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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C.
119(a)-(d) prior to declaration of an interference, a certified English translation of the
foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and
41.202(e).
Failure to provide a certified translation may result in no benefit being accorded
for the non-English application.
Response to Amendment
The amendment filed on 02/09/2026 has been entered. Claims 1, 4-10, 13-16, and 19-20 remain pending in the application.
Response to Arguments
Applicant’s arguments filed 02/09/2026 with respect to the 103 rejection of claims 1 and 10 over US 20120310332 A1 (--hereafter-- Murray) as amended have been fully considered and are not persuasive.
Regarding the argument that the amendments of claims 1 and 10 overcomes the prior art, the Examiner respectfully disagrees. Firstly, the new limitations raise issues of new matter and indefiniteness under 112(a) and 112(b). Therefore, these limitations are not deemed to put the claims in condition for allowance.
Secondly, the Murray reference is considered to meet the new requirements, as best understood. Murray discloses wherein the extruding body (91) is separated from the inclined groove (see inclined groove in Figure 6D below), the pressing body (88) is immediately pressed the protrusion to ensure that the internal thread of the mating member separates from the external thread of the screw (see pressing body (88) pressed upon the protrusion of the mating member in Figure 6D below), so as to provide a double insurance when separating the mating member from the screw (see paragraph [0053] denoting that Figure 6D is the unthreaded position, in which the mating member is not threadingly engaged with the threaded portion 60 of the screw). The limitation “so as to provide a double insurance when separating the mating member from the screw” is intended use, and has been considered but deemed not to impose any structural difference between the claimed invention and Murray’s device. Murray’s device is structured as claimed and is therefore capable of the claimed language of separating the mating member from the screw, having the “pressing body” pressed upon the protrusion of the mating member when the extruding body (91) is separated from the inclined groove (see Figure 6D below).
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Additionally, the argument that the objectives of Murray and the present application are the same, while the structures of Murray and the present invention for achieving above objectives are different, is not relevant in the scope of the claimed language. As shown below, the reference still reads on the claimed language, and therefore, the present application is still considered to be anticipated by Murray as shown below.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1, 4-10, 13-16, 10 and 20 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.
Regarding Claims 1 and 10, the newly added limitation “wherein the inclined groove arranged on the mating member such that when the extruding body completely separates from the inclined groove, the pressing body is immediately pressed the protrusion to ensure that the internal thread of the mating member separates from the external thread of the screw, so as to provide a double insurance when separating the mating member from the screw” has been determined to be new matter. This is due to the fact that nowhere in the specification does it mention the pressing body “immediately” pressing the protrusion following extruding body and inclined groove separation for “double insurance” when separating the mating member from the screw.
The remaining dependent claims are rejected as they are dependent on claims 1 and 10.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-10, 13-16, 10 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 1 and 10, the term “immediately” is rendered indefinite, as the term is subjective and the specification does not clearly or quantifiably define nor even mention the term, therefore lacking clear use of the term within the context of the invention to give reasonable certainty of its meaning.
The remaining dependent claims are rejected as they are dependent on claims 1 and 10.
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 1, 4-5, 8-10, 13-14, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20120310332 A1 (--hereafter—Murray).
Regarding Claim 1, Murray discloses a control device (see device in Figure 5 below) comprising: a fixing unit (see annotated fixing unit below), comprising a screw rod (see annotated screw rod 56 below) provided with an accommodating hole (see annotated accommodating hole in the screw rod 56 in Figure 6A below) and a sliding groove (see sliding groove 64 in Figure 6A below – these are slots on the threaded portion) communicating with the accommodating hole (see arrow 64 being near accommodating hole), wherein a depth of the accommodating hole and a length of the sliding groove are arranged along an axis direction of the screw rod (accommodating hole and lengths of sliding groove are arranged along annotated axis in Figure 6A below); and a movable unit (see annotated moveable unit below in Figure 5 below), comprising a connecting member (see annotated connecting member 74 in Figure 6A below), a first handle (see annotated first handle 88 in Figure 6A below, see also paragraph [0054]), a mating member (see annotated mating member 86 below), and a control member (see annotated control member 52 (83 and other components are a part of control member 52) in Figure 6A below); wherein the connecting member (see connecting member 74 in Figure 6A below) is provided with a first connecting body (see annotated first connecting body 80 in Figure 6A below) and a second connecting body (see annotated second connecting body 78 in Figure 6A below) fixed to the first connecting body (see T-like shape of connected first and second connecting body portions in Figure 6A below), the first connecting body (80) is arranged in the accommodating hole (see annotated accommodating hole housing first connecting body 80), and the first connecting body is slidingly engaged with the screw rod (see first connecting body against the internal surface of the screw rod 56 in Figure 6A below), the second connecting body is rotatably connected to the first handle passing through the sliding groove (see second connecting body connected to first handle 88 and is through the sliding groove 64 in Figure 6A below), the first handle is hollow and is sleeved on an outside of the screw rod (see first handle 88 sleeved and hollow over screw rod 56 in Figure 6A below, see also paragraph [0054]), and movable relative to the screw rod (see paragraph [0055], the mating member is arranged in the first handle (see 86 is inside the first handle 88 in Figure 6A below), and the mating member is provided with an internal thread structure engaged with the screw rod (see internal thread structure 87 in Figure 6A below, see also paragraph [0054]), the control member is movably arranged on the first handle (see paragraph [0055]), and the first handle drives the mating member to rotate through the control member (see paragraph [0054]); wherein when the control member is in a first position, the internal thread structure is separated from the screw rod (see Figure 6D below, see also paragraph [0053]); and when the control member is in a second position (see Figure 6C below, see also paragraph [0053]), the internal thread structure is engaged with the screw rod 56 through a thread transmission (see paragraph [0053]); wherein the movable unit further comprises a sleeve (see sleeve 84 in Figure 6A above), the sleeve is sleeved on the outside of the screw rod (see sleeve 84 in Figure 6A above, see also paragraph [0053]), and the sleeve is provided with a through hole (see annotated through hole in internal sleeve 84 in Figure 6A above), the mating member is rotatably arranged on the sleeve (see paragraph [0053]), and the internal thread structure is capable of passing through the through hole to be engaged with the screw rod (see internal thread structure 87 and screw rod 56 in Figure 6A above being threadedly engaged, see also paragraph), the mating member is further provided with a protrusion spaced apart from the internal thread structure in a circumferential direction (see annotated protrusion spaced apart from the internal thread structure in Figure 6C and 6D below), the protrusion is arranged in a direction away from the screw rod (see annotated protrusion pointing away from the screw rod 56 in Figure 6C and Figure 6D below), and the control member is provided with a pressing body and an extruding body spaced apart from the pressing body (see annotated pressing body and extruding body 91 in Figure 6C and 6D below); when the control member is in the first position (see annotated control member in Figure 6D in the first position), the extruding body is offset from the mating member, and the pressing body is press-fitted with the protrusion (see Figure 6D below), such that the internal thread structure is separated from the screw rod (see paragraph [0053]); and wherein the control member is in the second position (see annotated trigger 83 in Figure 6C in the second position), the pressing body is offset from the protrusion (see that annotated pressing body is offset from annotated protrusion in Figure 6C below), and the extruding body is press-fitted with the mating member (see extruding body 91 is against the mating member in Figure 6C below), such that the internal thread structure is engaged with the screw rod through a thread transmission (see paragraph [0053]), and the first handle is capable of driving the control member and the mating member to rotate (since first handle 88, control member components 52, 91, and 83, as well as the mating member 87 are all connected, 88 being sleeved around both, 88 is capable of driving both components to rotate); and wherein the control member (see control member components 91, 52, and 83 in Figure 6A) is arranged in the sleeve (see sleeve 84 in Figure 6A) and capable of being elastically reset (extruding body member 91 of the control member is directly connected to a spring 90 that moves the control member up and down, making it capable to be elastically reset to its natural position, see simplified annotation of Figures 6C and 6D below), the control member is capable of being automatically reset to the second position under an elastic force (since the spring that the extruding portion 91 is connected to is in a stressed position in the first position in Figure 6D, therefore moving up the entire control member, the elastic force of the spring to bring the spring back into a natural state as in Figure 6C illustrates the control member’s capability to be automatically reset to the second position, see simplified annotation of Figures 6C and 6D below); and an inclined surface introduction structure is provided between the extruding body and the mating member (see annotated inclined surface introduction structure in Figure 6C below). This inclined surface introduction surface is inclined relative to the longitudinal axis and is in between the mating member (86) and the top point of the extruding body, and the inclined surface introduction structure comprises an inclined groove arranged on the mating member (see annotated inclined groove in the simplified annotated #2 of Figures 6C and 6D below –fourth image below--) and spaced apart from the protrusion along a circumferential direction of the mating member (there is a point on both of the protrusion and inclined groove that are “spaced apart circumferentially,” this limitation is broad and therefore given it’s broadest reasonable interpretation), and an inclined bottom arranged on the extruding body and configured to be fitted with the inclined groove (see annotated inclined bottom and inclined groove in the simplified annotated #2 of Figures 6C and 6D below –fourth image below--), and wherein the inclined groove arranged on the mating member such that when the extruding body (91) completely separates from the inclined groove (see Simplified Annotation #2 of Figure 6D below, wherein the extruding body (91) is separated from the inclined groove), the pressing body (88) is immediately pressed the protrusion to ensure that the internal thread of the mating member separates from the external thread of the screw (see pressing body (88) pressed upon the protrusion of the mating member in Figure 6D below), so as to provide a double insurance when separating the mating member from the screw (see paragraph [0053] denoting that Figure 6D is the unthreaded position, in which the mating member is not threadingly engaged with the threaded portion 60 of the screw).
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Regarding Claim 4, Murray discloses wherein the mating member is arranged on the screw rod and capable of being elastically reset (since the spring that the extruding portion 91 is connected to is in a stressed position in the first position in Figure 6D below, therefore moving the annotated mating member, the elastic force of the spring to bring the spring back into a natural state as in Figure 6C below illustrates the mating member’s capability to be automatically reset to the second position), the control member is provided with an insertion portion (see annotated insertion portion in Figure 6D below); when the control member is in the first position, the insertion portion is inserted between the internal thread structure and the screw rod (see annotated insertion portion in Figure 6D below being between 87 and the screw rod, actively pushing against the screw rod), such that the internal thread structure is separated from the screw rod (see the internal thread structure 87 being separated from the screw rod in Figure 6D below); and when the control member is in the second position (see portion of control member 83 in the second position in Figure 6C below), the insertion portion is offset from both the internal thread structure and the screw rod (see annotation of insertion portion in Figure 6C below, insertion portion is radially offset from the screw rod and is offset by a distance to the internal thread portion 87), and the mating member is reset under an elastic force (the spring that moves the control member up while in its stressed position, therefore making the pressing body of the control member pressed onto the protrusion to further move the mating member, is in its “reset” or natural stage in the second position, making the mating member reset under the elastic force), such that the internal thread structure is engaged with the screw rod through a thread transmission (see Figure 6D below where internal thread structure 87 is engaged with the screw rod in the second position, see also paragraph [0053]).
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Regarding Claim 5, Murray discloses the control device according to claim 1, wherein the fixing unit (see annotated fixing unit in Figure 5 above) further comprises a second handle (see annotated second handle in Figure 5 above), the second handle is fixed on the screw rod (see paragraph [0049] describing second handle 54 being fixed around screw rod 56), and the first handle is movable relative to the second handle (see paragraph [0049]).
Regarding Claim 8, Murray discloses the control device according to claim 1, wherein the fixing unit (see annotated fixing unit in Figure 6A above) further comprises a guide rod (see annotated guide rod 38 in Figure 9A below), the guide rod is fixed in the screw rod (see guide rod 38 fixed in the annotated screw rod 56 in Figures 9A, 9B, and 9C below), and the first connecting body (see annotated first connecting body in Figure 9A below) is provided with a mating hole (see annotated mating hole in Figure 9B below) that is slidingly fitted with the guide rod (see guide rod 38 fitted in the annotated mating hole in the first connecting body in Figures 9A and 9B).
Regarding Claim 9, Murray discloses the control device according to claim 8, wherein the guide rod (see guide rod 38 in Figure 9C and Figure 9A below) is provided with a flow channel (see flow channel 24 in Figure 9C below, see paragraph [0046]) and the fixing unit further comprises a guide tube (see guide tube 104 in Figure 9C below) in communication with the flow channel (see paragraphs [0059] and [0060] describing communication with flow channel 24 and guide tube 104), and one end of the guide tube is fixed to the screw rod (see Figure 9C below showing that guide tube 104 is connected to second handle 50 which is fixed to the screw rod 56, making the guide tube also fixed to the screw rod 56, see also [0048]) and is communicated with outside (see Figure 9C below showing guide tube 104 in communication with outside of the device).
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Regarding Claim 10, Murray discloses a delivery apparatus (entire Figure 5 below shows the delivery apparatus), comprising a control device, wherein the first connecting body is provided with a connection portion (see annotated connection portion on the edge of the annotated first connecting body in Figure 6A below), and the delivery apparatus further comprises a delivery tube for delivering a vascular stent (see introduction of delivery tube 18 in paragraph [0044], see also delivery tube 18 in Figure 9A below), and one end of the delivery tube is fixedly connected with a connecting member (see annotated connecting member 74 in Figure 6A above) through the connection portion (see paragraph [0050], see also annotated connection points Figure 6A above); and the control device comprises: : a fixing unit (see annotated fixing unit in Figure 5 above), comprising a screw rod (see annotated screw rod 56 below) provided with an accommodating hole (see annotated accommodating hole in the screw rod 56 in Figure 6A above) and a sliding groove (see sliding groove 64 in Figure 6A above – these are slots on the threaded portion) communicating with the accommodating hole (see arrow 64 being near accommodating hole), wherein a depth of the accommodating hole and a length of the sliding groove are arranged along an axis direction of the screw rod (accommodating hole and lengths of sliding groove are arranged along annotated axis in Figure 6A above); and a movable unit (see annotated moveable unit below in Figure 5 above), comprising a connecting member (see annotated connecting member 74 in Figure 6A above), a first handle (see annotated first handle 88 in Figure 6A above, see also paragraph [0054]), a mating member (see annotated mating member 86 above), and a control member (see annotated control members 52 and 83 (83 is a part of 52) in Figure 6A above); wherein the connecting member (see connecting member 74 in Figure 6A above) is provided with a first connecting body (see annotated first connecting body 80 in Figure 6A above) and a second connecting body (see annotated second connecting body 78 in Figure 6A above) fixed to the first connecting body (see T-like shape of connected first and second connecting body portions in Figure 6A above), the first connecting body (80) is arranged in the accommodating hole (see annotated accommodating hole housing first connecting body 80 in Figure 6A above), and the first connecting body is slidingly engaged with the screw rod (see first connecting body against the internal surface of the screw rod 56 in Figure 6A above), the second connecting body is rotatably connected to the first handle passing through the sliding groove (see second connecting body connected to first handle 88 and is through the sliding groove 64 in Figure 6A above), the first handle is hollow and is sleeved on an outside of the screw rod (see first handle 88 sleeved and hollow over screw rod 56 in Figure 6A above, see also paragraph [0054]), and movable relative to the screw rod (see paragraph [0055], the mating member is arranged in the first handle (see 86 is inside the first handle 88 in Figure 6A above), and the mating member is provided with an internal thread structure engaged with the screw rod (see internal thread structure 87 in Figure 6A above, see also paragraph [0054]), the control member is movably arranged on the first handle (see paragraph [0055]), and the first handle drives the mating member to rotate through the control member; wherein when the control member is in a first position, the internal thread structure (87) is separated from the screw rod (see Figure 6D below, see also paragraph [0053]); and when the control member is in a second position (see Figure 6C below, see also paragraph [0053]), the internal thread structure is engaged with the screw rod 56 through a thread transmission (see paragraph [0053]); wherein the movable unit further comprises a sleeve (see sleeve 84 in Figure 6A above), the sleeve is sleeved on the outside of the screw rod (see sleeve 84 in Figure 6A above, see also paragraph [0053]), and the sleeve is provided with a through hole (see annotated through hole in internal sleeve 84 in Figure 6A above), the mating member is rotatably arranged on the sleeve (see paragraph [0053]), and the internal thread structure is capable of passing through the through hole to be engaged with the screw rod (see internal thread structure 87 and screw rod 56 in Figure 6A above being threadedly engaged, see also paragraph), the mating member is further provided with a protrusion spaced apart from the internal thread structure in a circumferential direction (see annotated protrusion spaced apart from the internal thread structure in Figure 6C and 6D below), the protrusion is arranged in a direction away from the screw rod (see annotated protrusion pointing away from the screw rod 56 in Figure 6C and Figure 6D below), and the control member is provided with a pressing body and an extruding body spaced apart from the pressing body (see annotated pressing body and extruding body 91 in Figure 6C and 6D below); when the control member is in the first position (see annotated control member in Figure 6D in the first position), the extruding body is offset from the mating member, and the pressing body is press-fitted with the protrusion (see Figure 6D below), such that the internal thread structure is separated from the screw rod (see paragraph [0053]); and when the control member is in the second position (see annotated trigger 83 in Figure 6C in the second position), the pressing body is offset from the protrusion (see that annotated pressing body is offset from annotated protrusion in Figure 6C below), and the extruding body is press-fitted with the mating member (see extruding body 91 is against the mating member in Figure 6C below), such that the internal thread structure is engaged with the screw rod through a thread transmission (see paragraph [0053]), and the first handle is capable of driving the control member and the mating member to rotate (since first handle 88, control member components 52, 91, and 83, as well as the mating member 87 are all connected, 88 being sleeved around both, 88 is capable of driving both components to rotate); and wherein the control member (see control member components 91, 52, and 83 in Figure 6A) is arranged in the sleeve (see sleeve 84 in Figure 6A) and capable of being elastically reset (extruding body member 91 of the control member is directly connected to a spring 90 that moves the control member up and down, making it capable to be elastically reset to its natural position, see simplified annotation of Figures 6C and 6D below), the control member is capable of being automatically reset to the second position under an elastic force (since the spring that the extruding portion 91 is connected to is in a stressed position in the first position in Figure 6D, therefore moving up the entire control member, the elastic force of the spring to bring the spring back into a natural state as in Figure 6C illustrates the control member’s capability to be automatically reset to the second position, see simplified annotation of Figures 6C and 6D below); and an inclined surface introduction structure is provided between the extruding body and the mating member (see annotated inclined surface introduction structure in Figure 6C below). This inclined surface introduction surface is inclined relative to the longitudinal axis and is in between the mating member (86) and the top point of the extruding body, and the inclined surface introduction structure comprises an inclined groove arranged on the mating member (see annotated inclined groove in the simplified annotated #2 of Figures 6C and 6D below –second image below--) and spaced apart from the protrusion along a circumferential direction of the mating member (there is a point on both of the protrusion and inclined groove that are “spaced apart circumferentially,” this limitation is broad and therefore given it’s broadest reasonable interpretation), and an inclined bottom arranged on the extruding body and configured to be fitted with the inclined groove (see annotated inclined bottom and inclined groove in the simplified annotated #2 of Figures 6C and 6D below –second image below--), and wherein the inclined groove arranged on the mating member such that when the extruding body (91) completely separates from the inclined groove (see Simplified Annotation #2 of Figure 6D below, wherein the extruding body (91) is separated from the inclined groove), the pressing body (88) is immediately pressed the protrusion to ensure that the internal thread of the mating member separates from the external thread of the screw (see pressing body (88) pressed upon the protrusion of the mating member in Figure 6D below), so as to provide a double insurance when separating the mating member from the screw (see paragraph [0053] denoting that Figure 6D is the unthreaded position, in which the mating member is not threadingly engaged with the threaded portion 60 of the screw).
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Regarding Claim 13, Murray discloses the control device according to claim 4, wherein the fixing unit (see annotated fixing unit in Figure 6A above) further comprises a guide rod (see annotated guide rod 38 in Figure 9A below), the guide rod is fixed in the screw rod (see guide rod 38 fixed in the annotated screw rod 56 in Figures 9A, 9B, and 9C below), and the first connecting body (see annotated first connecting body in Figure 9A below) is provided with a mating hole (see annotated mating hole in Figure 9B below) that is slidingly fitted with the guide rod (see guide rod 38 fitted in the annotated mating hole in the first connecting body in Figures 9A and 9B).
Regarding Claim 14, Murray discloses the control device according to claim 5, wherein the fixing unit (see annotated fixing unit in Figure 6A above) further comprises a guide rod (see annotated guide rod 38 in Figure 9A below), the guide rod is fixed in the screw rod (see guide rod 38 fixed in the annotated screw rod 56 in Figures 9A, 9B, and 9C below), and the first connecting body (see annotated first connecting body in Figure 9A below) is provided with a mating hole (see annotated mating hole in Figure 9B below) that is slidingly fitted with the guide rod (see guide rod 38 fitted in the annotated mating hole in the first connecting body in Figures 9A and 9B).
Regarding Claim 19, Murray discloses the control device according to claim 13, wherein the guide rod (see guide rod 38 in Figure 9C and Figure 9A below) is provided with a flow channel (see flow channel 24 in Figure 9C below, see paragraph [0046]) and the fixing unit further comprises a guide tube (see guide tube 104 in Figure 9C below) in communication with the flow channel (see paragraphs [0059] and [0060] describing communication with flow channel 24 and guide tube 104), and one end of the guide tube is fixed to the screw rod (see Figure 9C below showing that guide tube 104 is connected to second handle 50 which is fixed to the screw rod 56, making the guide tube also fixed to the screw rod 56, see also [0048]) and is communicated with outside (see Figure 9C below showing guide tube 104 in communication with outside of the device).
Regarding Claim 20, Murray discloses the control device according to claim 14, wherein the guide rod (see guide rod 38 in Figure 9C and Figure 9A below) is provided with a flow channel (see flow channel 24 in Figure 9C below, see paragraph [0046]) and the fixing unit further comprises a guide tube (see guide tube 104 in Figure 9C below) in communication with the flow channel (see paragraphs [0059] and [0060] describing communication with flow channel 24 and guide tube 104), and one end of the guide tube is fixed to the screw rod (see Figure 9C below showing that guide tube 104 is connected to second handle 50 which is fixed to the screw rod 56, making the guide tube also fixed to the screw rod 56, see also [0048]) and is communicated with outside (see Figure 9C below showing guide tube 104 in communication with outside of the device).
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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.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Murray et al. US 20120310332 A1 (--hereafter—Murray) as applied to claims 1 and 10 above, and further in view of LaDuca et al. US 20060155366 A1 (hereafter –LaDuca).
In regards to Claim 6, Murray as modified discloses the control device according to claim 1.
However, Murray fails to disclose wherein the control device further comprises a bending unit, the bending unit comprises a driving member and a flexible traction member, the driving member is movably disposed on the first handle, and the driving member is movable with the first handle, and one end of the flexible traction member is fixed on the driving member.
Nevertheless, LaDuca discloses a control device (see device in Figures 4 and 5B below, with a control member (see control member 78b in Figure 4 below), a first handle (see first handle 36a in Figure 4 below), as well as a guidewire (see 154 in Figure 5A, see also paragraph [0057]). LaDuca teaches wherein the control device further comprises a bending unit (see paragraph [0060] describing the bending of inner member 42 and distal end of the device 30), the bending unit comprises a driving member (see driving member 56 in Figure 4 below) and a flexible traction member (see paragraph [0060] describing a pull wire), the driving member is movably disposed on the first handle (see first handle 36a in Figure 4 below), and the driving member is movable with the first handle (see arrows 65a and 65b in Figure 4 below), as well the driving member is rotatable relative to the first handle (see arrows 65a and 65b in Figure 4 above), and one end of the flexible traction member is fixed on the driving member (see paragraph [0060]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the control device of Murray to have a bending unit comprising a driving member and a flexible traction member, the driving member movably disposed on the first handle, and the driving member is movable and rotatable relative to and with the first handle, and one end of the flexible traction member is fixed on the driving member as taught by LaDuca, as by doing so would allow the device to articulate the distal end of device in multiple directions orthogonal to the longitudinal axis of the implantation system (see paragraph [0060]).
In regards to Claim 7, Murray as modified discloses the control device according to claim 6 as well as the driving member being rotatable relative to the first handle.
However, Murray fails to disclose wherein the control device wherein the driving member is rotatable relative to the first handle, and the driving member is provided with a connecting sleeve sleeved on the screw rod and a force applying portion fixed on an outside of the connecting sleeve; one end of the flexible traction member is fixed on the connecting sleeve; or the connecting sleeve is provided with an external thread structure, and the bending unit further comprises a third handle fixedly connected with the first handle and a threaded sleeve that is screwed and engaged with the external thread structure, the third handle is hollow, the threaded sleeve is arranged in the third handle and is slidably connected to the third handle, one end of the flexible traction member is fixed on the threaded sleeve.
Nevertheless, LaDuca discloses a control device (see device in Figures 4 and 5B below, with a control member (see control member 78b in Figure 4 below), a first handle (see first handle 36a in Figure 4 below), as well as a guidewire (see 154 in Figure 5A, see also paragraph [0057]). LaDuca teaches the driving member is provided with a connecting sleeve (see connecting sleeve 46 in Figure 5B above, see also Figure 6C showing connecting sleeve 46 is sleeved over main body wire lumen 44) sleeved on the screw rod (see Figure 6C, where 46 is sleeved around main body wire lumen 44, illustrating it’s capable of being sleeved around the screw rod of Murray) and a force applying portion connected within the connection sleeve (see paragraph [0060]), as well as one end of the flexible traction member being fixed on the connecting sleeve (see paragraph [0060] describing the pull-wire having a connection to the connecting sleeve). Paragraph [0060] says that the steering pull-wire is connected within the connecting sleeve (46). When a force is applied to this connection point within the connecting sleeve from the driving member, the force on the pull-wire and connecting sleeve connection point causes the distal end of the device to bend, making this connection point the “force applying portion.”
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the control device and screw rod of Murray to have a the driving member is provided with a connecting sleeve sleeved on the screw rod and a force applying portion; one end of the flexible traction member being fixed on the connecting sleeve as taught by LaDuca, as by doing so would allow the device to articulate the distal end of device in multiple directions orthogonal to the longitudinal axis of the implantation system (see paragraph [0060]).
However, Murray as modified by LaDuca does not disclose “a force applying portion fixed on an outside of the connecting sleeve”. The disclosure of the instant invention fails to provide criticality to having the force applying portion specifically on the outside of the connecting sleeve. Applicant has not disclosed that having the force applying portion on the outside of the sleeve instead of the inside solves any stated problem or is for any particular purpose and it appears that the force applying portion being on the outside or inside of the sleeve would perform equally well. Furthermore, LaDuca teaches that any number of pull-wires may be employed and selectively tensioned and therefore selectively placed, not limiting the position of the pull-wire to the inside of the connecting sleeve (see paragraph [0060] describing the pull-wire having a connection to the connecting sleeve, as well as explaining that any number of pull-wires can be employed and selectively tensioned for selective articulation). Therefore, this does not out rule the possibility of the pull-wire being connected to the connecting sleeve on the outside as the connection on the outside would perform the same function at the same efficiency as a connection on the inside of the connecting sleeve.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the force applying portion of Murray in view of LaDuca from being fixed on the inside of the connecting sleeve to being fixed on the outside of the connecting sleeve as a matter of design choice within the skill of the art.
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Regarding Claim 15, Murray as modified discloses the control device according to claim 6 (see explanation of the claim 6 rejection above), (see annotated fixing unit in Figure 6A of Murray above) further comprises a guide rod (see annotated guide rod 38 in Figure 9A of Murray above), the guide rod is fixed in the screw rod (see guide rod 38 fixed in the annotated screw rod 56 in Figures 9A and 9B of Murray above), and the first connecting body (see annotated first connecting body in Figure 9A of Murray above) is provided with a mating hole (see annotated mating hole in Figure 9B of Murray above) that is slidingly fitted with the guide rod (see guide rod 38 fitted in the annotated mating hole in the first connecting body in Figures 9A and 9B of Murray above).
Regarding Claim 16, Murray as modified discloses the control device according to claim 7 (see explanation of the claim 7 rejection above), (see annotated fixing unit in Figure 6A of Murray above) further comprises a guide rod (see annotated guide rod 38 in Figure 9A of Murray above), the guide rod is fixed in the screw rod (see guide rod 38 fixed in the annotated screw rod 56 in Figures 9A and 9B of Murray above), and the first connecting body (see annotated first connecting body in Figure 9A of Murray above) is provided with a mating hole (see annotated mating hole in Figure 9B of Murray above) that is slidingly fitted with the guide rod (see guide rod 38 fitted in the annotated mating hole in the first connecting body in Figures 9A and 9B of Murray above).
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.
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/PARIS MARIE BLASS/
Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
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