DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/8/2025 has been entered.
Acknowledgment
Claim 18 is amened and filed on 12/8/2025.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 18-22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Millman et al. (US.20070005002A1) (“Millman”) in view of Rone et al. (US. 20110112364A1) (“Rone”).
Re Claim 18, Millman discloses a system for moving fluids into and out of a surgical field (Fig. 1-2B, ¶0065, Fig.12), the system comprising: a first proximal flexible tubing (106a, Fig. 1, ¶0129) and a second proximal flexible tubing (106b, ¶0129), the first and second proximal tubings connected to a distal tubing (404, Fig. 12) at a Y connector (1206 ¶0198); a first valve constructed and arranged to control flow of irrigant in the first proximal tubing and the distal tubing (1204a, Fig.12); a second valve (1204b, ¶00200) constructed and arranged to control fluid flow between the distal tubing and a vacuum source (1028, Fig. 1); a distal tip (406, Fig. 14), the distal tip having a lumen therethrough (¶0120 lumen with opening 424) and a plurality of suction relief holes in a wall thereof (424); and a remote control for operating the first valve (¶0145, ¶0058, ¶0271).), but it fails to disclose the distal tip is a rigid distal tip attached to a distal end of the distal flexible tubing, the rigid tip being more rigid than the distal flexible tubing, the rigid distal tip constructed and arranged to provide freedom of motion at the probe tip when manipulated by a surgical instrument, and maneuverable to point 180 degrees from an orientation of at least a portion of the distal flexible tubing that is within the surgical field.
However, Rone discloses a system for a procedure in a surgical field (abstract, ¶0014, Figs. 1-3), the system comprising: a flexible tubing (24, ¶0016, ¶0035) and the distal tip (26, 16, ¶0035, ¶0036) is a rigid distal tip (¶0036) attached to the distal end of the distal flexible tubing (32, Fig. 3, ¶0035), the rigid tip being more rigid than the distal flexible tubing (¶0035-¶0036), the rigid distal tip constructed and arranged to provide freedom of motion at the probe tip when manipulated by a surgical instrument (graspers ¶0035), and maneuverable to point 180 degrees from an orientation of at least a portion of the distal flexible tubing that is within the surgical field (¶0035).
Thus, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was made to have modify system of Millman so that the rigid tip being more rigid than the distal flexible tubing, the rigid distal tip constructed and arranged to provide freedom of motion at the probe tip when manipulated by a surgical instrument, and maneuverable to point 180 degrees from an orientation of at least a portion of the distal flexible tubing that is within the surgical field as taught by Levin for the purpose of using a material that support and maintain the desired shape of the tip while manipulating the tip by grasper (Levin ¶0032, ¶035).
Re Claim 19, Millman discloses comprising a second remote control for operating the second valve (¶0058, ¶0145, ¶0200).
Re Claim 20, Millman discloses wherein the remote control is constructed and arranged to operate the first valve and the second valve (¶0058, ¶0145, ¶0200).
Re Claim 21, Millman discloses wherein the first and second valves can be opened independently and concurrently (¶0058, ¶0145, ¶0200).
Re Claim 22, Millman discloses wherein including a fluid bag in fluid communication with the first proximal flexible tubing and an inflatable pressure cuff around the fluid bag (108 bag, and cuff for pressurize the bag ¶0065, ¶0145, ¶0200).
Response to Arguments
Applicant’s arguments, see remark, filed 10/6/2025 with respect to the rejection(s) of claim(s) 18 under 103 using Julian and Levin and Millman have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Millman in view of Rone.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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/HAMZA A DARB/ Examiner, Art Unit 3783
/CHELSEA E STINSON/ Supervisory Patent Examiner, Art Unit 3783
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