DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 1 is objected to because line 5 recites the contracted configuration, applicant might have intended to recite the collapsed configuration. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Application 11,712,292.
Recitations from this instant application, #18/778,865
Recitations from
U.S. Patent No. 11,712,292
Claim 1 recites:
A method of seating an intrauterine ablation device within a uterus, the ablation device having an applicator head and a distal bumper, the applicator head having a collapsed configuration, and an expanded configuration, the method comprising:
transcervically
introducing the ablation device in the collapsed configuration into the uterus with the applicator head in the contracted configuration;
advancing the ablation device within the uterus until the distal bumper contacts a fundal wall of the uterus;
expanding the applicator head into the expanded configuration while maintaining contact between the distal bumper and the fundal wall; and
further advancing the ablation device until the expanded applicator head contacts the fundal wall.
Claim 1 recites:
A method of positioning an intrauterine ablation device in a uterus, comprising:
transcervically
inserting a distal end portion of the intrauterine ablation device into the uterus, the distal end portion of the intrauterine ablation device comprising a first flexure distal free end, a second flexure distal free end, and a distal bumper disposed laterally therebetween, wherein a distal facing end of the distal bumper is distal to the first and second flexure distal free ends;
advancing the distal end portion of the intrauterine ablation device within the uterus until the distal bumper contacts a fundal wall of the uterus; and
while the distal bumper is contacting the fundal wall,
manipulating the distal end portion of the intrauterine ablation device so that the respective first and second flexure distal free ends move laterally away from one another in opposite directions without engaging the fundal wall.
Regarding claim 2, see claim 6 in U.S. Patent No. 11,712,292.
Regarding claim 3, see claim 7 in U.S. Patent No. 11,712,292.
Regarding claim 4, see claim 1 in U.S. Patent No. 11,712,292.
Regarding claim 5, see claim 2 in U.S. Patent No. 11,712,292.
Regarding claim 6, see claim 3 in U.S. Patent No. 11,712,292.
Regarding claim 7, see claim 4 in U.S. Patent No. 11,712,292.
Regarding claim 8, see claim 5 in U.S. Patent No. 11,712,292.
Regarding claim 9, see claim 8 in U.S. Patent No. 11,712,292.
Regarding claim 10, see claim 9 in U.S. Patent No. 11,712,292.
Regarding claim 11, see claim 10 in U.S. Patent No. 11,712,292.
Claims 12-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Application 11,712,292.
Recitations from this instant application, #18/778,865
Recitations from
U.S. Patent No. 11,712,292
Claim 12 recites:
A method of positioning an intrauterine ablation device in a uterus, comprising:
transcervically
inserting a distal end portion of the intrauterine ablation device into the uterus, the distal end portion of the intrauterine ablation device comprising a first flexure having a first flexure distal free end, and a second flexure having a second flexure distal free end;
advancing the distal end portion of the intrauterine ablation device within the uterus until the distal end portion contacts a fundal wall of the uterus; and
while the distal end portion is contacting the fundal wall,
manipulating the distal end portion of the intrauterine ablation device so that the respective first and second flexure distal free ends move laterally away from one another in opposite directions without engaging the fundal wall.
Claim 1 recites:
A method of positioning an intrauterine ablation device in a uterus, comprising:
transcervically
inserting a distal end portion of the intrauterine ablation device into the uterus, the distal end portion of the intrauterine ablation device comprising a first flexure distal free end, a second flexure distal free end, and a distal bumper disposed laterally therebetween, wherein a distal facing end of the distal bumper is distal to the first and second flexure distal free ends;
advancing the distal end portion of the intrauterine ablation device within the uterus until the distal bumper contacts a fundal wall of the uterus; and
while the distal bumper is contacting the fundal wall,
manipulating the distal end portion of the intrauterine ablation device so that the respective first and second flexure distal free ends move laterally away from one another in opposite directions without engaging the fundal wall.
Regarding claim 13, see claim 2 in U.S. Patent No. 11,712,292.
Regarding claim 14, see claim 1 in U.S. Patent No. 11,712,292.
Regarding claim 15, see claim 1 in U.S. Patent No. 11,712,292.
Regarding claim 16, see claim 3 in U.S. Patent No. 11,712,292.
Regarding claim 17, see claim 4 in U.S. Patent No. 11,712,292.
Regarding claim 18, see claim 5 in U.S. Patent No. 11,712,292.
Regarding claim 19, see claim 8 in U.S. Patent No. 11,712,292.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786