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 Species E, encompassing FIGs 7-10D, in the reply filed on 01/15/2026 is acknowledged. Applicant submits that claims 1-20 read on the elected Species. However, it is the examiners position that only claims 19-20 read on the elected Species E. Claims 1 and 16 recite “the second arm includes first and second distal legs pivotable relative to each other about a distal hinge”. As shown in FIGs 7 and 10A-10D, Species E does not comprise an arm which has first and second legs pivotable relative to each other nor does it comprise a distal hinge. This claimed feature can be found, in Species A-D, but not in elected Species E. Therefore, claims 1-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
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 20 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 20 recites “the distal hook” in line 1. Claim 19 sets forth “a distal hook at the first distal end” in line 3 and “a distal hook at the second distal end” in line 5. Therefore, it is unclear which distal hook is being referred to in claim 20. For the purpose of examination, this limitation in interpreted as referring to the distal hook at the first distal end.
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.
Claim(s) 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas et al. (US 2020/0046359).
Regarding claim 19, Thomas et al. discloses a surgical ligation clip comprising (10, FIG 3-5, [0037]): (a) a first arm extending (14) from a first proximal end (24, [0038]) to a first distal end (26), wherein the first arm includes a distal hook (The shape of 42 and 40 is shown to form a hook, FIG 3, and also acts as a hook by engaging with locking element 30, [0040]) at the first distal end (FIG 3); (b) a second arm (12) extending from a second proximal end (18) to a second distal end (20), wherein the second arm includes a distal hook (30) at the second distal end (FIG 3), wherein the second arm is movable relative to the first arm (See movement between FIGS 3 and 4, [0040]) to clamp tissue between the first and second arms ([0038, 0040, 0043]); (c) a column (80, FIG 5, [0044]) extending between the first and second arms (FIG 5 shows that 80 extends between 12 and 14, [0045]), wherein the column includes first and second column portions (Portions of 106) pivotable relative to each other about a hinge (104, [0045]; the movement between FIGs 5 and 6 shows portions 106 pivoting relative to one another about 106); and (d) an arcuate hinge (82, FIG 5 and 6) extending between the first and second arms ([0044]) proximally of the column (As shown in FIGs 3 and 4, hinge 82 is positioned proximal to 80).
Regarding claim 19, Thomas et al. discloses the distal hook includes a pair of sidewalls (Inner walls formed by 42, FIG 1) configured to laterally flank the second distal end of the second arm when the surgical ligation clip is in a fully closed state (FIG 4 shows in the closed stated that the pair of sidewalls of 42 are positioned outside of the distal end 30) to inhibit lateral misalignment of the first and second arms (This engagement ensures the alignment of the arms).
Additional relevant prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Foshee (US 2020/0360021) and Ramsey (US 2018/0036008) disclose clips of similar construction to Thomas et al. Shorin (US 5,285,556) discloses a clip wherein 16 and 17 form portions of a column having hinge 20, and 14 forms an arcuate hinge.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE N LABRANCHE whose telephone number is (571)272-9775. 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, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771