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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features from claims 5, 6, and 15 (the width of the protrusion being larger at the distal end than the width of the protrusion at the proximal end) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 line 3 “a width direction” is suggested to read “the width direction” for better antecedent basis.
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 5, 6, and 15 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.
Claim 5 recites “wherein a width of the protrusion in a width direction increases toward a distal end side of the longitudinal axis” in lines 1-3 and is unclear how the width is increased if the protrusion is shown to be tapering towards the distal end, therefore resulting in a decreased width at the distal end side. For the purposes of examination, the Office will interpret the claim to mean “wherein a width of the protrusion in a width direction decreases toward a distal end side of the longitudinal axis.”
Claim 6 recites “wherein a width of the protrusion in a 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” in lines 1-5 and is unclear how the width is increased at the second position if the protrusion is shown to be tapering towards the distal end, therefore resulting in a decreased width at the second position. For the purposes of examination, the Office will interpret the claim to mean “wherein a width of the protrusion in a width direction decreases 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.”
Claim 15 recites “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 the proximal end of the transitional surface” in lines 1-4 and is unclear how the width is increased if the protrusion is shown to be tapering towards the distal end, therefore resulting in a decreased width at the distal end. For the purposes of examination, the Office will interpret the claim to mean “wherein a width dimension of the protrusion at a distal end of the transitional surface is less than a width dimension of the protrusion at the proximal end of the transitional surface.”
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 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sauer et al. (US Patent 5,496,341), hereinafter known as “Sauer.”
With regards to claim 1, Sauer discloses (Figures 1-6e) a needle holder 10 (although a needle is not explicitly disclosed, the structure of Sauer comprises the elements recited below and thus is interpreted as a needle holder) comprising:
a grasper comprising:
a first jaw 22 including a protrusion and a bottom surface (see annotated figure 3 below), the protrusion protruding from the bottom surface in a protruding direction intersecting a longitudinal axis (see annotated figure 3 below); and
a second jaw 47 facing the bottom surface, the second jaw 47 being operable to open and close with respect to the first jaw 22 (figures 6b-6c);
wherein the protrusion 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 3 below);
an outer surface formed distally relative to the proximal surface (see annotated figure 3 below); and
a transitional surface located between the proximal surface and the outer surface, the transitional surface extending along the protruding direction from the bottom surface (see annotated figure 3 below).
PNG
media_image1.png
569
827
media_image1.png
Greyscale
With regards to claim 2, Sauer discloses wherein the transitional surface extends continuously from the proximal surface in a width direction, the width direction intersecting the longitudinal axis and the protruding direction (see annotated figure 3 below).
PNG
media_image2.png
560
570
media_image2.png
Greyscale
With regards to claim 3, Sauer discloses wherein the transitional surface extends outwardly from the proximal surface in a width direction, the width direction intersecting the longitudinal axis and the protruding direction (see annotated figure 3 below).
PNG
media_image3.png
560
570
media_image3.png
Greyscale
With regards to claim 4, Sauer discloses wherein the transitional surface is located within a width of the bottom surface in a width direction, the width direction intersecting the longitudinal axis and the protruding direction (see annotated figure 3 above).
With regards to claim 5, Sauer discloses wherein a width of the protrusion in a width direction decreases toward a distal end side of the longitudinal axis, the width direction intersecting the longitudinal axis and the protruding direction (see 112(b) rejection above; see annotated figure 3 below).
PNG
media_image4.png
560
570
media_image4.png
Greyscale
With regards to claim 6, Sauer discloses wherein a width of the protrusion in a width direction decreases 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, the width direction intersecting the longitudinal axis and the protruding direction (see 112(b) rejection above; see annotated figure 3 above).
With regards to claim 7, Sauer 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 3 below).
PNG
media_image5.png
560
570
media_image5.png
Greyscale
With regards to claim 8, Sauer discloses wherein the protrusion comprises a first protrusion and a second protrusion, wherein the second jaw 47 is located between the first protrusion and the second protrusion (see first annotated figure 3 above).
With regards to claim 9, Sauer discloses wherein the transitional surface is a flat surface (see first annotated figure 3 above, transitional surface denoted by the top and side surface are flat).
With regards to claim 11, Sauer discloses (Figures 1-6e) a needle holder (although a needle is not explicitly disclosed, the structure of Sauer comprises the elements recited below and thus is interpreted as a needle holder) comprising:
a grasper comprising:
a first jaw 22 including a protrusion and a bottom surface, the protrusion protruding from the bottom surface in a protruding direction intersecting a longitudinal axis (see annotated figure 3 below); and
a second jaw 47 facing the bottom surface, the second jaw being operable to open and close with respect to the first jaw 22 (figures 6b-6c);
wherein the protrusion 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 3 below);
an outer surface formed distally relative to the proximal surface (see annotated figure 3 below); and
a transitional surface located between the proximal surface and the outer surface, a proximal end of the transitional surface extending along the protruding direction from the bottom surface (see annotated figure 3 below).
PNG
media_image1.png
569
827
media_image1.png
Greyscale
PNG
media_image2.png
560
570
media_image2.png
Greyscale
With regards to claim 12, Sauer discloses wherein the proximal end of the transitional surface extends continuously from the proximal surface (see annotated figure 3 below).
PNG
media_image6.png
560
570
media_image6.png
Greyscale
With regards to claim 13, Sauer discloses wherein a distal end of the transitional surface extends from the bottom surface (see annotated figure 3 below).
PNG
media_image7.png
560
570
media_image7.png
Greyscale
With regards to claim 14, Sauer discloses wherein the distal end of the transitional surface extends continuously from the outer surface (see annotated figure 3 below).
PNG
media_image8.png
560
570
media_image8.png
Greyscale
With regards to claim 15, Sauer discloses wherein a width dimension of the protrusion at a distal end of the transitional surface is less than a width dimension of the protrusion at the proximal end of the transitional surface (see 112(b) rejection above; see annotated figure 3 below).
PNG
media_image4.png
560
570
media_image4.png
Greyscale
With regards to claim 16, Sauer discloses wherein the transitional surface extends outwardly from the proximal surface in a width direction (see annotated figure 3 below).
PNG
media_image3.png
560
570
media_image3.png
Greyscale
With regards to claim 17, Sauer discloses wherein an entirety of the transitional surface extends from the bottom surface (see annotated figure 3 below).
PNG
media_image9.png
560
570
media_image9.png
Greyscale
With regards to claim 18, Sauer discloses wherein a distal end of the transitional surface extends from an edge of the bottom surface (see annotated figure 3 below).
PNG
media_image7.png
560
570
media_image7.png
Greyscale
With regards to claim 19, Sauer discloses wherein the protrusion is located at a distal end portion of the first jaw 22 (see first annotated figure 3 above).
With regards to claim 20, Sauer 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 3 below).
PNG
media_image10.png
560
570
media_image10.png
Greyscale
Claim Rejections - 35 USC § 103
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 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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sauer in view of Qureshi et al. (US Patent 5,951,587), hereinafter known as “Qureshi.”
With regards to claim 10, Sauer discloses the needle holder as claimed in claim 1. Sauer further discloses wherein the grasper is located distally (figures 1-3), wherein the protrusion is located at a distal end portion of the first jaw 22 (see first annotated figure 3 above). Sauer is silent to further comprising a tube.
However, in a similar field of endeavor of needle holders, Qureshi teaches (Figures 1-6) a tube 40, wherein the grasper 50 is located distally relative to the tube 40 (figures 1-2; Col 3 lines 23-33).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the needle holder of Sauer to include further comprising a tube as taught by Qureshi for the purpose of accessing/manipulating body tissue located deeper within the body via the tube/shaft as well as providing a more ergonomic handle.
Conclusion
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMED S ADAM/Examiner, Art Unit 3771 01/15/2026
/KATHERINE M SHI/Primary Examiner, Art Unit 3771