DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Office Action is responsive to the Amendment filed 07 May 2026. Claims 1, 3-9, 11, 12, 17, 19, and 21-28 are currently under consideration. The Office acknowledges the amendments to claims 1, 7, 8, and 19, as well as the cancellation of claims 2, 10, 13-16, 18, and 20, and the addition of new claims 21-28.
Terminal Disclaimer
The terminal disclaimer filed on 07 May 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Nos. 9,295,491, 9,295,856, 10,016,619, and 11,491,346 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claims 1, 8, 23, and 25 are objected to because of the following informalities:
In claim 1, line 6: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 1, line 7: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 1, line 8: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 8, line 2: “the first and second ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 23, line 2 (two instances): “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 23, line 3: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 25, line 5: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 25, line 6: “the ovoids” should apparently read --the first and second inflatable ovoids--.
In claim 25, line 7: “the ovoids” should apparently read --the first and second inflatable ovoids--.
Appropriate correction is required.
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 1, 3-9, 11, 12, 17, 19, and 25-28 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.
Claim 1 recites the limitation "the fornices" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 also recites the limitation "fornices" in line 16. It is not clear if this is intended to refer to the same fornices recited in line 8 or to separate fornices.
Claims 3-9, 11, 12, 17, and 19 are rejected by virtue of their dependence upon claim 1.
Claim 25 recites the limitation "the fornices" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 also recites the limitation "fornices" in line 8. It is not clear if this is intended to refer to the same fornices recited in line 7 or to separate fornices.
Claims 26-28 are rejected by virtue of their dependence upon claim 25.
Allowable Subject Matter
Claims 21-24 are allowed.
Claims 1, 3-9, 11, 12, 17, 19, and 25-28 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: neither Isham nor any other prior art of record teaches or reasonably suggests such systems for treating cervical and/or uterine cancers with such an intracavitary brachytherapy applicator with a tandem, inflatable ovoids, and an ovoid support mechanism, along with such first and second inflatable retractor balloons coupled (respectively) to first and second retractor catheters and first and second retractor supports that are releasably coupled to the ovoid assembly at different positions.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to the objection to the specification and the rejections under 35 U.S.C. 112(a), (b), and (d) have been fully considered and are persuasive in light of the amendments and claim cancelations. The objections and rejections have been withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 103 have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant’s arguments with respect to the double patenting rejections have been fully considered and are persuasive in light of the Terminal Disclaimer (detailed supra). The rejections have been withdrawn.
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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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