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 I in the reply filed on 5/4/26 is acknowledged.
Claims 12-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/4/26.
Claim Rejections - 35 USC § 102
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.
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 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaji et al US Patent 8,460,314B2.
Kaji et al discloses a method of cholecystitis treatment, comprising a step including contacting inner walls of a gallbladder to each other by constricting the gallbladder (see Figs. 13-15 showing part of the gallbladder constricted); and a second step including maintaining the inner walls of the gallbladder contacting to each other (see Figs. 13-15).
Regarding claim 4, see Figs. 13-15 wherein the process of joining the walls is to adhering the inner walls to each other.
Regarding claim 5, the removing content are the stones (see abstract).
Regarding claim 6, see col. 5, lines 13-14 disclosing the step of damaging the inner mucosa membrane.
Regarding claim 7, see col. 6, lines 34-36 disclosing the step of using a chemical to damage the membrane.
Regarding claim 8, see col. 7, lines 5-7 disclosing that during cauterization the tissue lost its function.
Allowable Subject Matter
Claims 2, 3, and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 6/22/26
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