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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 4/13/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 8, 12, 15, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kelleher et al. (US 5,762,069, hereinafter Kelleher).
For claim 1, Kelleher discloses a tissue separation device (Figs 9-28) (Cols 8-14), comprising inter alia:
an elongate body (50) (Figs 9-28) (Cols 8-14) extending along an axis, the elongate body comprising: a proximal end portion (left end portion Fig 1); and a distal end portion (right end portion Fig 26);
a tissue separator (54) (Figs 9-28) (Cols 8-14) directly coupled to the distal end portion, the tissue separator configured to engage sample tissue for retrieval (Figs 9-28) (Cols 8-14); and
a pressure-applying device (106) (Figs 9-28) (Cols 8-14) directly coupled to one or both of the elongate body and the tissue separator (Figs 9-28) (Cols 8-14) and that is configured to bias the tissue separator against the sample tissue by urging the tissue separator radially away from the axis and toward the sample tissue(Figs 9-28, especially 26) (Cols 8-14).
For claim 2, Kelleher discloses the tissue separation device of claim 1, further comprising a release mechanism (66) to selectively activate the pressure-applying device from the proximal end portion of the elongate body (Figs 9-28) (Cols 8-14).
For claim 3, Kelleher discloses the tissue separation device of claim 2, further comprising a container (110) (Figs 9-28) (Cols 8-14) to receive tissue retrieved by the tissue separator (Figs 9-28) (Cols 8-14), wherein the container is located within the tissue separator (Figs 9-28, especially 22-28) (Cols 8-14).
For claim 4, Kelleher discloses the tissue separation device of claim 3, wherein the tissue separator comprises a scraping device (166) (Figs 9-28) (Cols 8-14) radially offset from the elongate body (especially when 122a and 122b pivot).
For claim 8, Kelleher discloses the tissue separation device of claim 3, wherein the tissue separator comprises a penetrating device (Figs 9-28) (Cols 8-14).
For claim 12, Kelleher discloses the tissue separation device of claim 3, wherein the pressure-applying device comprises a biased actuator (106) (Figs 9-28) (Cols 8-14).
For claim 15, Kelleher discloses the tissue separation device of claim 3, wherein the pressure-applying device comprises an expandable body (via tensioning and compressing) (Figs 9-28) (Cols 8-14).
For claim 18, Kelleher discloses the tissue separation device of claim 3, further comprising a shield (174) configured to selectively cover the tissue separator (Figs 9-28) (Cols 8-14).
For claim 19, Kelleher discloses the tissue separation device of claim 3, wherein the container is resiliently flexible (Figs 9-28) (Cols 8-14).
For claim 20, Kelleher discloses the tissue separation device of claim 1, further comprising: an endoscope (172) (Figs 9-28) (Cols 8-14) comprising a first longitudinal passage (passage for 178) (Figs 9-28) (Cols 8-14); and an auxiliary scope (178) comprising a second radially offset longitudinal passage (174), where the auxiliary scope is configured to slide in the first longitudinal passage (Figs 9-28) (Cols 8-14); wherein the tissue separation device is configured to slide in the second longitudinal passage (Fig 26).
Allowable Subject Matter
Claims 5, 7, 9, 10, 13, 14, 16, and 17 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.
Response to Arguments
Applicant’s arguments, see pages 8-18, filed 4/13/26, with respect to the amended claim(s) overcoming the previous prior art rejections 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 in view of Kelleher.
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 Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm 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, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
