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 1A/1C, embodiment drawn to Figures 1 and 3, and Species 2A, embodiment drawn to Figure 7A, in the reply filed on 11/5/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). The Examine respectfully agrees Species 1A and 1C should be combined, particularly in view of the drawings filed 11/5/25.
Applicant’s election without traverse of Species 1A/1C and Species 2A in the reply filed on 11/5/25 is acknowledged.
Claims 8, 9, 13-17, 19-22, 24, 26, and 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/5/25. The examiner respectfully notes claims 8, 9, 13-17, 19-22, 24, 26, and 27 and directed to the non-elected subject matter of at least Species 1D-1G, embodiments having protective sleeves and corresponding to Figures 8, 9, 12, and 17A-17B, respectively.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claim 1 is objected to because of the following informalities: the positive recitation of “a camera disposed within sensor base” may have been intended to read as “a camera disposed within the sensor base”. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5-7, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pandey et al. (7/5/25 IDS Foreign Patent cite No. B, WO 2020/044301 A1, hereinafter Pandey).
For claim 1, Pandey discloses an apparatus for conducting gynecological or proctological exams (Figs 1-2) (Pgs 9-10), comprising inter alia:
a sensor base (1) (Figs 1-2) (Pgs 9-10) having a proximal end and a distal end (Figs 1-2) (Pgs 9-10);
a light source (radial luminescence system) disposed within the sensor base (Figs 1-2) (Pgs 9-10);
a camera (7) (Figs 1-2) (Pgs 9-10) disposed within sensor base (Figs 1-2) (Pgs 9-10); and
a brush (5) (Figs 1-2) (Pgs 9-10) extending from the distal end of the sensor base and adapted to collect samples for testing (Figs 1-2) (Pgs 9-10).
For claim 5, Pandey discloses the apparatus of claim 1, wherein light from the light source passes through an aperture in the brush (radial luminescence system illuminates through the apertures amongst bristles of brush 5) (Figs 1-2) (Pgs 9-10).
For claim 6, Pandey discloses the apparatus of claim 1, wherein the brush is disposed on a brush head removably attached to the distal end of the sensor base (Figs 1-2) (Pgs 9-10).
For claim 7, Pandey discloses the apparatus of claim 6, wherein the brush head is at least partly disposed over the light source and the camera (Figs 1-2) (Pgs 9-10).
For claim 10, Pandey discloses the apparatus of claim 1, wherein the camera is electronically connected to an output (6) (Figs 1-2) (Pgs 9-10) adapted to transmit images generated from the camera (Figs 1-2) (Pgs 9-10).
For claim 12, Pandey discloses the apparatus of claim 1, in combination with a power source (power supply unit) (Figs 1-2) (Pgs 9-10) and a processor (processor of monitoring unit such as mobile, computer, smart TV) (Figs 1-2) (Pgs 9-10).
Conclusion
The cited prior art made of record on the accompanying PTO-892 and not relied upon is considered pertinent to applicant's disclosure, relating to means for configuring cell sampling brushes with visualization and illumination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791