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 .
Claim Objections
Claims 3, 12, 21 and 22 are objected to because of the following informalities:
Claim 3, line 3: “engage the respective portions of the medical article” does not have antecedent basis for “the respective portions”, and should be amended to recite “engage receptive portions…” instead.
Claim 3, lines 4-5: likewise, “from engaging beneath respective portions” should subsequently be amended to recite “from engaging beneath the respective portions” instead.
Claim 12, line 1: it is recommended that the claim be amended to recite “a system comprising the tool according to claim 1 in combination with a medical article” instead, since the medical article was previously only introduced as the object of functional language in claim 1.
Claim 12, line 5: “the inner edges respectively” does not have antecedent basis in claims 12 or 1. It is recommended that this line be amended to recite “wherein the holes comprise inner edges” to introduce this structure into the claim.
Claim 12, lines 8-9: “the first inner protrusion and a second inner protrusions” has a grammatically incorrect plurality and should be amended to recite “the first inner protrusion and a second inner protrusion” instead.
Claim 21, lines 6-7: “the first inner protrusion and a second inner protrusions” has a grammatically incorrect plurality and should be amended to recite “the first inner protrusion and a second inner protrusion” instead.
Claim 21, line 8: the limitation “with the inner edges of the holes” lacks antecedent basis as claims 13 and 21 do not introduce the inner edges of the holes. It is recommended the claim be amended to recite “with inner edges of the holes” instead.
Claim 22, line 3: “a medical article” is introduced in line 2, therefore the recitation of “a medical article” in line 3 should be amended to instead recite “the medical article”.
Claim 22, last line: “the tissue bridge” does not have antecedent basis in claim 22. It is recommended that this line be amended to instead recite “the medical article” which has antecedent basis in line 2.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eaves et al. (US PGPub 2019/0133582 A1).
With respect to claim 1, Eaves et al. discloses a tool (2080 in Fig. 18A) configured to interact with a medical article (see Fig. 18D with medical article 2020), the tool (2080) comprising:
first and second levers (2088 in Fig. 18A) pivotably connected to one another;
first and second catch parts (2084) configured to at least partially releasably connect the tool (2080) to a medical article (see 2084 couple to 2020 in Fig. 18D), wherein:
the first and second catch parts (2084) respectively comprise first and second shanks (2090) respectively connected to the first and second levers (2088), and first and second outer protrusions (2092) respectively extending outwardly from the first and second shanks (2090),
the tool (2080) is configured to be connected to the medical article (2020, see Fig. 18D) at least partially in response to an increased distance between the first and second outer protrusions (2092, see Figs. 19A-F, particularly in Figs. 19D-E the tool is connected to medical article 2020 when the distance between the unmarked protrusions increases); and
a first inner protrusion (2095 on left shank in Fig. 18A, this protrusion is an inner protrusion because it faces inwardly towards the physician during use) extending inwardly from the first shank (2090), wherein the first inner protrusion (2095) is configured to engage at least one portion of the medical article to restrict how close the first and second catch parts can be to one another while the tool is being removed from the medical article (see Fig. 18D, unmarked inner protrusion 2095 as seen in Fig. 18A sits against the medical device to restrict the depth of the tool 2080 relative to the medical device 2020, this depth restriction can also restrict the distance between the first and second catch parts 2084 as seen in Fig. 18A, see MPEP 2112.01).
Regarding claim 2, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (see inner protrusion 2095 on the right shank 2090 in Fig. 18A), wherein the first and second inner protrusions (see inner facing protrusions 2095) are configured to slidingly engage respective portions of the medical article to restrict the tool from inadvertently being in a mechanically interfering arrangement with the medical article by way of any occurrence of the first and second catch parts (2084) becoming too close to one another (see Fig. 18D, unmarked inner protrusions 2095 as seen in Fig. 18A sit against the medical device to restrict the depth of the tool 2080 relative to the medical device 2020, this depth restriction can also restrict the distance between the first and second catch parts 2084 as seen in Fig. 18A, thus restricting the tool from mechanically interfering with the medical article, see MPEP 2112.01).
Regarding claim 3, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (see inner protrusion 2095 on the right shank 2090 in Fig. 18A), wherein the first and second inner protrusions (see inner facing protrusions 2095) are configured to slidingly engage the respective portions of the medical article to restrict the catch parts (2084) from engaging beneath respective portions of the medical article while the tool is being removed from the medical article (see Fig. 18D, unmarked inner protrusions 2095 as seen in Fig. 18A sit against the medical device to restrict the depth of the tool 2080 relative to the medical device 2020, this depth restriction can also restrict the engagement between the first and second catch parts 2084 as seen in Fig. 18A and the medical article during removal, see MPEP 2112.01).
Regarding claim 4, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (see inner protrusion 2095 on the right shank 2090 in Fig. 18A), wherein:
engagement surfaces respectively of the first and second inner protrusions are configured to slidingly engage respective portions of the medical article to restrict how close the first and second catch parts can be to one another while the tool is being removed from the medical article; and
the engagement surfaces:
extend vertically, or
are inclined and extend convergently toward one another in an upward direction.
Regarding claim 5, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (see inner protrusion 2095 on the right shank 2090 in Fig. 18A), wherein:
the first and second shanks (2090) respectively extend downwardly from the first and second levers (2088), and
the first and second inner protrusions (2095) extend farther upwardly than the first and second outer protrusions (2093, 2095 extends farther in an upwards direction than 2093).
Regarding claim 6, Eaves et al. further discloses a pivotable junction (2082 in Fig. 18A), and further discloses a second inner protrusion extending inwardly from the second shank (see inner protrusion 2095 on the right shank 2090 in Fig. 18A), wherein:
the first and second levers (2088) respectively extend upwardly and outwardly from the pivotable junction (2082), and
the first and second inner protrusions (2095) extend at least as high as a portion of the pivotable junction (see Fig. 18B, 2095 each extend as high as 2082, particularly as shown in Fig. 19D).
Regarding claim 7, Eaves et al. further discloses wherein:
the first inner protrusion (left inner 2095 in Fig. 18A) comprises an upright corner and upright engagement surfaces extending away from the upright corner (see annotated Fig. 18A below); and
the engagement surfaces extend divergently from one another in a direction away from the corner (see annotated Fig. 18A below, the two engagement surfaces diverge away from the corner).
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Regarding claim 8, Eaves et al. further discloses wherein:
the first inner protrusion (left inner 2095 in Fig. 18A) comprises a shoulder extending inwardly from the first shank (2090, see annotated Fig. 18A below), and
an engagement surface of the first inner protrusion (2095) extends downwardly from the shoulder (see annotated Fig. 18A below, the engagement surface extends downwardly from the shoulder).
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Regarding claim 9, Eaves et al. further discloses a second inner protrusion (right inner 2095 in Fig. 18A) extending inwardly from the second shank (2095 extends inwardly towards the user from the right shank 2090), wherein the first and second inner protrusions (2095) are respectively configured to contact the medical article at an angle between about thirty degrees and about sixty degrees, wherein the angle is defined between the inner protrusion and the medical article (see MPEP 2112.01, the inner protrusions are configured to contact the medical article at any angle depending on how the user places the tool, including between about 30 and 60 degrees).
Regarding claim 10, Eaves et al. further discloses a second inner protrusion (right inner 2095 in Fig. 18A) extending inwardly from the second shank (2095 extends inwardly towards the user from the right shank 2090), wherein the first and second inner protrusions (2095) are respectively configured to slidably contact the medical article at an angle between about zero degrees and about ninety degrees, wherein the angle is defined between the inner protrusions and the medical article (see MPEP 2112.01, the inner protrusions are configured to contact the medical article at any angle depending on how the user places the tool, including between about 0 and about 90 degrees).
Regarding claim 11, Eaves et al. further discloses wherein the tool (2080 in Fig. 18D) is configured to eject from the medical article (2020) in response to the first and second inner protrusions (2095) being moved inwardly to slidably contact the medical article (see Figs. 19I-L, see MPEP 2112.01).
Regarding claim 12, Eaves et al. discloses a system comprising the tool according to claim 1 (see rejection of claim 1 above, see also 2080 in Fig. 18D) in combination with the medical article (2020), wherein:
the medical article (2020 in Fig. 17A) comprises a central portion (2030) and spaced apart holes (2056) extending through the central portion (2030);
the inner edges respectively are inner edges of the holes (2056 have inner edges 2058);
the shanks (2090 in Fig. 18A) are configured to respectively extend at least partially into the holes (see 2090 extending into unmarked holes in Fig. 18D); and
the tool (2080 in Fig. 18D) is configured to release from the medical article (2020) in response to at least the first and second shanks (2090) being moved inwardly toward one another to an inner configuration (see Figs. 19I-L) in which the first inner protrusion and a second inner protrusions (2095) of the tool are in opposing face-to-face contact respectively with the inner edges of the holes (2056, see Figs. 19I-L where inner protrusions 2095 rest against and are therefore in face-to-face contact with the inner edges of the holes).
With respect to claim 13, Eaves et al. discloses a tool (2080 in Fig. 18A) configured to interact with a medical article (2020 in Fig. 18D), the tool (2080 in Fig. 18A) comprising:
first and second levers (2088) pivotably connected to one another (levers 2088 pivotably couple at the living hinge between 2089); and
first and second catch parts (2084), comprising:
first and second shanks (2090) respectively extending downwardly from the first and second levers (2088), and
first and second outer protrusions (2092) respectively extending outwardly from the first and second shanks (2090) and configured to releasably engage beneath first respective portions of a medical article when the tool is releasably connected to the medical article (see Figs. 19A-L); and
a first inner protrusion (left 2095 in Fig. 18A) extending inwardly from the first shanks (left 2090), wherein the first inner protrusion (left 2095) comprises an engagement surface (see annotated Fig. 18A below) configured to engage at least one portion of the medical article while the tool is being removed from the medical article (see Figs. 19I-L, see MPEP 2112.01, the engagement surface engages the edge of the hole of the medical tool), and the engagement surface extends vertically or extends outwardly in a downward direction (see annotated Fig. 18A below, the engagement surface extends in vertically down).
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Regarding claim 14, Eaves et al. further discloses wherein:
the first inner protrusion (left 2095 in Fig. 18A) comprises a shoulder (see annotated Fig. 18A above) extending inwardly from the first shank (left 2090), and
the engagement surface of the first inner protrusion extends downwardly from the shoulder (see annotated Fig. 18A above, the engagement surface extends downwardly from the shoulder).
Regarding claim 15, Eaves et al. further discloses wherein:
the tool (2080 in Fig. 18A) is configured to interact with the medical article (2020 in Fig. 18D) in response to the first and second levers being moved toward one another (see Figs. 19A-B, see MPEP 2112.01); and
the tool (2080) is configured to release from engagement with the medical article (2020) in response to at least the first shank (2090) being moved inwardly such that the first inner protrusion (2095) contacts the medical article (see Figs. 19A-D).
Regarding claim 16, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (right 2095 in Fig. 18B extending from the right 2090), wherein the first and second inner protrusions (2095) are configured to slidably contact the medical article as the tool is moved away from the medical article (see Figs. 19I-L).
Regarding claim 17, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (right 2095 in Fig. 18B extending from the right 2090), wherein the first and second inner protrusions (2095) are configured to resist interlocking engagement with the medical article as the tool is moved away from the medical article (see Figs. 19I-L).
Regarding claim 18, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (right 2095 in Fig. 18B extending from the right 2090), wherein the first and second inner protrusions (2095) are respectively configured to slidably contact the medical article about an approximately vertical plane (see MPEP 2112.01, see Figs. 19A-L).
Regarding claim 19, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (right 2095 in Fig. 18B extending from the right 2090), wherein the first and second inner protrusions (2095) are respectively configured to contact the medical article at an angle between a range of zero and ninety degrees, wherein the angle is defined between the inner protrusions and the medical article (see MPEP 2112.01, the inner protrusions are configured to contact the medical article at any angle depending on how the user places the tool, including between about 0 and about 90 degrees).
Regarding claim 20, Eaves et al. further discloses a second inner protrusion extending inwardly from the second shank (right 2095 in Fig. 18B extending from the right 2090), wherein the first and second inner protrusions (2095) are respectively configured to contact the medical article at an angle between thirty and sixty degrees, wherein the angle is defined between the inner protrusions and the medical article (see MPEP 2112.01, the inner protrusions are configured to contact the medical article at any angle depending on how the user places the tool, including between about 30 and about 60 degrees).
Regarding claim 21, Eaves et al. discloses a system comprising the tool according to claim 13 (2080 in Fig. 18A, see rejection above) in combination with a medical article (2020 in Fig. 18D), wherein:
the medical article (2020 in Fig. 17A) comprises a central portion (2030) and spaced apart holes (2059);
the shanks (2090 in Fig. 18A) are configured to respectively extend at least partially into the holes (2059 in Fig. 17A, see also Fig. 18D); and
the tool (2080 in Fig. 18D) is configured to release from the medical article (2020) in response to at least the first and second shanks (2090) being moved inwardly toward one another to an inner configuration in which the first inner protrusion and a second inner protrusions (2095) of the tool are in opposing face-to-face contact respectively with the inner edges of the holes (2056, see Figs. 19I-L where inner protrusions 2095 rest against and are therefore in face-to-face contact with the inner edges of the holes).
With respect to claim 22, Eaves et al. discloses a system (see Fig. 18D) comprising:
a medical article (2020, see also Fig. 17A) comprising a central portion (2030) and spaced apart holes (2056) in the central portion (2030); and
a tool (2080 in Fig. 18A) configured to releasably engage and interact with a medical article (see 2080 engage 2020 in Fig. 18D), wherein the tool (2080) comprises:
first and second levers (2088) pivotably connected to one another (2088 are pivotably coupled where 2089 meet at a living hinge at the top),
first and second shanks (2090) respectively connected to the first and second levers (2088) and configured to respectively extend at least partially into the holes (see Fig. 18D, 2090 extend into the holes),
first and second outer protrusions (2092) respectively extending outwardly from the first and second shanks (2090),
first and second inner protrusions (2095) respectively extending inwardly from the first and second shanks (2090, 2095 extend inwardly towards the user from shanks 2090), and
a contact surface (2082) positioned between the first and second shanks (2090) and configured to engage an upper surface of the central portion (2030) that is positioned between the holes (see Fig. 18D),
wherein the first and second inner protrusions (2095):
extend to at least as high as the contact surface (2082 in Fig. 18B, 2095 are as high as contact surface 2082),
extend farther upwardly than the first and second outer protrusions (2092, 2095 extend above 2092), and
are configured to respectively be in sliding, opposing face-to-face contact with inner edges of the holes (2030) while the tool (2080) is being released from engagement with the tissue bridge (2020, see Figs. 19I-L, see MPEP 2112.01).
Regarding claim 23, Eaves et al. further discloses wherein:
the medical article (2020 in Fig. 17A) comprises a tissue bridge configured to reduce tension in tissue of a patient (PP [0059]: “FIGS. 17A through 17C depict a tissue bridge”, PP [0002]: “The present invention generally relates to medical articles for covering wounds and/or scars, and, more particularly, to wound closure and/or reducing wound tension”);
the first inner protrusion (2095) comprises a shoulder extending inwardly from the first shank (2090, see annotated Fig. 18A below);
the first inner protrusion (2095) comprises an engagement surface extending downwardly from the shoulder (see annotated Fig. 18A below) and configured to be in sliding, opposing face-to-face contact with an inner edge of a first hole of the holes while the tool is being released from engagement with the tissue bridge (see Figs. 19I-L, see MPEP 2112.01, the engagement surface of 2095 is configured to slide against an inner edge of the hole 2058);
the second inner protrusion (2095 on opposite side) comprises a shoulder extending inwardly from the second shank (2090 on opposite side, see annotated Fig. 18A below, the annotation applies to both sides since the structures are mirror images of each other); and
the second inner protrusion (2095 on opposite side) comprises an engagement surface extending downwardly from the shoulder of the second inner protrusion (2095 on opposite side, see annotated Fig. 18A below) and configured to be in sliding, opposing face-to-face contact with an inner edge of a second hole of the holes while the tool is being released from engagement with the tissue bridge (see Figs. 19I-L, see MPEP 2112.01, the engagement surface of 2095 is configured to slide against an inner edge of the hole 2058).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771