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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (Claims 1-9) and Species B (Figs.8-17) in the response of 15 May, 2026 is acknowledged. Claims 10-20 are withdrawn, and claims 1-9 are examined.
Claim Objections
Claims 1 and 6 do not provide indentation where new items are provided. Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). See MPEP 6.08.01 (m).
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 1-9 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 pre-AIA the applicant regards as the invention.
In regards to claim 1, the claim reads “an insertion device including a shaft extending longitudinally from a proximal end to a distal end” [lines 3-4], “a housing extending longitudinally from an open first end to a closed second end” [lines 10-11] “a reverse irrigation groove extending helically along an exterior surface thereof from a first end to a second end” [lines 21-22], “a reverse aspiration groove extending helically along an exterior surface thereof from a first end to a second end” [lines 22-24]. In each of these cases, it is not clear if these ends are parts of their immediate antecedents, or parts of other objects. Therefore, the claim is unclear.
For the purposes of prosecution, and with reference to the applicant’s disclosure, it will be assumed that these are respectively parts of the shaft [lines 3-4], the housing [lines 10-11], the reverse irrigation groove [lines 21-22] and the reverse aspiration groove [lines 22-24].
In regards to claim 1, the claim reads “the distal end of the shaft” [line 7] and “an insertion device including a shaft extending longitudinally from a proximal end to a distal end” [lines 3-4]. It is unclear if the recitation of line 7 is the same as the distal end of lines 3-4. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed these are the same.
In regards to claim 1, the claim reads “the first end of the irrigation groove… the second end of the irrigation groove” [lines 28-30] and “a reverse irrigation groove extending helically along an exterior surface thereof from a first end to a second end” [lines 21-22]. It is unclear if the recitations of lines 28-30 respectively correspond to the first and second ends of lines 21-22. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed these are the same.
In regards to claim 1, the claim reads “the first end of the aspiration groove … the second end of the aspiration groove” [lines 31-33] and “a reverse aspiration groove extending helically along an exterior surface thereof from a first end to a second end” [lines 22-24]. It is unclear if the recitations of lines 31-33 respectively correspond to the first and second ends of lines 22-24. Therefore, the claim is unclear. For the purposes of prosecution, it will be assumed these are the same.
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 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], 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 5 is rejected under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 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.
In regards to claim 5, the claim recites “The system of claim 1, wherein first ports of the first pair of ports and the second pair of ports are longitudinally aligned relative to one another, and second ports of the first pair of ports and the second pair of ports are longitudinally aligned relative to one another.”
As the applicant has not set forth a single longitudinal direction, and as two objects can always be aligned on a line, this is not further limiting to claim 1 from which claim 5 depends.
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
Claims 1-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, 2nd paragraph, 4th paragraph, and the claim objections, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach, among other features, a system for reversing fluid flow in a target area, comprising:
a shaft, a valve, an irrigation port and an aspiration port,
the shaft having proximal end distal ends, the shaft having irrigation and aspiration channels extending therethrough, the channels configured to provide fluid circulation in a target area of a body where the distal end of the shaft is to be inserted,
the valve comprising a housing and a piston,
the housing having a cavity, and first and second pairs of ports,
the cavity extending from an open first end of the housing to and a closed second end of the housing,
individual ports in each of the pairs of ports diametrically opposed to its paired port, a first port in the first pair connected to the irrigation port, a second port in the first pair connected to a proximal end of the irrigation channel, a first port of the second pair connected to the aspiration port, the second port of the second pair connected to a proximal end of the aspiration channel,
the irrigation port configured to be connected to a fluid source, the aspiration port configured to be connected to a vacuum source,
the piston slidably received within the cavity, the piston comprising an irrigation and aspiration holes laterally therethrough, and reverse irrigation and aspiration grooves,
the reverse irrigation groove extending helically along an exterior surface of the piston and having first and second ends, the reverse aspiration groove extending helically along an exterior surface of the piston and having its own first and second ends,
the piston movable in the cavity between default and reverse configurations:
in the default configuration, the irrigation hole aligns with and fluidly connects the first pair of ports, and the aspiration hole aligns with and fluidly connects the second pair of ports,
in reverse configuration, the first end of the irrigation groove aligns with the first port of the first pair, the second end of the irrigation groove aligns with the second port of the second pair of ports, the first end of the aspiration groove aligns with the first port of the second pair of ports, and the second end of the aspiration groove aligns with the second port of the second pair of ports.
Ward (US 338,004) discloses a valve having a piston with a helical groove thereon for fluid flow when the piston is actuated.
Bauder (US 4,266,571) discloses a valve with a piston having a helical groove on the surface thereof, such that when the piston is actuated in a cavity of the valve, ports on a valve housing are fluidly connected or disconnected.
Kuramoto et al. (US 5,630,795) discloses an irrigation and suction system having a shaft with the above irrigation channel, a housing with cavities for two pistons, each piston having a hole laterally therethrough such that when the pistons are respectively actuated, suction and irrigation sources are respectively connected to the irrigation channel by connecting respective diametrically opposed pairs of ports in the housing.
Bourne et al. (US 2014/0271251) discloses a suction valve with a cavity and a piston, where the piston has a helical groove on the surface thereof for fluid flow therethrough, the valve connected to a shaft having an aspiration channel.
There is no reason or suggestion provided in the prior art to modify the above prior art to teach the limitations as claimed above, and the only reason to modify the references would be based on Applicant's disclosure, which is impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ward (US 338,004)
Bauder (US 4,266,571)
Kuramoto et al. (US 5,630,795)
Bourne et al. (US 2014/0271251)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON B FAIRCHILD whose telephone number is (571)270-5276. The examiner can normally be reached 8:30am-5pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON B FAIRCHILD/ Primary Examiner, Art Unit 3795
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