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
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.
Claim(s) 1 - 6, 14 and 16 - 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Profit et al (US 2016/0228271).
With regards to claim 1, Profit teaches a method of producing a functional part that is elastically deformable for a medical device, where the functional part has an openable slit arrangement that widens or opens in the case of elastic deformation of the functional part and closes in an absence of deformation (Abstract, paragraph 25), the method comprising:
Providing a blank for the functional part, which includes an elastic material or consists of an elastic material (paragraph 18)
Severing the material of the blank at least in some regions by means of ultrasound so as to create at least one slit of the slit arrangement of the functional part (paragraph 20)
With regards to claim 2, the teachings of Profit are presented above. Additionally, Profit teaches that the method further comprises activating a sonotrode such that the sonotrode is set to oscillate with ultrasound frequency (paragraph 15).
With regards to claim 3, the teachings of Profit are presented above. Additionally, Profit teaches that the method further comprises moving the sonotrode and/or blank relative to one another in a slit direction in order to sever the material of the blank at least in some regions and to create the at least one slit (paragraph 19 and 20).
With regards to claim 4, the teachings of Profit are presented above. Additionally, Profit teaches that the method further comprises leaving the sonotrode in a predetermined final position for a predetermined dwell time when the sonotrode has reached the predetermined final position relative to the blank (paragraph 19 and 20).
With regards to claim 5, the teachings of Profit are presented above. Additionally, Profit states that after performing the severing step the medical device is removed from a mandrel (paragraph 21), which indicates that the sonotrode has been deactivated such that the oscillation of the sonotrode is stopped.
With regards to claim 6, the teachings of Profit are presented above. Additionally, Profit teaches that the method further comprises removing the sonotrode and the functional part from one another (paragraph 21).
With regards to claim 14, the teachings of Profit are presented above. Additionally, Profit discloses a device for the production of an elastically deformable functional part comprising a clamp device for clamping a blank for the functional part and a sonotrode (paragraphs 15, 16 and 18).
With regards to claim 16, the teachings of Profit are presented above. Additionally, Profit discloses a medical device comprising at least one elastically deformable, functional part having an openable slit arrangement that widens or opens upon elastic deformation of the functional part and closes in the absence of deformation to control a fluid stream conducted through the medical device (paragraphs 24, 25 and 28).
With regards to claims 17 and 18, the teachings off Profit are presented above. Additionally, Profit teaches that the functional part is a functional part blank that includes an elastic and transparent material (paragraph 22).
Allowable Subject Matter
Claims 7 - 13, 15 , 19 and 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art made of record does not teach or suggest a method of producing an elastically deformable functional part for a medical device, where the functional part has an openable slit arrangement that widens or opens in the case of elastic deformation of the functional part and closes again in the absence of the deformation, the method comprising providing a functional part blank having a slit arrangement with at least one slit at which an elastic material of the functional part blank has been severed at least in some regions by ultrasound; widening or opening the slit arrangement and providing at least one slit wall face of the slit arrangement of the functional part blank at least in some regions with an inhibitor material which inhibits or prevents self-healing of the material of the functional part blank.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHEL RIVERA whose telephone number is (571)270-7655. The examiner can normally be reached M-F 12pm - 8pm.
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, Michael Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHEL RIVERA/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
Prosecution Insights