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 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.
Claim(s) 1- 4, 8- 11, 15, 17, 19 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US Pat. No. 3,828,764).
PNG
media_image1.png
634
916
media_image1.png
Greyscale
Regarding claim 1, Jones discloses a vasectomy reversal stent (Col. 1, l. 7- 11 - - This invention generally relates to a coupler and method for medical use whereby the ends of a severed vas deferens may be connected so as to either prevent further fluid flow therethrough or to facilitate fluid flow therethrough) comprising:
a body (36) (Fig. 6) having a first end (E1) (See Annotated Fig. 6 - - right of dashed line), a second end (E2) (See Annotated Fig. 6 - -left of dashed line), and a channel (C) (See Annotated Fig. 6) extending between the first and second ends (E1, E2) (Col. 4, l. 48- 53 - - FIG. 6 shows an embodiment of the coupler which is generally similar to that shown in FIG. 1 and 3, but in this instance the coupler is provided with a tapered tubing 36 where it is desirable to have a change in size for the purpose of making a change in size of the vas which is being connected); and
a flange (14) (Figs. 1, 3) extending radially outwardly from the body (36) (Col. 2, l.45- 52; - - Referring now to FIG. 1, one presently preferred form of a coupler designated by the numeral 11 is shown inserted in a vas deferens which is designated by the numeral 12. Coupler 11 is comprised of a generally elongated tubular member 13 which is sized for insertion into the severed ends of the vas 12 as shown. The periphery of the coupler 11 is provided with an annular flange 14 intermediate the ends thereof; it is noted that since the embodiment of Fig. 6 is generally similar to that shown in FIG. 1 and 3, the flange shown in Fig. 6 is interpreted as including the features of annular flange 14 as shown in Figs. 1, 3).
Regarding claim 2, Jones further discloses comprising an aperture (15) (Figs. 1, 3) for receiving a suture (Col. 2, l. 51- 60, Col. 4, l. 48- 53 - - The periphery of the coupler 11 is provided with an annular flange 14 intermediate the ends thereof the same being provided with a plurality of generally longitudinally extending holes 15 therethrough, which holes are circumferentially spaced about flange 14 so as to permit the passage of a micro-surgical needle therethrough and sutures so that the ends of vas 12 may be sutured to said flange. Further, the holes 15 facilitate the growth of flesh tissue therethrough so that the vessel will completely heal itself; FIG. 6 shows an embodiment of the coupler which is generally similar to that shown in FIG. 1 and 3, but in this instance the coupler is provided with a tapered tubing 36 where it is desirable to have a change in size for the purpose of making a change in size of the vas which is being connected; it is noted that since the embodiment of Fig. 6 is generally similar to that shown in FIG. 1 and 3, the flange shown in Fig. 6 is interpreted as including the features of longitudinally extending holes 15 as shown in Figs. 1, 3).
Regarding claim 3, Jones further discloses wherein the aperture (15) is disposed through a portion of the flange (14) (See Figs. 1, 3) (See the rejection of claim 2 above).
Regarding claim 4, Jones further discloses wherein the flange (14) is disposed between a first portion (P1) and a second portion (P2) of the body (36) (See Annotated Fig. 6).
Regarding claim 8, Jones further discloses comprising a loop (15 - - portion immediately surrounding longitudinally extending hole is interpreted as a loop) coupled to the flange (14), the loop (15) being sized to receive a suture to couple the body (36) to a vas deferens of a patient (Col. 2, l. 51- 60 - - The periphery of the coupler 11 is provided with an annular flange 14 intermediate the ends thereof the same being provided with a plurality of generally longitudinally extending holes 15 therethrough, which holes are circumferentially spaced about flange 14 so as to permit the passage of a micro-surgical needle therethrough and sutures so that the ends of vas 12 may be sutured to said flange. Further, the holes 15 facilitate the growth of flesh tissue therethrough so that the vessel will completely heal itself).
Regarding claim 9, Jones further discloses comprising a loop (15 - - portion immediately surrounding longitudinally extending hole is interpreted as a loop) coupled to an exterior surface of the body (36), the loop (15) configured to receive a suture to couple the body (36) to a vas deferens of a patient (Col. 2, l. 51- 60 - - The periphery of the coupler 11 is provided with an annular flange 14 intermediate the ends thereof the same being provided with a plurality of generally longitudinally extending holes 15 therethrough, which holes are circumferentially spaced about flange 14 so as to permit the passage of a micro-surgical needle therethrough and sutures so that the ends of vas 12 may be sutured to said flange. Further, the holes 15 facilitate the growth of flesh tissue therethrough so that the vessel will completely heal itself).
Regarding claim 10, Jones further discloses wherein the second end (E2) is tapered (See Annotated Fig. 6) (Col. 4, l. 48- 53 - - FIG. 6 shows an embodiment of the coupler which is generally similar to that shown in FIG. 1 and 3, but in this instance the coupler is provided with a tapered tubing 36 where it is desirable to have a change in size for the purpose of making a change in size of the vas which is being connected).
Regarding claim 11, Jones discloses a vasectomy reversal stent (Col. 1, l. 7- 11 - - This invention generally relates to a coupler and method for medical use whereby the ends of a severed vas deferens may be connected so as to either prevent further fluid flow therethrough or to facilitate fluid flow therethrough) comprising:
a tube (36) (Fig. 6) having an exterior surface, a first portion (P1) (See Annotated Fig. 6) having an exterior diameter (D1) (See Annotated Fig. 6 - - double arrow indicating an exterior diameter), and a second portion (P2) (See Annotated Fig. 6) having an exterior diameter (D2) (See Annotated Fig. 6 - - double arrow indicating an exterior diameter);
a loop (15) (Figs. 1, 3 - - portion immediately surrounding longitudinally extending hole is interpreted as a loop) coupled to the exterior surface of the tube (36), the loop (15) is configured to receive a suture to couple the tube (36) to a vas deferens of a patient (Col. 2, l. 51- 60, Col. 4, l. 48- 53 - - The periphery of the coupler 11 is provided with an annular flange 14 intermediate the ends thereof the same being provided with a plurality of generally longitudinally extending holes 15 therethrough, which holes are circumferentially spaced about flange 14 so as to permit the passage of a micro-surgical needle therethrough and sutures so that the ends of vas 12 may be sutured to said flange. Further, the holes 15 facilitate the growth of flesh tissue therethrough so that the vessel will completely heal itself; FIG. 6 shows an embodiment of the coupler which is generally similar to that shown in FIG. 1 and 3, but in this instance the coupler is provided with a tapered tubing 36 where it is desirable to have a change in size for the purpose of making a change in size of the vas which is being connected; it is noted that since the embodiment of Fig. 6 is generally similar to that shown in FIG. 1 and 3, the flange shown in Fig. 6 is interpreted as including the features of longitudinally extending holes 15 as shown in Figs. 1, 3);
wherein the exterior diameter of the first portion (D1) is greater than the exterior diameter of the second portion (D2) (See Annotated Fig. 6).
Regarding claim 15, Jones further discloses wherein the tube (36) comprises an open end (OE1) (See Annotated Fig. 6) adjacent the first portion (P1), the open end (OE1) having an interior diameter that is greater than an interior diameter of the first portion (P1) (See Annotated Fig. 6 - - showing tapering first portion (P1) wherein open end (OE1) has the greatest internal diameter).
Regarding claim 17, Jones further discloses wherein the tube (36) comprises a second open end (OE2) (See Annotated Fig. 6) opposite the open end (OE1), the second open end (OE2) is adjacent to the second portion (P2) and has an exterior diameter that is less than the exterior diameter of the second portion (D2) (See Annotated Fig. 6 - - showing tapering second portion (P2) wherein the second open end (OE2) has the smallest exterior diameter).
Regarding claim 19, Jones further discloses comprising a transition region (TR) (See Annotated Fig. 6) disposed between the first portion (P1) and second portion (P2), wherein an exterior diameter of the transition region (TR) gradually decreases from the exterior diameter of the first portion (D1) to the exterior diameter of the second portion (D2) (See Annotated Fig. 6).
Regarding claim 24, Jones further discloses wherein the loop (15) is coupled to the exterior surface of the tube (36) in the transition region (TR) (See Annotated Fig. 6).
Claim(s) 1- 4 and 7- 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (CN 202426590 U). Sun is cited in the IDs filed 5/15/24.
PNG
media_image2.png
888
918
media_image2.png
Greyscale
Regarding claim 1, Sun discloses a vasectomy reversal stent (P. [0005] - - can prevent anastomotic opening formed scar deference is blocked again, which is good for improving the success rate of vas anastomosis operation) comprising:
a body having a first end (E1) (See Annotated Fig. 1 - - left of dashed line), a second end (E2) (See Annotated Fig. 1 - - right of dashed line), and a channel (C) (See Annotated Fig. 1) extending between the first and second ends (E1, E2); and
a flange (2, 3) (Figs. 1, 2) extending radially outwardly from the body (1).
Regarding claim 2, Sun further discloses comprising an aperture (4, 5, 6, 7) (Figs. 1, 2) for receiving a suture (Ps. [0007], [0008] - - When using, the cut vas deferens two residual end are respectively sleeved on the two end tube body I, by a suture passes through the vas deferens near the first through-hole and a sperm remote after knotting, then other seams through the vas deferens near. a second through hole and a sperm remote after knotting, fixing of the bracket; the first groove 6 and the second groove 7 can make the suture line embedded therein).
Regarding claim 3, Sun further discloses wherein the aperture (6, 7) is disposed through a portion of the flange (2, 3) (See Fig. 1).
Regarding claim 4, Sun further discloses wherein the flange (2, 3) is disposed between a first portion (P1) and a second portion (P2) of the body (1) (See Annotated Fig. 1).
Regarding claim 7, Sun further discloses wherein the flange (2, 3) extends perpendicularly from an exterior surface of the body (1) (See Figs. 1, 2) (P. [0007] - - pipe body I two side of the outer wall are respectively provided with a first fixing piece 2 and the second fixing sheet 3, first sheet 2 is provided with first through holes 4, second fixing piece 3 is provided with second through holes 5).
Regarding claim 8, Sun further discloses comprising a loop (4, 5, 6, 7) (Figs. 1, 2) coupled to the flange (2, 3), the loop (4, 5, 6, 7) being sized to receive a suture to couple the body (1) to a vas deferens of a patient (Ps. [0007], [0008] - - When using, the cut vas deferens two residual end are respectively sleeved on the two end tube body I, by a suture passes through the vas deferens near the first through-hole and a sperm remote after knotting, then other seams through the vas deferens near. a second through hole and a sperm remote after knotting, fixing of the bracket; the first groove 6 and the second groove 7 can make the suture line embedded therein).
Regarding claim 9, Sun further discloses comprising a loop (4, 5, 6, 7) (Figs. 1, 2) coupled to an exterior surface of the body (1), the loop (4, 5, 6, 7) configured to receive a suture to couple the body (1) to a vas deferens of a patient (Ps. [0007], [0008] - - pipe body I two side of the outer wall are respectively provided with a first fixing piece 2 and the second fixing sheet 3, first sheet 2 is provided with first through holes 4, second fixing piece 3 is provided with second through holes 5; When using, the cut vas deferens two residual end are respectively sleeved on the two end tube body I, by a suture passes through the vas deferens near the first through-hole and a sperm remote after knotting, then other seams through the vas deferens near. a second through hole and a sperm remote after knotting, fixing of the bracket; the first groove 6 and the second groove 7 can make the suture line embedded therein).
Claim Rejections - 35 USC § 103
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(s) 5- 6 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US Pat. No. 3,828,764) as applied to claim 4 and claim 11 above, and in further view of Yeon (KR 101439492 B1).
Regarding claim 5 and claim 20, Jones discloses the apparatus of claim 4 and claim 11, but Jones does not disclose
(claim 5 and claim 20) wherein a length of the first portion is less than a length of the second portion.
However, Yeon teaches a vasectomy reversal stent in the same field of endeavor
(claim 5 and claim 20) wherein a length of the first portion (10) is less than a length of the second portion (20) (Figs. 1- 9) (p. 6, 7th Para.- p. 7, 1st Para. - - -“In addition, the tubular insertion member (10, 20), the cut cavity (V1, V2) is a tapered surface sloping at a predetermined angle to the end portion to be inserted into is formed. In this manner, the tubular insertion portion (14, 24) inserted into the tubular portion by the tapered surface formed on the (14, 24) can be easily inserted into the lumen of the cut (V1, V2). On the other hand, the tubular insertion portion (12, 22) is of length, either is preferably relatively long. This separation of the lumen by inserting the cut in pressure of the high pressure lumen of the cut may be different because of the relatively long side across the tubular insertion portion (V1, V2) by increasing the contact area and the contact resistance, the cut cavity (V1, V2) it is possible to prevent to some extent”).
It would have been obvious to modify the length of the first portion and the length of the second portion associated with Jones such that the first portion is shorter than the second portion according to the teachings of Yeon because it would allow for the shorter first portion to be easily inserted into a lumen formed by a cut (V1) made in a first direction of the vas deferens and the longer second portion to be inserted in order to increase the surface contact area, thereby preventing the device from slipping out of the vas deferens (Yeon - - p. 6, 7th Para.- p. 7, 1st Para.).
Regarding claim 6, Jones discloses the apparatus of claim 4, but Jones does not disclose
(claim 6) wherein a length of the first portion is less than a length of the second portion.
However, Yeon teaches a vasectomy reversal stent in the same field of endeavor
(claim 6) wherein a length of the first portion (10) is less than a length of the second portion (20) (Figs. 1- 9) (p. 6, 7th Para.- p. 7, 1st Para. - - -“In addition, the tubular insertion member (10, 20), the cut cavity (V1, V2) is a tapered surface sloping at a predetermined angle to the end portion to be inserted into is formed. In this manner, the tubular insertion portion (14, 24) inserted into the tubular portion by the tapered surface formed on the (14, 24) can be easily inserted into the lumen of the cut (V1, V2). On the other hand, the tubular insertion portion (12, 22) is of length, either is preferably relatively long. This separation of the lumen by inserting the cut in pressure of the high pressure lumen of the cut may be different because of the relatively long side across the tubular insertion portion (V1, V2) by increasing the contact area and the contact resistance, the cut cavity (V1, V2) it is possible to prevent to some extent”).
It would have been obvious to modify the length of the first portion and the length of the second portion associated with Jones such that the first portion is shorter than the second portion according to the teachings of Yeon because it would allow for the shorter first portion to be easily inserted into a lumen formed by a cut (V1) made in a first direction of the vas deferens and the longer second portion to be inserted in order to increase the surface contact area, thereby preventing the device from slipping out of the vas deferens (Yeon - - p. 6, 7th Para.- p. 7, 1st Para.).
Modified Jones discloses the invention essentially as claimed as discussed above.
However, Modified Jones does not expressly disclose wherein the length of the first portion is in a range between 20% to 30% of the length of the second portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Modified Jones to have a length of the first portion is in a range between 20% to 30% of the length of the second portion since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Jones in view of Yeon would not operate differently with the claimed relative lengths and since the shorter first length and the longer second length are intended to be inserted inside a the vas deferens, the device of Jones in view of Yeon would function appropriately having the claimed relative lengths. Further, applicant places no criticality on the range claimed, indicating simply that “the length of first portion 308 may be 75%, 50%, 33%, 25%, 20%, or less of the length of the second portion 310” (P. [0051] of applicant’s Specification).
Claim(s) 5- 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 202426590 U) as applied to claim 4 above, and in further view of Yeon (KR 101439492 B1).
Regarding claim 5, Sun discloses the apparatus of claim 4, but Sun does not disclose
(claim 5) wherein a length of the first portion is less than a length of the second portion.
However, Yeon teaches a vasectomy reversal stent in the same field of endeavor
(claim 5) wherein a length of the first portion (10) is less than a length of the second portion (20) (Figs. 1- 9) (p. 6, 7th Para.- p. 7, 1st Para. - - -“In addition, the tubular insertion member (10, 20), the cut cavity (V1, V2) is a tapered surface sloping at a predetermined angle to the end portion to be inserted into is formed. In this manner, the tubular insertion portion (14, 24) inserted into the tubular portion by the tapered surface formed on the (14, 24) can be easily inserted into the lumen of the cut (V1, V2). On the other hand, the tubular insertion portion (12, 22) is of length, either is preferably relatively long. This separation of the lumen by inserting the cut in pressure of the high pressure lumen of the cut may be different because of the relatively long side across the tubular insertion portion (V1, V2) by increasing the contact area and the contact resistance, the cut cavity (V1, V2) it is possible to prevent to some extent”).
It would have been obvious to modify the length of the first portion and the length of the second portion associated with Sun such that the first portion is shorter than the second portion according to the teachings of Yeon because it would allow for the shorter first portion to be easily inserted into a lumen formed by a cut (V1) made in a first direction of the vas deferens and the longer second portion to be inserted in order to increase the surface contact area, thereby preventing the device from slipping out of the vas deferens (Yeon - - p. 6, 7th Para.- p. 7, 1st Para.).
Regarding claim 6, Sun discloses the apparatus of claim 4, but Sun does not disclose
(claim 6) wherein a length of the first portion is less than a length of the second portion.
However, Yeon teaches a vasectomy reversal stent in the same field of endeavor
(claim 6) wherein a length of the first portion (10) is less than a length of the second portion (20) (Figs. 1- 9) (p. 6, 7th Para.- p. 7, 1st Para. - - -“In addition, the tubular insertion member (10, 20), the cut cavity (V1, V2) is a tapered surface sloping at a predetermined angle to the end portion to be inserted into is formed. In this manner, the tubular insertion portion (14, 24) inserted into the tubular portion by the tapered surface formed on the (14, 24) can be easily inserted into the lumen of the cut (V1, V2). On the other hand, the tubular insertion portion (12, 22) is of length, either is preferably relatively long. This separation of the lumen by inserting the cut in pressure of the high pressure lumen of the cut may be different because of the relatively long side across the tubular insertion portion (V1, V2) by increasing the contact area and the contact resistance, the cut cavity (V1, V2) it is possible to prevent to some extent”).
It would have been obvious to modify the length of the first portion and the length of the second portion associated with Sun such that the first portion is shorter than the second portion according to the teachings of Yeon because it would allow for the shorter first portion to be easily inserted into a lumen formed by a cut (V1) made in a first direction of the vas deferens and the longer second portion to be inserted in order to increase the surface contact area, thereby preventing the device from slipping out of the vas deferens (Yeon - - p. 6, 7th Para.- p. 7, 1st Para.).
Modified Sun discloses the invention essentially as claimed as discussed above.
However, Modified Sun does not expressly disclose wherein the length of the first portion is in a range between 20% to 30% of the length of the second portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Modified Sun to have a length of the first portion is in a range between 20% to 30% of the length of the second portion since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Sun in view of Yeon would not operate differently with the claimed relative lengths and since the shorter first length and the longer second length are intended to be inserted inside a the vas deferens, the device of Sun in view of Yeon would function appropriately having the claimed relative lengths. Further, applicant places no criticality on the range claimed, indicating simply that “the length of first portion 308 may be 75%, 50%, 33%, 25%, 20%, or less of the length of the second portion 310” (P. [0051] of applicant’s Specification).
Regarding claim 10, Sun discloses the apparatus of claim 1, but Sun does not disclose
(claim 10) wherein the second end is tapered.
However, Yeon teaches a vasectomy reversal stent in the same field of endeavor
(claim 10) wherein the second end (20) (Figs. 1- 9) is tapered (p. 6, 7th Para.- p. 7, 1st Para. - - -“In addition, the tubular insertion member (10, 20), the cut cavity (V1, V2) is a tapered surface sloping at a predetermined angle to the end portion to be inserted into is formed. In this manner, the tubular insertion portion (14, 24) inserted into the tubular portion by the tapered surface formed on the (14, 24) can be easily inserted into the lumen of the cut (V1, V2). On the other hand, the tubular insertion portion (12, 22) is of length, either is preferably relatively long. This separation of the lumen by inserting the cut in pressure of the high pressure lumen of the cut may be different because of the relatively long side across the tubular insertion portion (V1, V2) by increasing the contact area and the contact resistance, the cut cavity (V1, V2) it is possible to prevent to some extent”).
It would have been obvious to modify the second end associated with Sun such that the second end is tapered according to the teachings of Yeon because it would allow for the second end is tapered to be easily inserted into a lumen formed by a cut (V1) made in a first direction of the vas deferens and the longer second portion to be inserted in order to increase the surface contact area, thereby preventing the device from slipping out of the vas deferens (Yeon - - p. 6, 7th Para.- p. 7, 1st Para.).
Claim(s) 12- 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US Pat. No. 3,828,764) as applied to claim 11 above, and further in view of Alcond (US Pat. No. 4,674,506).
Regarding claims 12- 14, Jones discloses the apparatus of claim 11, but Jones does not disclose
(claims 12- 14) the respective diameters of the first portion and the second portion as claimed.
However, Alcond teaches a vasectomy reversal stent (10) (Figs. 1, 7) in the same field of endeavor (Col. 5, l. 33- 35)
(claim 12) wherein the exterior diameter of the first portion (12) (Figs. 1, 7) is in a range of approximately 0.9 millimeters to approximately 3 millimeters (Col. 4, l. 42- 49 - - For a vas deferens, for example, stent 10 may be reasonably manufactured in twelve different sizes. These sizes would range from a minimum of approximately 0.6 millimeters at the urethral (second portion 14) and 1.3 millimeters at the testicular (first portion 12) end, to a maximum of approximately 1.3 millimeters at the urethral end and 2.0 millimeters at the testicular end; it is noted that the first portion (12) range of 1.3 mm to 2.0 mm falls within the claimed range);
(claim 13) wherein the exterior diameter of the second portion (14) (Figs. 1, 7) is in a range of approximately 0.6 millimeters and approximately 0.8 millimeters (Col. 4, l. 42- 49 - - For a vas deferens, for example, stent 10 may be reasonably manufactured in twelve different sizes. These sizes would range from a minimum of approximately 0.6 millimeters at the urethral (second portion 14) and 1.3 millimeters at the testicular (first portion 12) end, to a maximum of approximately 1.3 millimeters at the urethral end and 2.0 millimeters at the testicular end; it is noted that the second portion (14) range of 0.6 mm to 1.3 mm falls within the claimed range);
(claim 14) wherein the exterior diameter of the first portion (12) is at least approximately 150% of the exterior diameter of the second portion (14) (Col. 4, l. 42- 49 - - For a vas deferens, for example, stent 10 may be reasonably manufactured in twelve different sizes. These sizes would range from a minimum of approximately 0.6 millimeters at the urethral (second portion 14) and 1.3 millimeters at the testicular (first portion 12) end, to a maximum of approximately 1.3 millimeters at the urethral end and 2.0 millimeters at the testicular end; it is noted that the first portion (12) diameter range of 1.3 mm to 2.0 mm is at least approximately 150% of the second portion (14) diameter of 0.6 mm to 1.3 mm).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the device of Jones such that the first portion (12) range is 1.3 mm to 2.0 mm, the second portion (14) range is 0.6 mm to 1.3 mm and the first portion (12) diameter range of 1.3 mm to 2.0 mm is at least approximately 150% of the second portion (14) diameter of 0.6 mm to 1.3 mm according to the teachings of Alcond since it is well known in the art of predictably performing a vasovasostomy that the cross-sectional dimensions of the vasectomy reversal stent are determined primarily by the ranges of interior diameters of the vas deferens to be recanalized (Col. 4, l. 38- 42).
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US Pat. No. 3,828,764) as applied to claim 11 above, and further in view of Hollander (US Pub. No. 2014/0048076 A1).
Regarding claim 27, Jones discloses the apparatus of claim 11, but Jones does not disclose
(claim 27) comprising a visual indicator disposed on the exterior surface of the tube at a position that is longitudinally offset from an open end of the tube.
However, Hollander teaches a vasectomy reversal stent in the same field of endeavor (Abstract)
(claim 27) comprising a visual indicator (58) (Figs. 2, 4, 5A) disposed on the exterior surface of the tube (16, 18) (Figs. 1- 4, 8- 12) at a position that is longitudinally offset from an open end of the tube (16, 18) (See Fig. 2) (P. [0032] - - As best seen from FIGS. 2 through 4, flow aperture 52 is shown oriented to extend generally orthogonally with respect to a common flow axis defined by inlet passage 26 and outlet passage 28 when valve member 20 is located in a first or "closed" position. When located in its first position, valve member 20 interrupts and prohibits the flow of sperm from inlet passage 26 to outlet passage 28, whereby valve assembly 10 defines a "contraceptive" mode of functionality. Tool receipt feature 54 is shown as a slot 58 formed in a first end surface 60 of valve member 20 and extends parallel to flow aperture 52 so as to provide a visual indication to the surgeon that valve member 20 is located in its first position and valve assembly 10 is operating in its first mode. Specifically, when slot 58 is aligned transversely to tubular inlet section 16 and tubular outlet section 18 of housing 14 it provides a definitive visual indication that valve assembly 10 is closed).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the applicant’s claimed invention to modify the device of Jones in order to include a visual indicator according to the teachings of Hollander because it would allow for a user to have definitive visual indication of whether the vasectomy reversal stent is in the closed “contraceptive” mode or whether the vasectomy has been reversed (Hollander - - P. [0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KANKINDI RWEGO whose telephone number is (303)297-4759. The examiner can normally be reached Monday- Friday: 10:00- 5:00 MT.
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) Tan-Uyen 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.
/KANKINDI RWEGO/Primary Examiner, Art Unit 3771
Prosecution Insights