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
Claim 41 is objected to because of the following informalities: The end of the claim includes a semicolon and the word “and”. It appears these should be deleted.
Appropriate correction is required.
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 27, 29, 31-35, and 38-39 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.
Regarding claim 27, Examiner notes claim 26 recites, in relevant part, that “the first pulling assembly comprises at least one elongate member that is extendable and retractable for movement within the body duct, and at least one distal balloon inflatable for frictionally engaging an interior surface of the body duct….” Claim 27 depends from claim 26 and further recites that “the first pulling assembly comprises: a first elongate member carrying a first distal inflatable balloon; and a second elongate member carrying a second distal inflatable balloon.” It is unclear whether:
The “first elongate member” and “second elongate member” in claim 27 are the same elongate member(s) referenced in claim 26’s “at least one elongate member,” or are additional elongate members distinct from the “at least one elongate member” of claim 26; and
The “first distal inflatable balloon” and “second distal inflatable balloon” in claim 27 are the same balloon(s) as the “at least one distal balloon” of claim 26, or are additional balloons.
Claim 29 recites the limitation "the deployable anchor" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 31-35 are also rejected because they depend from claim 29.
Claim 31 recites the limitation "the lateral movement device" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation "the spanned sections" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 32-35 are additionally rejected because they depend from claim 31.
Regarding claim 38, it is unclear if the “first and second sections” recited in lines 11-12 are the same as the “sections” recited in line 3, or additional/separate sections.
Claim 39 is also rejected because it depends from claim 38.
Allowable Subject Matter
Claims 26-45 would be allowed if the issues outlined above are overcome.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 26, the prior art fails to disclose or suggest the claimed manipulation apparatus with an anchor and pulling assembly (having a distal balloon on an elongate member) where the balloon frictionally engages an interior surface of a body duct to enable the engaged tissue to be pulled towards the anchor.
Regarding independent claim 38, the prior art fails to disclose or suggest the claimed manipulation apparatus with an anchor and pulling assembly (having a either a lateral movement device and/or a deployment device as claimed) that contracts a portion of the body duct in a lengthwise direction by pulling distant tissue towards the anchor.
Regarding independent claim 40, the prior art fails to disclose or suggest the claimed endoscopic method of manipulating tissue using the manipulation apparatus substantially as required by independent claim 38.
Regarding independent claim 42, the prior art fails to disclose or suggest the claimed endoscopic method of navigating within the gastro-intestinal tract of a patient using the manipulation apparatus substantially as required by independent claim 26.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for a general showing of the state of the art of duct tissue manipulators with similar structures as the claimed duct tissue manipulator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J SEVERSON whose telephone number is (571)272-3142. The examiner can normally be reached Monday-Friday 6:00-2:00 central.
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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.
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/Ryan J. Severson/Primary Examiner, Art Unit 3771
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