Prosecution Insights
Last updated: April 19, 2026
Application No. 17/794,423

DEVICE, APPARATUS AND A METHOD FOR MINIMISING THE DISPERSAL OF PATHOGENS INTO THE ENVIRONMENT DURING INSUFFLATING OF A CAVITY IN A SUBJECT

Non-Final OA §102§112
Filed
Jul 21, 2022
Examiner
STIGELL, THEODORE J
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Palliare Limited
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
975 granted / 1245 resolved
+8.3% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
45 currently pending
Career history
1290
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
31.3%
-8.7% vs TC avg
§102
31.7%
-8.3% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1245 resolved cases

Office Action

§102 §112
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. Election/Restrictions Applicant’s election without traverse of Group II (claims 221-231) in the reply filed on 9/19/2025 is acknowledged. Claim s 212-220 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/19/2025 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/21/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 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 appl icant regards as his invention. Claim s 222-223, 225 -226, and 229-230 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. In regard to claims listed above, the use of the word “preferably” and “advantageously” create ambiguity as to whether the limitations following “preferably” and “advantageously” are considered to be requirements of the claim or simply preferred embodiments. For the p urposes of this action, the limitations are interpreted as preferred embodiments and not requirements of the claim. 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. Claim(s) 221-231 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Geisz (US 2017/0007295) . In regard to claim 221, Geisz discloses an access device (300) for accommodating an instrument (126) through an opening (104) in a human or animal subject (the instrument is functionally recited) , the access device being adapted to extend through the opening in the subject and having an instrument bore (308) extending therethrough for accommodating the instrument therethrough (see at least Fig. 3B) , the access device having an inner surface (325) defining the instrument bore (see Fig. 3B) , and an external outer surface (318) , wherein the access device comprises a collection chamber (330, 332) located in the access device between and spaced apart from the inner and outer surfaces thereof and extending at least partly around the instrument bore (see Fig. 3B) , an outlet port (185) communicating with the collection chamber and adapted for connecting to a vacuum system (124) (see at least par. [0032]) , and at least one first inlet port (320 and/or 315 ) communicating with and extending from the collection chamber and terminating in one of an inner surface and an outer surface of the access device (see Fig. 3A) , the at least one first inlet port being adapted to draw gases into the collection chamber in response to a vacuum being applied to the outlet port (see Fig. 3A and par. [0032]) . In regard to claim 222, Geisz discloses wherein the collection chamber (330, 332) comprises an annular chamber extending around the instrument bore (see Fig. 3B) , and preferably, the collection chamber extends completely around the instrument bore, and advantageously, the at least one first inlet port terminates in the one of the inner surface and the outer surface of the access device towards a proximal end thereof, and preferably, the at least one first inlet port terminates in the one of the inner surface and the outer surface of the access device adjacent the proximal end thereof, and advantageously, the at least one first inlet port terminates in the outer surface of the access device for drawing gases leaking through the opening in the subject past the outer surface of the access device, and preferably, a plurality of the first inlet ports extend from and communicate with the collection chamber and terminate in the outer surface of the access device spaced apart circumferentially around the access device, and advantageously, the first inlet ports are equi -spaced apart circumferentially around the access device (see 112 rejection; the italicized limitations are interpreted as preferred embodiments) . In regard to claim 223, Geisz (please see the embodiment in Figs. 4A-4B) discloses wherein at least one second inlet port (452) communicates with and extends from the collection chamber and terminates in the inner surface of the access device (see Fig. 4B) , the at least one second inlet port being adapted to draw gases into the collection chamber in response to a vacuum being applied to the outlet port (see par. [0037]) , and preferably, the at least one second inlet port communicates with the instrument bore of the access device, and advantageously, the at least one second inlet port terminates in the inner surface of the access device towards the proximal end thereof, and preferably, the at least one second inlet port terminates in the inner surface of the access device adjacent the proximal end thereof, and advantageously, a plurality of the second inlet ports extend from and communicate with the collection chamber and terminate in the inner surface of the access device spaced apart circumferentially around the inner surface, and preferably, the second inlet ports are equi -spaced apart circumferentially around the inner surface of the access device, and advantageously, the collection chamber is located towards the proximal end of the access device, and preferably, the collection chamber is located adjacent the proximal end of the access device (see 112 rejection; the italicized limitations are interpreted as preferred embodiments) . In regard to claim 224, Geisz discloses wherein the access device (300) terminates in one of a proximal flange and a proximal housing (see flared proximal section) , the one of the proximal flange and the proximal housing defining a part of the outer surface of the access device (see Fig. 3A) . In regard to claim 225, Geisz discloses wherein the at least one first inlet port (315) terminates in the outer surface of the access device adjacent but spaced apart distally from the proximal housing (see Fig. 3A) , and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal housing, and advantageously, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal housing towards the access device, and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal housing adjacent but spaced apart from the access device, and advantageously, the at least one first inlet port terminates in the outer surface of the access device intermediate the access device and the proximal housing, and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal housing spaced apart from the access device (see 112 rejection; the italicized limitations are interpreted as preferred embodiments) . In regard to claim 226, Geisz discloses wherein the at least one first inlet port (315) terminates in the outer surface of the access device adjacent but spaced apart distally from the proximal flange (see Fig. 3A) , and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal flange, and advantageously, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal flange towards the access device, and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal flange adjacent but spaced apart from the access device, and advantageously, the at least one first inlet port terminates in the outer surface of the access device intermediate the access device and the proximal flange, and preferably, the at least one first inlet port terminates in the part of the outer surface of the access device defined by the proximal flange spaced apart from the access device, and advantageously, the outlet port extends from the collection chamber and terminates in the part of the outer surface of the access device formed by the one of the proximal flange and the proximal housing, and preferably, the outlet port extends from the collection chamber and terminates in or extends through the outer surface of the access device, and advantageously, a filter is provided for filtering out one or more of pathogens, bacteria, infections and viruses from gases drawn through the outlet port, and preferably, the filter is adapted for coupling to the outlet port (see 112 rejection; the italicized limitations are interpreted as preferred embodiments) . In regard to claim 227, Geisz discloses wherein the access device (300) comprises one of a trocar (see par. [0030]) , a mouth entry device for accommodating an instrument orally into the subject, and a transanal entry device for accommodating an instrument anally into the subject. In regard to claim 228, please see the rejection of claim 221 as the same structure is recited as is recited in the instant claim. Please see par. [0031] -[ 0033] for the disclosure of smoke removal from the surgical site. In regard to claim 229, please see the rejection of claim 222 as the same structure is recited as is recited in the instant claim. Please see par. [0031] -[ 0033] for the disclosure of smoke removal from the surgical site. In regard to claim 230, please see the rejection of claim 22 3 as the same structure is recited as is recited in the instant claim. Please see par. [0031] -[ 0033] for the disclosure of smoke removal from the surgical site. In regard to claim 231, please see the rejection of claim 227 as the same structure is recited as is recited in the instant claim. Please see par. [0031] -[ 0033] for the disclosure of smoke removal from the surgical site. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT THEODORE J STIGELL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8759 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9-5:30 EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Michael Tsai can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-5246 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT THEODORE J. STIGELL Primary Examiner Art Unit 3783 /THEODORE J STIGELL/ Primary Examiner, Art Unit 3783
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Prosecution Timeline

Jul 21, 2022
Application Filed
Nov 03, 2025
Non-Final Rejection — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+14.6%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1245 resolved cases by this examiner. Grant probability derived from career allow rate.

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