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 statement (IDS) submitted on June 6, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 4, 7-8 & 18-19 is/are objected to because of the following informalities:
In regards to claim 4, at lines 3-4, the limitations “at least one of the initialization sequence, the arming sequence or the firing sequence” should apparently read -- at least one of the initialization sequence, the arming sequence [[or]] and the firing sequence--.
In regards to claims 7-8, at lines 1-2, the limitations “associated either the initialization sequence, the arming sequence, and the firing sequence” should apparently read --associated with either the initialization sequence, the arming sequence, or the firing sequence--.
In regards to claim 18, at line 2, the limitations “a initialization sequence, a arming sequence-- should apparently read --an initialization sequence, an arming sequence--.
Appropriate correction is required.
.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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leigh et al. (US 2005/0075580) (“Leigh” hereinafter).
In regards to claim 1, Leigh discloses a core needle biopsy device, comprising:
a needle assembly, the needle assembly including a piercer 20 and a hollow cutter 14, the piercer 20 including a sharp distal tip and a notch proximal to the distal tip, the piercer 20 being slidably disposed within the cutter 14 to sever a tissue sample into the notch of the piercer 20 (see at least fig. 1 and par 0034);
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(b) a drive assembly 100 configured to selectively move the piercer 20 and the cutter 14 (see at least par 0042); and
(c) a user interface including an indicator 53 (see par 0037) and a single button 50 (see at least par 0028), the single button 50 being configured to initiate a plurality of movements of the drive assembly 100 to control arming and firing of the piercer 20 and the cutter 14, the an indicator 53 being configured to transition between a plurality of predetermined states to define one or more predetermined status sequences indicative of movement of the piercer 20 and the cutter 14 via the drive assembly 100 (see at least par 0037 and 0056).
In regards to claim 2, Leigh discloses the core needle biopsy device of claim 1, the drive assembly 100 being configured to move the piercer 20 and the cutter 14 through an initialization sequence, an arming sequence, a firing sequence, and a sample acquisition sequence, the single button 50 being configured to initiate the initialization sequence, the arming sequence, and the firing sequence using a single button 50 movement associated with each of the initialization sequence, the arming sequence, and the firing sequence (see at least par 0037 & 0056).
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.
Claim(s) 1-4, 6-7, 9 & 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2020/0345335) (“Jensen” hereinafter) in view of Leigh et al. (US 2005/0075580) (“Leigh” hereinafter).
In regards to claim 1, Jensen discloses a core needle biopsy device, comprising:
(a) a needle assembly 14 (see at least fig. 1 and par 0046), the needle assembly 14 including a piercer 40 and a hollow cutter 42, the piercer 40 including a sharp distal tip 40-2 and a notch 40-1 proximal to the distal tip 40-2 (see at least par 0050), the piercer 40 being slidably disposed within the cutter 42 to sever a tissue sample into the notch 40-1 of the piercer 40 (see at least par 0048);
(b) a drive assembly 12 configured to selectively move the piercer 40 and the cutter 42 (see at least fig. 2 and par 0041-0042 & 0051-0052); and
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(c) a user interface 28 (see at least fig. 2) including one or more indicators (28-3, 28-4, 28-5) and a button 28-2 (see par 0037), the button 28-2 being configured to initiate a plurality of movements of the drive assembly 12 to control arming and firing of the piercer 40 and the cutter 42 (see at least par 0037 & 0051-0052), the one or more indicators (28-3, 28-4, 28-5) being configured to transition between a plurality of predetermined states (see at least par 0037).
Jensen discloses a biopsy device, as described above, that fails to explicitly teach a biopsy device comprising a single button, the one or more predetermined status sequences indicative of movement of the piercer and the cutter via the drive assembly.
However, Leigh teaches that it is known to provide a biopsy device comprising a single button 50 (see at least par 0028), the single button 50 being configured to initiate a plurality of movements of the drive assembly 100 to control arming and firing of the piercer 20 and the cutter 14 (see at least par 0036-0038), the one or more indicators 53 being configured to transition between a plurality of predetermined states (e.g., red, green) to define one or more predetermined status sequences indicative of movement of the piercer 20 and the cutter 14 via the drive assembly 100 (see at least par 0037 & 0056).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy needle biopsy device of Jensen comprising a single button, the one or more predetermined status sequences indicative of movement of the piercer and the cutter via the drive assembly as taught by Leigh since such a modification would amount to applying a known technique (i.e., as taught by Leigh) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing a single button to control all of the functions of the device (see par 0030 of Leigh) so as to facilitate one-handed operation of the device (see par 0012 of Leigh)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 2, Jensen discloses the core needle biopsy device of claim 1, the drive assembly 12 (see at least fig. 2) being configured to move the piercer 40 and the cutter 42 through an initialization sequence, an arming (e.g., cocking) sequence, a firing sequence, and a sample acquisition sequence (see at least fig. 2 and par 0041-0042 & 0051-0052), the button 28-2 being configured to initiate the initialization sequence (see par 0051, e.g., upon first actuation of prime/pierce button 28-2), the arming (e.g., cocking) sequence (see par 0051, e.g., upon first actuation of prime/pierce button 28-2), and the firing sequence (see par 0051, upon a second actuation of prime/pierce button 28-2) using a single button movement associated with each of the initialization sequence, the arming (e.g., cocking) sequence, and the firing sequence (see par 0051).
In regards to claim 3, Jensen discloses the core needle biopsy device of claim 2, the button movement associated with each of the initialization sequence, the arming (e.g., cocking) sequence, and the firing sequence being the same for each sequence (e.g., by virtue of being the same actuation of the same button 28-2) (see par 0051).
In regards to claim 4, Jensen discloses the core needle biopsy device of claim 2, one or more of the single button movements associated with each of the initialization sequence, the arming (e.g., cocking) sequence, and the firing sequence being different relative to the other single button movements for at least one of the initialization sequence, the arming (e.g., cocking) sequence, or the firing sequence (.e.g., one actuation of the button 28-2 for the initialization sequence and the arming (e.g., cocking) sequence; two actuations of the button 28-2 for the firing sequence, see par 0051).
In regards to claim 6, Jensen discloses the core needle biopsy device of claim 2, the button movement associated with the firing sequence including a discrete single button movement associated with firing the piercer 40 and firing the cutter 42 (see par 0051).
In regards to claim 7, Jensen discloses the core needle biopsy device of claim 2, the single button movement associated with the firing sequence including a double tap of the button 28-2 (see at least par 0051).
In regards to claim 9, Jensen discloses the core needle biopsy device of claim 1, further comprising a controller 18 in communication with the button 28-2 and the drive assembly 12, the controller 18 being configured to receive an input from the button 28-2 to drive one or more movements of the drive assembly 12 (see at least fig. 2 and par 0038).
In regards to claim 15, Jensen discloses a core needle biopsy device, comprising:
(a) a body 16 (see at least fig. 1 and par 0035);
(b) a needle assembly 14 extending distally from the body 16, the needle assembly 14 including a piercer 40 and a hollow cutter 42, the piercer 40 including a sharp distal tip 40-2 and a notch 40-1 proximal to the distal tip 40-2 (see at least par 0050), the piercer 40 being slidably disposed within the cutter 42 to sever a tissue sample into the notch 40-1 of the piercer 40 (see at least par 0048);
(c) a tissue sample holder 50 disposed on a distal end of the body 16 proximate a portion of the needle assembly 14 (see at least fig. 1 and par 0046);
(d) a drive assembly 12 positioned within the body 16 and configured to selectively move the piercer 40 and the cutter 42 (see at least fig. 2 and par 0041-0042 & 0051-0052); and
(e) a user interface 28 including one or more indicators (28-3, 28-4, 28-5), a single button 28-2 (see at least figs. 1-2 and par 0037), and a controller 18 in communication with the button 28-2 and the drive assembly 12 (see at least fig. 2 and par 0038), the button 28-2 being disposed on the body 16 proximate the tissue sample holder 50, the controller 18 being configured to control one or more movements of the drive assembly 12 using input from the button 28-2 (see at least fig. 2 and par 0038), the one or more indicators (28-3, 28-4, 28-5) being configured to transition between a plurality of predetermined states (see par 0037) to define one or more predetermined status sequences indicative of movement of the piercer 40 and the cutter 42 via the drive assembly 12.
Jensen discloses a core needle biopsy device, as described above, that fails to explicitly teach biopsy device comprising a single button, the single button being transversely centered with respect to a transverse axis of the body, the one or more predetermined status sequences indicative of movement of the piercer and the cutter via the drive assembly.
However, Leigh teaches that it is known to provide a biopsy device comprising a single button 50 (see at least par 0028), the single button 50 being transversely centered with respect to a transverse axis of the body 12 (see at least fig. 1 and par 0038), the one or more indicators 53 being configured to transition between a plurality of predetermined states (e.g., red, green) to define one or more predetermined status sequences indicative of movement of the piercer 20 and the cutter 14 via the drive assembly 100 (see at least par 0037 & 0056).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy needle biopsy device of Jensen comprising a single button, the single button being transversely centered with respect to a transverse axis of the body, the one or more predetermined status sequences indicative of movement of the piercer and the cutter via the drive assembly as taught by Leigh since such a modification would amount to applying a known technique (i.e., as taught by Leigh) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing a single button to control all of the functions of the device (see par 0030 of Leigh) so as to facilitate one-handed operation of the device (see par 0012 of Leigh)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 16, Jensen discloses the core needle biopsy device of claim 15, the button 28-2 being disposed proximally of the one or more indicators (28-3, 28-4, 28-5) (see at least fig. 1 and par 0037).
Claim(s) 5 & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2020/0345335) (“Jensen” hereinafter) in view of Leigh et al. (US 2005/0075580) (“Leigh” hereinafter) further in view of Hibner (US 2011/0046513).
In regards to claim 5, Jensen as modified by Leigh discloses the core needle biopsy device of claim 2, that fails to explicitly teach the biopsy needle with the button movement being a multi-second hold of the button. However, Hibner teaches that it is known to provide a biopsy device with a button movement being a multi-second hold of the button 300 (see at least fig. 8 and par 0067-0068). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the button movement being a multi-second hold of the button as taught by Hibner since such a modification would amount to applying a known technique (i.e., as taught by Hibner) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as preventing inadvertent triggering of the device--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 8, Jensen as modified by Leigh discloses the core needle biopsy device of claim 2, that fails to explicitly teach a biopsy device with the single button movement including a triple tap of the button. However, Hibner teaches that it is known to provide a biopsy device with the single button movement including a triple tap (e.g., three times within a certain period time) of the button (302, 304) (see at least par 0067). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the single button movement including a triple tap of the button as taught by Hibner since such a modification would amount to applying a known technique (i.e., as taught by Hibner) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as preventing inadvertent triggering of the device--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2020/0345335) (“Jensen” hereinafter) in view of Leigh et al. (US 2005/0075580) (“Leigh” hereinafter) further in view of Mescher et al. (US 2014/0039343) (“Mescher” hereinafter).
In regards to claim 12, Jensen as modified by Leigh discloses the core needle biopsy device of claim 9, that fails to explicitly teach a biopsy device with the controller being configured to receive a multi-sample input from the single button, the controller being configured to drive a plurality of movements of the drive assembly to collect a plurality of tissue samples sequentially. However, Mescher teaches that it is known to provide a biopsy device with the controller (see fig. 22B and par 0121) being configured to receive a multi-sample input from the single button 262, the controller being configured to drive a plurality of movements of the drive assembly (242, 244, 246) to collect a plurality of tissue samples sequentially (see at least fig. 26 and par 0137).Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the controller being configured to receive a multi-sample input from the single button, the controller being configured to drive a plurality of movements of the drive assembly to collect a plurality of tissue samples sequentially as taught by Mescher since such a modification would amount to applying a known technique (i.e., as taught by Mescher) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as capturing several tissue samples in a continuous fashion (see at least par 0137 of Mescher)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 13, Jensen as modified by Leigh discloses the core needle biopsy device of claim 12, that fails to explicitly teach a biopsy device with the multi-sample input from the single button corresponding to a continuous hold of the single button. However, Mescher teaches that it is known to provide a biopsy device with the multi-sample input from the single button 262 corresponding to a continuous hold of the single button 262 (see at least fig. 26 and par 0137).Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the multi-sample input from the single button corresponding to a continuous hold of the single button as taught by Mescher since such a modification would amount to applying a known technique (i.e., as taught by Mescher) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as capturing several tissue samples in a continuous fashion (see at least par 0137 of Mescher)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 14, Jensen as modified by Leigh discloses the core needle biopsy device of claim 12, that fails to explicitly teach a biopsy device with the multi-sample input from the single button corresponding to a continuous hold of the single button, the controller being configured to drive the plurality of movements of the drive assembly to collect a plurality of tissue samples sequentially during the duration of the continuous hold of the single button and stop the plurality of movements of the drive assembly upon release of the continuous hold of the single button. However, Mescher teaches that it is known to provide a biopsy device with the multi-sample input from the single button 262 corresponding to a continuous hold of the single button 262 (see par 0137), the controller (e.g., microcontroller) being configured to drive the plurality of movements of the drive assembly 242, 244, 246) (see fig. 22B and par 0121) to collect a plurality of tissue samples sequentially during the duration of the continuous hold of the single button 262 and stop the plurality of movements of the drive assembly 242, 244, 246) upon release of the continuous hold of the single button 262 (see at least par 0137). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the multi-sample input from the single button corresponding to a continuous hold of the single button, the controller being configured to drive the plurality of movements of the drive assembly to collect a plurality of tissue samples sequentially during the duration of the continuous hold of the single button and stop the plurality of movements of the drive assembly upon release of the continuous hold of the single button as taught by Mescher since such a modification would amount to applying a known technique (i.e., as taught by Mescher) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as capturing several tissue samples in a continuous fashion (see at least par 0137 of Mescher)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2020/0345335) (“Jensen” hereinafter) in view of Leigh et al. (US 2005/0075580) (“Leigh” hereinafter) further in view of Zimmer et al. (US 2020/0215503) (“Zimmer” hereinafter).
In regards to claim 17, Jensen as modified by Leigh discloses the core needle biopsy device of claim 15, that fails to explicitly teach a biopsy device with the controller being configured to receive a user input from only the button. However, Zimmer teaches that it is known to provide a device with the controller 514 being configured to receive a user input from only the button (see at least par 0057). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the controller being configured to receive a user input from only the button as taught by Zimmer since such a modification would amount to applying a known technique (i.e., as taught by Zimmer) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing a single button to control all of the functions of the device (see par 0030 of Leigh) so as to facilitate one-handed operation of the device (see par 0012 of Leigh)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 18, Jensen as modified by Leigh discloses the core needle biopsy device of claim 15, that fails to explicitly teach a biopsy device with the controller being configured to control the drive assembly in response to a user input from the button. However, Zimmer teaches that it is known to provide device with the controller 514 being configured to control the drive assembly (e.g., EFDs) in response to a user input from the button (see at least par 0040 & 0057). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the biopsy device of Jensen as modified by Leigh with the controller being configured to control the drive assembly in response to a user input from the button as taught by Zimmer since such a modification would amount to applying a known technique (i.e., as taught by Zimmer) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing a single button to control all of the functions of the device (see par 0030 of Leigh) so as to facilitate one-handed operation of the device (see par 0012 of Leigh)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 19, Jensen discloses the core needle biopsy device of claim 18, the user input from the button 28-2 being a double tap (see at least par 0051).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2020/0345335) (“Jensen” hereinafter) in view of Leigh et al. (US 2005/0075580) (“Leigh” hereinafter) further in view of Heske et al. (US 2005/0203439) (“Heske” hereinafter).
In regards to claim 20, Jensen discloses a method for collecting a tissue sample using a biopsy device, the method comprising:
(a) pressing a button 28-2 to initiate arming of the biopsy device, arming the biopsy device including retracting a piercer 40 and a cutter 42 proximally relative to a probe and holster of the biopsy device 10 (see par 0051);
(c) pressing the button 28-2 to initiate firing one or more of the piercer 40 or the cutter 42 (see at least par 0051); and,
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(e) acquiring a tissue sample using the piercer 40 and the cutter 42 (see at least par 0052).
Jensen discloses a method, as described above, that fails to explicitly teach a method comprising pressing a single button.
However, Leigh teaches that it is known to provide a method comprising pressing a single button 50 (see at least fig. 1 and par 0028 & 0056).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Jensen comprising pressing a single button as taught by Leigh since such a modification would amount to applying a known technique (i.e., as taught by Leigh) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing a single button to control all of the functions of the device (see par 0030 of Leigh) so as to facilitate one-handed operation of the device (see par 0012 of Leigh)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Jensen as modified by Leigh discloses a method, as described above, that fails to explicitly teach a method comprising (b) indicating the act of arming using an indicator array by adjusting a plurality of indicators of the indicator array to a predetermined first status sequence, (d) indicating the act of firing by adjusting the plurality of indicators of the indicator array to a predetermined second status sequence different from the first status sequence and (f) indicating the step of acquiring by adjusting the plurality of indicators of the indicator array to a predetermined third status sequence different from the first and second status sequences.
However, Heske teaches that it is known to provide a method comprising (b) indicating the act of arming using an indicator array 91-96 by adjusting a plurality of indicators (e.g., diodes 94 goes from being solid green to blinking green, diode 92 goes from being solid green to going out, the diode 91 stays out, see par 0092) of the indicator array 91-96 to a predetermined first status (e.g., cocking) sequence (see par 0092-0094), (d) indicating the act of firing by adjusting the plurality of indicators (e.g., diode 92 lights up green, diode 94 goes out, see par 0095) of the indicator array 91-96 to a predetermined second status (e.g., firing) sequence different from the first status sequence (see par 0095) and (f) indicating the step of acquiring by adjusting the plurality of indicators (e.g., diode 92 blinks green, see par 0095-0096) of the indicator array 91-96 to a predetermined third status sequence different from the first and second status sequences (see par 0095-0096).
Therefore, since Jensen discloses a method comprising one or more LED 28-4 for providing visual feedback of the status of one or more conditions and/or positions of components of biopsy apparatus 10 (see par 0037 thereof), it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Jensen as modified by Leigh comprising (b) indicating the act of arming using an indicator array by adjusting a plurality of indicators of the indicator array to a predetermined first status sequence, (d) indicating the act of firing by adjusting the plurality of indicators of the indicator array to a predetermined second status sequence different from the first status sequence and (f) indicating the step of acquiring by adjusting the plurality of indicators of the indicator array to a predetermined third status sequence different from the first and second status sequences as taught by Heske since such a modification would amount to applying a known technique (i.e., as taught by Leigh) to a known device (i.e., as taught by Jensen) ready for improvement to achieve a predictable result such as providing visual feedback of the status of one or more conditions and/or positions of components of biopsy apparatus--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Allowable Subject Matter
Claims 10-11 is/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.
Conclusion
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/RENE T TOWA/ Primary Examiner, Art Unit 3791
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