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 .
Acknowledgement
The examined claims are the preliminary amendments filed on 8/5/2022. Applicant submitted a claim set on 3/8/2023 with the substitute specification but these claims are clearly not the intended claims as they are identical to the original claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/5/2022 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 applicant regards as his invention.
Claims 8-9, 12, 13, 18, 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.
In regard to claims 8 and 18, the limitation “wherein a rotational structure of the device is limited to the hub such that rotational locking and unlocking of the inner and outer sheaths does not rotate a shaft of the needle” renders the claim indefinite. It is unclear how “limited” should be interpreted and further it is unclear if the applicant intends for the recited “rotational structure” to be cause the rotational locking and unlocking.
In regard to claim 9, there is no antecedent basis for “the non-extended” position. For the purposes of this action, it is interpreted as the “retracted” position.
In regard to claims 12, 13, and 20, “a retracted position” and “an extended position” should read “the retracted position” and “the extended position” to indicate prior antecedent basis.
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) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McWha et al. (US 5,480,389; hereafter McWha).
In regard to claim 1, McWha discloses a device assembly comprising: a hub (see Fig. 1) having inner (32) and outer sheaths (51), wherein the inner (32) and outer sheaths (51) are configured to telescope with respect to one another; a locking mechanism (50) configured to lock the inner and outer sheaths of the hub into a predetermined configuration; and a needle (12) that is lengthened based on a position of the inner and outer sheaths of the hub as extended or retracted (see col. 9, line 17- col. 11, line 67).
In regard to claim 2, McWha discloses wherein the locking mechanism (50) comprises an internal protrusion (70) for engaging the hub (see col. 9, lines 32-60).
In regard to claim 3, McWha discloses wherein the inner sheath (32) comprises indentations (38a) for coupling with the locking mechanism (see col. 9, lines 53-55).
In regard to claim 4, McWha discloses wherein the locking mechanism (50) is rotated about the inner sheath (32) in order to further engage the indentations (the inner and outer sheaths are capable of slight rotation with each other due to the telescoping relationship; the rotation can occur while there is engagement with indentations 38a).
In regard to claim 5, McWha discloses wherein the outer sheath (51) comprises wings (20; each side of 20 can be considered a wing; the outer sheath can be interpreted as including more structures than 51).
In regard to claim 6, McWha discloses wherein the wings (20) are configured to move towards the physician, when the needle is extended (functional limitation; the entire device can be moved towards the physician).
In regard to claim 7, McWha discloses wherein the inner (32) and outer sheaths (51) lock in the retracted position with rotational movement with respect to one another (functional limitation; the inner and outer sheaths are locked in retracted position to each other and are capable of slight rotation with each other due to the telescoping relationship).
In regard to claim 8, McWha discloses wherein a rotational structure (20; wings can rotate as the entire device can rotate) of the device is limited to the hub (wings 20 are only on hub) such that rotational locking and unlocking of the inner and outer sheaths does not rotate a shaft of the needle (needle 12 does not rotate).
In regard to claim 9, Mcwha discloses wherein the needle (12) is smooth along its entire surface whether in the non-extended or extended position (see Fig. 3; the needle is always smooth).
In regard to claim 10, McWha discloses where the inner (32) and outer sheaths (51) telescope slidably with respect to one another (see col. 9, line 17- col. 11, line 67).
In regard to claim 11, Mcwha discloses wherein the locking mechanism (50) comprises an outer tab (54) for removal (the claim does not elaborate on removal).
In regard to claim 12, McWha discloses wherein the locking mechanism (50) is configured to lock the inner (32) and outer sheath (51) together in a retracted position (see col. 9, line 17- col. 11, line 67).
In regard to claim 13, McWha discloses wherein the locking mechanism (50) is configured to lock the inner (32) and outer sheath (51) together in an extended position (see col. 9, line 17- col. 11, line 67).
In regard to claim 14, McWha discloses a device assembly comprising: a hub (see Fig. 1) having inner (32) and outer sheaths (51), wherein the inner (32) and outer sheaths (51) are configured to telescope with respect to one another, wherein the inner (32) and outer sheaths (51) are further configured to lock in an extended or retracted position; and a needle (12) that is lengthened based on a position of the inner and outer sheaths of the hub as extended or retracted (see col. 9, line 17- col. 11, line 67).
In regard to claim 15, McWha discloses wherein the outer sheath (51) comprises wings (20; each side of 20 can be considered a wing; the outer sheath can be interpreted as including more structures than 51).
In regard to claim 16, McWha discloses wherein the wings (20) are configured to move towards the physician, when the needle is extended (functional limitation; the entire device can be moved towards the physician).
In regard to claim 17, McWha discloses wherein the inner (32) and outer sheaths (51) lock in the retracted position with rotational movement with respect to one another (functional limitation; the inner and outer sheaths are locked in retracted position to each other and are capable of slight rotation with each other due to the telescoping relationship).
In regard to claim 18, McWha discloses wherein a rotational structure (20; wings can rotate as the entire device can rotate) of the device is limited to the hub (wings 20 are only on hub) such that rotational locking and unlocking of the inner and outer sheaths does not rotate a shaft of the needle (needle 12 does not rotate).
In regard to claim 19, McWha discloses wherein the needle (12) is smooth along its entire surface whether in the non-extended or extended position (see Fig. 3; the needle is always smooth).
In regard to claim 20, McWha discloses further comprising a locking mechanism (50) configured to hold the inner (32) and outer sheaths (51) in a retracted or extended position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783