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 .
Response to Amendment
As of the reply filed 3/18/2026, claims 1-5, 9-10, 19, and 21-32 are pending. Claims 1-5, 9-10, and 19 have been amended. Claims 5-8, 11-18, and 20 have been canceled. Claims 21-32 are new.
Response to Arguments
Applicant’s amendments to claims 10 and 19 have overcome the previously filed 112(b) rejection and claim objection, respectively, therefore the 112(b) rejection and claim objection are both withdrawn.
Applicant's arguments filed 3/18/2026 have been fully considered but they are not persuasive.
With respect to Applicant’s argument that Kimura et al. as modified by Alpern et al. fails to disclose “a fixing body configured to connect the cartridge and the applicator… [and] a pack configured to package the cartridge, the applicator, and the fixing body together in a state in which the cartridge and the applicator are connected relative to each other” and that “the cartridge is configured to be detachable from the applicator when the clip is loaded into the applicator” (see Remarks page 2) as applied to claims 1 and 19, the Examiner respectfully disagrees. The combination of Kimura et al. and Alpern et al. yields a pack (90 in Fig. 14 of Kimura et al.) including the cartridge (70), the fixing body (74) and the applicator (10 in Fig. 1 of Kimura et al., see applicator 72 in Fig. 2C of Alpern et al.). Each of these components, when combined in this way, are connected to one another via the pack (90 in Fig. 14 of Kimura et al., see also Fig. 2C of Alpern et al.), therefore they are connected relative to one another. Furthermore, Kimura et al. discloses wherein the cartridge (70 in Fig. 19) is configured to be detachable from the applicator (10 in Fig. 1, see sheath 20 in Fig. 19 detaching from aperture 80 as seen in Fig. 18) when the clip (61 in Fig. 19) is loaded into the applicator (10 in Fig. 1, see clip 61 attaching to wire 32 of the applicator in Fig. 19), reading on the amended limitations.
With respect to Applicant’s argument that Kimura et al. fails to disclose “that the fixing body is configured to release the connection between the cartridge and the applicator when an external force is applied” since (see pages 3-4 of Remarks) as applied to claims 1, 9, and 19, since “Kimura appears to operate in a manner opposite to the fixing body recited in presently amended claim 9”, the Examiner respectfully disagrees since the amended claim language does not specify where the external force is applied. Kimura et al. discloses that detachment of the cartridge (70) and the applicator (10 in Fig. 1, see unmarked applicator in Fig. 19 being removed/detached) occurs when the fixing body (74) is released and an external pulling force is applied to the applicator (PP [0144]: “when a force of pinching the compressing portions 74 of the cartridge (the clip case) 70 is weakened, the compressing portions 74 are expanded in the vertical direction by a restoring force caused due to elasticity… Therefore, the introduction tube 20 can be pulled out from the introduction tube inserting portion 80 of the cartridge 70”, the fixing body 74 releases the sheath 20 of applicator 10 when 74 is released and an external force is applied to the sheath 20 of applicator 10), which reads on the amended claim language.
Newly added independent claim 28 and newly added dependent claims 21-27 and 29-32 are rejected for the same reasons as set forth above.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “fixing body” in claims 4-5 and 9-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claims 9-10 and 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al. (US PGPub 2007/0112359 A1).
With respect to claim 9, Kimura et al. discloses a clip system (see Figs. 18-19) comprising:
a clip (61);
a cartridge (70 with upper case 71 and lower case 72 in Fig. 18) configured to store the clip (61); and
an applicator (10 in Fig. 1, see components in Fig. 18) into which the clip (61) is configured to be loaded, wherein the cartridge (70 with upper case 71 and lower case 72) includes a fixing body (74) configured to connect the cartridge (70) and the applicator (10, PP [0132]: “the instruction tube 20 of the clip introduction device 10 is inserted all the way into the introduction tube inserting portion (the coil inserting portion) 80 from the inlet 82 of the compressing portion 74 of the cartridge 70 which is in such a state”), and wherein the fixing body (74) is configured to release the connection between the cartridge (70) and the applicator (10) when an external force is applied (PP [0144]: “when a force of pinching the compressing portions 74 of the cartridge (the clip case) 70 is weakened, the compressing portions 74 are expanded in the vertical direction by a restoring force caused due to elasticity… Therefore, the introduction tube 20 can be pulled out from the introduction tube inserting portion 80 of the cartridge 70”, the fixing body 74 releases the sheath 20 of applicator 10 when 74 is released and an external force is applied to the sheath 20 of applicator 10).
Regarding claim 10, Kimura et al. further discloses wherein the cartridge (70 with upper case 71 and lower case 72 in Fig. 18) includes:
a hole (82) configured to receive a sheath of the applicator (10 in Fig. 1, see components in Fig. 18), and wherein the fixing body (74) includes a compressing portion positioned to sandwich the hole (PP [0132]: “the instruction tube 20 of the clip introduction device 10 is inserted all the way into the introduction tube inserting portion (the coil inserting portion) 80 from the inlet 82 of the compressing portion 74 of the cartridge 70 which is in such a state”, PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed”).
Regarding claim 26, Kimura et al. further discloses wherein the fixing body (74 in Fig. 12) includes a wing (74a protrudes with respect to 74 and can be considered to be a wing) extending from the fixing body (74) toward a distal end of the cartridge (70, 74a extends distally relative to the proximal-most end of 74).
Regarding claim 27, Kimura et al. further discloses wherein the cartridge (70 in Fig. 18) is configured to be detachable from the applicator (10 in Fig. 1, see also partial view including sheath 20 in Fig. 18) when the clip (61 in Fig. 18) is loaded into the applicator (10 in Fig. 1, see also sheath 20 in Fig. 18 entering cartridge 70) in response to the external force (PP [0144]: “when a force of pinching the compressing portions 74 of the cartridge (the clip case) 70 is weakened, the compressing portions 74 are expanded in the vertical direction by a restoring force caused due to elasticity… Therefore, the introduction tube 20 can be pulled out from the introduction tube inserting portion 80 of the cartridge 70”, the fixing body 74 releases the sheath 20 of applicator 10 when 74 is released and an external force is applied to the sheath 20 of applicator 10, see Fig. 19 where the clip 61 is also removed with the applicator).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al. (US PGPub 2007/0112359 A1) in view of Alpern et al. (US Patent No. 5,392,917).
With respect to claim 1, Kimura et al. discloses a clip system (see Fig. 18) comprising:
a clip (61);
a cartridge (70 with upper case 71 and lower case 72) configured to store the clip (61);
an applicator (10 in Fig. 1, see components in Fig. 18) into which the clip (61 in Fig. 18) is configured to be loaded (see Fig. 19);
a fixing body (74) configured to connect the cartridge and the applicator; and
a pack (see 90 in Fig. 14) configured to package the cartridge (70) and the fixing body (74) together.
However, since the pack (90 in Fig. 14) does not show the applicator, Kimura et al. does not disclose a pack configured to package the cartridge, the applicator, and the fixing body together in a state in which the cartridge and the applicator are connected relative to each other, wherein, the cartridge is configured to be detachable from the applicator when the clip is loaded into the applicator.
In the same field of surgical fastener kits (abstract), Alpern et al. teaches a kit (see 75 in Fig. 2C) comprising a cartridge (82) containing fasteners and a fastener applicator (72).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the Kimura et al. device to incorporate the teachings of Alpern et al. and include the applicator in the pack disclosed therein such that the cartridge, the applicator, and the fixing body are connected via the packaging material and detachable upon removal when the clip is loaded into the applicator. One of ordinary skill in the art would have been motivated to perform this modification because doing so would have constituted a combination of prior art elements according to known methods (the assembly of a cartridge, a fastener, and an applicator into a singular pack) to yield predictable results, particularly since Kimura et al. already contemplates “enclosing the clip introduction device 10 in the sterile pack 90” (PP [0178]).
Regarding claim 2, Kimura et al. as modified by Alpern et al. further discloses wherein the clip (61 in Fig. 13 of Kimura et al.) and the applicator (10 in Fig. 1) are packaged in the pack (see Fig. 2C of Alpern et al.) in a connected state (the combination as proposed would have the applicator and cartridge in the same kit, connected via the kit tray 60 which they are both in contact with).
Regarding claim 3, Kimura et al. as modified by Alpern et al. further discloses wherein the clip (61 in Fig. 13 of Kimura et al.) and the applicator (10 in Fig. 1) are packaged in the pack (see Fig. 2C of Alpern et al.) in a separate state (see Fig. 2C of Alpern et al. where the cartridge 83 and the applicator 72 are not touching and are therefore in a separate state).
Regarding claim 4, Kimura et al. as modified by Alpern et al. further discloses wherein the cartridge (70 with upper case 71 and lower case 72 in Fig. 18 of Kimura et al.) includes:
the fixing body (74) configured to engage with the applicator (10 in Fig. 1, see PP [0132-0133] cited below) to allow the clip (61) to be loaded into the applicator (PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed, and the introduction tube fixing portion 85 thereby holds the distal-end-side coil 22 of the introduction tube 20. Therefore, the introduction tube 20 is fixed in the axial direction”), the fixing body (74) including a compressing portion configured to elastically press and hold a sheath (20) of the applicator (PP [0132]: “the instruction tube 20 of the clip introduction device 10 is inserted all the way into the introduction tube inserting portion (the coil inserting portion) 80 from the inlet 82 of the compressing portion 74 of the cartridge 70 which is in such a state”, PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed”).
Regarding claim 5, Kimura et al. as modified by Alpern et al. further discloses wherein the cartridge (70 with upper case 71 and lower case 72 in Fig. 18 of Kimura et al.) further includes:
a hole (82) configured to receive the sheath of the applicator (10 in Fig. 1 with sheath 20, see components in Fig. 18), and wherein the fixing body (74) includes the compressing portion to sandwich the hole (PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed, and the introduction tube fixing portion 85 thereby holds the distal-end-side coil 22 of the introduction tube 20. Therefore, the introduction tube 20 is fixed in the axial direction”).
Regarding claim 19, Kimura et al. as modified by Alpern et al. further discloses wherein:
the applicator (10 in Fig. 1 of Kimura et al.) includes:
a sheath (20);
a wire (30) inserted into the sheath (20); and
a connector (31) located at a distal end of the wire (30), the connector (31) configured to connect the applicator (10) and the clip (PP [0054]: “The hook portion 31 is used to hook a clip unit 60 (see FIG. 7)”),
the cartridge (70 with upper case 71 and lower case 72 in Fig. 18) includes:
a storing body (71 and 72 in Fig. 12) having a container (77) configured to store the clip (61); and
a compressing portion (74) configured to fix the sheath (20) and the storing body (71 and 72, PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed, and the introduction tube fixing portion 85 thereby holds the distal-end-side coil 22 of the introduction tube 20. Therefore, the introduction tube 20 is fixed in the axial direction”), the compressing portion (74) including a first compressing portion and a second compressing portion (see two halves of 74 in Fig. 12), the first compressing portion having an open state and a closed state relative to the second compressing portion, the first compressing portion and the second compressing portion biased to the closed state (PP [0106]: “the coupling portions 73a between the clip unit accommodating portions 73 and the compressing portions 74 are bent in such a manner that the compressing portions 74 of the upper case 71 and the lower case 72 are separated from each other. Therefore, a gap 74b is formed between the compressing portions 74 of both the upper case 71 and the lower case 72”), the first compressing portion and the second compressing portion sandwiching the sheath (see PP [0133]).
Regarding claim 21, Kimura et al. as modified by Alpern et al. further discloses wherein the cartridge (70 in Fig. 18 of Kimura et al.) includes an opening (inlet 82 which connects to tube insertion portion 80) into which the applicator (10 in Fig. 1, see also sheath 20 being inserted into 82 in Figs. 18-19) is insertable, and the applicator (10 in Fig. 1, see also sheath 20 in Figs. 18-19) is inserted into the opening (82) when the cartridge (70) is connected to the applicator (10 in Fig. 1, see also sheath 20 being inserted into 82 in Figs. 18-19, where the cartridge 70 is connected to the sheath 20 of the applicator).
Regarding claim 22, Kimura et al. as modified by Alpern et al. further discloses wherein when the cartridge (70 in Figs. 18-19 of Kimura et al.) is connected to the applicator (10 in Fig. 1, see sheath 20 of applicator 10 in Figs. 18-19 connected to the cartridge 70), the cartridge (70) and the applicator (10 in Fig. 1, see sheath 20 of applicator 10 in Figs. 18-19) are directly connected to each other (sheath 20 directly enters and contacts cartridge 70).
Regarding claim 23, Kimura et al. as modified by Alpern et al. further discloses wherein the clip (61 in Fig. 19 of Kimura et al.) is slidably housed in the cartridge (70, see Fig. 19 where the clip 61 slides relative to the cartridge 70).
Regarding claim 24, Kimura et al. as modified by Alpern et al. further discloses wherein the fixing body (74 in Fig. 12 of Kimura et al.) includes a wing (74a protrudes with respect to 74 and can be considered to be a wing) extending from the fixing body (74) toward a distal end of the cartridge (70, 74a extends distally relative to the proximal-most end of 74).
Regarding claim 25, Kimura et al. as modified by Alpern et al. further discloses wherein the fixing body (74 in Fig. 12 of Kimura et al.) is configured to release the connection between the cartridge (70) and the applicator (10 in Fig. 1, see also sheath 20 in Figs. 18-19) when an external force is applied (PP [0144]: “when a force of pinching the compressing portions 74 of the cartridge (the clip case) 70 is weakened, the compressing portions 74 are expanded in the vertical direction by a restoring force caused due to elasticity… Therefore, the introduction tube 20 can be pulled out from the introduction tube inserting portion 80 of the cartridge 70”, the fixing body 74 releases the sheath 20 of applicator 10 when 74 is released and an external force is applied to the sheath 20 of applicator 10, see Fig. 19 where the clip 61 is also removed with the applicator).
With respect to claim 28, Kimura et al. discloses a cartridge system (see Figs. 1-2 for the applicator, Figs. 12 and 18-19 for the cartridge and combination) comprising:
a treatment tool (62 in Fig. 12);
a cartridge (70) configured to store the treatment tool (61);
an applicator (10 in Fig. 1, see sheath 20 in Figs. 18-19) into which the treatment tool (61) is configured to be loaded (see loading process in Fig. 19);
a fixing body (74) configured to connect the cartridge (70) and the applicator (10 in Fig. 1, see sheath 20 in Figs. 18-19); and
a pack (90 in Fig. 14) configured to package the cartridge (70) and the fixing body (74), wherein the cartridge (70) is configured to be detachable from the applicator (10 in Fig. 1, see also partial view including sheath 20 in Fig. 18) when the clip (61 in Fig. 18) is loaded into the applicator (10 in Fig. 1, see also sheath 20 in Fig. 18 entering cartridge 70, PP [0144]: “when a force of pinching the compressing portions 74 of the cartridge (the clip case) 70 is weakened, the compressing portions 74 are expanded in the vertical direction by a restoring force caused due to elasticity… Therefore, the introduction tube 20 can be pulled out from the introduction tube inserting portion 80 of the cartridge 70”, the fixing body 74 releases the sheath 20 of applicator 10 when 74 is released and an external force is applied to the sheath 20 of applicator 10, see Fig. 19 where the clip 61 is also removed with the applicator).
However, since the pack (90 in Fig. 14) does not show the applicator, Kimura et al. does not disclose a pack configured to package the cartridge, the applicator, and the fixing body together in a state in which the cartridge and the applicator are connected relative to each other.
In the same field of surgical fastener kits (abstract), Alpern et al. teaches a kit (see 75 in Fig. 2C) comprising a cartridge (82) containing fasteners and a fastener applicator (72).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the Kimura et al. device to incorporate the teachings of Alpern et al. and include the applicator in the pack disclosed therein such that the cartridge, the applicator, and the fixing body are connected via the packaging material and detachable upon removal when the clip is loaded into the applicator. One of ordinary skill in the art would have been motivated to perform this modification because doing so would have constituted a combination of prior art elements according to known methods (the assembly of a cartridge, a fastener, and an applicator into a singular pack) to yield predictable results, particularly since Kimura et al. already contemplates “enclosing the clip introduction device 10 in the sterile pack 90” (PP [0178]).
Regarding claim 29, Kimura et al. as modified by Alpern et al. further discloses wherein the treatment tool is a clip (61 in Fig. 12 of Kimura et al. is a clip).
Regarding claim 30, Kimura et al. as modified by Alpern et al. further discloses wherein the cartridge (70 in Figs. 18-19 of Kimura et al.) is configured to be detachable from the applicator (10 in Fig. 1, see also partial view including sheath 20 in Fig. 18) when the clip (61 in Fig. 18) is loaded into the applicator (10 in Fig. 1, see also sheath 20 in Fig. 18 entering cartridge 70).
Regarding claim 31, Kimura et al. as modified by Alpern et al. further discloses wherein the cartridge (70 in Fig. 18 of Kimura et al.) further includes a hole (82) configured to receive the sheath of the applicator (10 in Fig. 1 with sheath 20, see components in Fig. 18), and wherein the fixing body (74) includes the compressing portion to sandwich the hole (PP [0133]: “the compressing portion 74 of the cartridge 70 is pinched and compressed by fingers. At this time, the compressing portion 74 is elastically deformed, and the introduction tube fixing portion 85 thereby holds the distal-end-side coil 22 of the introduction
Regarding claim 32, Kimura et al. as modified by Alpern et al. further discloses wherein the fixing body (74 in Fig. 12 of Kimura et al.) includes a wing (74a protrudes with respect to 74 and can be considered to be a wing) extending from the fixing body (74) toward a distal end of the cartridge (70, 74a extends distally relative to the proximal-most end of 74).
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 Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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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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/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
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