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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/04/2025 has been entered.
Status of Claims
Claim 1-4, 6-8, 11, 15, 20, 23, 28, 34, 39, 47, 51, 57, 64, and 83 are pending, claims 6-8, 11, 15, 20, 23, 28, 34, 39, 47, 51, 57, and 64 are withdrawn from consideration and claims 1-4, and 83 are currently under consideration for patentability under 37 CFR 1.104.
Foreign Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copies have been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on12/04/2025 has been considered by the examiner.
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) 1-4 and 83 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Utsugi (U.S. 4,148,307).
With respect to claim 1, Utsugi teaches a device configured to move within a body cavity, the device comprising:
a tubular structure comprising a tubular wall (11) and a central lumen (FIG. 3); and
a distal controllably expandable element and/or a proximal controllably expandable element positioned along the length of the tubular structure (12,13 FIGS. 8a-e) and optionally in fluid communication with the central lumen (via 34,41), wherein each of the distal and proximal controllably expandable elements comprises an out surface and a propelling element as one piece (FIG. 7 for example), wherein:
the outer surface is configured to frictionally engage a wall of a body cavity (intended use, FIG. 8a-e) ;
the propelling element connects the distal or proximal controllably expandable element to the tubular wall (FIG. 8a-e),
wherein each of the distal and proximal controllably expandable elements is configured to independently inflate and deflate (via 34,41, FIG, 8a-e), and
wherein the propelling element is configured to effect relative movement between the outer surface and the tubular structure as the distal or proximal controllably expandable element expands or contracts (FIG. 8a-e, 5:60-65),
the propelling element is configured to strike in the distal direction as the distal or proximal controllably expandable element inflates, thereby moving the tubular structure distally relative to the outer surface, or wherein the propelling element is configured to strike in the proximal direction as the distal or proximal controllably expandable element inflates, thereby moving the tubular structure proximally relative to the outer surface (FIG. 8a-e, 5:60-65)).
thereby effecting movement of the device within the body(FIG. 8a-e, 5:60-65).
With respect to claim 2,Utsugi teaches the distal controllably expandable element and the proximal controllably expandable element are in fluid communication with the central lumen (via 34,41).
With respect to claim 3, Utsugi teaches alternating extensions and retractions of a distance between the outer surfaces of the distal and proximal controllably expandable elements effects movement of the device with in the body cavity (FIG. 8a-e, 5:60-65).
With respect to claim 4, Utsugi teaches the tubular structure comprises one or more aperture on a distal end and/or one or more channel (32,40 for example).
With respect to claim 83, Utsugi teaches the body cavity is small intestine, duodenum, jejunum, ileum, or colon (intended use).
Response to Arguments
Applicant’s arguments with respect to claim(s) 12/04/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandra Newton Surgan whose telephone number is (571)270-1618. The examiner can normally be reached Monday-Friday 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDRA L NEWTON/Primary Examiner, Art Unit 3799
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