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 of Species IV (Fig. 6) in the reply filed on January 23, 2026 is acknowledged. Accordingly, claims 40-50 have been examined on the merits in this office action.
Drawings
The drawings are objected to because of heavy shading and faint lines making details difficult to understand (see for e.g. Fig. 1A, 2C, and 3A-3B).
The drawings are also objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed features of more than one flexible needle, more than one hollow punch, more than one inner channel, and more than one driver must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 40-50 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In claim 40, the recitations “one or more flexible needles,” “one or more hollow punches,” “one or more inner channels,” and “one or more drivers,” introduces a range without an upper limit. Applicant’s disclosure, shows only one of each element (see the objection to the Drawings in this office action).
Appropriate correction is required.
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 40-50 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.
In claim 40, the recitations “one or more flexible curved needles,” “one or more hollow punches”,” “one or more inner channels,” and “one or more drivers” renders the claim vague and indefinite because Applicant’s disclosure shows only one of each element. It is unclear how Applicant’s invention has more than one.
In claim 40, the recitation “one or more drivers configured to move the one or more flexible curved needles” renders the claim vague and indefinite because it is unclear how a needle is deployed. Based on Applicant’s disclosure, the driver is configured to push the plunger causing the curved needle to extend through the hollow punch.
In claim 48, the recitation “one or more drivers is further configured to extend the one or more hollow punches automatically” renders the claim vague and indefinite because it is unclear how the automatic operation is initiated.
In claim 49, the recitation “one or more drivers is further configured to extend the one or more hollow punches by manual operation” renders the claim vague and indefinite because the recitation “by manual operation” is incomplete. It is suggested that the interaction between the driver, plunger and the curved needle be recited for manual operation.
Appropriate correction is required.
Allowable Subject Matter
Claims 40-50 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 and the objection to the Drawings is overcome.
Primary reasons for indicating allowable subject matter: the closest prior art cited in the instant application, the attached PTO-892 and in the related application PCT/US21/62776 cite some features of Applicant’s claimed invention, either singly or in combination. However, no references or a reasonable combination thereof, could be found which disclose all the elements of Applicant’s claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm.
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, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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March 7, 2026
/Anu Ramana/Primary Examiner, Art Unit 3775