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
The amendment filed 04/17/2026 has been entered. Claims 1, 5-15, and 17-20 remain pending in the application, claims 2-4 and 16 are cancelled, and claims 21-24 have been added. Applicant’s amendments to the claims have overcome each drawing objection, claim objection, 112(b) rejections, and the interpretation of the prior art rejection previously set forth in the Non-Final Office Action mailed 01/21/2026, however a new prior art rejection is made in view of Martin et al. (see rejection below).
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on the previous interpretation of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Arguments directed to the claims as amended are addressed in the body of the rejection 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.
Claims 1, 5-15, and 17-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (US PGPub 2012/0289975), hereinafter known as “Martin.”
With regards to claim 1, Martin discloses (Figures 6-8) a needle holder 300 comprising:
a grasper 310/330 comprising:
a first jaw 330 including a protrusion 370 and a bottom surface (see annotated figure 6 below), the protrusion 370 protruding in a protruding direction intersecting a longitudinal axis (see annotated figure 6 below); and
a second jaw 310 facing the bottom surface, the second jaw 310 being operable to open and close with respect to the first jaw 330 (paragraph 53);
wherein the protrusion 370 includes:
a proximal surface formed on a proximal end of the protrusion so as to face in a proximal direction along the longitudinal axis (see annotated figure 8 below);
an outer surface 376 formed distally relative to the proximal surface (see annotated figure 8 below); and
a transitional surface located between the proximal surface and the outer surface 376, wherein in a width direction perpendicular to the longitudinal axis and the protruding direction, the transitional surface is continuous with the proximal surface and is located outwardly relative to an outer end of the proximal surface (see annotated figure 8 below).
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With regards to claim 5, Martin discloses wherein a width of the protrusion 370 in the width direction increases toward a distal end side of the longitudinal axis (see annotated figure 8 above; width of the protrusion 370 increases in the transitional surface region).
With regards to claim 6, Martin discloses wherein a width of the protrusion 370 in the width direction increases from a first position located at a proximal end of the transitional surface to a second position located at a distal end of the transitional surface (see annotated figure 8 above; width of the protrusion 370 increases from the proximal end of the transitional surface to the distal end of the transitional surface).
With regards to claim 7, Martin discloses wherein a proximal end of the transitional surface is closer to the second jaw than a distal end of the transitional surface (see annotated figure 6 below).
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With regards to claim 8, Martin discloses wherein the protrusion comprises a first protrusion 370 and a second protrusion 354 (second protrusion 354 also comprises of a proximal surface (where 354 is pointed to in figure 8), an outer surface 360, and a transitional surface (see annotated figure 8 below); paragraphs 58-59), wherein the second jaw 310 is located between the first protrusion 370 and the second protrusion 354 (figure 7B).
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With regards to claim 9, Martin discloses wherein the transitional surface is a flat surface (see first annotated figure 8 above).
With regards to claim 10, Martin discloses further comprising a tube 302, wherein the grasper 310/330 is located distally relative to the tube 302, wherein the protrusion 370 is located at a distal end portion of the first jaw 330 (figures 6-7B).
With regards to claim 11, Martin discloses (Figures 6-8) a needle holder 300 comprising:
a grasper 310/330 comprising:
a first jaw 330 including a protrusion 370 and a bottom surface (see annotated figure 6 below), the protrusion 370 protruding in a protruding direction intersecting a longitudinal axis (see annotated figure 6 below); and
a second jaw 310 facing the bottom surface, the second jaw 310 being operable to open and close with respect to the first jaw 330 (paragraph 53);
wherein the protrusion 370 includes:
a proximal surface formed on a proximal end of the protrusion, the proximal surface extending along a width direction, the width direction intersecting the longitudinal axis and the protruding direction (see annotated figure 8 below);
an outer surface 376 formed distally relative to the proximal surface (see annotated figure 8 below); and
a transitional surface located between the proximal surface and the outer surface 376, wherein in a width direction, the transitional surface is continuous with the proximal surface and is located outwardly relative to an outer end of the proximal surface (see annotated figure 8 below).
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With regards to claim 12, Martin discloses wherein a proximal end of the transitional surface extends continuously from the proximal surface (see annotated figure 8 above).
With regards to claim 13, Martin discloses wherein a distal end of the transitional surface extends from the bottom surface (see annotated figure 6 below).
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With regards to claim 14, Martin discloses wherein the distal end of the transitional surface extends continuously from the outer surface (see annotated figure 8 above).
With regards to claim 15, Martin discloses wherein a width dimension of the protrusion at a distal end of the transitional surface is larger than a width dimension of the protrusion at a proximal end of the transitional surface (see annotated figure 8 above; width of the protrusion 370 increases from the proximal end of the transitional surface to the distal end of the transitional surface).
With regards to claim 17, Martin discloses wherein an entirety of the transitional surface extends from the bottom surface (see annotated figure 6 above).
With regards to claim 18, Martin discloses wherein a distal end of the transitional surface extends from an edge of the bottom surface (see annotated figure 6 below).
With regards to claim 19, Martin discloses wherein the protrusion 370 is located at a distal end portion of the first jaw 330 (figure 6).
With regards to claim 20, Martin discloses wherein an angle formed by the transitional surface and the proximal surface is 90 degrees or more and less than 180 degrees (see annotated figure 8 below).
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With regards to claim 21, Martin discloses wherein the proximal surface is located between the transitional surface and the bottom surface in the width direction (see annotated figure 6 below).
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With regards to claim 22, Martin discloses wherein the bottom surface extends along the longitudinal axis to a distal end of the first jaw 330 (figures 7A-7B – bottom surface of first jaw 330 where protrusion 370 sits extends along the longitudinal axis).
With regards to claim 23, Martin discloses wherein the first jaw 330 comprises a groove extending along the longitudinal axis, and the bottom surface is the bottom surface of the groove (figures 7A-7B – protrusion 370 sits inside the groove of the first jaw 330, the groove being the bottom surface).
With regards to claim 24, Martin discloses wherein the transitional surface extends along a single plane and extends continuously and outwardly from the proximal surface to the outer surface in a first direction, the first direction being transverse to the proximal surface and the longitudinal axis (see annotated figure 8 below).
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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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S ADAM/Examiner, Art Unit 3771 05/07/2026
/KATHERINE M SHI/Primary Examiner, Art Unit 3771
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