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 .
Response to Amendment
Claims 36-40, 106, and 107 are pending in the application. Claims 1-35 and 41-105 have been canceled. Claims 106 and 107 are new. Claims 36-39 have been amended.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/20/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 37 is objected to because of the following informalities: line 3 uses the term “its.” The Examiner suggests amending the claim to avoid this terminology. 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.
Claims 37-40 are 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 37 recites the limitation "its respective chamber port" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 38-40 are all dependent on rejected claim 37, thus are also rendered indefinite.
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.
Claims 36-40, 106, and 107 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gambale et al. (US 2003/0208209 A1) (“Gambale”).
Regarding claim 36, Gambale discloses (Figures 11A-11D, 19-21, 24-27) an apparatus, comprising: a suturing probe (500) having a first and a second suturing probe recessed external surface said first suturing probe recessed external surface (depicted in Figure 27) delimiting a first open area (see Figure 11A annotated below) and said second suturing probe recessed external surface (mirrored on the opposite side of the probe, paragraph 0137) delimiting a second open area; said first and second recessed external surfaces oppositely facing (paragraphs 0136-0137); a first and a second thread capture chamber (520), said first thread capture chamber opening into said first open area and said second thread capture chamber opening into said second open area (paragraph 0137); a first and second substrate capture chamber (504), said first substrate capture chamber having a respective first chamber port (see Figure 11A annotated below) open to said first open area, said second substrate capture chamber having a respective second chamber port open to said second open area; a pair of thread carrier passages (516, 518) opening into each of said first and second open recessed areas of said suturing probe first and second recessed external surfaces (Figures 24 and 27); and a pair of thread carriers (506) correspondingly slidably engaged in said pair of thread carrier passages, each of said pair of thread carriers correspondingly extendable from said pair of thread carrier passages within said first and second open areas defined by said first and second external recessed surfaces and outside of said substrate capture chambers into a corresponding one of said pair of thread capture chambers (Figure 24; paragraphs 0136-0137).
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Regarding claim 37, Gambale discloses said first and second substrate capture chambers each having a chamber side wall (84) extending from a chamber bottom to its respective chamber port, each sidewall correspondingly defining a transition edge (114) delimiting a substrate chamber entry in each of said first and second open recessed areas of said suturing probe recessed external surface (paragraph 0109).
Regarding claim 38, Gambale discloses a vacuum source fluidically coupled to said substrate capture chambers, said vacuum source operable to generate a reduction in chamber pressure in said substrate capture chambers sufficient to capture a first substrate and a second substrate at each of said first and second chamber ports (paragraphs 0012, 0103, 0112, 0135).
Regarding claim 39, Gambale discloses that upon capture of said first and second substrates at each of said first and second chamber ports, a first of said pair of thread carriers can pass through a portion of said first substrate disposed in said first open area delimited by said first external recessed surface and a second of said pair of thread carriers can pass through a portion of said second substrate disposed in said second open area delimited by said second external recessed surface (paragraph 0137).
Regarding claim 40, Gambale discloses a first and second thread (326) correspondingly carried by said first and second thread carriers, each of said first and second threads correspondingly captured by said pair of thread capture chambers (paragraphs 0131, 0137).
Regarding claim 106, Gambale discloses (Figure 26) said first and second substrate capture chambers together form a continuous substate capture chamber (paragraph 0137 discloses that simultaneous activation of all of the vacuum chambers to collect tissue; paragraph 0012 discloses that each suction port defines an opening to an independent vacuum chamber or a vacuum chamber shared commonly with another suction port); and said apparatus further comprising a common chamber sidewall (84) terminating at each of said first and second chamber ports; said sidewall defining a transition edge delimiting a substrate chamber entry into the continuous substrate capture chamber (paragraph 0109), said chamber entry at said first and second open recessed areas delimited by said suturing probe first and second recessed external surfaces (paragraphs 0106-0107).
Regarding claim 107, Gambale discloses (Figures 11A-11D) that said first chamber port provides an entry into said first substrate capture chamber at an exit of said first open area (see Figure 11A annotated below); a continuous annular transition edge (see Figure 11A annotated below) circumscribing said first substrate capture chamber and delimiting said entry and said exit, said first chamber port encompassing an open space having a reduced volume compared to an open space encompassed by an entry into said first open area (see Figure 11A annotated below).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN D KNAUSS whose telephone number is (571)272-8641. The examiner can normally be reached M-F 12:30-8:30.
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/C.D.K/Examiner, Art Unit 3771 /DIANE D YABUT/Primary Examiner, Art Unit 3771