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
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)(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.
Claim(s) 1-5 and 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sampath et al. U.S. Publication 2020/0030099 A1.
Regarding Claim 1, Sampath et al. discloses a lucent burr hole plug 1A-1C, 2A-3, comprising: a support frame 4 includes a central frame assembly defining a central opening, the central frame assembly includes an upper surface 4A and a lower surface 4B (paragraphs [0034], [0040], [0042]), the upper and lower surfaces are connected by an interior side wall and an exterior side wall, and a plurality of coupling arms 9 radially extending outwardly from the exterior side wall (as seen in Figure 4A-4B); and a lucent disk 7 (applicant discloses in the specification paragraph 0049, the lucent disc is made from polymethyl methacrylate (PMMA)) mounted upon the support frame (paragraph [0044]), wherein the central opening is shaped and dimensioned for positioning of the lucent disk 7 thereon in alignment with the central opening (as seen in Figures 4A-6A).
Regarding Claim 2, Sampath et al. discloses wherein the support frame 4 is a titanium support frame (paragraphs [0039], [0043]).
Regarding Claim 3, Sampath et al. discloses wherein each of the plurality of coupling arms includes a first end coupled to the central frame assembly and a second end positioned beyond a circumference define by the central frame assembly (as seen in Figures 4A-4B and 5A-5C and paragraph [0036]).
Regarding Claim 4, Sampath et al. discloses wherein the second end of each of the plurality of coupling arms includes at least one aperture (e.g. screw holes, see paragraph [0036] and as seen in Figures 4A-5C).
Regarding Claim 5, Sampath et al. discloses wherein the lucent disk 7 is optically transparent (applicant discloses in the specification paragraph 0049, Sampath discloses the lucent disc 7 is made from polymethyl methacrylate (PMMA), see Sampath paragraph [0044]).
Regarding Claim 10, Sampath et al. discloses wherein the lucent disk 7 includes an upper surface 4A, a lower surface 4B, and a sidewall extending between the upper surface and the lower surface, the lower surface of the lucent disk is formed with an outer perimeter that conforms with the upper surface of the central frame assembly and a central portion that conforms with the central opening defined by the central frame assembly (as seen in Figures 3 and 6A and paragraph [0042]).
Regarding Claim 11, Sampath et al. discloses wherein the central portion of the lucent disk 7 extends downwardly slightly more than the outer perimeter such that the central portion of the lucent disk sits within the space defined by the central opening of the circular central frame assembly such that at least a portion of the lower surface of the of lucent disk connecting the outer perimeter to the central portion of the lucent disk faces interior side wall of the circular central frame assembly (as seen in Figures 3 and 6A and paragraph [0042]).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sampath et al. U.S. Publication 2020/0030099 A1 in view of Gordon et al. U.S. Publication 2018/0325672 A1.
Regarding Claim 6, 7, 8, 9, Sampath et al. discloses wherein the lucent disk is translucent (applicant discloses in the specification paragraph 0049, Sampath discloses the lucent disc 7 is made from polymethyl methacrylate (PMMA), see Sampath paragraph [0044]). However, Sampath does not expressly disclose wherein the lucent disk is optically transparent, optically translucent to all light waves, is sonolucent, and is radiolucent. Gordon et al. teaches a burr hole plug implant (paragraphs [0005-0007] and [0013]) formed from PMMA to create a cranioplasty implant that is translucent, sonolucent, radiolucent (paragraphs [0014-0015] and [0053]) to allow real-time transmission of light and waves such as ultrasonic waves without producing echoes to allow the imaging of the brain (paragraph [0053-0054]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sampath’s lucent disk to be optically transparent, translucent to all light waves and is sonolucent and radiolucent as taught by Gordon et al. for the purpose of allowing real-time transmission of light and waves such as ultrasonic waves without producing echoes to allow imaging of the brain.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEEMA MATHEW whose telephone number is (571) 270-1452. The examiner can normally be reached on Monday-Friday 9 am – 5 pm.
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/SEEMA MATHEW/
Primary Examiner, Art Unit 3774
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