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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claims have support going back to the SG10202101738X filed February 22, 2021.
Drawings
New corrected drawings (for Figs 2a-2d, 25a-25b, 28a-28c) in compliance with 37 CFR 1.121(d) are required in this application because a) the lines, numbers, figures and letters are not uniform, clean and well defined (of a generally poor quality) (37 CFR 1.84(I)). These figures appear to be copies of photographs. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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.
Claims 1-4, 6, 8, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasic US 2017/0252027.
Regarding Claim 1, Kasic discloses a device to provide a three-dimensional volume at a workspace in a body lumen (Fig 8a, it is noted that Fig 8a is similar to that of Fig 3-5, 7a, paragraph 81) comprising:
a plurality of flexible tube linkages (#114, #118 where the ends of the linkages are slotted to define flexible joints #130a-d, Fig 5-6 where an actuation line #136 extends through the tube linkages), each one of the plurality of flexible tube linkages having a distal end (#130b and #130d respectively, Fig 8a) and a proximal end (#130a, #130c respectively, Fig 8a); and
an actuation and locking mechanism (#34, Fig 2) comprising an actuation line (#136, paragraph 52),
wherein the proximal end of each of the plurality of flexible tube linkages is coupled to the actuation and locking mechanism (Fig 8, actuation line #136 is coupled to all the tube linkages including their proximal ends), wherein a distal end of the actuation line is connected to the distal ends of each of the plurality of flexible tube linkages (Fig 5, actuation line #136 is coupled to all the tube linkages including their distal ends, as such a distal end of the distal line is also coupled to the distal ends of the tube linkages), and wherein the actuation and locking mechanism is arranged to rotate relative to the plurality of flexible tube linkages to pull the distal end of the actuation line towards the actuation and locking mechanism thereby moving the distal end of each of the flexible tube linkages towards the proximal end of each of the flexible tube linkages (paragraph 52, fig 2a-2, 8a) thereby converting the plurality of flexible tube linkages form a closed collapsible structure for transportation(collapsed structure as seen in Fig 2a, 4) to the workplace to a three-dimensional structure defined by the plurality of flexible tube linkages to define the three-dimensional volume at the workspace in the body lumen (as seen in Fig 8a, Fig below it is noted that the linkages are three dimensional object, having a length, height, and depth along respective x-y-z axes thus defines a three dimensional volume when expanded).
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Regarding Claim 2, Kasic discloses the actuation and locking mechanism further comprises a structure wire (#138), said structure wire being perpendicularly connected to the plurality of flexible tube linkages when the defined three-dimensional structure is created (as seen in Fig 8a).
Regarding Claim 3, Kasic discloses when the actuation and locking mechanism is rotated, tension in said structure wire increases to provide rigidity to the three-dimensional structure defined by the flexible tube linkages (paragraph 52).
Regarding Claim 4, Kasic discloses the actuation and locking mechanism comprises a guiding tube (#70, Fig 2a), said guiding tube being arranged to provide a passageway for the actuation line (paragraph 45-46).
Regarding Claim 6, Kasic discloses a distal tube (#90, Fig 8a) coupled to at least one of the plurality of flexible tube linkages (Fig 8a), and wherein the actuation line is arranged to pass through the distal tube (as seen in Fig 6, paragraph 62 where actuation line #136 is coupled to anchor #134 located in the distal tube).
Regarding Claim 8, Kasic discloses more one or more tissue block lines, said one (see Fig below, Fig 8a, paragraph 61, 81 where the device can include a block line #138) or more tissue block lines being arranged in relation to the plurality of flexible tube linkages to prevent surrounding tissue at a target site from entering the defined three-dimensional volume in the body lumen (see Fig below, Fig 8a, paragraph 61, 81 where the device can include a block line #138 that would prevent tissue below the line #138 from entering the volume).
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Regarding Claim 11, Kasic discloses each of the plurality of flexible tube linkages comprises a plurality of linkage portions (see Fig below) and rotating elements (flexible joints #130a-d, where when expanded, the joints pivot/rotate to expand the device, paragraph 59), wherein each rotating element connects adjoining ones of the plurality of linkage portions (see Fig below, the rotating elements helps connect the linkage portions, examiner notes that direct connection is not being claimed).
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Claims 1, 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasic US 2017/0252027.
Regarding Claim 1, Kasic discloses a device to provide a three-dimensional volume at a workspace in a body lumen (Fig 3-5, 7a) comprising:
a plurality of flexible tube linkages (#112, #114, #116, #118, #120, Fig 4, see also paragraph 59 where the ends of the linkages are slotted to define flexible joints #130a-d, Fig 5-6 where an actuation line #136 extends through the tube linkages), each one of the plurality of flexible tube linkages having a distal end and a proximal end (Fig 4); and
an actuation and locking mechanism (#34, Fig 2) comprising an actuation line (#136, paragraph 52),
wherein the proximal end of each of the plurality of flexible tube linkages is coupled to the actuation and locking mechanism (Fig 5, actuation line #136 is coupled to all the tube linkages including their proximal ends), wherein a distal end of the actuation line is connected to the distal ends of each of the plurality of flexible tube linkages (Fig 5, actuation line #136 is coupled to all the tube linkages including their distal ends, as such a distal end of the distal line is also coupled to the distal ends of the tube linkages), and wherein the actuation and locking mechanism is arranged to rotate relative to the plurality of flexible tube linkages to pull the distal end of the actuation line towards the actuation and locking mechanism thereby moving the distal end of each of the flexible tube linkages towards the proximal end of each of the flexible tube linkages (paragraph 52, fig 2a-2b, 4-5) thereby converting the plurality of flexible tube linkages form a closed collapsible structure for transportation(collapsed structure as seen in Fig 2a, 4) to the workplace to a three-dimensional structure defined by the plurality of flexible tube linkages to define the three-dimensional volume at the workspace in the body lumen (as seen in Fig 2c, 5-6, annotated Fig 12 below, it is noted that the linkages are three dimensional object, having a length and height as seen in Fig 5-6 and a depth as seen in Fig 4 and thus defines a three dimensional volume when expanded ).
Regarding Claim 12, Kasic discloses the device is configured to define the three-dimensional volume (as discussed in claim 1) in the body lumen for an endoscopic procedure (Fig 3a, it is noted that this limitation is intended use and the device is capable of being used in an endoscopic procedure), and wherein the defined three-dimensional volume is a hollow shaped rectangular volume (see Fig below) arranged to allow an endoscope to pass through (a small endoscope is capable of passing through the volume in a direction along the dotted line below, likewise, an endoscope is capable of being inserted from below in a direction perpendicular to the dotted line)(it is note that this limitation is functional and that this claim is directed to an apparatus claim not a method, where an endoscope is not positively recited as part of the claimed invention).
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Regarding Claim 13, Kasic discloses a method for providing a three-dimensional volume in a body lumen, the method comprising the steps of:
advancing a device according to claim 1 to a target site within the body lumen (see rejection for claim 1, Fig 3a, paragraph 55 where the device is placed in a body cavity); and
rotating the actuation and locking mechanism such that the distal ends of the plurality of flexible tube linkages are brought in close proximity to the proximal ends of the plurality of flexible tube linkages, thereby forming the defined three-dimensional volume in the body lumen (paragraph 52, 98 fig 2a-2b, 4-5, where actuation and locking mechanism #34 is in the form of a rotable knob that is rotated to expand the device).
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.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kasic US 2017/0252027 (for the 102 rejections of claims 1, 12) in view of Yi US 2020/0261095.
Kasic discloses the claimed invention as discussed above (using the embodiment of Fig 8a or a manipulation tube having a manipulation rod (#70, Fig 2c where the tube #70 is elongated and defines a hollow rod), where the manipulation rod is coupled to a housing (#32) containing the actuation and locking mechanism (#34, Fig 2c) but does not disclose how the manipulation rod is coupled to the housing, said manipulation rod comprising a hook arranged to engage with the actuation and locking mechanism.
Yi discloses a tube having a manipulation rod (#202, Fig 2), said manipulation rod comprising a hook (#204a, Fig 2) arranged to engage and couple with a housing in a bayonet type fashion (#118, Fig 2, paragraph 73).
It would have ben obvious to one having ordinary skill in the art at a time before the effective filing of the claimed invention to modify the manipulation rod of Kasic to include hooks in view of Yi above because this provides a known type of coupling (bayonet) to couple the manipulation rod to the housing, where this configuration would have the hook indirectly engaged with the actuation and locking mechanism. Examiner notes that applicant is not claiming a direct engagement.
Regarding Claim 10, Kasic as modified discloses the manipulation rod is configured to rotate the actuation and locking mechanism (Fig 2c in Kasic where one can grasp the manipulation rod and rotate the rod, which would also rotate the actuation and locking mechanism).
Allowable Subject Matter
Claims 5, 7, 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With regards to Claim 5, Kasic discloses wherein the actuation and locking mechanism further comprises an actuation base (#32, Fig 2c) having a hole (hole for button #36), an actuation rod (#36) but recites a ratchet configuration (paragraph 45) and lacks the hole being threaded and the actuation rod having a screw portion and a lock key, said screw portion arranged to engage the threaded hole, and a locking cap having a key slot, said key slot arranged to engage the lock key to place the actuation and locking mechanism in a locking position.
With regards to Claim 14, the rotating step is carried out by actuation and locking mechanism in the form of a dial or wheel (#34) but lacks a manipulation tube, such that the rotating step includes “attaching a manipulation tube to the actuation and locking mechanism and rotating the manipulation rod to rotate the actuation and locking mechanism”.
See PTO-892 for art of cited interest, in particular other references that have an actuation line to define to expand a device to create a 3d-volume.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAN CHRISTOPHER L MERENE whose telephone number is (571)270-5032. The examiner can normally be reached Mon-Fri 8:30 am - 6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAN CHRISTOPHER L MERENE/ Primary Examiner, Art Unit 3773