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 .
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 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.
Status of Claims
Claims 63 – 64 are pending. Claims 2 – 3, 6, 8 – 19, 22 – 23, 26 – 46, 48, 51 and 59 – 62 are cancelled. Claims 1, 4 – 5, 7, 20 – 21, 24 – 25, 47, 49 – 50 and 52 – 58 are allowed
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/17/2024 was filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 15 “is” after second conduit needs to be deleted. 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.
Claim 63 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.
Claim 63 recites the limitation "the long axis" in line 13. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the limitation will be examined as “a long axis”.
Claim 63 recites the limitation "the amount" in line 14. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, the limitation will be examined as “an amount”.
Claim 64 is rejected as being a dependent of rejected claim 63.
Allowable Subject Matter
Claims 1, 4 – 5, 7, 20 – 21, 24 – 25, 47, 49 – 50 and 52 – 58 are allowed.
The following is an examiner’s statement of reasons for allowance: The instant invention is neither anticipated nor rendered obvious by the prior art because the prior art fails to teach, suggest or make obvious the device being configured to reversibly toggle between orientations comprising a first orientation and a second orientation, the first orientation of the first conduit being is adjustable with respect to the second orientation of the second conduit along the long axis, wherein adjustment of the first conduit with respect to the second conduit alters the overlap between the first portion of the first conduit and the second portion of second conduit;, with the additional limitations of the claim.
The closest prior art being Borrego, U.S. Patent Publication No. 2022/0219397 A1 and Frenchman et al. U. S. Patent Publication No. 20180281282 A1. Both Borrego and Frenchman teach a device for material removal, however, the references – alone or in combination, fail to teach, suggest or make obvious the device being configured to reversibly toggle between orientations comprising a first orientation and a second orientation, the first orientation of the first conduit being is adjustable with respect to the second orientation of the second conduit along the long axis, wherein adjustment of the first conduit with respect to the second conduit alters the overlap between the first portion of the first conduit and the second portion of second conduit.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 63 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for indication of allowable subject matter: The instant invention is neither anticipated nor rendered obvious by the prior art because the prior art fails to teach, suggest or make obvious the device being configured to reversibly toggle between a first orientation and a second orientation, the first orientation of the first conduit is adjustable with respect to the second orientation of the second conduit along a long axis, wherein adjustment of the first conduit with respect to the second conduit alters an amount of overlap between the first conduit and the second conduit, with the additional limitations of the claim.
Claim 64 is rejected as a dependent of claim 63.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723
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