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
Applicant’s amendments of claims 1, 3-4, and 15, are acknowledged by the Examiner.
Applicant’s amendment of claim 3 has overcome the previous drawing objections. Therefore the drawing objections are withdrawn.
Applicant’s amendment of claims 4 and 15 have overcome the previous claim objections. Therefore the claim objections are withdrawn.
Claims 1-20 are currently pending in the application.
Response to Arguments
Applicant's arguments filed remarks filed 10/2/2025 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Huddleston fails to disclose “a second side configured to, when the removable section is connected to the curved portion of the block, align with the first side of the block such that the removable section does not protrude beyond the first side of the block”. Examiner respectfully disagrees. As was described in the previous rejection: mailed 08/26/2025, Huddleston discloses a removable section (42; see [0100]; see figure 4) …including a first side (side of 42 away from 12) … and a second side (side of 42 placed against 12) configured to, when the removable section (42) is connected to the curved portion of the block (12), align with the first side (16) of the block (12; see figure 4 that 42 aligns with 16 of 12). With regards to the new limitations of “such that the removable section does not protrude beyond the first side of the block”. Examiner respectfully disagrees that Huddleston does not disclose the newly amended limitaitons. Examiner notes that Applicant has not defined what structure or aspect of the first side that the removable section does not protrude beyond (i.e. does not protrude away from a surface of, does not protrude past a front, side, rear edge of, etc.). Therefore, as can be seen in figures 2 and 4 of Huddleston the removable section (42) does not protrude beyond the anterior, lateral, and posterior edges of the first side (16). Thus, the removable section of Huddleston is considered to meet the newly amended claim limitations.
Examiner respectfully disagrees with Applicant’s arguments regarding the reference of Lahay for the same reasons as discussed in view of Huddleston above. It can clearly be seen in figures 1-4 of Lahay that the removable section (22) of Lahay, does not protrude beyond the anterior, lateral, and posterior edges of the first side (21). Thus, the removable section of Lahay is considered to meet the newly amended claim limitations.
Therefore, the claim rejections are maintained as will be discussed below.
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. 42
Claim(s) 1-2, 6-10, 12-14, 16-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huddleston (US 2009/0182275 A1).
In regards to claim 1, Huddleston discloses A cord and device management system (10; see [0094]; see figure 1), comprising:
a block (12; see [0094]; see figure 1) defining a first cavity (24; see [0094]; see figure 2) therethrough (see figure 6), the first cavity (24) configured to accommodate at least one of a device or a cord (see [0096]), the block (12) including one or more sides (see figure 1 that 12 comprises 6 sides), wherein a first side (16; see [0094]; see figure 1) of the one or more sides includes a curved portion (see figure 1 that 16 includes a contoured surface); and
a removable section (42; see [0100]; see figure 4) configured to selectively connect to the curved portion of the block (12; see figure 4), the removable section (42) including a first side (side of 42 away from 12) configured to at least partially conform to the curved portion of the block (12; see figure 4 that 42 and all associated sides thereof conforms to the curved portion of 12) and a second side (side of 42 placed against 12) configured to, when the removable section (42) is connected to the curved portion of the block (12), align with the first side (16) of the block (12; see figure 4 that 42 aligns with 16 of 12) such that the removable section (42) does not protrude beyond the first side (16) of the block (12; see figures 2 and 4 that 42 does not protrude beyond the lateral edges of 16 of 12).
In regards to claim 2, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the first cavity (24) accommodates a surgical device (see [0096]).
In regards to claim 6, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the block (12) is disposable (see [0046]).
In regards to claim 7, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the block (12) is constructed from foam (see [0047]).
In regards to claim 8, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the curved portion is configured to conform to a contour of a portion of a body of a patient (see [0094] that 16 is contoured; see [0048] that the bottom surface is contoured for the purpose of conforming to an irregular support surface (like a user’s leg); see [0100] that 10 can be placed directly on a patient; see figure 11 that 16 conforms to the contour of the patient’s leg).
In regards to claim 9, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the block (12) includes adhesive (39; see [0100]; see figure 1) configured to connect the block (12) to at least one of a surgical drape or a surgical instrument table (see [0100]).
In regards to claim 10, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the adhesive (39) is disposed on the curved portion of the block (12; see figure 4).
In regards to claim 12, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the block (12) includes a second side (14; see [0094]; see figure 1), a third side (left side; see figure 2), and a fourth side (right side; see figure 2), and wherein the block (12) is configured to stand upright on a flat surface on at least one of the first side (16), the second side (14), the third side (left side), or the fourth side (right side; see figure 1 that 12 is capable of standing upright on a flat surface on the first side; Examiner also notes that 14 being a flat surface is also configured to and capable of standing the block upright on a flat surface).
In regards to claim 13, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the first cavity (24) is disposed adjacent to the third side (left side; see figure 2).
In regards to claim 14, Huddleston discloses the invention as discussed above
Huddleston further discloses further comprising a second cavity (45; see [0101]; see figure 1 and 5) and a third cavity (22; see [0094]; see figure 2) each configured to accommodate at least one of a device or a cord (see [0096] and [0101]).
In regards to claim 16, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the third cavity (22) is disposed adjacent to the fourth side (right side; see figure 2).
In regards to claim 17, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the second cavity (45) is approximately centered between the third side (left side) and the fourth side (right side) of the block (12; see figure 2).
In regards to claim 19, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the block (12) is configured for use with a surgical instrument table (see [0100]).
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 nonobviousness.
Claim(s) 3-4 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddleston.
In regards to claim 3, Huddleston discloses the invention as discussed above
Huddleston does not disclose further comprising an insert configured to be disposed within the first cavity of the block, the insert defining an aperture configured to accommodate at least one of a device or a cord.
However, Huddleston teaches an analogous cavity (22; see [0094]; see figure 2) further comprising an insert (136; see [0098]; see figure 10b) configured to be disposed within the first cavity (22) of the block (12; see figure 10b that 136 is configured to be inserted into similar suction cylinder 122 and thus is configured to be inserted into 22 as well), the insert (136) defining an aperture (138; see [0098]; see figure 10a) configured to accommodate at least one of a device or a cord (see [0098]) for the purpose of accommodating a surgical device (see [0098]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first cavity of the block as disclosed by Huddleston and to have included an insert configured to disposed within the cavity of the block as taught by the analogous second cavity of Huddleston in order to have provided an improved first cavity that would add the benefit of providing an insert for accommodating a surgical device (see [0098]) thereby ensuring the cautery device inserted within the first cavity (as discussed in [0096]) does not come into contact with the foam material of the block which can cause a fire to occur.
In regards to claim 4, Huddleston discloses the invention as discussed above
Huddleston further discloses wherein the aperture (138) is open at each end of the insert (136) to permit passage of at least one of the device or cord through the insert (136; see figure 10a and b that 138 is open on both sides of 136 to permit passage of a device).
In regards to claim 20, Huddleston discloses the invention as discussed above
Huddleston does not explicitly disclose that the curved portion is intended to be used to support at least one of a device or a cord. Though intended use does not inhibit the structure, design or disclosure of Huddleston, for full clarity it is obvious that the curved portion of the device may be used to support at least one of a device or a cord.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have known that the intended use for the curved portion is configured to support at least one of a device or a cord does not inhibit the structure, design or disclosure of Huddleston and Huddleston’s curved portion is fully capable of being used to support at least one of a device or a cord.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddleston as applied to claim 3 above and further in view of Pickels Jr. (US 5,533,618).
In regards to claim 5, Huddleston discloses the invention as discussed above.
Huddleston does not explicitly disclose wherein the insert is non-flammable. Huddleston is silent as to the material utilized to form the insert (136).
However, Pickels Jr. teaches an analogous apparatus (10; see [col 2 ln 30-35]; see figure 1) for receiving an analogous cauterizing tool (see [col 1 ln 48-55] in reference to the apparatus being used for laparoscopic tools; see [col 1 ln 25-30] in reference to these tools including cauteries) wherein the apparatus (10) is formed from a non-flammable material (see [col 3 ln 18-26]) for the purpose of providing a material which is non-flammable and exhibits high temperature stability (see [col 3 ln 18-26]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insert of Huddleston as now modified to accommodate a cauterizing tool and to have formed it from the non-flammable material as taught by Pickels Jr. in order to have provided an improved insert that is made from a material which is non-flammable and exhibits high temperature stability (see [col 3 ln 18-26]), thereby further preventing the cauterizing tool from causing a fire during use during surgical procedures.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddleston in view of Schultz (US 2003/0167605 A1).
In regards to claim 11, Huddleston discloses the invention as discussed above.
Huddleston does not disclose further comprising one or more straps configured to bundle the cord together.
However, Schultz teaches a strap (124; see [0049]; see figure 3) to be used in an analogous surgical setting (see [0082] in reference to the double-sided (non-hook and loop) strap of the present invention would benefit clean room and surgical environments) configured to bundle a cord (126 and 128; see [0053]; see figure 4) together (see figure 4) for the purpose of selectively and independently binding and/or releasing a plurality of sets of essentially longitudinal objects, such as wires, from one another (see [abstract]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cord and device management system as disclosed by Huddleston and to have included the strap configured to bundle a cord as taught by Schultz in order to have provided an improved cord and device management system that would add the benefit of selectively and independently binding and/or releasing a plurality of sets of essentially longitudinal objects, such as wires, from one another (see [abstract]) thereby increasing the cord management capabilities of the cord and device management system as disclosed by Huddleston.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huddleston in view of Chon et al. (US 2023/0310810 A1) (hereinafter Chon).
In regards to claim 18, Huddleston discloses the invention as discussed above.
Huddleston does not disclose wherein the second cavity is larger in diameter than each of the first cavity and the third cavity.
However, Chon teaches an analogous cord and device management system (401; see [0031]; see figure 4a) further comprising a plurality of cavities (460,470,480; see [0031]; see figure 4a) wherein one of the cavities (480) is larger than the others (460 and 470; see figure 4a) for the purpose of fitting different sizes of tubes (see [0031]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the size of the second cavity as disclosed by Huddleston and to have formed the diameter of the second cavity to be larger than each of the first cavity and third cavity as taught by Chon in order to have provided an improved second cavity which would add the benefit of accommodating larger surgical devices (see [0031]) furthermore, a larger diameter of the second cavity would make insertion of the surgical tool into the second cavity faster and easier for the surgeon performing surgery.
Claim(s) 1, 12, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lahay (US 3,696,920) in view of Huddleston.
In regards to claim 1, Lahay discloses A cord and device management system (system as seen in figure 1), comprising:
a block (10; see [col 3 ln 3-10]; see figure 1) defining a first cavity (left 11; see [col 3 ln 3-10]; see figure 1) therethrough, the first cavity (left 11) configured to accommodate at least one of a device or a cord (50; see [col 5 ln 25-35]; see figure 7), the block (10) including one or more sides (see figure 1) comprising a first side (21; see [col 4 ln 15-20]; see figure 4); and
a removable section (22; see [col 4 ln 20-25]; see figure 4) configured to selectively connect to the first side (21) of the block (10; see figure 4), the removable section (22) including a first side (side of 22 facing away from 10) configured to at least partially conform to the first side (21) of the block (10; see figure 4) and a second side (side of 22 facing 10) configured to, when the removable section (22) is connected to the first side (21) of the block (10), align with the first side (21) of the block (10; see figure 4) such that the removable section (22) does not protrude beyond the first side (21) of the block (10; see figures 1-4).
Lahay does not disclose wherein a first side of the one or more sides includes a curved portion.
However, Huddleston teaches an analogous cord and device management system (10; see [0094]; see figure 1), comprising:
a block (12; see [0094]; see figure 1) defining a first cavity (24; see [0094]; see figure 2) therethrough (see figure 6), the first cavity (24) configured to accommodate at least one of a device or a cord (see [0096]), the block (12) including one or more sides (see figure 1 that 12 comprises 6 sides), wherein a first side (16; see [0094]; see figure 1) of the one or more sides includes a curved portion (see figure 1 that 16 includes a contoured surface) for the purpose of conforming to an irregular support surface (see [0048]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first surface of the block as disclosed by Lahay and to have included the curved portion of the first side as taught by Huddleston in order to have provided an improved first surface of the block that would add the benefit of conforming to an irregular support surface (see [0048]).
In regards to claim 12, Lahay as now modified by Huddleston discloses the invention as discussed above.
Lahay further discloses wherein the block (10) includes a second side (12; see [col 3 ln 5-10]; see figure 1), a third side (left side; see figure 1), and a fourth side (right side; see figure 1), and wherein the block (10) is configured to stand upright on a flat surface on at least one of the first side (21 as now modified by Huddleston), the second side (12), the third side (left side), or the fourth side (right side; see figure 1 of Lahay that the indicated sides are substantially flat, and therefore configured to allow the block to stand upright on a flat surface).
In regards to claim 14, Lahay as now modified by Huddleston discloses the invention as discussed above.
Lahay further discloses further comprising a second cavity (middle 11) and a third cavity (right 11) each configured to accommodate at least one of a device or a cord (see figure 7).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lahay in view of Huddleston as applied to claim 14 above, and further in view of Clemons (US 3,210,816).
In regards to claim 15, Lahay as now modified by Huddleston discloses the invention as discussed above.
Lahay as now modified by Huddleston does not disclose a first insert configured to be disposed within the first cavity of the block, a second insert configured to be disposed within the second cavity of the block and a third insert configured to be disposed within the third cavity of the block, wherein each of the second insert and the third insert define an aperture configured to permit passage of at least one of a device or a cord through each of the second insert and the third insert.
However, Clemons teaches an analogous cord and device management system (surgical clamp; see [col 2 ln 13-25]; see figure 1) for the analogous purpose of managing a plurality of cords (see [col 1 ln 10-21]) comprising an analogous block (10; see [col 2 ln 13-25]; see figure 2) defining first (11), second (12), and third cavities (13; see [col 2 ln 13-25]; see figure 2; slots which lead to the open space inside of 10 are considered cavities) therethrough; further comprising a first insert (first 35 for insertion into 11; see [col 2 ln 50-57] in reference to similar grommets being used in other holes; thus, there is considered to be a 35 for insertion into 11, 12, and 13) configured to be disposed within the first cavity (11) of the block (10; see [col 2 ln 50-57]), a second insert (second 35 for insertion into 12; see figure 2) configured to be disposed within the second cavity (12) of the block (10; see figure 2) and a third insert (third 35 for insertion into 13; see [col 2 ln 50-57]) configured to be disposed within the third cavity (13) of the block (10), wherein each of the first insert (first 35 for insertion into 11) second insert (second 35 for insertion into 12) and the third insert (third 35 for insertion into 13) define an aperture (see figure 2) configured to permit passage of at least one of a device or a cord through each of the second insert (second 35 for insertion into 12) and the third insert (third 35 for insertion into 13; see [col 2 ln 50-71]) for the purpose of holding cords and tubing in place without damaging the insulation of the cord or tubing (see [col 2 ln 68-71]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first, second, and third cavities of the block as disclosed by Lahay as now modified by Huddleston and to have included the first, second, and third inserts configured to be disposed within the first, second, and third cavities of the block as taught by Clemons in order to have provided an improved first, second, and third cavity of the block that would add the benefit of positively holding cords and tubing in place without damaging the insulation of the cord or tubing (see [col 2 ln 68-71]).
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 DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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/DANIEL A MILLER/Examiner, Art Unit 3786