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 .
Claim Objections
The claims contain minor informalities.
In claim 1, the language “[[Vessel]] A vessel harvesting apparatus for …” should be changed for clarity.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-19 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of Fujii; Tatsunori et al. (US 11877765 B2).
Regarding pending claim 1, Fujii claims all limitations in patented claim 1. Although Fujii further claims that removal channel is disposed within the endoscopic instrument, Fujii claims all features of pending claim 1.
Regarding pending claim 11, Fujii claims all limitations in patented claim 10. Although Fujii further claims that removal channel is disposed within the endoscopic instrument, Fujii claims all features of pending claim 11.
Regarding pending claim 17, Fujii claims all limitations in patented claim 16. Although Fujii further claims that removal channel is disposed within the endoscopic instrument, Fujii claims all features of pending claim 17.
Regarding pending claims 2-10, 12-16, 18 and 19, Fujii claims all limitations in patented claims 2-9, 11-15, 17 and 18 as shown in table 1.
Table 1: Fujii double patenting
Pending claim
Fujii
Pending claim
Fujii
Pending claim
Fujii
2
2
8
8
15
14
3
3
9
7, 8
16
15
4
4
10
9
18
17
5
5
12
11
19
18
6
6
13
12
7
7
14
13
Conclusion
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/Adam Marcetich/
Primary Examiner, Art Unit 3781