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 .
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In view of the amendments to the claims, new prior art rejections are presented below.
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) 1-9, 21, and 22 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Winkler et al. (US 2014/0142597). Winkler discloses a clip for a portion of a heart, the clip comprising: a first jaw (310; fig. 9) having a distal end portion and a proximal end portion and a compression surface (326) and an outer surface facing opposite the compression surface; a second jaw (312) having a distal end portion and a proximal end portion and a compression surface (426) and an outer surface facing opposite the compression surface of the second jaw, and a groove (best shown in figs. 9,16,17; see annotated figure below; noting step in thickness from lateral surface 442 of the jaw 312 to lateral surface 450) at the proximal end portion of the second jaw for receiving the proximal end portion of the first jaw (see fig. 9); and a slotted pin joint (slot 364; pin 380) coupled to the first jaw and the second jaw and configured to allow the first jaw to move relative to the second jaw to compress the portion of the heart between the first jaw and the second jaw. The clip also comprises a spring (314; fig. 9) configured to force the first jaw towards the second jaw and extending over the outer surface of the first jaw and extending over the outer surface of the second jaw. It is noted that “for a portion of a heart” is a recitation of intended use. Because the clip of Winkler is capable of being applied to a portion of the heart, it meets this recitation of intended use.
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Regarding claim 2, the slotted pin joint is positioned at the proximal end portions of the first jaw and the second jaw (see figs. 9-17)
Regarding claim 3, the distal end portion of the first jaw and the distal end portion of the second jaw define an opening (when distal ends are pivoted away from each other) for a channel (space between jaws) for receiving the portion of the heart. See also fig. 10.
Regarding claim 4, the slotted pin joint is configured to allow the first jaw to angle relative to the second jaw such that the channel has a width at the proximal end portions of the first jaw and the second jaw that is greater than a width at the distal end portions of the first jaw and the second jaw (see [0016] and claims 28-29 of Winkler, noting second jaw is pivotally and radially repositionable relative to first jaw). Noting that this is a recitation of intended use, the prior art must only be capable of carrying out this function in order to meet the limitation. Winkler discloses a pin pivotable and slidable within the elongated opening (364) of slotted pin joint. If a small enough tissue is placed only between proximal end portions of the jaws once the spring is positioned over the clip, the resistance from the tissue and the bias of the spring (314) will cause distal ends of the jaws to pivot (about the bar) towards each other while the proximal end portions are lifted away from each other because the tissue slides the pin upwards in the elongated groove, similar to the instant invention. Thus, the channel will have a greater width at the proximal end portions of the jaws than at the distal end portions.
Regarding claim 5, the limitation “the slotted pin joint is configured to allow the distal end portions of the first jaw and the second jaw to close prior to the proximal end portions of the first jaw and the second jaw” is a recitation of intended use. As discussed above with respect to claim 4, the pivoting joint (slot 364; pin 380) allows the pin (380) to pivot and slide within the elongated opening (364), and the jaws are biased together by spring (314), and thus the prior art of Winkler is capable of performing the intended use in the same manner as the instant invention if an appropriately sized tissue is placed between the jaws.
Regarding claim 6, the slotted pin joint is configured to allow the first jaw to extend parallel with the second jaw (see movement from fig. 10 to fig. 9).
Regarding claim 7, the first jaw extends along an axis, and the slotted pin joint includes a slot (elongated opening 364) on the first jaw (310; fig. 11, 12) extending transverse to the axis and a pin (380) on the second jaw (312; fig. 11, 16) configured to slide along the slot (as understood in view of figs. 9-13 and par. [0058]).
Regarding claim 8, the slot (364) extends perpendicular to the axis (see figs. 10,12).
Regarding claim 9, the slot includes an upper end and a lower end, and the pin is configured to slide along the slot towards the upper end to increase a distance between the first jaw (see figs. 9, 10; [0058]) and the second jaw and is configured to slide along the slot towards the lower end to reduce a distance between the first jaw and the second jaw.
Regarding claim 21, the spring (314; fig. 8, 9) includes an upper distal portion (lower 222,224 as viewed in fig. 9, noting “upper” and “lower” is dependent on orientation of clip), a lower distal portion (lower 222,224), and a proximal portion (220) including a bend portion that extends over the proximal end portion of the first jaw and the proximal end portion of the second jaw and couples the upper distal portion to the lower distal portion (fig. 8, 9), the upper distal portion extending over the outer surface of the first jaw (310) and the lower distal portion extending over the outer surface of the second jaw (312).
Regarding claim 22, the upper distal portion applies a force to the first jaw at the distal end portion of the first jaw such that the distal end portions of the first jaw and the second jaw close prior to the proximal end portions of the first jaw and the second jaw (e.g., when a small/thin piece of tissue is held between the two jaws near their proximal ends and forces the pin to slide upwards in the opening 364, the distal end portions of the first and second jaws will close under the force of spring 314 prior to the proximal end of the first and second jaws, similar to instant application).
Conclusion
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 KATHLEEN SONNETT HOLWERDA whose telephone number is (571)272-5576. The examiner can normally be reached M-F, 8-5, with alternate Fridays off.
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KSH 2/11/2026
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771