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 .
Information Disclosure Statement
The information disclosure statements (IDS), submitted on 06/14/2023, 08/23/2023, 11/07/2024, and 08/27/2025, have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
[Claim 10] The claim recites the limitation of “the cyclical pattern decreases from exterior edges” in the 2nd and 4th lines of the claim. The examiner is unable to determine the metes and bounds of the claim, since it is unclear if the term “decreases” is meant to be interpreted relative to a structural magnitude of the pattern or a frequency of the pattern. For purposes of examination, it is interpreted that either scenario meets the limitations of the claim.
[Claim 11] The claim is rejected based upon its dependency from claim 10.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 22 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 22, which depends directly from claim 21, appears to repeat limitations relative to the first, second, third, and fourth walls, previously recited in independent claim 20 and dependent claim 21. As such, the limitations of claim 22 fail to further limit claims 20 and 21. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-5 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kokish et al. (PGPub 2015/0297864).
[Claims 1 and 26] Kokish teaches an apparatus (figure 21, item 400) for supporting an elongated medical device (figure 24, item 424) (paragraph [0079]), the apparatus comprising:
a first jaw (figure 21, item 406) having a first surface (figure 24, item 420b);
a first pad (figure 24, item 422b) arranged on the first surface (figure 24, item 420b) of the first jaw (figure 21, item 406), the first pad (figure 24, item 422b) defining at least one first recess (as shown in figure 24; see annotated figure below) extending along at least a portion of a length of the first pad (figure 24, item 422b);
a second jaw (figure 21, item 408) having a second surface (figure 24, item 420b), the second surface (figure 24, item 420b) being opposite the first surface (figure 24, item 420b) (figure 24); and
a second pad (figure 24, item 422b) arranged on the second surface (figure 24, item 420b) of the second jaw (figure 21, item 408),
the first pad (figure 24, item 422b) and the second pad (figure 24, item 422b) configured to maintain the elongated medical device (figure 24, item 424) at a center portion of the first pad (figure 24, item 422b) and the second pad (figure 24, item 422b) when engaged with the elongated medical device (figure 24, item 424) (figure 24; paragraph [0081]).
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[Claims 2 and 3] Kokish teaches the limitations of claim 1, upon which claims 2 and 3 depend. In addition, Kokish discloses
the first pad (figure 24, item 422b) and the second pad (figure 24, item 422b) are configured to engage the elongated medical device (figure 24, item 424) (figure 24; paragraph [0081]); and
the at least one first recess (as shown in figure 24; see annotated figure above) is configured to maintain the elongated medical device (figure 24, item 424) at a center portion of the at least one first recess (as shown in figure 24; see annotated figure above) during movement of the elongated medical device (figure 24, item 424) (figure 24; paragraph [0081]),
wherein the movement of the elongated medical device (figure 24, item 424) includes one or more of axial movement, rotation, pinching, attachment, and clamping of the elongated medical device (figure 24, item 424) between the first jaw (figure 21, item 406) and the second jaw (figure 21, item 408) (figure 24; paragraph [0081]).
[Claim 4] Kokish teaches the limitations of claim 1, upon which claim 4 depends. Kokish further discloses the at least one first recess (as shown in figure 24; see annotated figure above) has a concave or V-shape (figure 24; paragraph [0081]).
[Claim 5] Kokish teaches the limitations of claim 1, upon which claim 5 depends. Kokish also teaches the second pad (figure 24, item 422b) defines at least one second recess (as shown in figure 24; see annotated figure above) extending along at least a portion of a length of the second pad (figure 24, item 422b) (figure 24; paragraph [0081]).
Claims 1-18, 20-22, 25, and 26, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duffy (USPN 5,022,290).
[Claims 1 and 26] Duffy teaches an apparatus (figure 1) for supporting an elongated medical device (the examiner notes the “elongated medical device” is only functionally recited), the apparatus comprising:
a first jaw (figure 2, item 15) having a first surface (see annotated figure below);
a first pad (figure 2, item 15b) arranged on the first surface (see annotated figure below) of the first jaw (figure 2, item 15), the first pad (figure 2, item 15b) defining at least one first recess (see annotated figure below) extending along at least a portion of a length of the first pad (figure 2, item 15b);
a second jaw (figure 2, item 19) having a second surface (see annotated figure below), the second surface (see annotated figure below) being opposite the first surface (see annotated figure below) (figure 2); and
a second pad (figure 4, item 19k) arranged on the second surface (see annotated figure below) of the second jaw (figure 2, item 19) (figure 4),
the first pad (figure 2, item 15b) and the second pad (figure 4, item 19k) configured to maintain the elongated medical device at a center portion of the first pad (figure 2, item 15b) and the second pad (figure 4, item 19k) when engaged with the elongated medical device (figure 2).
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[Claims 2 and 3] Duffy teaches the limitations of claim 1, upon which claims 2 and 3 depend. In addition, Duffy discloses
the first pad (figure 2, item 15b) and the second pad (figure 4, item 19k) are configured to engage the elongated medical device (figure 2); and
the at least one first recess (see annotated figure above) is configured to maintain the elongated medical device (again, the examiner notes the medical device is only functionally recited) at a center portion of the at least one first recess (see annotated figure above) during movement of the elongated medical device (figures 1 and 2),
wherein the movement of the elongated medical device (again, the examiner notes the medical device is only functionally recited) includes one or more of axial movement, rotation, pinching, attachment, and clamping of the elongated medical device between the first jaw (figure 2, item 15) and the second jaw (figure 2, item 19) (figures 1 and 2).
[Claim 4] Duffy teaches the limitations of claim 1, upon which claim 4 depends. Duffy further discloses the at least one first recess (see annotated figure above) has a concave or V-shape (figures 1-3).
[Claims 5-8] Duffy teaches the limitations of claim 1, upon which claims 5-8 depend. Duffy also teaches
the second pad (figure 4, item 19k) defines at least one second recess (see annotated figure below) extending along at least a portion of a length of the second pad (figure 4, item 19k),
wherein:
the at least one first recess (see annotated figure above) includes a first curved surface (figure 3) extending in a longitudinal direction of the first pad (figure 2, item 15b);
the at least one second recess (see annotated figure below) includes a second curved surface (figure 4) extending in a longitudinal direction of the second pad (figure 4, item 19k);
a curvature of the first curved surface (figure 3) extends in a direction perpendicular to a longitudinal axis of the first pad (figure 2, item 15b) (figure 3);
a curvature of the second curved surface (figure 4) extends in a direction perpendicular to a longitudinal axis of the second pad (figure 4, item 19k) (figure 4); and
at least one of the first curved surface (figure 3) or the second curved surface (figure 4) has a constant radius of curvature (figures 1-4).
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[Claim 9] Duffy teaches the limitations of claim 1, upon which claim 9 depends. Duffy further discloses
at least a portion of at least one of the first pad (figure 2, item 15b) or the second pad (figure 4, item 19k) has a contoured surface (figures 1-4); and
the contoured surface has a cyclical pattern (figures 1-4).
[Claims 10 and 11] Duffy teaches the limitations of claim 9, upon which claims 10 and 11 depend. In addition, Duffy teaches
the cyclical pattern decreases (see 112b interpretation above; the “pattern” can be seen to be decreasing in magnitude from peak to valley) from exterior edges (the examiner notes that the “exterior edges” have not been explicitly defined; hence, multiple “exterior edges” exist) of the first pad (figure 2, item 15b) towards a center (additionally, the examiner notes a specific starting point and end point for the “decrease” has not been explicitly defined) of the first pad (figure 2, item 15b); and
the cyclical pattern decreases (see 112b interpretation above; the “pattern” can be seen to be decreasing in magnitude from peak to valley) from exterior edges (the examiner notes that the “exterior edges” have not been explicitly defined; hence, multiple “exterior edges” exist) of the second pad (figure 4, item 19k) towards a center (additionally, the examiner notes a specific starting point and end point for the “decrease” has not been explicitly defined) of the second pad (figure 4, item 19k);
wherein the cyclical pattern of the first pad (figure 2, item 15b) is 180° out of phase (the examiner notes the claim does not indicate how or when this is required) with the cyclical pattern of the second pad (figure 4, item 19k) (the examiner notes the relative movement of the two jaws would allow for this orientation).
[Claims 12-14] Duffy teaches the limitations of claim 9, upon which claims 12-14 depend. Duffy further discloses
at least a portion of the first pad (figure 2, item 15b) includes a first undulating surface (figure 3) extending along at least the portion of the length of the first pad (figure 2, item 15b); and
the at least one first recess (see annotated figure above) is defined in the first undulating surface (figure 3);
wherein at least a portion of the second pad (figure 4, item 19k) includes a second undulating surface (figure 4) extending along at least the portion of the length of the second pad (figure 4, item 19k); and
at least one second recess (see annotated figure above) is defined in the second undulating surface (figure 4);
wherein the first undulating surface includes a first plurality of waves (figure 3);
the second undulating surface includes a second plurality of waves (figure 4);
peaks of the first plurality of waves are configured to align with valleys of the second plurality of waves (the examiner notes the relative movement of the two jaws would allow for this orientation); and
peaks of the second plurality of waves are configured to align with valleys of the first plurality of waves (the examiner notes the relative movement of the two jaws would allow for this orientation).
[Claims 15 and 16] Duffy teaches the limitations of claim 1, upon which claims 15 and 16 depend. Duffy also teaches
a plurality of first recesses (figure 3) extending along at least the portion of the length of the first pad (figure 2, item 15b), each of the plurality of first recesses being a curved or V-shaped groove (figure 3); and
a plurality of second recesses (figure 4) extending along at least the portion of the length of the second pad (figure 4, item 19k), each of the plurality of second recesses being a curved or V-shaped groove (figure 4).
[Claim 17] Duffy teaches the limitations of claim 16, upon which claim 17 depends. Duffy further discloses the plurality of first recesses aligns with the plurality of second recesses (the examiner notes the relative movement of the two jaws would allow for this orientation).
[Claim 18] Duffy teaches the limitations of claim 16, upon which claim 18 depends. Duffy also discloses the plurality of first recesses are offset from the plurality of second recesses (the examiner notes the relative movement of the two jaws would allow for this orientation).
[Claims 20-22] Duffy teaches an apparatus (figure 1) for supporting an elongated medical device (the examiner notes the “elongated medical device” is only functionally recited), the apparatus comprising:
a first jaw (figure 2, item 15) having a first surface (see annotated figure below);
a second jaw (figure 2, item 19) having a second surface (see annotated figure below), the second surface (see annotated figure below) facing the first surface (see annotated figure below) of the first jaw (figure 2, item 15);
a first pad (figure 2, item 15b) arranged on the first surface (see annotated figure below) of the first jaw (figure 2, item 15); and
a second pad (figure 4, item 19k) arranged on the second surface (see annotated figure below) of the second jaw (figure 2, item 19);
wherein a first surface (crevices of first pad 15b) of the first pad (figure 2, item 15b) faces a second surface (crevices of second pad 19k) of the second pad (figure 4, item 19k) (figure 2),
the first pad (figure 2, item 15b) includes a first wall (see annotated figure below) extending at least from a first outer edge of the first surface (crevices of first pad 15b) of the first pad (figure 2, item 15b) toward the second surface (crevices of second pad 19k) of the second pad (figure 4, item 19k),
the second pad (figure 4, item 19k) includes a second wall (see annotated figure below) extending at least from a first outer edge of the second surface (crevices of second pad 19k) of the second pad (figure 4, item 19k) toward the first surface (crevices of first pad 15b) of the first pad (figure 2, item 15b),
the first pad (figure 2, item 15b) includes a third wall (see annotated figure below) extending at least from a second outer edge of the first surface (crevices of first pad 15b) of the first pad (figure 2, item 15b) toward the second surface (crevices of second pad 19k) of the second pad (figure 4, item 19k); and
the second pad (figure 4, item 19k) includes a fourth wall (see annotated figure below) extending at least from a second outer edge of the second surface (crevices of second pad 19k) of the second pad (figure 4, item 19k) toward the first surface (crevices of first pad 15b) of the first pad (figure 2, item 15b).
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[Claim 25] Duffy teaches the limitations of claim 20, upon which claim 25 depends. Duffy further discloses the first pad (figure 2, item 15b) and the second pad (figure 4, item 19k) are configured to engage the elongated medical device (again, the examiner notes the medical device is only functionally recited), and to maintain the elongated medical device at a center portion of the first pad (figure 2, item 15b) and the second pad (figure 4, item 19k) during movement of the elongated medical device (figures 1-4).
Allowable Subject Matter
Claims 19, 23, and 24, 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 prior art of record fails to disclose or render obvious the structure recited in dependent claims 19, 23, and 24.
The closest prior art of record is Kokish et al. (PGPub 2015/0297864) and Duffy (USPN 5,022,290).
The prior art of record fails to teach among all the limitations or render obvious a structure comprising an apparatus for supporting an elongated medical device, the apparatus comprising:
a first jaw having a first surface;
a first pad arranged on the first surface of the first jaw, the first pad defining at least one first recess extending along at least a portion of a length of the first pad;
a second jaw having a second surface, the second surface being opposite the first surface; and
a second pad arranged on the second surface of the second jaw.
Specifically, regarding dependent claims 19 and 24, the prior art to Kokish and Duffy, either alone or in combination, fails to disclose or render obvious the specific structural and/or functional features as claimed;
wherein the apparatus further comprises:
a first housing portion defining a first cavity;
a jaw assembly configured to move within the first cavity, the jaw assembly including the first jaw, the first pad, the second jaw and the second pad;
a second housing portion defining a second cavity, the second housing portion configured to be coupled to a proximal end of the first housing portion;
a pusher within the second cavity and configured to extend into at least a portion of the first housing portion, the pusher configured to move the jaw assembly between a first position and a second position;
a biasing member engaged with the pusher and configured to apply a biasing force to the first jaw and the second jaw; and
an actuator engaged with the biasing member, the actuator configured to move the biasing member and the pusher in a first direction and a second direction;
or
In combination with claims 20 and 21;
wherein the first wall, the second wall, the third wall and the fourth wall are castellated walls having a plurality of battlements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON E FLICK whose telephone number is (571)270-7024. The examiner can normally be reached M-F 7 a.m.-3 p.m. Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON E FLICK/Primary Examiner, Art Unit 3783 12/23/2025