 for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the tubular obturator body of modified Aebischer to incorporate wherein the tubular obturator body includes at least one medication marking as taught by Black for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Claims 23, 26 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) in view of McKay (US 2009/0131908 A1) in view of Jamshidi (US 3,630,192) and further in view of Scribner et al. (US 2001/0034527 A1).
Regarding claim 23, Lee discloses a minimally traumatic trocar kit (figures 1-5) for delivering one or more medication pellets h, h’ to a subcutaneous insertion site, the minimally traumatic trocar kit (figures 1-5) comprising:
a cannula “a”, “a’” including a tubular cannula body (body of element a, a’), an anterior end (see “ant” in figure 2 above), a posterior end (see “pos” in figure 2 above), and a medication slot “g”, “g’”, wherein the anterior end (see “ant” in figure 2 above) includes an anterior opening (an opening through which element “e”, “e’” comes out from “ant” in figure 2 above) and a surface (surface of element “ant”), having the medication slot disposed along the tubular cannula body (body of element a, a’);
an obturator “c”, “c’” that includes an anterior rounded tip “e”, “e’” and a tubular obturator body (body of element c, c’); and
wherein the obturator c, c’ extends through the tubular cannula body (body of element a, a’) so that the anterior rounded tip e, e’ of the obturator c, c’ extends through the anterior opening of the tubular cannula body.
Lee is silent regarding a surface being a blunt surface.
However, Harmon teaches a design of implanting articles under skin comprising a surface being a blunt surface (surface of element 60 has a bevel face which can be construed as a blunt surface) for the purpose of using a tip that enables the implanting the medication pellet under the skin when desired (column 2, lines 27-30).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the surface of the obturator of Lee to incorporate a surface being a blunt surface and an obturator being a plastic obturator as taught by Harmon for the purpose of using a tip that enables the implanting the medication pellet under the skin when desired (column 2, lines 27-30).
Lee is further silent regarding an outer package including the cannula and the obturator.
However, Scribner teaches a design of a medical instrument kit (figure 1) comprising an outer package 12 including the cannula 30 and the obturator 28 for the purpose of packing the cannula and obturator to maintain the sterility (paragraph 0061).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the kit of Lee to incorporate an outer package including the cannula and the obturator as taught by Scribner for the purpose of packing the cannula and obturator to maintain the sterility (paragraph 0061). Scribner also further discloses inclusion of different medical instruments into the kit. However, Lee and Scribner are silent regarding inclusion of a scalpel into the outer package.
However, McKay teaches a design of a device for delivering drug to a site beneath the skin wherein the kit comprises scalpel (paragraph 0003, lines 4-6) for the purpose of performing an incision in the skin when needed due to medical procedure (paragraph 0003, lines 4-6).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the kit of Lee to incorporate a scalpel as taught by McKay for the purpose of performing an incision in the skin when needed due to medical procedure (paragraph 0003, lines 4-6).
Lee modified in view of McKay and further teachings from Scribner will result in a modified kit comprising an outer package including the cannula and the obturator and a scalpel.
Lee is further silent regarding wherein the posterior end of the cannula includes a first coupling element disposed along a posterior portion of the tubular cannula body, and the obturator includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab; and wherein the notch interfaces with the tab so that the tab abuts the notch the obturator and the cannula rotate as a single unit at the subcutaneous insertion site.
However, Jamshidi teaches a design of in instrument (figure 1) for internal organ biopsy wherein the posterior end 22 of the cannula 12 includes a first coupling element (channels in element 22) disposed along a posterior portion (portion of element 12 comprising element 22) of the tubular cannula body (body of element 12), and the obturator 13 (figure 4) includes a second coupling element 43, wherein the first coupling element (channels in element 22) includes a notch (channels in element 22 can be construed as a notch), and the second coupling element includes a tab 43, wherein the notch interfaces with the tab 43 so that the tab abuts the notch the obturator and the cannula rotate as a single unit (when connected, elements 12 and 13 could be used as a single unit) at the subcutaneous insertion site for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the cannula and the plastic obturator of modified Lee to incorporate the posterior end of the cannula includes a first coupling element disposed along a posterior portion of the tubular body, and the plastic obturator includes a second coupling element, wherein the first coupling element includes a notch, and the second coupling element includes a tab, wherein the notch interfaces with the tab so that the tab abuts the notch the obturator and the cannula rotate as a single unit at the subcutaneous insertion site as taught by Jamshidi for the purpose of firmly securing and adhering the obturator and the cannula when needed while performing the medical procedure (column 3, lines 35-37).
Regarding claim 26, Lee is silent regarding wherein the obturator further includes an extrusion portion and a metal portion.
However, Scribner teaches wherein the obturator (integrated structure formed by elements 28 and 60) further includes an extrusion portion and a metal portion (paragraph 0086, lines 1-2, paragraph 0070) for the purpose of using a well-known material for designing obturator (paragraph 0070, paragraph 0086, lines 1-2).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the obturator of Lee to incorporate wherein the obturator further includes an extrusion portion and a metal portion as taught by Scribner for the purpose of using a well-known material for designing obturator (paragraph 0070, paragraph 0086, lines 1-2).
Regarding claim 33, Lee discloses wherein the cannula “a”, “a’” includes a cannula handle “b”, “b,” fixedly coupled to the tubular cannula body; and the obturator “c”, “c’” includes an obturator handle “d”, “d’” fixedly coupled to the tubular obturator body.
Claim(s) 31 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) in view of McKay (US 2009/0131908 A1) in view of Jamshidi (US 3,630,192) in view of Scribner et al. (US 2001/0034527 A1) and further in view of Crawford et al. (US 2008/0154304 A1).
Regarding claim 31, Lee/Harmon/McKay/Jamshidi/Scribner (hereinafter referred as “modified lee ‘7”) discloses the claimed invention substantially as claimed, as set forth above in claim 23. Modified Lee ’7 is silent regarding wherein the tubular cannula body includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm, and the plastic obturator includes an outer diameter of at least 3 mm.
However, Crawford teaches a design of a trocar assembly (figure 1) wherein the tubular cannula body 12 includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm (paragraph 0044), and the obturator 30 includes an outer diameter of at least 3 mm (paragraph 0044) for the purpose of using an appropriate diameter of the cannula and obturator necessary for accessing specific types of tissues or bones and to delivering the biological agent into the patient’s body (paragraph 0061, lines 1-5).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the diameters of the cannula and obturator of modified Lee ’7 to incorporate wherein the tubular cannula body includes an outer diameter of at least 3.5 mm and an inner diameter of at least 3 mm, and the plastic obturator includes an outer diameter of at least 3 mm as taught by Crawford for the purpose of using an appropriate diameter of the cannula and obturator necessary for accessing specific types of tissues or bones and to delivering the biological agent into the patient’s body (paragraph 0061, lines 1-5).
Lee in view of Harmon discloses the obturator being a plastic obturator as explained in rejection of claim 23.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 401,787) in view of Harmon (US 5,772,671) in view of McKay (US 2009/0131908 A1) in view of Jamshidi (US 3,630,192) in view of Scribner et al. (US 2001/0034527 A1) and further in view of Black et al. (US 6,095,967).
Regarding claim 32, modified Lee ‘7 discloses the claimed invention substantially as claimed, as set forth above in claim 23. Modified Lee ’7 is silent regarding wherein the tubular obturator body includes at least one medication marking.
However, Black teaches a design of an isotope seeding system (figure 2) wherein the tubular obturator body (body of element 26) includes at least one medication marking 33 for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the tubular obturator body of modified Lee ’7 to incorporate wherein the tubular obturator body includes at least one medication marking as taught by Black for the purpose of allowing surgeon to determine the location of the obturator at any point during the medical procedure (column 5, lines 46-51).
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 17 was indicated allowable in the Office Action mailed on 11/18/2025.
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered but they are not persuasive.
Applicant argues that examiner previously indicated claim 21 allowable and therefore, applicant has amended claims 1, 11 and 23 to include the recitation of rotating the obturator and the cannula together as a single unit. Thus, applicant requests to withdraw the rejection. Examiner respectfully disagrees. Claim 21 was previously indicating the method step of rotating the obturator and the cannula together as a single unit whereas claims 1, 11 and 23 are reciting the functional limitation indicating that the obturator and the cannula together is capable to be rotated as single unit. The prior art discloses all the limitations as claimed in claims 1, 11 and 23 and furthermore, the obturator and the cannula are capable to be rotated together as a single unit. Thus, claims 1, 11 and 23 does not overcome the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILAY J SHAH whose telephone number is (571)272-9689. The examiner can normally be reached Monday-Thursday 8:00 AM-4:30 PM EST.
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/NILAY J SHAH/Primary Examiner, Art Unit 3783
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