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
Applicant’s election without traverse of Species B in the reply filed on November 10th 2025 is acknowledged. Claims 1-6 and 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because the same reference character has been used to designate different parts numerous times throughout the application - too many to list all instances here. Some examples are as follows (see pre-grant publication):
“circumcision cover 1” (¶[0205]; Figure 1) and “plug 1” (¶[0261]; Figure 65) and “handle 1” (¶[0269]; Figure 72)
“comprehensive cover 6” (¶[0205]; Figure 1) and “6 a connection block” (¶[0227]; Figure 29) and “opening knob 6” (¶[0234]; Figure 33) and “groove ferrule 6” (¶[0239]; Figure 45)
“U-nail groove 6-1” (¶[0074]; Figure 1) and “pin 6-1” (¶[0129]; Figure 16) and “fifth pin hole 6-1” (¶[0264]; Figure 71)
“blood vessel docking groove 6-2” (¶[0208]; Figure 4) and “pin 6-2” (¶[0243]; Figure 65) and “sixth pin hole 6-2” (¶[0264]; Figure 71)
Applicant is requested to correct all instances (not just the above examples) of the same reference number being used to designate different parts.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “graduation device” (singular) which is arranged on the upper cover and the lower cover and the locking ring, as required by claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: The same reference number has been used to designate different parts. There are too many such instances to list them all here. Some examples of which are given above in the drawings objection.
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 10 and 11 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 10 recites “A valgus graduated circumcision device comprising an upper cover and/or a lower cover, and/or a locking ring” which only requires 1 of the upper cover, lower cover or locking ring to be present. However, claim 10 further recites “wherein: the upper cover and the lower cover are assembled to and cooperate with each other; the locking ring is used for locking the upper cover and the lower cover” which requires all three components to be present. Therefore, it is unclear whether claim 10 requires only one of the upper cover, lower cover or locking ring or all three of these structures. For the purpose of this examination, claim 10 is assumed to require all three of these components. Claim 11 is rejected due to its dependence from claim 10.
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.
Claims 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shang (US 2011/0098718).
Regarding claim 7, Shang discloses a built-in graduated circumcision device (Figures 1, 3 and 5; Abstract) comprising a comprehensive cover, a circumcision cover and a graduation device, wherein the comprehensive cover and circumcision cover are assembled to and cooperate with each other; and the graduation device is arranged on the comprehensive cover (either the cutting knife II, the outer cutting ring III or the connecting ring IV can be regarded as the comprehensive cover because they all have a graduation device, e.g. see 15 in Figure 2, arranged thereon; they are assembled to eachother and cooperate with eachother as evident from Figure 5, therefore one of the remaining items II, III, IV not identified as the comprehensive cover can be regarded as the circumcision cover as claimed). It is noted that an arrangement of graduation marks can be regarded as the graduation device in view of ¶[0228] of Applicant’s published application.
Regarding claim 8, a plurality of U-nail grooves (see grooves on member 26 in Figure 4 in which feet 25 fit - Figure 5; member II being the comprehensive cover - i.e. 24/26) which constitutes a ring is arranged in the comprehensive cover; wherein graduation marks on the graduation device are arranged to be in one-to-one correspondence with the U-nail grooves and/or intervals among the U-nail grooves and/or U-nails in the U-nail grooves (the claim does not require there to be the same number of marks as grooves; for every one groove there is at least one mark which can be regarded as a one-to-one correspondence).
Regarding claim 9, a ring of blood vessel docking grooves (formed as v-shaped grooves by zigzag cutting edge 21a - Figure 4) are annularly arranged on the outer surface of the comprehensive cover, and the graduation marks on the graduation device are arranged to be in one-to-one correspondence with the blood vessel docking grooves (see remarks above, there is at least one groove for every mark or vice versa) and/or intervals among the blood vessel docking grooves; wherein a ring of blood vessel corresponding grooves (16; Figure 10; ¶[0105]) are annularly arranged on an outer surface of the circumcision cover (member IV being the circumcision cover), and the graduation marks on the graduation device are arranged to be in one-to-one correspondence with the blood vessel corresponding grooves and/or the intervals among the blood vessel corresponding grooves (see remarks above, there is at least one groove for every mark or vice versa).
Regarding claim 10, Shang discloses a valgus graduated circumcision device (Abstract; Figures 1, 3 and 4) comprising an upper cover (III) and a lower cover (II), and a locking ring (IV), and further comprising a graduation device (15 or 17 or the graduation device seen on member 26 in Figure 3), wherein: the upper cover and the lower cover are assembled to and cooperate with each other (evident from Figure 4); the locking ring is used for locking the upper cover and the lower cover (the threaded connection 22 - Figure 5 prevents member II from being disassembled from the device); and the graduation device is arranged on the upper cover, and/or the lower cover, and/or the locking ring (Figures 1 and 3).
Regarding claim 11, an inner comprehensive cover (I) is arranged in the lower cover (Figure 5), wherein a plurality of U-nail grooves (formed by teeth 12; Figures 5 and 12) are annularly arranged on a periphery of the inner comprehensive cover and constitute a ring; wherein graduation marks on the graduation device are arranged to be in one-to-one correspondence with the U-nail grooves and/or intervals among the U-nail grooves and/or U-nails in the U-nail grooves (the claim does not require there to be the same number of marks as grooves; for every one groove there is at least one mark, or vice versa, which can be regarded as a one-to-one correspondence).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas McEvoy whose telephone number is (571) 270-5034 and direct fax number is (571) 270-6034. The examiner can normally be reached on Monday-Friday, 9:00 am – 6:00 pm.
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771