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 .
Response to Amendment
The claims filed on May 6th, 2026, have been entered. Claims 1-4 and 6-18 remain pending in the Application. Claims 8-18 were previously withdrawn by the Applicant. The claim amendments have resulted in the withdrawal of the 112(f) interpretation.
Response to Arguments
Applicant's arguments filed May 6th, 2026, have been fully considered but they are not persuasive.
Applicant argues that Mumaw et al. (Pub. No. 2016/0367239) does not disclose the limitation “the articulating portion to pivot the end effector in a vertical direction relative to the shaft when the handle is facing down” because the rotational bearing 24 is located distally of the articulation joint 23, so rotating the cartridge receiving assembly 50 via 24 only rotates the end effector instead of 23, as 23 is constrained by pins 23B and 23C to pivot exclusively in a lateral plane relative to the shaft 20 and handle 10 ([0062]). Examiner respectfully disagrees. In [0062], Mumaw et al. discusses how the rotary knob 14 is operable to turn assembly 50 about joint 23 relative to shaft 20. The claim language does not require 23 to rotate; the claim only needs 23 to be capable of pivoting the end effector, represented by assembly 50 in Mumaw et al. Regarding the orientation of the handle, Mumaw et al. in [0061] discloses that the third input 16 can be used to rotate 30 about shaft 20, where the articulation rotates the cartridge receiving assembly 50 relative to the longitudinal axis of 20. When 16 articulates 20 by ninety degrees, the left and right articulation of 50 will become an up and down articulation relative to the longitudinal axis of 20 based on the position of the handle, which will still be facing down as shown in FIG. 1.
The added limitation “to curve in correspondence with a curve at a back of a mouth and pharynx” also does not overcome Mumaw et al. because, as functional language, the arc of about 180 degrees only needs to be capable of curving to the back of the mouth and pharynx, and turning 50 down to create a 90 degree angle between 10 and 50 will correspond with the back of someone’s mouth and pharynx.
Claim Objections
Claim 3 is objected to because of the following informalities: in line 3 of claim 3, “an arc” should read “the arc” for consistency with claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mumaw et al. (Pub. No. 2016/0367239).
Regarding claim 1, Mumaw et al. discloses a clip application device (2; [0059]; FIG. 1) comprising:
a handle (10) including an actuator (12);
a shaft (20) extending from the handle and including an articulating portion (23); and
an end effector (50; [0062]) extending distally of the articulating portion (FIG. 1: 50 extends distally from 23),
wherein the end effector is configured to apply at least one clip in response to manual actuation of the actuator ([0090] when 12 is pulled, 50 manipulates 200 to apply surgical clip 220 to tissue),
the articulating portion is configured to pivot the end effector through an arc of about 180 degrees in relation to the shaft ([0062] manual adjustments of 14 cause 50 to pivot left and right relative to 20 i.e. through an arc of 180 degrees relative to 20) via an articulation adjustment knob(14; [0062]; FIG. 1), and
the arc of about 180 degrees occurs in a vertical direction relative to the shaft when the handle is facing down ([0061] manual adjustments of 16 cause the left and right movement of 50 relative to 20 to become up and down relative to the downward position of the handle 10 shown in FIG. 1) to curve in correspondence with a curve at a back of a mouth and pharynx (as explained above in the Response to Arguments, the orientation of 50 relative to 10 when pivoted downward will correspond with a subject’s mouth and pharynx).
Regarding claim 2, Mumaw et al. further discloses the clip application device is a multi-fire clip applier ([0095] 200 has four clips 220a, 220b, 220c, and 220d; FIGs. 13-14A) that is configured to apply multiple clips in response to multiple manual actuations of the actuator ([0103] and FIGs. 14A-14C: 220a is deployed by a first actuation of 12, then 220b is deployed by another actuation of 12).
Regarding claim 3, Mumaw et al. further discloses the articulation adjustment knob operatively coupled to the articulating portion ([0062] 14 is manually operated to manipulate 23) and configured to enable manual adjustment of the end effector’s pivot through an arc of about 180 degrees in relation to the shaft ([0062] manual adjustments of 14 cause 23 to pivot 50 and 200 left and right around 20, including through an arc of 180 degrees relative to 20).
Regarding claim 4, Mumaw et al. further discloses manual adjustments of the articulation adjustment knob causes the articulating portion to pivot the end effector in relation to the shaft ([0062] manual adjustments of 14 cause 23 to pivot 50 and 200 around 20).
Regarding claim 6, Mumaw et al. further discloses the articulation adjustment knob is movably coupled to the handle ([0062] 14 can be rotated relative to 10, and is coupled to 10; FIG. 1).
Regarding claim 7, Mumaw et al. further discloses the manual actuation of the actuator comprises squeezing the actuator ([0061] 12 is a trigger which the operator squeezes to actuate the device).
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 JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
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