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 Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection, necessitated by the amendments to the claims, does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-2, 4, 7-8, 10, and 20-23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Motai et al. (US 2018/0153539). Motai discloses a traction tool for performing a traction of a suture thread under a flexible endoscope, the traction tool comprising a first holder (25/22/100) configured to hold the suture thread or a suture needle attached to the suture thread (fig. 5); a second holder (50) having a hook (consider one of the jaws 51, which is considered a hook due to its distal end curvature; i.e., the curved distal end can be hooked about a piece of suture) configured to engage the suture thread such that the suture thread is capable of advancing and retracting and configured to release an engagement with the suture thread (figs. 3-7); wherein the second holder is configured to move along a longitudinal axis of the traction tool relative to the first holder, and the first holder is configured to accommodate the hook (see figs. 2-7, noting hook passes through first holder).
Regarding claim 2, Motai further discloses a sheath (10) and a rigid portion (21,22 considered “rigid” as it holds its shape) provided at a distal end of the sheath (see fig. 2), wherein the first holder is a needle holder having a first grasp member (22) disposed in the rigid portion (21,22) and a second grasp member (25) is configured to rotate relative to the first grasp member (figs. 4,5; note that “needle” before holder is considered a recitation of intended use), the first holder is configured to grasp a needle (capable of grasping needle in the same manner as it grasps suture and thus considered to read on “needle” holder), which is attached to the suture thread, between the first grasp member and the second grasp member, and the hook is inserted through the rigid portion and the first holder (see figs. 2-5).
Regarding claim 4, the hook is a protrusion (see examiner-annotated reproduction of a portion of fig. 2 below) extending in a direction intersecting a longitudinal axis of the second holder (50).
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Regarding claim 7, Motai discloses a traction tool for performing traction of a suture thread under a flexible endoscope, the traction tool comprising: a sheath (10), a rigid portion (21/22) provided at a distal end of the sheath (considered rigid as it holds its shape); a first holder (25,22,100) having a first grasp member (22) disposed in the rigid portion (21,22) and a second grasp member (25) provided in the hard portion so as to be turnable (about 21a; figs. 2, 4, 5), and the first holder being configured to grasp a needle (note: first holder can grasp a needle in the same way as it grasps suture in fig. 5), which is attached to the suture thread, between the first grasp member and the second grasp member; and a second holder (50/51) inserted into the rigid portion (see figs. 2, 4, 5), and configured to hold the suture thread such that the suture thread is capable of advancing and retracting (figs. 2, 4, 5; depending on direction of movement of second holder 50/51), wherein the second holder includes an engaging surface (surface of jaw 51) configured to engage the suture thread, and the second holder is configured to move along a longitudinal axis of the traction tool relative to the first holder, and the first holder is configured to accommodate the engaging surface (see figs. 2, 4, 5)..
Regarding claim 8, the engaging surface (51) configured to engage the suture thread such that the suture thread is capable of advancing and retracting and configured to release an engagement with the suture thread (figs. 2-5).
Regarding claim 10, the engaging surface is a protrusion (see examiner-annotated reproduction of a portion of fig. 2 provided above with respect to claim 4) extending in a direction intersecting a longitudinal axis of the second holder.
Regarding claim 20, the limitation “the suture thread is configured to be pulled into the needle holder in a state in which the suture thread is engaged on the hook” is a recitation of intended use and the prior art must only be capable of performing the claimed function in order to meet the limitation. Because the suture thread can be pulled into the open configuration of the needle holder (first holder 22/25/100) while the suture thread is engaged on the engaging surface 51 (see movement of second holder 50/51 from fig. 2 to fig. 4), it meets this functional limitation.
Regarding claim 21, the second holder (50/51) is rod-shaped (see fig. 2).
Regarding claim 22, the protrusion is configured to be retracted into the first holder (see figs. 2, 4, noting jaw 51, which includes the protrusion, is retracted into the first holder)).
Regarding claim 23, the protrusion is configured to be retracted into the rigid portion and the first holder (see figs. 2, 4).
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 KATHLEEN SONNETT HOLWERDA whose telephone number is (571)272-5576. The examiner can normally be reached M-F, 8-5, with alternate Fridays off.
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KSH 2/11/2026
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771