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 and 38-40 are pending in the application. Claims 1-35, 37, and 41-107 have been canceled. Claims 36 and 38 have been amended.
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 and 38-40 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, wherein said first chamber port defines a transition edge (see Figure 11A annotated below) circumscribing said first substrate capture chamber and delimiting an entry into said first substrate capture chamber at an exit of said first open area, said first chamber port encompassing an open space having a reduced volume (the open space is shown between the annotated open area in Figure 11A below and the annotated substrate capture chamber in Figure 11A below) compared to an open space encompassed by said entry (diagonally hashed section in Figure 11A below) into said first open area (see Figure 11A annotated below); 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 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).
Response to Arguments
Applicant’s arguments with respect to claims 36 and 38-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new interpretation of the Gambale reference has been presented in view of the change in claim scope.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.D.K/Examiner, Art Unit 3771
/DIANE D YABUT/Primary Examiner, Art Unit 3771
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