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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/15/2026 has been entered.
Status of the Claims
No claims were amended or newly added. Claims 1-15 and 21 were previously cancelled. Accordingly, claims 16-20 remain pending in the application.
Drawings
The drawings were received on 5/6/2026. These drawings are acceptable.
Information Disclosure Statement
The IDS dated 6/15/2026 has been considered. A signed copy is enclosed herewith.
Claim Objections
Claims 16 and 20 are objected to because of the following informalities: the claims recite, “a distal end wall located opposite a proximal end wall, the concave wall extends between the distal end and the proximal end” in lines 8-9 of claim16 and lines 10-11 of claim 20. The phrases, “the distal end” and “the proximal end” do not have proper antecedent basis, but do not rise to the level of indefiniteness. For improved clarity, it is suggested that “a distal end wall located opposite a proximal end wall, the concave wall extends between the distal end and the proximal end” is replaced with “a distal end wall located opposite a proximal end wall, the concave wall extends between the distal end wall and the proximal end wall”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 19 recites, “wherein the form further comprises at least one stabilizing feature being confirmed to stabilize the form”. Claim 19 depends from claim 16. Claim 16 sets out the same limitation at lines 12-13 of the claim. Accordingly, claim 19 does not properly further limit the subject matter of claim 16. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or reasonably suggest a form for creating an in situ nerve cap to inhibit neuroma formation, the form comprising: a concave wall at least partially defining a cavity, the concave wall comprising a top opening for accessing the cavity, the top opening lying on a first plane and having an area less than an area of a second plane, the second plane conforming to inside dimensions of the cavity, the second plane being spaced apart from the first plane within the cavity and being parallel to the first plane; a distal end wall located opposite a proximal end wall, the concave wall extends between the distal end (wall) and the proximal end (wall); and a concave nerve guide located at the proximal end wall providing a side access to the cavity; wherein the form further comprises at least one stabilizing feature being configured to stabilize the form, and wherein the at least one stabilizing feature comprises a transverse support surface extending along or parallel to a tangent to the concave wall; or a kit thereof.
The closest prior art is Phillips in view of Mueller (of record). See Office Actions dated 6/18/2025 and 1/27/2026 for details.
The prior art does not teach or reasonably suggest the limitation, “wherein the at least one stabilizing feature comprises a transverse support surface extending along or parallel to a tangent to the concave wall”. See, e.g., stabilizing feature 32 of Fig. 3 of the instant application.
Thus, the prior art cannot teach or reasonably suggest the claimed invention.
Conclusion
Claims 16 and 20 are objected to; claim 19 is rejected; and claims 17 and 18 allowable.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY HAGOPIAN whose telephone number is (571)272-6097. The examiner can normally be reached on M-F 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Liu can be reached on 571-272-5539. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Casey Hagopian
Examiner, Art Unit 1617
/CARLOS A AZPURU/Primary Examiner, Art Unit 1617
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