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
Claims 1, 8, 17 are objected to because of the following informalities:
Claims 1, 8, and 17 recite “a body having distal region.” This is missing an (indefinite) article.
Appropriate correction is required.
Claim Interpretation
The “midpoint” is taken to be that point which is halfway along an axis between a proximal most point and distal most point of the body.
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.
Claims 12-16 are 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 12 recites “substantially square.” It is unclear what the bounds of the claim are and how close it must be to be “substantially” square. The specification does not provide guidance.
Claim 15 recites the body is formed as “one piece.” It is unclear what this means in manufacturing terms, nor does the specification provide guidance. Would two pieces welded together constitute “one piece,” for example?
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) 1-4, 8-9, 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Kock et al. [US 2020/0222685 A1, hereinafter “De Kock”].
Re. claim 1, De Kock discloses a tool [200, Figs. 4-8] for implanting a medical lead [Par. 0002], the tool comprising:
a body [202, 204, 206, and 248, together] having a distal region including a distal end, a proximal region including a proximal end, a central axis extending from the distal end to the proximal end, and a midpoint between the distal end and the proximal end [see Annotated Fig. 5];
PNG
media_image1.png
511
684
media_image1.png
Greyscale
the distal region including a rounded tip, and a distal lip surrounding a distal opening [Annotated Fig. 5] leading to a distal cavity [212, the portion inside of 208] dimensioned to receive and frictionally engage a connector component of the implantable lead [Par. 0068];
the proximal region including a proximal lip surrounding a proximal opening [Annotated Fig. 6] leading to a proximal cavity [256]
PNG
media_image2.png
371
889
media_image2.png
Greyscale
a chamber [Annotated Fig. 6; inside 204] located between the distal cavity and the proximal cavity [Fig. 6];
a first window [234A]; and
a pair of resilient arms [246 A-B, described as resilient in Par. 0072] defining at least a portion of the chamber [Fig. 6] and configured to frictionally engage a terminal pin of the implantable lead [Par. 0072;
wherein the first window, chamber, and pair of resilient arms are located distal of the midpoint [see Annotated Fig. 6 below].
PNG
media_image3.png
371
645
media_image3.png
Greyscale
Re. claim 8, De Kock discloses the apparatus as set forth with respect to claim 1 above. De Kock further discloses a second window [234B or C] and wherein the second window is also distal of the midpoint [see Annotated Fig. 6 indicating midpoint, claim 1 above]
Re. claim 17, De Kock discloses the apparatus as set forth with respect to claim 1 above. De Kock further discloses the distal opening has a diameter smaller than the proximal opening [Fig. 6 shows the relative sizes of the openings].
Re. claim 2, De Kock discloses The tool of claim 1, further comprising one or more indicia [indicator arrows 218] located on a surface of the body.
Re. claim 3, De Kock discloses the body includes a reduced diameter portion [see annotated Fig. 5], the reduced diameter portion being located proximal of the midpoint.
PNG
media_image4.png
417
543
media_image4.png
Greyscale
Re. claim 4, De Kock discloses The tool of claim 1, wherein the distal cavity includes a cylindrical portion and a tapered portion.
PNG
media_image5.png
386
889
media_image5.png
Greyscale
Re. claims 9 and 18, De Kock discloses the first and second windows as set forth with respect to claim 8 above. As shown in Fig. 4, at least one of 234 B or C is located at a position opposite the first window (at least in part, because a line can be formed that extends from one side to the other through the two windows). De Kock discloses The first window and the second window allow for viewing of the chamber [when 244 Is removed. See Fig. 4]
Allowable subject matter
Claims 5-7, 10-16, and 19-20 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 and in the case of claims 12-16 to overcome the 112(b) rejection.
The closest prior art of record (De Kock) fails to teach or suggest the chamber tapering from the opening toward a shoulder as in claim 5, or the first and second window reducing in cross-section towards a central axis, as in claims 10 and 19. Nor is there a clear reason to modify the apparatus of De Kock to possess either of these claimed features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-F 9 am to 5 pm ET.
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, JACKIE HO can be reached at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIN MCGRATH/Primary Examiner, Art Unit 3771