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 .
Status of the Claims
Claims 1-22 are pending in the application.
Claims 11-22 have been withdrawn from current consideration (see below).
Claims 1-10 remain under current consideration by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 03 June 2026 is acknowledged.
Claims 11-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03 June 2026.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, in claims 1-10 the language related to a “first material” and a “second material” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
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.
Claim 9 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re Claim 9: Claim 9 recites the limitation "the first biasing member" in line 4. There is insufficient antecedent basis for this limitation in the claim or in claim 1, from which the claim depends.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as --a first biasing member--.
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kapadia (US Patent 10,799,304).
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Re Claim 1: Kapadia discloses a coupling device, comprising:
an inner shaft (482);
a claw assembly (410, 450) pivotably coupled to the inner shaft, the claw assembly comprising at least one claw (410) pivotable around a claw pivot point (490) between a first state (see Figs. 7A, and 8B) and a second state (see Figs. 3-4, 6A, and 8A); and
an outer cap (200) movably coupled to the inner shaft (482), wherein the outer cap (200) is movable (relative to the drive member 482) between a proximal position (see Figs. 7A, and 8B) and a distal position (see Figs. 3-4, 6A, and 8A), wherein the claw assembly (410, 450) extends distal to the outer cap (200),
wherein the outer cap (200) is configured such that when the outer cap is in the proximal position, the claw assembly is in the first state (see Figs. 7A, and 8B), and when the outer cap is in the distal position, the claw assembly is in the second state (see Figs. 3-4, 6A, and 8A),
wherein when the claw assembly is in the first state, the claw assembly (410, 450) is configured to receive a first material within the claw assembly to couple the first material (for example, as shown for trocar “T”; see Fig. 8B) to the coupling device, and
wherein when the claw assembly is in the second state, the claw assembly and a distal surface of the outer cap are configured to receive (i.e. capable of receiving, for example, in the gap shown in annotated Fig. 8A below) a second material (see the note above related to this functional element) therebetween to couple the second material to the coupling device.
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Re Claim 2: Kapadia discloses a coupling device, wherein when the claw assembly (410, 450) is in the second state (see Figs. 3-4, 6A, and 8A), the claw assembly and the distal surface of the outer cap are configured to pinch the second material (see note above related to this functional element) therebetween to couple the second material to the coupling device.
Re Claim 3: Kapadia discloses a coupling device, wherein the claw assembly (410, 450) is configured to release the second material when the claw assembly is in the first state (see Figs. 7A, and 8B).
Re Claim 4: Kapadia discloses a coupling device, wherein the claw assembly (410, 450) comprises at least two claws (410, 450), each claw pivotable around a respective pivot point (490; Fig. 5) to pivot the at least two claws to the first state (see Figs. 7A, and 8B)wherein distal ends of the at least two claws are brought together, and to the second state (see Figs. 3-4, 6A, and 8A) wherein the distal ends of the at least two claws are spread apart.
Re Claim 5: Kapadia discloses a coupling device, wherein the coupling device is configured to connect to the first or second material (see note above related to these functional elements) such that the first or second material and the coupling device move together.
Re Claim 6: Kapadia discloses a coupling device, wherein the outer cap (200) includes a side wall (the sides of the main housing portion 200), an inner lumen (the cavity formed by the main housing portion 200 and its closing member; see Fig. 8A) enclosed by the side wall, and an inner member (520) disposed in the inner lumen, wherein the inner shaft (482) supports a first biasing member (530), and at least a portion of the inner shaft extends into the inner lumen of the outer cap, and wherein when the outer cap is in the proximal position, the first biasing member (530) is in a compressed state, applying a distal force on the inner member.
Re Claim 7: Kapadia discloses a coupling device, wherein the inner shaft (482) includes a first side wall, a second side wall (the walls forming opposing sides of drive member 482), and a space (488) disposed between the first side wall and the second side wall, and wherein the space is configured to allow the inner member (520) to move distally or proximally in the space when the outer cap moves distally or proximally.
Re Claim 8: Kapadia discloses a coupling device, wherein the at least one claw (410, 450) has a button portion (release mechanism 650; see the embodiment of Figs. 7A-7B), wherein a side wall of the outer cap (200) includes at least one opening (see the openings accommodating release mechanism 600 in, for example, Fig. 8A) configured to allow the button portion (650) of the at least one claw (410, 450) to at least partially extend through the at least one opening when the claw assembly is in the first state (see Fig. 7A).
Re Claim 9, as best understood by the Examiner: Kapadia discloses a coupling device, wherein the button portion (650) of the at least one claw (410, 450) is configured to be pressed (at 658; Fig. 7A) inward through the at least one opening such that the button portion pivots out of the at least one opening such that the outer cap is moved distally (relative to the drive member 482) by a first biasing member (530).
Re Claim 10: Kapadia discloses a coupling device, wherein the inner shaft (482) supports at least one second biasing member (535), and wherein the at least one second biasing member is configured to bias the at least one claw (410, 450) toward the first state (see Fig. 7A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678
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