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
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 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.
Claims 1, 8-15, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohr (US 20160074117 A1).
Regarding claim 1, Mohr discloses a laparoscopic applicator 200, 800 for dispensing a substance (para. [0068]), at a selected site (para. [0068]) by means of an external surgical robotic arm 124 (para. [0066]), the laparoscopic applicator comprising: a delivery tube 801, 802 configured for holding the substance; and an applicator tip (i.e., distal end 204 as disclosed in para. [0068]) connected to a distal end-of the delivery tube (para. [0068]) configured for retaining a pressurized substance (i.e., the pressurized substance is pressurized by the syringe activator 1110, by forcing the liquid through 801, 802 in a controlled manner such that the substance doesn’t just leak out the distal tip, but is pushed through the tip; para. [0068]) the applicator tip configured for being controllably operated by the external robotic arm (para. [0068])-by: being spatially manipulated by the external robotic arm (para. [0067]), and controllably releasing the substance from the delivery tube at the applicator tip by the external robotic arm (para. [0068]).
Regarding claim 8, Mohr discloses the laparoscopic applicator according to claim 1. Mohr also discloses wherein the applicator further comprises at least one fluid source 820, 830 (which is part of 810; note also that para. [0065] discloses the device of Fig. 13 which includes the device 800) for holding a fluid (para. [0060]), said fluid source being in fluid connection with the delivery tube (para. [0068]).
Regarding claim 9, Mohr discloses the laparoscopic applicator according to claim 8. Mohr also discloses wherein the delivery tube 801 and the at least one fluid source 820 is configured to comprise the same substance (para. [0060; [0068]), such that the at least one fluid source constitutes a first substance reservoir (para. [0060]).
Regarding claim 10, Mohr discloses the laparoscopic applicator according to claim 9. Mohr also discloses comprising one or more second substance reservoirs 830, wherein the second substance reservoirs are detachably attached to the first substance reservoir via at least one auxiliary connector element 811, 812 (para. [0060]).
Regarding claim 11, Mohr discloses the laparoscopic applicator according to claim 8. Mohr also discloses wherein the at least one fluid source is configured to be pressurized (i.e., by way of plungers 822, 832 depressing and pressurizing the fluid to force it into 801, 802).
Regarding claim 12, Mohr discloses the laparoscopic applicator according to claim 1. Mohr also discloses wherein the applicator further comprises at least one pressure source 822, 832 configured for applying a pressure to the at least one fluid source and/or configured for applying a pressure to the inside of the delivery tube (i.e., by way of pushing the substance through 811 and into 801, 802).
Regarding claim 13, Mohr discloses the laparoscopic applicator according to claim 12, wherein the at least one pressure source is a drive mechanism selected from the group of: manual piston (i.e., could be manual 822, 832), motorized piston (i.e., could be motorized by depressing a button as disclosed by [0062], [0068]), spring force, and gas pressure.
Regarding claim 14, Mohr discloses a kit of parts comprising: a laparoscopic applicator 200, 800 according to claim 1, one or more pressure sources 822, 832, and optionally one or more fluid sources 820, 830.
Regarding claim 15, Mohr discloses a kit of parts comprising: a laparoscopic applicator according to claim 1; and a driver unit 820, 830 for holding: at least one fluid source for holding a fluid (para. [0060], [0068]), said fluid source being in fluid connection with the delivery tube (Fig. 8); and/or at least one pressure source 822, 832 configured for applying a pressure to the at least one fluid source (para. [0060]) and/or configured for applying a pressure to the inside of the delivery tube (para. [0060]).
Regarding claim 20, Mohr discloses the kit of parts according to claim 15. Mohr also discloses wherein the at least one pressure source is a motor (i.e., motor as disclosed by [0038] which controls 124, which in turn controls 822, 832).
Claims 1-7, 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Warren et al. (US 20030100824 A1).
Regarding claim 1, Warren discloses a laparoscopic applicator 10 for dispensing a substance (para. [0224]), at a selected site (para. [0224]) by means of an external surgical robotic arm (para. [0360]), the laparoscopic applicator comprising: a delivery tube 120 configured for holding the substance (para. [0222]); and an applicator tip 102 connected to a distal end-of the delivery tube (para. [0223]) configured for retaining a pressurized substance (para. [0223]) the applicator tip configured for being controllably operated by the external robotic arm (i.e., external robotic arm is not positively recited and as such the device must only be capable of using a robotic arm as disclosed by para. [0360] and according to [0223] the material can be dispensed from the distal end)-by: being spatially manipulated by the external robotic arm (i.e., via 900 as disclosed in para. [0059]), and controllably releasing the substance from the delivery tube at the applicator tip by the external robotic arm (para. [0223]).
Regarding claim 2, Warren discloses the laparoscopic applicator according to claim 1. Warren also discloses wherein the delivery tube and/or applicator tip (para. [0251]) has an inner diameter of less than 5 mm.
Regarding claim 3, Warren discloses the laparoscopic applicator according to claim 1. Warren also discloses wherein the applicator tip further comprises at least one valve 130 configured for releasing the substance from the delivery tube upon opening of said valve (para. [0224]), the at least one valve further configured to, in a closed state, retain the pressurized substance in the applicator tip (para. [0224]).
Regarding claim 4, Warren discloses the laparoscopic applicator according to claim 3. Warren also discloses wherein the applicator tip further comprises at least one actuator 144 configured to open and/or close the at least one valve (para. [0224]).
Regarding claim 5, Warren discloses the laparoscopic applicator according to claim 4. Warren also discloses wherein the at least one actuator is activated by pulling the actuator along a longitudinal axis of the tube/applicator tip (para. [0252] i.e., linear actuator) and/or by rotating the actuator around the longitudinal axis.
Regarding claim 6, Warren discloses the laparoscopic applicator according to claim 4. Warren also discloses wherein the at least one actuator is configured to, upon activation, send an electrical signal to a pressure source configured to exert a pressure sufficient to dispense the substance from the laparoscopic applicator (paras. [0231] discloses opening the valve in a controlled fashion which is based on the flow rate and thus based on pressure [0234] discloses a hydraulically and pneumatically controlled actuator).
Regarding claim 7, Warren discloses the laparoscopic applicator according to claim 1. Warren also discloses wherein the applicator tip further comprises a status indicator, said status indicator configured to indicate the remaining volume of substance in the applicator (i.e., para. [0239] at least by tracking time and thereby volume).
Regarding claim 16, Warren discloses the laparoscopic applicator according to claim 2. Warren also discloses wherein the inner diameter is less than 3 mm or less than 2 mm (para. [0251]).
Regarding claim 17, Warren discloses the laparoscopic applicator according to claim 3. Warren also discloses wherein the at least one valve is a pressure-activated valve (paras. [0232], [0252]).
Regarding claim 18, Warren discloses the laparoscopic applicator according to claim 6. Warren also discloses wherein the pressure source is a drive mechanism (i.e., linear actuator as disclosed in para. [0231]; i.e., note also para. [0241]).
Regarding claim 19, Warren discloses the laparoscopic applicator according to claim 7. Warren also discloses wherein the status indicator is in the form of light diodes (para. [0015] discloses using light diodes).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 5712724695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
/BROOKE LABRANCHE/ Primary Examiner, Art Unit 3771