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 –
Claim(s) 1, 5, 6, 8-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trick(5101813) hereinafter Trick.
Trick teaches a multi-component, penile erectile system which is to be surgically implanted in man for the treatment of erectile impotence includes at least one elongated, flexible cylindrical member with a pressure chamber for implanting into the pendulous penis; a pressure bulb to be implanted in the scrotal sac; tubing integrally connecting the pressure chamber and the bulb to form a closed system. (19) The present invention basically comprises a sterile, completely assembled penile erectile system consisting of at least one elongated, flexible, cylindrical member which is to be implanted in the pendulous penis, a pressure bulb which is to be implanted in the scrotum and integral tubing which connects the bulb to a pressure chamber in the cylindrical member to form a closed system. The pressure bulb is either a single stroke bulb which sucks fluid from the pressure chamber or a unique multi-stroke pump which is capable of higher pressure with less actuating force than a single stroke bulb.
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Due to applicant’s amendment to the claims, in this interpretation of the Trick reference, the orientation of the first and second portions of the cavity have been taken along the vertical axis of the cavity.
Regarding claims 1 and 16, Trick teaches an inflatable member; and
a pump assembly having a cavity, a valve, and a valve housing, the pump assembly being
configured to facilitate a transfer of a fluid from the cavity to the inflatable member, the valve
housing being configured to be deformed to allow the fluid to move from the inflatable member
to the cavity, the cavity includes a first portion, a second portion, and a transition portion being
disposed between the first portion and the second portion, the transition portion being disposed
fluidically between the first portion and the valve, the transition portion being disposed
fluidically between the second portion and the valve. In this interpretation, the first portion of the cavity is on the left and the second portion of the cavity is on the left and the transition portion is at least “fluidically” between the first portion and the valve and the second portion of the cavity and the valve via the valves 47 and 48. Note figure 1, and annotated Figs 12-13 and corresponding description, Col. 6, lines 1-37. When force is extended on the pump assembly, as shown in FIG. 13, pressurizing fluid 41 in the reservoir 45 is forced through the inlet check valve 47 and outlet check valve 48 of the pumping chamber 46 and through the passageways 49, 50 and 51 to the supply tubing 13, 13' to the pressure chambers. When it is desired to depressurize the pressure chambers, force is exerted on the housing 52 to distort the seat 53 for the ball 54 and to allow pressurized fluid 41 to flow over the ball 54 into the reservoir 45. When the distorting force is released on the housing 52 the spring 55 will direct the ball 54 back into sealing engagement with the seat 53 and the passage 56 will be closed.
Regarding claim 5, Trick teaches wherein the cavity includes a first portion, a second portion, and a transition portion being disposed between the first portion and the second portion, the first portion having a first height, the transition portion having a second height, the second height being smaller than the first height. Note figure 1, and annotated Figs 12-13 and corresponding description, Col. 6, lines 1-37. It is the examiner’s interpretation, the cavity includes a first upper portion and second lower portion and a transition portion in between. The “height” of the transition portion is smaller than that of the first portion and the second portion. Claim 5 depends directly from claim 1 and since there is no distinction between “height” or “width” set forth in claim 1. Fig. 12 as annotated could be a “width” or a “height” of the cavity portions.
Regarding claim 6, Trick teaches wherein the cavity includes a first portion, a second portion, and a transition portion being disposed between the first portion and the second portion, the first portion having a first height, the second portion having a second height, the transition portion having a third height, the third height being smaller than the first height, the third height being smaller than the second height. Note figure 1, and annotated Figs 12-13 and corresponding description, Col. 6, lines 1-37. It is the examiner’s interpretation, the cavity includes a first upper portion and second lower portion and a transition portion in between. The “height” of the transition portion is smaller than that of the first portion and the second portion. Claim 5 depends directly from claim 1 and since there is no distinction between “height” or “width” set forth in claim 1. Fig. 12 as annotated could be a “width” or a “height” of the cavity portions.
Regarding claim 8, Trick teaches wherein the valve includes a first portion, a second portion, and a middle portion being disposed between the first portion and the second portion. Note figure 1, and annotated Figs 12-13 and corresponding description, Col. 6, lines 1-37. Note in the annotated figure 12, the first portion of the valve includes the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit in between the two and the “width” of the middle portion is less than the “width” of the first and second portion.
Regarding claim 9, Trick teaches wherein the valve includes a first portion, a second portion, and a middle portion being disposed between the first portion and the second portion, the first portion having a first width, the second portion having a second width, the middle portion having a third width, the third width being smaller than the first width, the third width being smaller than the second width. Note in the annotated figure 12, the first portion of the valve includes the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit in between the two and the “width” of the middle portion is less than the “width” of the first and second portion.
Regarding claim 10, Trick teaches wherein the valve includes a first portion, a second portion, and a middle portion being disposed between the first portion and the second portion, the first portion having a first width, the second portion having a second width, the middle portion having a third width, the third width being smaller than the first width, the third width being smaller than the second width, the first portion having a seat surface and being configured to engage a portion of the valve housing to form a seal. Note in the annotated figure 12, the first portion of the valve includes the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit in between the two and the “width” of the middle portion is less than the “width” of the first and second portion. Note bias spring 55, seat surface 56 seats valve 54.
Regarding claim 11, Trick teaches wherein the valve includes a first portion, a second portion, and a middle portion being disposed between the first portion and the second portion, the first portion having a first width, the second portion having a second width, the middle portion having a third width, the third width being smaller than the first width, the third width being smaller than the second width, the first portion having a seat surface and being configured to engage a seat portion of the valve housing to form a seal, the pump assembly including a bias member configured to bias the seat surface towards the seat portion of the valve housing to form a seal. Note in the annotated figure 12, the first portion of the valve includes the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit in between the two and the “width” of the middle portion is less than the “width” of the first and second portion. Note bias spring 55, seat surface 56 seats valve 54.
Regarding claim 12, Trick teaches wherein the valve includes a first portion, a second portion, and a middle portion being disposed between the first portion and the second portion, the first portion having a first width, the second portion having a second width, the middle portion having a third width, the third width being smaller than the first width, the third width being smaller than the second width, the first portion having a seat surface and being configured to engage a seat portion of the valve housing to form a seal, the pump assembly including a bias member configured to bias the seat surface towards the seat portion of the valve housing to form a seal, the seat surface being configured to be moved from the seat portion of the valve housing when the valve housing is deformed. Note in the annotated figure 12, the first portion of the valve includes the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit in between the two and the “width” of the middle portion is less than the “width” of the first and second portion. Note bias spring 55, seat surface 56 seats valve 54. When it is desired to depressurize the pressure chambers, force is exerted on the housing 52 to distort the seat 53 for the ball 54 and to allow pressurized fluid 41 to flow over the ball 54 into the reservoir 45. When the distorting force is released on the housing 52 the spring 55 will direct the ball 54 back into sealing engagement with the seat 53 and the passage 56 will be closed.
Regarding claims 13 and 14, Trick teaches wherein the valve housing is configured to be deformed when the valve housing is compressed. When it is desired to depressurize the pressure chambers, force is exerted on the housing 52 to distort the seat 53 for the ball 54 and to allow pressurized fluid 41 to flow over the ball 54 into the reservoir 45. When the distorting force is released on the housing 52 the spring 55 will direct the ball 54 back into sealing engagement with the seat 53 and the passage 56 will be closed.
Regarding claim 15, Trick teaches wherein the valve housing defines a compartment, the valve being disposed within the compartment, the compartment having a first portion, a second portion, and a third portion disposed between the first portion and the second portion, the first portion having a first width, the second portion having a second width, the third portion having a third width, the third width being smaller than the first width, the third width being smaller than the second width. Note in the annotated figure 12, the first portion of the valve housing/compartment includes a conduit with the ball valve 54, the second portion includes the conduit connecting to conduit 13, and the middle portion is the conduit connecting the two and the “width” of the middle portion is less than the “width” of the first and second portion.
Regarding claims 17 and 18, Trick teaches wherein the inflating includes squeezing the pump assembly of the bodily implant a single time and wherein the inflating includes squeezing the pump assembly once and only once. The pressure bulb is either a single stroke bulb which sucks fluid from the pressure chamber or a unique multi-stroke pump which is capable of higher pressure with less actuating force than a single stroke bulb. Col. 2 lines 65 to col. 3, lines 1-2.
Allowable Subject Matter
Claims 3, 4, 7, 19, and 20 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.
The following is a statement of reasons for the indication of allowable subject matter.
The closest prior art of record teaches an implant including an inflatable member, a pump and a cavity in which the cavity has a first portion and a second portion and a transition portion that are fluidically coupled where the transition portion is between the first and second portion and the first, second , and third portions of the cavity are fluidically couple to the valve.
The prior art of record does not teach or reasonably suggest the subject matter of the independent claim including the specific structural relationship where the transition portion is between the first portion and the second portion and the width of the first and second portions being greater than the width of the transition portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Levius(US 5171272) teaches a hand operable, two-component fluid pump for inflating an inflatable penile prosthesis. The pump comprises a high-volume, low-pressure first pump component and at least one low-volume, high-pressure second pump component. Fluid to be pumped to the prosthesis is housed within the first component, and each of the first and second components is in valved communication with the prosthesis and in valved communication with each other. In a preferred embodiment the second pump component is disposed within the first pump component. The pump preferably can be implanted within the user, with the most preferable implantation site being within the scrotal sack.
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 BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor 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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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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