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 .
Election/Restrictions
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/22/206.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(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.
Claims 1-7, 10 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zijian et al (CN 213993861).
Zijian et al teaches a delivery apparatus comprising:
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a handle body 2 having a proximal end, a distal end, a longitudinal axis extending between the proximal end and the distal end, and a cavity disposed between the proximal end and the distal end (all self-evident);
a carriage member 43 disposed within the cavity and axially movable relative to the handle body in a direction parallel to the longitudinal axis of the handle body;
a first shaft 1 having a proximal end fixed relative to the carriage member 43;
a second shaft 6 extending through a lumen of the first shaft and fixed relative to the handle body;
and a drive member assembly comprising a knob 41 and a plurality of body members 42 (which rotate with the knob), wherein the knob 41 and each body member of the plurality of body members are formed as separate components (shown above), and wherein the drive member assembly is coupled to the carriage member and the handle body (depicted) such that rotating the knob of the drive member in a first rotational direction relative to the handle body results in the carriage member 43 and the first shaft moving proximally relative to the handle body and the second shaft and such that rotating the knob of the drive member in a second rotational direction relative to the handle body results in the carriage member and the first shaft moving distally relative to the handle body and the second shaft.
Claim 2, the carriage member includes a threaded portion, as shown, wherein the plurality of body members 42 of the drive member assembly forms a threaded lumen (not shown) configured to threadably receive the threaded portion of the carriage member.
Claim 3, as shown above, the drive member assembly is coupled to the handle body such that the drive member assembly is rotatable and axially fixed relative to the handle body.
Claim 4, the plurality of body members 42 of the drive member assembly forms a flange (depicted) configured to engage the handle body such that the drive member assembly is rotatable and axially fixed relative to the handle body.
Claim 5, the delivery apparatus of any one of claims 1-4, wherein the carriage member 43 is coupled to the handle body such that the carriage member is axially movable (via external threads engaging internal threads of the body members) and rotationally fixed relative to the handle body because the carriage rides on rails 44.
Claim 6, wherein the handle body 2 comprises one or more projections 44 extending therefrom and configured to engage the carriage member such that the carriage member is axially movable and rotationally fixed relative to the handle body.
Claim 7, see the figures above teaching wherein the plurality of body members includes exactly two body members.
Claim 10, see the figure above showing the each of the body members of the plurality of body members is identical.
Claim 15, the knob and one or more of the body members of the plurality of body members comprises are formed separately, however, rotate together. It is inherently there is one or more mating features configured for coupling the knob and the plurality of body member together.
Claim 16, see the discussion of claim 1 and the included figure above showing a drive member assembly for a delivery apparatus, comprising: a knob; and a plurality of body members, wherein each body member of the plurality of body members is formed as a separate component from the knob and the other body members of the plurality of body members.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 8-9, 11-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over by Zijian et al (CN 213993861). Evidenced by 2014/0228800.
Zijian et al teaches a delivery apparatus as described above including wherein the plurality of body members includes exactly two body members, however, Zijian et al fails to teach wherein the plurality of body members includes exactly three body members or exactly four body members.
Applicant’s specification teaches:
[0144] In the illustrated example, the first body member 604a and the second body member 604b are identical parts with mating features enabling the two pieces to be coupled together. As such, the first and second body members may also be referred to as “body halves.” In some examples, a drive member assembly can comprise more than two body members (e.g., three or four body members).
The examiner fails to find any patentably difference between exactly two, exactly three or exactly three. Applicant fails to disclose that exactly three or exactly four provides an advantage, is used for a particular purpose, or solve a stated problem. It would have obvious to one having ordinary skill in the art to have tried to make the plurality of body member from any number including exactly three or exactly four with a reasonably expectation of success.
Regarding claims 11-14:
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The depicted drawing reasonably shows to one having ordinary skill in the art
wherein one or more of the body members of the plurality of body members comprises one or more mating features configured for coupling the plurality of body members together.
Claims 12-14, it is not clear if the one or more mating features include one or more guide bosses and one or more guide recesses and wherein the one or more guide recesses are configured to receive the one or more guide bosses therein, one or more snap hooks and one or more snap hook openings and wherein the one or more snap hook openings are configured to receive the one or more snap hooks therein or one or more mating features include one or more alignment tabs and one or more alignment notches and wherein the one or more alignment notches are configured to receive the one or more alignment tabs therein. It would have obvious to one having ordinary skill in the art to have tried any one of the claimed mating features for those of Zijian et al with a reasonably expectation of success. The examiner provides Rezac et al as evidence of different mating features. See Par. 00917 below.
Claims 17: Zijian et al fails to teach the knob and each body member of the plurality of body members is formed via molding. The examiner provides applicant cited Rezac et al as evidence teaching constructing drive member assembly comprising a knob and a plurality of body members 201A, 202B from plastic (par. 0197).
[0197] Specifically, in this invention embodiment, threads along the surface of a driver mate with corresponding threading along the inner surfaces of the two interior shell halves. The drivers also interface with distally-extending members (such as members 202) and also correspond to and/or engage with geometric features along either the exterior shell halves 200A, 200B and/or along the interior shell halves 201A, 201B in order to position and actuate the distally-extending members 202 relative to each other and relative to the actuation handle. The interior and exterior shells and the drivers may be fabricated from any suitable materials, e.g., plastic materials, that satisfy conventional structural and other performance characteristics for catheters. In FIG. 2, reference numerals 205A through 205H identify screws used to secure exterior shell halves 200A and 200B to each other after the various internal components of the apparatus are assembled. It will be understood that alternative shell-half connection/fastening systems, for example a "snap-fit" system utilizing correspondingly sized and positioned pins or projections and matching pin holes along the mating edges of two shell halves, can be substituted for the connection system of screws and screw holes illustrated in FIG. 2.
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It would have been obvious to one skill in art to have used plastic for the knob and each body member of the plurality of body members of Zijian et al as a suitable material. Further, molding plastic is a well-known method of forming it. Finally, the method of molding does not differentiate the final product.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/ Primary Examiner, Art Unit 3774
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