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 .
Claim Rejections - 35 USC § 102
(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.
Claims 1 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arratia (US 20190134357).
Regarding claim 1, Arratia discloses a device for manipulating a guidewire for surgery comprising: a housing (Fig. 10a: 510) adapted to receive a wire partially insertable into a patient at an incision site (guidewire 20), the housing having a slot (see annotated Fig. 10b below) receiving a center portion of the wire between a proximal end and distal end of the wire (Fig. 1a: central portion of wire 20 received in device) wherein the wire is positionable to extend on a central axis of the housing (Fig. 1a: wire 20 extending and sliding about central axis of device); the housing supporting a clamp assembly having a pincher (Fig. 10b: 521) and a biasing member (Fig. 10b: 524) configured to apply a biasing force on the pincher to bias the pincher to contact the wire at an at least one discrete pinch area to prevent movement of the wire with respect to the pincher (para. [0084], sentences 3-4).
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Regarding claim 13, Arratia discloses the device of claim 1, as described above, wherein the clamp assembly comprises a jaw (Fig. 10b: jaw 501B and 501A) supporting the pincher (Fig. 10b: jaw 501B supporting 521) and movable against the biasing force of the biasing member (Fig. 10b: 501moving and providing force against 524 about point P).
Regarding claim 14, Arratia discloses the device of claim 13, as described above, wherein the jaw comprises an upper arm opposite a lower arm (see annotated Fig. 10b above).
Regarding claim 15, Arratia discloses the device of claim 14, as described above, wherein at least one of the upper arm and lower arm support the pincher (Fig. 10b: upper arm supports pincher 521) and the other of the upper arm and lower arm support the biasing member (Fig. 10b: lower arm supports biasing member 524).
Claims 1-5, 9, 10, 12, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Urmey (US 7699809).
Regarding claim 1, Urmey discloses a device for manipulating a guidewire for surgery comprising: a housing (Fig. 1: 36) adapted to receive a wire (Fig. 1: 14) partially insertable into a patient at an incision site (Fig. 5: 14 within inserted into patient 50 at site 48), the housing having a slot (Fig. 1: 38) receiving a center portion of the wire between a proximal end and distal end of the wire (Fig. 1: center portion of 14 within slot 38) wherein the wire is positionable to extend on a central axis of the housing (Fig. 1: 14, 12 and 38 extend along central axis of 36); the housing supporting a clamp assembly (Fig. 1: assembly 40+42+44+46) having a pincher (see annotated Fig. 1 below) and a biasing member (see annotated Fig. 1 below; also col. 5, lines 64-67, the biasing member being the opposite portion of the bore) configured to apply a biasing force on the pincher to bias the pincher to contact the wire at an at least one discrete pinch area (Fig. 1, showing compression of the pincher at a discrete area) to prevent movement of the wire with respect to the pincher (col. 4, lines 50-54).
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Regarding claim 2, Urmey discloses the device of claim 1, as described above, wherein the housing is substantially cylindrical extending along the central axis of the housing (Fig. 4: 36 being cylindrical along the same axis as 12).
Regarding claim 3, Urmey discloses the device of claim 2, as described above, wherein the housing has at least two opposed flattened outer surfaces (Fig. 4: 36 having a cylindrical shape has flat surfaces at the distal and proximal ends).
Regarding claim 4, Urmey discloses the device of claim 2, as described above, wherein the housing is substantially concentric about an axis of the wire (Fig. 4: 36 is cylindrical and therefore concentric about the axis of 12).
Regarding claim 5, Urmey discloses the device of claim 1, as described above, wherein the slot extends from a sidewall of the housing to the central axis (see annotated Fig. 1 above).
Regarding claim 9, Urmey discloses the device of claim 1, as described above, wherein the at least one discrete pinch area are discrete points on the wire (Fig. 1: pinch area defined by the bases of 40 and 38 pinching at a discrete point on wire 14).
Regarding claim 10, Urmey discloses the device of claim 1, as described above, wherein the pincher includes at least one outwardly extending tooth (Fig. 1: tooth 46 extending outward from pincher).
Regarding claim 12, Urmey discloses the device of claim 1, as described above, wherein the biasing member includes at least one spring (Fig. 1: spring 44).
Regarding claim 16, Urmey discloses the device of claim 1, as described above, further comprising a button (Fig. 1: button 42) pressable by a human finger to move the pincher against the biasing force of the biasing member (Fig. 4: button 42 pressed by finger for pincher actuation).
Regarding claim 17, Urmey discloses a method for manipulating a guidewire having a central portion between a proximal end and distal end of the guidewire for surgery comprising: inserting the proximal end of the guidewire into a patient at an incision site (Figs. 4 and 5: guidewire 14 within 12 inserted into patient’s skin 50 at incision site 48; col. 6, lines 12-15), inserting the central portion of the guidewire into a slot of a housing wherein the guidewire is positionable to extend on a center axis of the housing (Figs. 4 and 5: the central portion of the wire within 12 is inserted in the slot 38 of 36); and clamping a clamp assembly to contact the guidewire at an at least one discrete pinch area (col. 6, lines 15-30).
Regarding claim 18, Urmey discloses the method of claim 17, as described above, wherein the clamp assembly applies a biasing force to contact the guidewire at the at least one discrete pinch area (Fig. 1: pinch area defined by the bases of 40 and 38 pinching at a discrete point on wire 14).
Regarding claim 19, Urmey discloses the method of claim 18, as described above, further comprising pressing a button (Fig. 1: button 42) to apply a force against the biasing force of the clamp assembly to release the guidewire at the at least one discrete pinch area (Fig. 4: button 42 pressed by finger for pincher actuation).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Urmey (US 7699809) in view of Berul (US 20210001086).
Regarding claim 6, Urmey discloses the device of claim 5, as described above, but fails to explicitly disclose the height dimension of the slot (here interpreted as the dimension extending perpendicularly from the central axis). However, Urmey does disclose this height of the slot as being essentially that of the diameter of the catheter disposed therein (Fig. 1: slot height is the same as the diameter of 24).
Berul teaches an analogous wire pinching device, wherein the diameter of the catheter that is accommodated by the device is disclosed as having a diameter between 1 mm to 3 mm (para. [0086], sentence 2). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Urmey device and assembly by using the catheter with the dimensions of that taught by Berul in order to use a very thin catheter/wire assembly for precise stimulation, such that the slot of Urmey to accommodate this catheter has a height that is between 1 mm to 3 mm.
Claims 7, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Urmey (US 7699809) in view of Mar (US 4726369).
Regarding claim 7, Urmey discloses the device of claim 1, as described above, but fails to disclose a groove formed on the inner wall of the slot.
Mar teaches an analogous wire pinching device, further comprising a groove (Fig. 3: groove 13) formed on an inner wall of the slot (Figs. 1 and 3: cylindrical slot along the center of the device where wire 14 sits) and receiving the wire substantially on the central axis (Fig. 3: wire 14 is received in groove and slot along the central axis of the device). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Urmey device by incorporating the groove and its placement, taught by Mar, in order for the groove to allow for the wire to be loaded through the side of the device and into the central slot, as allowed by the Mar device, to allow for easy attachment and removal of the device from the wire during use, without causing the wire to move too much.
Regarding claim 8, Urmey in view of Mar teaches the device of claim 7, as described above, wherein the groove is V-shaped (Mar: Fig. 3: “V” shape of 13).
Regarding claim 20, Urmey discloses the method of claim 17, as described above, but fails to disclose a groove formed on the inner wall of the slot.
Mar teaches an analogous wire pinching device, further comprising a groove (Fig. 3: groove 13) formed on an inner wall of the slot (Figs. 1 and 3: cylindrical slot along the center of the device where wire 14 sits) and receiving the wire substantially on the central axis (Fig. 3: wire 14 is received in groove and slot along the central axis of the device), wherein the groove extends on the center axis of the housing (Fig. 1: groove extends along central axis of device). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Urmey device by incorporating the groove and its placement, taught by Mar, in order for the groove to allow for the wire to be loaded through the side of the device and into the central slot such that the guidewire is inserted into the groove of the slot, as allowed by the Mar device, to allow for easy attachment and removal of the device from the wire during use, without causing the wire to move too much.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Urmey (US 7699809) in view of Arratia (US 20190134357).
Regarding claim 11, Urmey discloses the device of claim 10, as described above, but fails to disclose a second tooth on the pincher.
Arratia teaches an analogous wire pinching device (Fig. 10b: 500), wherein the pincher (Fig. 10b: 501B) includes a tooth (Fig. 10b: 521) on its inner facing surface, to contact the wire with (para. [0084], sentences 3-4). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the tooth (521) taught by Arratia to the inner surface of the Urmey pincher, in order to provide an inner surface of the pincher that provides contact around more of the wire than a flat surface alone, in order to have better hold of the wire and prevent against its bending (para. [0084], sentence 4). The resulting pincher would then include two teeth.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATERINA ANNA WITTLIFF whose telephone number is (703)756-4772. The examiner can normally be reached M-Th: 9-7ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL TSAI can be reached at 571-270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.W./Examiner, Art Unit 3783
/NATHAN R PRICE/Primary Examiner, Art Unit 3783