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 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 (II), a circumcision cover (III or IV) and a graduation device (see graduation marks in Figure 3), 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. 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. 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 (every mark can be designated as corresponding to a particular groove; the claim does not require there to be the same number of marks as grooves; moreover, Applicant has disclosed that there are more marks than grooves - pre-grant pub. ¶[0057]; the claim does not require any particular alignment or proximity between the grooves and marks) and/or intervals among the blood vessel docking grooves.
Regarding claim 8, a plurality of U-nail grooves (see grooves on member 26 in Figure 4 in which feet 25 fit - Figure 5) 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 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); an inner ring (4) is arranged in the upper cover.
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).
Response to Arguments
Applicant's arguments filed May 12th 2026 have been fully considered but they are not persuasive. Applicant has argued that the zig-zag cutting edge (21a) of Shang does not have/form blood vessel docking grooves. There are no art-recognized structural features required or even implied by this limitation other than grooves. A blood vessel of appropriate size could nest within or dock with the grooves of Shang without being severed. Applicant has argued that the graduation marks of Shang do not align with nor are they in one-to-one correspondence with the grooves. A one-to-one correspondence between to structures does not require any type of alignment. This term may imply that there is one mark for every groove but Applicant has disclosed that there are more marks than grooves (¶[0057]). Applicant has argued that the grooves (26) of Shang are not U-nail grooves. There is no structure, function or intended use required by this term other than grooves. This same rebuttal applies to Applicant’s argument regarding the blood vessel corresponding grooves of claim 9 and the U-nail grooves of claim 12. Applicant has argued that the rejection improperly matches multiple structures to individual limitations. A broadly recited limitation can be readable by multiple structures within a single reference. Applicant has argued that the teeth (12) do not have or form U-nail grooves.
Conclusion
THIS ACTION IS MADE FINAL. 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 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
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