DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 19th, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the currently pending claims 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.
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.
Claim 91 is 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 91 recites the limitation "at least three of said openings" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the claim has been interpreted to read: 91. (Currently Amended) The speculum of claim 83, wherein said petal assembly includes at least three petals and defines at three
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 83 and 92 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Hamada (US 2008/0132764).
Regarding claim 83, Hamada discloses a surgical access device, comprising a handle (181,figure 22) for gripping by a user; and a petal assembly (35, figure 1), connected to said handle (figure 25), including a plurality of petals (65, 69) for dilating an introitus of a patient (figures 22-24) and defining a viewing axis between said petals (central longitudinal axis between the petals) and extending between a proximate end of said petal assembly adjacent said handle and a distal end of said petal assembly remote from said handle (figures 11, 23-24), wherein said petal assembly is moveable between a dilated configuration (figures 11, 23-24) and a retracted configuration (figures 9, 22); and pinch guard structure (35, figure 1), disposed radially inside of said petal assembly (figures 3, 22), for inhibiting collapsing of walls of said introitus, radially between sides of adjacent petals, into an interior of said petal assembly when said petal assembly is in said dilated configuration (figures 23, 32); wherein, in said dilated configuration, said pinch guard structure extends into said petal assembly by at least a majority of a length of the petal assembly between said proximate end and said distal end (figures 11, 23-24, 32).
Regarding claim 92, Hamada discloses portions of said petals of said petal assembly that overlap in said dilated configuration (portions overlap at 101 and 103 see figure 7).
Allowable Subject Matter
Claims 61 and 66-71 are allowed.
Claims 84-90 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. Claim 91 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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