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 group I, claims 1-6 in the reply filed on 3/27/2026 is acknowledged.
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, 2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Fisher et al. (US 9,603,538, hereinafter “Fisher”).
In regards to claim 1, Fisher discloses a system for holding at least one peripheral nerve, said system comprising:
a support surface (Fig. 1A, side facing outward from the figure for contacting a nerve, see also Fig. 12),
wherein the support surface is operational for holding the peripheral nerve (col. 1, lines 34-37, “for delivering electrical stimulation to peripheral nerves,” col. 17, line 30, “median, radial, and ulnar nerves”);
a first fastener receptacle positioned on the proximal end of the support surface (one of elements 68, see annotated Fig. 1A below, col. 9, lines 1-3, “the opening or channel 68 is configured to receive an attachment mechanism 34, such as a clip, suture, clasp, O-ring, or the like”);
a second fastener receptacle positioned on the distal end of the support surface (another of the elements 68, see annotated Fig. 1A below);
a third fastener receptacle positioned on a first side of the support surface (another of the elements 68, see annotated Fig. 1A below); and
a fourth fastener receptacle positioned on a second side of the support surface (another of the elements 68, see annotated Fig. 1A below),
wherein the first and the second side are on opposite sides of one another (see annotated Fig. 1A below), and
wherein each fastener receptacle is operational to receive at least one fastener (col. 9, lines 1-3).
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Annotated Fig. 1A
In regards to claim 2, the support surface comprises a flat surface (Fig. 1A, before application to the nerve).
In regards to claim 4, each fastener receptacle comprises one or more slots operational to receive a fastener (Fig. 1A, col. 9, lines 1-3).
In regards to claim 5, the system further comprises an aperture (Figs. 11 and 12, slot formed for bendable region 60), wherein the aperture is positioned below the support surface (“below” with respect to the contact surface of the nerve), wherein the aperture spans the width of the support surface (Fig. 5A, element 60), and wherein the aperture is operational to receive a cord for lifting the system (Fig. 12 -- based on the relative sizes of the cord/suture 34 and aperture 60, this aperture is capable of having a cord wrapped around the device in the slot/aperture created by 60/62 and lifted).
In regards to claim 6, the system further comprises a base area positioned below the support surface, wherein the base area is operational to stabilize the system on a surface (Fig. 1A, side facing away from the view of the figure that is capable of being placed on a surface, such as a table).
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Winograd et al. (US 2014/0107590, hereinafter “Winograd”).
In regards to claim 1, Winograd discloses a system for holding at least one peripheral nerve (Fig. 1, nerve 10/12, par. 0029), said system comprising:
a support surface (Fig. 1, inner surface of 52/54),
wherein the support surface is operational for holding the peripheral nerve (Fig. 1);
a first fastener receptacle positioned on the proximal end of the support surface (one of elements 216, see annotated Fig. 8 below, par. 0042, “Each hole 216 receives one of the tapering posts 214”);
a second fastener receptacle positioned on the distal end of the support surface (another of the elements 216, see annotated Fig. 8 below);
a third fastener receptacle positioned on a first side of the support surface (another of the elements 216, see annotated Fig. 8 below); and
a fourth fastener receptacle positioned on a second side of the support surface (another of the elements 216, see annotated Fig. 8 below),
wherein the first and the second side are on opposite sides of one another (see annotated Fig. 8 below), and
wherein each fastener receptacle is operational to receive at least one fastener (par. 0042).
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Annotated Fig. 8
In regards to claim 2, the support surface comprises a flat surface (Fig. 6; surface in the direction of the longitudinal axis of the nerve is flat).
In regards to claim 3, wherein the system further comprises:
a first angled surface positioned on the proximal end of the support surface and behind
the first fastener receptacle; and
a second angled surface positioned on the distal end of the support surface and behind the second fastener receptacle (see annotated Fig. 8 above; angled with respect to the arbitrary proximal/distal axis).
In regards to claim 4, each fastener receptacle comprises one or more slots operational to receive a fastener (par. 0042, “Each hole 216 receives one of the tapering posts 214”).
In regards to claim 6, the system further comprises a base area positioned below the support surface, wherein the base area is operational to stabilize the system on a surface (Fig. 6, outer surface of the device is capable of being placed on a surface, such as a table).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Judy et al. (US 2018/0338765) is another example of a system for holding a peripheral nerve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 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, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792
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