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 1-3, 5-7, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (CN 105662543; see attached English translation for text citations).
Regarding claim 1, Sun discloses (Interpretation 1) a valgus washer circumcision device, comprising: an inner comprehensive cover (4), an inner ring (63; noting that Applicant’s ring-shaped protrusion 2-1 is disclosed as a “ring”), a first washer (631 or 641), and a second washer (7; any thin, short ring shaped member can act as a washer in some structures and can therefore be considered as a washer regardless of its intended function; noting that at least some of Applicant’s washers, e.g. 16 - Figure 1, do not act as a washer in the traditional sense), wherein the inner comprehensive cover and the inner ring correspond to each other vertically (Figure 2; [0033]; further noting that “correspond to each other vertically” does not require vertical alignment of any specific structure(s)); the first washer is arranged at an end of the inner ring towards the inner comprehensive cover (Figure 2); a U-nail groove (formed by adjacent pairs of members 44 or adjacent pairs of members 43 or the groove at the top of members 43) is formed at (adjacent) an outer edge of the inner comprehensive cover, and the second washer is arranged at a top of the U-nail groove (Figure 2).
Alternatively (Interpretation 2) Sun discloses: a valgus washer circumcision device, comprising: an inner comprehensive cover (6), an inner ring (4), a first washer (7), and a second washer (631 or 641), wherein the inner comprehensive cover and the inner ring correspond to each other vertically (Figure 2; [0033]); the first washer is arranged at an end of the inner ring towards the inner comprehensive cover (Figure 2); a U-nail groove (64) is formed at (adjacent) an outer edge (edge of 63) of the inner comprehensive cover, and the second washer is arranged at a top of the U-nail groove (Figure 2).
Alternatively (Interpretation 3) Sun discloses: a valgus washer circumcision device, comprising: an inner comprehensive cover (4), an inner ring (641), a first washer (631), and a second washer (7), wherein the inner comprehensive cover and the inner ring correspond to each other vertically (Figure 2); the first washer is arranged at an end of the inner ring towards the inner comprehensive cover (Figure 2); a U-nail groove (formed by adjacent pairs of members 44 or adjacent pairs of members 43 or the groove at the top of members 43) is formed at (adjacent) an outer edge of the inner comprehensive cover, and the second washer is arranged at a top of the U-nail groove (Figure 2).
Regarding claim 2, (Interpretation 1) both the first and second washers are located on the same axis as a U-nail in the U-nail groove (Figure 2; [0037], [0050]; the U-nail groove being the groove at the top of members 43 in this interpretation).
Regarding claim 3, (Interpretation 1) a first ring-shaped groove (64) is formed on a lower end surface of the inner ring towards the inner comprehensive cover; and the first washer is arranged in the first ring-shaped groove (641 being the first washer in this interpretation). Alternatively, (Interpretation 2) a first ring-shaped groove (between members 43) is formed on a lower end surface (lower than the upper-most surface) of the inner ring towards the inner comprehensive cover; and the first washer is arranged in the first ring-shaped groove (Figure 2).
Regarding claim 5, (Interpretation 1) the second washer is arranged outside the U-nail groove, and is located above an opening of the groove (evident from Figure 2). Alternatively, (Interpretation 2) the second washer (631) is arranged outside the U-nail groove, and is located above an opening of the groove (evident from Figure 2)
Regarding claim 6, the second washer has a ring (is a ring) and a protrusion (formed between channels 72) located on the bottom surface of the ring (forming part of the bottom surface); and the protrusion is configured to be clamped in the U-nail groove (it is clamped between members 43).
Regarding claim 9, (Interpretation 1) a second ring-shaped groove (top of members 43 or groove between members 43) whose top is flush with that of the inner comprehensive cover is formed between an inner edge of the inner comprehensive cover and the U-nail groove (the other of the top of members 43 or the groove between members 43); and the second washer is arranged in the second ring-shaped groove.
Regarding claim 10, (Interpretation 3) the device comprises an upper cover (6) and a lower cover (3) which correspond to each other vertically, wherein the inner comprehensive cover is arranged in the lower cover (Figure 2); the inner ring is arranged in the upper cover (Figure 2); and the inner comprehensive cover and the inner ring correspond to each other vertically (Figure 2).
Claim Rejections - 35 USC § 103
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 non-obviousness.
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Sun (CN 105662543).
Regarding claims 4 and 8, Sun fails to disclose that the first washer (641; Interpreation 1) is slightly wider than the first ring-shaped groove (64), so that the first washer is elastically clamped in the first ring-shaped groove; or, the second washer (641; Interpretation 2) is slightly wider than the U-nail groove (64), so that the second washer is elastically clamped in the U-nail groove.
However the above washer is embedded within the claimed groove ([0033]) without any additional holding/fixing structure(s) disclosed to accomplish this connection.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the above washer with some amount of elasticity so that it could be securely embedded in the groove using an elastic expansion force of the washer.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771
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