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 .
Acknowledgment
Claims 1, 8, 10-11 are amended and filed on 12/22/2025.
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 20 of claim 1, “that portion of said first lumen” should read as “that a portion of said first lumen”.
Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites the limitation “ said first lumen having a first predetermined diametrical extent.. said second lumen has a second predetermined diametrical extent.. a stylus, having a predetermined diametrical extent which is substantially the same as said first predetermined extent of said first lumen as well as said second predetermined diametrical extent of said second lumen …” in lines 5-16 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. The terms such as “predetermined diametrically extent” and “substantially”, and “same” were not found in the specification with regards to diameter. Note, the examiner assumes that the applicant elaborated Fig. 6 and suggests to be amend such as “ said first lumen having a first diameter diameter diameter diameter diameter .
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salehi et al. (US 20120289941 A1) (“Salehi”).
Re claim 1, Salehi discloses a suction tip and tubing aspirator (Fig. 1-8a, abstract), comprising: a first lumen (10, 30, 40, 50, 60 Fig. 1b) having a first, proximal, open end portion ( left end suction 62, ¶0078) adapted to be operatively connected to a source of suction (¶0078), and a second, distal, open end portion (right open end of 50, Fig. 1a) adapted to be inserted into a site from which a tissue or debris is to be aspirationally removed (¶0068), said first lumen having a first predetermined diametrical extent (¶0068, inner diameter of lumen 10 is in the rage 0.05 to 0.10 inches, Fig. 1b); a second lumen (20’) integrally connected to (integrally connected as all pieces are welded together to 30, 40, 50, 10, 20’ ¶0072, ¶0074, ¶0077 , ¶0079), but fluidically separate from (Fig, 1b), said first lumen, wherein said second lumen has a second predetermined diametrical extent ( inner diameters, Fig, 1b, ¶0069 inner diameter of lumen 20’ is in the rage 0.05 to 0.10 inches) which is substantially the same as said first predetermined diametrical extent of said first lumen (¶0068, ¶0069), and wherein said second lumen joins said first lumen at a predetermined position upstream of said second (30, 40), distal, open end portion of said first lumen ( distal to 50) so as to form a fluidically joined section of said aspirator (40);and a stylus (70) , having a predetermined diametrical extent (the diameter of the stylet 70 is in the rage 0.05 to 0.10 inches see ¶0086) which is substantially the same as said first predetermined extent of said first lumen as well as said second predetermined diametrical extent of said second lumen (¶0068, ¶0069, ¶0086), movably disposed within said second lumen between retracted and extended or deployed positions (¶0087) such that when said stylus is moved from said retracted position to said extended or deployed position (¶0087), a distal end portion of said stylus (74) will move through said second lumen (¶0087), enter said fluidically joined section of said aspirator (40), and move through that portion of said first lumen (50), having said first predetermined diametrical extent (¶0076), which is disposed downstream of said fluidically joined section of said aspirator (Fig. 1b) so as to protrude outwardly from said second, distal, open end portion of said first lumen (50, ¶0075 and thereby dislodge any tissue or debris which has clogged, blocked, or occluded said second, distal, open end portion of said first lumen (¶0068).
Re claim 2, Salehi discloses wherein: said first and second lumens are disposed in one of a top-to- bottom and side-by-side array (Fig. 1a, top to bottom).
Re claim 3, Salehi discloses wherein: said stylus is fabricated from a suitable flexible material (¶0086 such as nylon).
Re claim 4, Salehi discloses wherein: said distal end portion of said stylus has a beveled configuration (52, Fig. 6) such that when said stylus is moved through said second lumen and said beveled distal end portion of said stylus moves into said first lumen (¶0087), said beveled second end portion of said stylus will encounter a side wall portion of said first lumen and will cause said flexible stylus to bend or flex so as to permit said second end portion of said stylus to continue to move through said first lumen (¶0087, move from 20’ lumen to 50), and protrude outwardly from said second open end portion of said first lumen so as to dislodge any tissue or debris clogging, blocking, or occluding said second open end portion of said first lumen (Fig/ 1b. ¶0086).
Re claim 5, Salehi discloses further comprising: a thumb tab or knob (75, Fig. 8a) fixedly connected to said stylus by a suitable connection (integral joint weld, ¶0087) so as to move said stylus between said retracted and extended or deployed positions (¶0087).
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riordan (US. 20130131615A1) in view of Salehi et al. (US 20120289941 A1) (“Salehi”).
Re claim 1, Riordan discloses a suction tip and tubing aspirator (Fig. 1a-9, abstract, ¶0044), comprising: a first lumen (10 with inner wall 11, Fig. 1a, ¶0029) having a first, proximal, open end portion (port 21, ¶0029) adapted to be operatively connected to a source of suction (¶0029), and a second, distal, open end portion (20) adapted to be inserted into a site from which a tissue or debris is to be aspirationally removed (¶0029), saif first lumen having a first predetermined diametrical extent (diameter of lumen 10); a second lumen (41, ¶0029) integrally connected to, but fluidically separate from, said first lumen (Fig. 1a-b), wherein said second lumen has a second predetermined diametrical extent (diameter of 41, Fig. 2a) and wherein said second lumen joins said first lumen at a predetermined position upstream of said second, distal, open end portion of said first lumen (portion after the lumen 41 and before 20) so as to form a fluidically joined section of said aspirator (Fig. 2a); and a stylus (30, ¶0029) having a predetermined diametrical extent (diameter of 30) movably disposed within said second lumen (Fig. 1a) between retracted (Fig. 1a) and extended or deployed positions (Fig. 1b) such that when said stylus is moved from said retracted position to said extended or deployed position, a distal end portion of said stylus will move through said second lumen, enter said fluidically joined section of said aspirator (Fig.11 a-b), and move through that portion of said first lumen (tip 20), so as to protrude outwardly from said second, distal, open end portion of said first lumen (Fig. 1b) and thereby dislodge any tissue or debris which has clogged, blocked, or occluded said second, distal, open end portion of said first lumen ( abstract, ¶0029), but it fails to specifically discloses that the second predetermined diametrical extent which is substantially the same as said first predetermined diametrical extent of said first lumen, and the predetermined diametrical extent of the stylus which is substantially the same as said first predetermined extent of said first lumen as well as said second predetermined diametrical extent of said second lumen, the stylus moves through that portion of said first lumen, having said first predetermined diametrical extent, which is disposed downstream of said fluidically joined section of said aspirator.
However, Salehi discloses a suction tube (Fig. 1-8a) comprises a first lumen (lumen of 10, include 50, 40, 50 wherein all the pieces are welded together so it is considered integral piece see ¶0068, ¶0072, ¶0074, ¶0077) has a first predetermined diametrical extent (¶0068, inner diameter of lumen 10 is in the rage 0.05 to 0.10 inches, Fig. 1b) and a second lumen (20’) has a second predetermined diametrical extent ( inner diameters, Fig, 1b, ¶0069 inner diameter of lumen 20’ is in the rage 0.05 to 0.10 inches) which is substantially the same as said first predetermined diametrical extent of said first lumen (Fig, 1b), and a stylus (70, Fig. 1b) has a predetermined diametrical extent of the stylus (the diameter of the stylet 70 is in the rage 0.05 to 0.10 inches see ¶0086) which is substantially the same as said first predetermined extent of said first lumen as well as said second predetermined diametrical extent of said second lumen (¶0086), the stylus moves through said fluidically joined section of said aspirator (40) and through that portion of said first lumen, having said first predetermined diametrical extent (50 ¶0076), which is disposed downstream of said fluidically joined section of said aspirator (Fig. 1b).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Riordan so that the second predetermined diametrical extent which is substantially the same as said first predetermined diametrical extent of said first lumen, and the predetermined diametrical extent of the stylus which is substantially the same as said first predetermined extent of said first lumen as well as said second predetermined diametrical extent of said second lumen, the stylus moves through that portion of said first lumen, having said first predetermined diametrical extent, which is disposed downstream of said fluidically joined section of said aspirator as taught by Salehi for the purpose of using diameters that benefit the indented use (Salehi, ¶0068).
Re claim 2, Riordan discloses wherein: said first and second lumens are disposed in one of a top-to- bottom and side-by-side array (Fig. 1b, top to bottom).
Re claim 3, Riordan discloses wherein: said stylus is fabricated from a suitable flexible material (¶0042).
Re claim 4, Riordan discloses wherein: said distal end portion of said stylus has a beveled configuration (32, Fig. 4b) such that when said stylus is moved through said second lumen and said beveled distal end portion of said stylus moves into said first lumen (Fig. 1a-b), said beveled second end portion of said stylus will encounter a side wall portion of said first lumen and will cause said flexible stylus to bend or flex so as to permit said second end portion of said stylus to continue to move through said first lumen (¶0029), and protrude outwardly from said second open end portion of said first lumen so as to dislodge any tissue or debris clogging, blocking, or occluding said second open end portion of said first lumen (Fig/ 1b. ¶0029).
Re claim 5, Riordan discloses further comprising: a thumb tab or knob (50) fixedly connected to said stylus by a suitable connection (integral joint with 30) so as to move said stylus between said retracted and extended or deployed positions (¶0029).
Re claim 6, Riordan discloses further comprising: a longitudinal slot defined within a side wall portion of said second lumen ( opening on 40 for 50) so as to permit said suitable connection, defined between said thumb tab or knob and said stylus, to move through said longitudinal slot and to move said stylus between said retracted and extended or deployed positions as controlled by said thumb tab or knob (¶0029).
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salehi et al. (US 20120289941 A1) (“Salehi”) in view of Hensler et al. (US 20130131615 A1)(“ Hensler”).
Re claim 7, Salehi fails to disclose a coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said extended or deployed position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) so as to normally bias said stylus toward said extended or deployed position (¶0048, Fig. 8a-b).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Salehi to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said extended or deployed position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 8, Salehi fails to disclose a coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its retracted position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) such that when said stylus is moved to its retracted position (Fig.8a), said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position (¶0048, Fig. 8a-b).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Salehi to include a coiled spring so that the coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its retracted position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 9, Salehi fails to disclose a coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) so as to normally bias said stylus toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Salehi to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 10, Salehi fails to disclose a coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its extended position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus (Fig. 5a) such that when said stylus is moved to its extended position (Fig. 8b), said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Salehi to include a coiled spring so that the coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its extended position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 11, Salehi fails to disclose further comprising: a coiled spring operatively engaged with a proximal end portion of said stylus and disposed upon a proximal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its retracted position, said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position, whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its extended position, said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) and disposed upon a proximal side of said connection (32), defined between said thumb tab or knob (34) and said proximal end portion of said stylus (closed to 33), such that when said stylus is moved to its retracted position (Fig. 8a), said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position (¶0053), whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection (32, Fig. 5a), defined between said thumb tab or knob (34) and said proximal end portion of said stylus ( closed to 33), such that when said stylus is moved to its extended position ( Fig. 8b), said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Salehi to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus and disposed upon a proximal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its retracted position, said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position, whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its extended position, said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riordan in view of Salehi et al. (US 20120289941 A1) (“Salehi”) and further in view of Hensler et al. (US 20130131615 A1)(“ Hensler”).
Re claim 7, Riordan fails to disclose a coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said extended or deployed position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) so as to normally bias said stylus toward said extended or deployed position (¶0048, Fig. 8a-b).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Riordan to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said extended or deployed position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 8, Riordan fails to disclose a coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its retracted position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) such that when said stylus is moved to its retracted position (Fig.8a), said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position (¶0048, Fig. 8a-b).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Riordan to include a coiled spring so that the coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its retracted position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 9, Riordan fails to disclose a coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) so as to normally bias said stylus toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Riordan to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus so as to normally bias said stylus toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 10, Riordan fails to disclose a coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its extended position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus (Fig. 5a) such that when said stylus is moved to its extended position (Fig. 8b), said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Riordan to include a coiled spring so that the coiled spring operatively engaged with a proximal end of said stylus such that when said stylus is moved to its extended position, said proximal end of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus back toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Re claim 11, Riordan fails to disclose further comprising: a coiled spring operatively engaged with a proximal end portion of said stylus and disposed upon a proximal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its retracted position, said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position, whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its extended position, said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position.
However, Hensler a suction tube (Fig. 1-8b) comprises a first lumen for suction (lumen of 16 and extends from 18 to 20a ) and a second lumen (lumen 24) for the stylus (30) and a coiled spring (36) operatively engaged with a proximal end portion of said stylus ( Fig. 5a) and disposed upon a proximal side of said connection (32), defined between said thumb tab or knob (34) and said proximal end portion of said stylus (closed to 33), such that when said stylus is moved to its retracted position (Fig. 8a), said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position (¶0053), whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection (32, Fig. 5a), defined between said thumb tab or knob (34) and said proximal end portion of said stylus ( closed to 33), such that when said stylus is moved to its extended position ( Fig. 8b), said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position (¶0048, Fig. 8a-b, as the force on 34 is removed, the spring pushes 34 and stylus towed retraction position).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stylus of Riordan to include a coiled spring so that the coiled spring operatively engaged with a proximal end portion of said stylus and disposed upon a proximal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its retracted position, said proximal end portion of said stylus will compress said coiled spring whereby said coiled spring will tend to bias said stylus toward said extended or deployed position, whereas when said coiled spring is operatively engaged with a proximal end portion of said stylus and disposed upon a distal side of said connection, defined between said thumb tab or knob and said proximal end portion of said stylus, such that when said stylus is moved to its extended position, said connection will compress said coiled spring whereby said coiled spring will normally bias said stylus back toward said retracted position as taught by Hensler for the purpose of automatically returning the stylus to initial position to prevent the obstruct the normal suctioning (Hensler, ¶0053).
Response to Arguments
Applicant’s arguments, see remark, filed 12/22/2025, with respect to the rejection(s) of claim(s) 10 under 102 using Riordan have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Riordan in view of Salehi.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783