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
Newly submitted claims 21-27 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Invention I (Claims 1-10 and 19-20) and Invention II (Claims 21-27) are directed to related inventions. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed are mutually exclusive in that Invention I is not directed to wherein the suction tube comprises a plurality of holes for carrying out aspiration at a target site inside the patient's body, and Invention II is not directed to wherein the suction tube comprises an internal cavity protected by the outer sheath and the cap, and wherein the cap is structured to open in response to a force generated by the guidewire and applied through the suction tube. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(A) Separate classification thereof: This shows that each invention has attained recognition in the art as a separate subject for inventive effort, and also a separate field of search. Patents need not be cited to show separate classification.
(B) A separate status in the art when they are classifiable together: Even though they are classified together, each invention can be shown to have formed a separate subject for inventive effort when the examiner can show a recognition of separate inventive effort by inventors. Separate status in the art may be shown by citing patents which are evidence of such separate status, and also of a separate field of search.
(C) A different field of search: Where it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention(s) (e.g., searching different classes/subclasses or electronic resources, or employing different search queries, a different field of search is shown, even though the two are classified together. The indicated different field of search must in fact be pertinent to the type of subject matter covered by the claims. Patents need not be cited to show different fields of search.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-27 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Amendment Entered
In response to the amendment filed on June 22nd, 2026, amended claims 1-3, 5, 7-8, 11, and 19-20 are entered. Claims 12-18 are canceled. Claims 11 and 21-27 are withdrawn from consideration. Claims 1-10 and 19-20 are currently under examination.
Response to Arguments
Applicant's remarks and amendments with respect to the abstract objection have been fully considered. The objection is withdrawn in view of the amendment.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections are withdrawn in view of the amendment.
Applicant’s arguments, filed on June 22nd, 2026, with respect to the rejections under 35 U.S.C. 102 and 103 have been fully considered. Although not fully persuasive, the rejections are withdrawn and further clarified in view of the amendment.
At Pgs. 11-12 of the Reply, Applicant argues that “Schmidt fails to teach or suggest a handle coupled to the second end of the outer sheath, as recited in amened claim 1”. Examiner agrees, and a new rejection has been made.
At Pgs. 12-13 of the Reply, Applicant argues that “Schmidt fails to teach or suggest that the cap is structured to open in response to a force generated by the guidewire and applied through the suction tube, as recited in claim 1”. Examiner respectfully disagrees. As previously argued, [0043] of Schmidt teaches wherein the “cap 62 can be forced open by distal advancement of the device 10 within the sheath 60”. Currently, the claim limitations are recited broadly enough that [0043] of Schmidt still qualifies the prior art to read on the claims. The cap being opened by distal advancement of the device within the sheath can be considered as a cap being structured to open in response to a force generated by the guidewire and applied through the suction tube.
At Pgs. 13-14 of the Reply, Applicant argues that “Schmidt fails to teach or suggest that the suction tube comprises at least one hole or a plurality of holes for carrying out aspiration at a target site inside the patient’s body to aspirate liquid, as recited in amended claim 5”. Examiner respectfully disagrees and would like to clarify that the limitation “for carrying out aspiration at a target site inside the patient’s body to aspirate liquid” is a recitation of the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
At Pgs. 15-16 of the Reply, Applicant argues that “Schmidt and Gazdzinski fail to teach or suggest that the cap, which is separated from the suction tube when opened, comprises a material that is dissolvable in the body, as recited in amended claim 3”. Examiner agrees, and a new rejection has been made in view of the amendment.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (U.S. Publication No. 2003/0114796; cited by Applicant; previously cited) in view of Trusty (U.S. Publication No. 2009/0054728).
Regarding Claim 1, Schmidt discloses an endoscopic device for use in a patient's body (device and method for minimally invasive access to the pericardial space of a human; Abstract), comprising:
an outer sheath (exterior sheath 60) having a first end and a second end (exterior sheath 60 has a proximal end and a distal end; Figure 7);
a suction tube (guide tube 14) inside the outer sheath and configured to advance out of the outer sheath (a suction or aspiration force is applied to the lumen of the guide tube to form a bleb of pericardial tissue in the distal lumen of the guide tube. That is, the suction draws the bleb of pericardium into the distal port such that it passes through the lumen opening between the axial shoulders and extends proximal thereto; [0013]);
a removable guidewire (guidewire 19) encapsulated in the suction tube and configured to be pushed towards the first end of the outer sheath or pulled out of the suction tube towards the second end of the outer sheath (An axial lumen 20, is present throughout the length of penetrating body 12, opens distally at penetrating end 47 and proximally at the guide wire port 18 to provide a channel for passing guide wire 19 through the access device 10 into the pericardial space. The outside diameter of the penetrating body 12 should provide for axial mobility within the guide tube lumen 13. The inside diameter of the guide tube lumen 20 should allow for passage of the guide wire 19; [0038])
a handle (The handle region 16 can include a vacuum inlet assembly 17 and a guide wire port 18 for passing a guide wire 19 through the lumen 20 of penetrating body 12; [0030]); and
a cap (removable cap 62) on the first end of the outer sheath (cap 62 is shown on the proximal end of the outer sheath 60; Figure 7), positioned to seal the first end of the outer sheath (the exterior sheath 60 is reversibly sealed with a removable cap 62; [0032]; Figure 7),
wherein the suction tube comprises an internal cavity (lumen 13 of guide tube 14) protected by the outer sheath (exterior sheath 60) and the cap (removable cap 62) (Figures 7-8), and
wherein the cap is structured to open in response to a force generated by the guidewire and applied through the suction tube (The removable cap 62 can be forced open by distal advancement of the device 10 within the sheath 60; [0043]).
Schmidt fails to specifically disclose wherein the handle is coupled to the second end of the outer sheath.
In a similar technical field, Trusty teaches a manipulatable guide system and methods for natural orifice translumenal endoscopic surgery (Abstract), wherein the handle is coupled to the second end of the outer sheath (As can be seen in FIG. 1, the elongated hollow outer sheath 12 may further have a distal end 16 that is substantially steerable by control knobs 22 and 24 operably supported on the handle assembly 20; [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the handle teachings of Trusty into the invention of Schmidt in order to enable the clinician to perform a variety of different surgical procedures (Trusty [0039]).
Regarding Claim 2, Schmidt discloses wherein the cap comprises at least one of: plastic, glucose, or any other material that is nontoxic in the body (The distal penetrating end 47 of the penetrating body 12, including the piercing tip 45, should be prepared from a material that can resist deformation when functioning to pierce the pericardium. Suitable materials include, for example, stainless steel, titanium, titanium alloys, etc…if proximal segments are used they can be prepared from any material which is sufficient to maintain a guidewire lumen and function to advance the piercing tip 45 into the pericardium, such as, plastic, stainless steel, titanium, titanium alloy, ceramic, etc; [0039]).
Regarding Claim 4, Schmidt discloses wherein the force comprises at least air pressure, water pressure, or sterile gases, or any combination of air pressure, water pressure, and/or sterile gases exerted by the guidewire that is configured to deploy through a middle of the suction tube (The removable cap 62 can be forced open by distal advancement of the device 10 within the sheath 60; [0043]; Figure 7; Examiner’s Note: The distal advancement of the guidewire would create air pressure through the middle portion of the suction tube).
Regarding Claim 5, Schmidt discloses wherein the suction tube comprises at least one hole (open end at bottom of guide tube 14; Figure 6) or a plurality of holes for carrying out aspiration at a target site inside the patient's body to aspirate liquid (aspiration is applied to create a suction force (arrow B) to the lumen 13 of guide tube 14 to form a bleb 40 of parietal pericardium 41 which surrounds the heart 42; [0036]; Figure 6; Examiner’s Note: The limitation “for carrying out aspiration at a target site inside the patient’s body to aspirate liquid” is a recitation of the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations).
Regarding Claim 6, Schmidt fails to specifically disclose wherein the outer sheath comprises a metal coil.
In a similar technical field, Trusty teaches a manipulatable guide system and methods for natural orifice translumenal endoscopic surgery (Abstract), wherein the outer sheath comprises a metal coil (the hollow outer sheath 12 may be fabricated from, for example, plastic, Teflon® or rubber inner/outer sheath material and a metallic, plastic, or composite coil pipe or extruded insertion tube; [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the metal coil teachings of Trusty into the invention of Schmidt in order to provide some axial and rotational stiffness to allow for push/pull and rotation of the outer sheath (Trusty [0030]).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Trusty and Mobasser et al (U.S. Publication No. 2014/0031668; cited by Applicant; previously cited).
Regarding Claim 19, Schmidt discloses a system comprising:
an endoscopic device (insertion of an endoscope into the thoracic cavity; [0042]) comprising:
an outer sheath (exterior sheath 60) having a first end and a second end (exterior sheath 60 has a proximal end and a distal end; Figure 7);
a suction tube (guide tube 14) inside the outer sheath and configured to advance out of the outer sheath (a suction or aspiration force is applied to the lumen of the guide tube to form a bleb of pericardial tissue in the distal lumen of the guide tube. That is, the suction draws the bleb of pericardium into the distal port such that it passes through the lumen opening between the axial shoulders and extends proximal thereto; [0013]);
a removable guidewire (guidewire 19) encapsulated in the suction tube and configured to be pushed towards the first end of the outer sheath or pulled out of the suction tube towards the second end of the outer sheath (An axial lumen 20, is present throughout the length of penetrating body 12, opens distally at penetrating end 47 and proximally at the guide wire port 18 to provide a channel for passing guide wire 19 through the access device 10 into the pericardial space. The outside diameter of the penetrating body 12 should provide for axial mobility within the guide tube lumen 13. The inside diameter of the guide tube lumen 20 should allow for passage of the guide wire 19; [0038]);
a handle (The handle region 16 can include a vacuum inlet assembly 17 and a guide wire port 18 for passing a guide wire 19 through the lumen 20 of penetrating body 12; [0030]); and
a cap (removable cap 62) on the first end of the outer sheath (cap 62 is shown on the proximal end of the outer sheath 60; Figure 7) and positioned to seal the first end of the outer sheath (the exterior sheath 60 is reversibly sealed with a removable cap 62; [0032]; Figure 7),
wherein the suction tube comprises an internal cavity (lumen 13 of guide tube 14) protected by the outer sheath (exterior sheath 60) and the cap (removable cap 62) (Figures 7-8), and
wherein the cap is structured to open in response to a force generated by the guidewire and applied through the suction tube (The removable cap 62 can be forced open by distal advancement of the device 10 within the sheath 60; [0043]).
Schmidt fails to specifically disclose wherein the handle is coupled to the second end of the outer sheath.
In a similar technical field, Trusty teaches a manipulatable guide system and methods for natural orifice translumenal endoscopic surgery (Abstract), wherein the handle is coupled to the second end of the outer sheath (As can be seen in FIG. 1, the elongated hollow outer sheath 12 may further have a distal end 16 that is substantially steerable by control knobs 22 and 24 operably supported on the handle assembly 20; [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the handle teachings of Trusty into the invention of Schmidt in order to enable the clinician to perform a variety of different surgical procedures (Trusty [0039]).
Schmidt and Trusty fail to specifically disclose a network; a monitor computer; a hosted server; and a database, wherein the network, the monitor computer, the hosted server, the database are all coupled to each other via communication links.
In a similar technical field, Mobasser discloses surgical and medical instrument tracking using a depth-sensing device (Abstract), comprising
a network (Computer system 1010 includes…Fibre Channel network 1090; [0070]; Figure 9);
a monitor computer (display their location relative to the patient's radiographic anatomy on a computer monitor; [0043]; display 202 or monitor, such as a high resolution monitor or other device; [0053]; Computer system 1010 includes…display screen 1024; [0070]);
a hosted server (Modem 1047 may provide a direct connection to a remote server via a telephone link or to the Internet via an Internet service provider (ISP). Network interface 1048 may provide a direct connection to a remote server; [0072]; a network architecture 1100 in which client systems 1110, 1120 and 1130, as well as storage servers 1140A and 1140B…such a client allows client systems 1110, 1120, and 1130 to access data hosted by storage server 1140A or 1140B; [0074-0075]);
a database (it may be advantageous for the memory 208 to have a database of instruments available to the surgeon. The database may have specification information regarding the various available instruments including, for example, length, width, height, circumference, angles, and the like such that even if only a portion of the instrument is visible, processor 204 or 320 can determine the orientation and hence the location of the entire instrument. In one exemplary embodiment, the processor obtains, for example, a set of dimensions of the visible instrument 212 and compares the same to a database of instrument dimensions stored in memory 208; [0060]),
wherein the network, the monitor computer, the hosted server, the database are all coupled to each other via communication links (Computer system 1010 includes a bus 1012 which interconnects major subsystems of computer system 1010, such as a central processor 1014, a system memory 1017…Bus 1012 allows data communication between central processor 1014 and system memory 1017…applications can be in the form of electronic signals modulated in accordance with the application and data communication technology when accessed via network modem 1047 or interface 1048; [0070-0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the computer network teachings of Mobasser into those of Schmidt and Trusty in order to provide centralized monitoring, feedback, and/or input for multiple procedures occurring either in the same procedure or operating room, in different operating rooms in the same building or campus, or located at multiple locations and facilities (Mobasser [0058]).
Regarding Claim 20, Schmidt discloses an endoscopic device (Abstract), removing the cap (The removable cap 62 can be forced open by distal advancement of the device 10 within the sheath 60; [0043]); deploying the suction tube (The removable cap 62 can be forced open by distal advancement of the device 10 within the sheath 60; [0043]); and carrying out an aspiration inside a patient’s body via at least one hole or a plurality of holes of the suction tube in order to collect a sample from the patient's body (a suction or aspiration force is applied to the lumen of the guide tube to form a bleb of pericardial tissue in the distal lumen of the guide tube; [0013]).
Schmidt and Trusty fail to disclose, wherein each of the endoscopic device, the monitor computer, the hosted server, and the database comprises a computer-readable medium tangibly embodying a computer readable program code having computer readable instructions.
Mobasser discloses wherein each of the endoscopic device (the invention may be used and have particular application in conjunction with other procedures, such as, for example, biopsies, endoscopic procedures, orthopedic surgeries, other medical procedure; [0037]), the monitor computer (display their location relative to the patient's radiographic anatomy on a computer monitor; [0043]; display 202 or monitor, such as a high resolution monitor or other device; [0053]; Computer system 1010 includes…display screen 1024; [0070]), the hosted server (Modem 1047 may provide a direct connection to a remote server via a telephone link or to the Internet via an Internet service provider (ISP). Network interface 1048 may provide a direct connection to a remote server; [0072]; a network architecture 1100 in which client systems 1110, 1120 and 1130, as well as storage servers 1140A and 1140B…such a client allows client systems 1110, 1120, and 1130 to access data hosted by storage server 1140A or 1140B; [0074-0075]), and the database (it may be advantageous for the memory 208 to have a database of instruments available to the surgeon. The database may have specification information regarding the various available instruments including, for example, length, width, height, circumference, angles, and the like such that even if only a portion of the instrument is visible, processor 204 or 320 can determine the orientation and hence the location of the entire instrument. In one exemplary embodiment, the processor obtains, for example, a set of dimensions of the visible instrument 212 and compares the same to a database of instrument dimensions stored in memory 208; [0060]) comprises a computer-readable medium tangibly embodying a computer readable program code having computer readable instructions (Applications resident with computer system 1010 are generally stored on and accessed via a computer readable medium, such as a hard disk drive (e.g., fixed disk 1044), an optical drive (e.g., optical drive 1040), a floppy disk unit 1037, or other storage medium. Additionally, applications can be in the form of electronic signals modulated in accordance with the application and data communication technology when accessed via network modem 1047 or interface 1048; [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the computer readable medium teachings of Mobasser into those of Schmidt and Trusty in order to store digital data or software instructions in a structured format that computers can automatically read, process, and interpret.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt and Trusty, as applied to Claim 1 above, and further in view of Brown et al (U.S. Publication No. 2019/0083177).
Regarding Claim 3, Schmidt and Trusty fail to disclose wherein the cap, which is separated from the suction tube when opened, comprises a material that is dissolvable in the body.
In a similar technical field, Brown teaches protective caps of (Abstract), wherein the cap, which is separated from the suction tube when opened, comprises a material that is dissolvable in the body (a single-use protective cap 10 in the form of a sleeve arranged to fit over a front tip portion of the optical fiber 1 to protect the scope during insertion of the fiber, and to dissolve upon contact with bodily fluids or be blown off during lasing; [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the cap teachings of Brown into those of Schmidt and Trusty in order to protect the scope during insertion of the fiber (Brown [0083]) and so that the protective cap will harmlessly dissolve and not pose a risk to the patient after removal (Brown [0085]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt and Trusty, as applied to Claim 1 above, and further in view of Annest et al (WO 2009/046343 A1; cited by Applicant; previously cited).
Regarding Claim 7, Schmidt and Trusty fail to disclose an inflatable balloon that is stored near the first end of the outer sheath and is configured to deploy outside the outer sheath by a force exerted by the guidewire that is configured to deploy through a middle of the suction tube.
In a similar technical field, Annest discloses medical devices, systems, and methods for treating dysfunctional cardiac tissue (Abstract), comprising: an inflatable balloon (balloon 575) that is stored near the first end of the outer sheath (As shown in Fig. 14, balloon 575 is expanded; [0086]; Figures 13-15) and is configured to deploy outside the outer sheath by a force exerted by the guidewire (Fig. 13 shows introducer catheter 560 with balloon dilator 570 advanced over guidewire 511; [0086]) that is configured to deploy through a middle of the suction tube (A guidewire or dilator may be advanced through device lumen 12525 while suction may be affected through suction lumen 12515 to stabilize second catheter sheath 12510; [0135]; Figures 125A-125C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the inflatable balloon teachings of Annest into those of Schmidt and Trusty in order to facilitate distal advancement of the system through the heart wall (Annest [0086]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt and Trusty, as applied to Claim 1 above, and further in view of Fung et al (U.S. Publication No. 2014/0303721; cited by Applicant; previously cited).
Regarding Claim 8, Schmidt and Trusty fail to disclose an elliptical basket that is stored near the first end of the outer sheath and is configured to deploy outside the outer sheath by a force exerted by the guidewire that is configured to deploy through a middle of the suction tube.
In a similar technical field, Fung discloses methods and devices for accessing and delivering devices (Abstract), comprising: an elliptical basket that is stored near the first end of the outer sheath and is configured to deploy outside the outer sheath (Expandable members (1532) and (1534) may be any suitable expandable structure, such as those described above (e.g., a balloon, an expandable mesh, basket, cage, or the like); [0114]; Figure 15D) by a force exerted by the guidewire (The lumen (706) may be configured for the passage of tools or fluids therethrough. For example, the lumen (706) may provide for the passage of a guide element (with or without an alignment member), a guidewire, a tissue-access device, a suture cutter, fluids and/or drugs, and the like; [0075]) that is configured to deploy through a middle of the suction tube (the access devices may be used to assist in the positioning and operation of devices within the heart…a piercing member and guide wire may be advanced thereto and create an access site in the left atrial appendage as previously described; [0062]; [0126]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the expandable basket teachings of Fung into those of Schmidt and Trusty in order to provide access of the interior and exterior of the heart, as well as the delivery of devices from the exterior to the interior of the heart, and vice versa (Fung [0062]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt and Trusty, as applied to Claim 1 above, and further in view of Chikama (U.S. Patent No. 5,154,166; cited by Applicant; previously cited).
Regarding Claim 9, Schmidt discloses wherein the handle is configured to be connected to a syringe filled with gas (The handle region 16 can include a vacuum inlet assembly 17 and a guide wire port 18 for passing a guide wire 19 through the lumen 20 of penetrating body 12; [0030]).
Schmidt and Trusty fail to specifically disclose wherein the syringe is connected to the suction tube in order to remove the cap through gas pressure generated by the syringe.
In a similar technical field, Chikama discloses an endoscope cover (Abstract), wherein the syringe is connected to the suction tube in order to remove the cap through gas pressure generated by the syringe (air is injected into the covering member 7 from the air-injecting opening 7a to separate the endoscope cover from the endoscope; Column 4 Lines 38-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the gas pressure teachings of Chikama into those of Schmidt and Trusty in order to facilitate removal of the cover without contaminating the endoscope (Chikama Column 4 Lines 38-50).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt, Trusty, and Chikama as applied to claim 9 above, and further in view of Parker et al (WO 2012/051545 A2; cited by Applicant; previously cited).
Regarding Claim 10, Schmidt, Trusty, and Chikama fail to disclose wherein the gas is an inert gas.
In a similar technical field, Parker discloses an endoscopic sheath assembly (Abstract), wherein the gas is an inert gas (A source of air (or other gas, such as helium) can then be used to pressurize the scope lumen 44; [0051]; Examiner’s Note: Helium is an inert gas).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the inert gas teachings of Parker into those of Schmidt, Trusty, and Chikama in order to prevent unwanted chemical reactions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J YOON whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791
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