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 .
Specification
The disclosure is objected to because of the following informalities:
Please correct the chain of continuity to update that the case 16983349 is now a U.S. Patent No. 2083329 B2 issued on Sep. 10, 2024.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoey et al. (US 20180168712 A1) (“Hoey”) in view of Sato (US 20160302824 A1).
Re Claim 1, Hoey discloses a medical device, (Figs. 1-11) comprising: a needle (105, ¶0094); and a handle (111, 124, Fig. 4, ¶0082) including: a body defining a slot ( top slot near 120); a stopping component (235, ¶0088), a first actuator (208b, 218) and a second actuator (210) fixedly coupled to the needle (¶0087) and configured to move the needle distally relative to the body of the handle and relative to the stopping component (¶0087), but it fails to disclose that stopping component fixedly coupled to a first actuator, wherein the first actuator extends along the slot, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein, in a first position of the first actuator, the needle has a first maximum penetration depth and wherein, in a second position of the first actuator, the needle has a second maximum penetration depth.
However, Sato discloses a needle system (Figs. 1-7), and wherein the system comprises a shaft (20), a needle (10), a handle (31) with a slot (35), and wherein the a stopping component (32, 33,¶0031 ) and wherein the first actuator (40) is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle (¶0029); wherein, in a first position of the first actuator, the needle has a first maximum penetration depth and wherein, in a second position of the first actuator, the needle has a second maximum penetration depth (¶0031, wherein the stop component can be adjusted alongside 35 to against a first maximum depth and a second maximum depth).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stopping component of Hoey so that stopping component fixedly coupled to a first actuator, wherein the first actuator extends along the slot, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein, in a first position of the first actuator, the needle has a first maximum penetration depth and wherein, in a second position of the first actuator, the needle has a second maximum penetration depth as taught by Sato for the purpose of selectively adjusting the maximum protrusion of the needle and preventing the needle to be extended more than the determined extended length (Sato, ¶0061,¶0031, Wherein the stop component of Hoey is replaced with the one of Sato and can be placed to be adjusted in the slot of Hoey).
Re Claim 2, Hoey discloses wherein the body of the handle includes a first portion (124) and a second portion (132, 120), wherein the second portion is angled with respect to the first portion (Fig. 4), and wherein the second portion defines the slot (Fig. 4).
Re Claim 3, Hoey discloses further comprising a shaft coupled to a distal end of the second portion (144, 112), wherein the needle extends at least partially through the shaft and at least partially through the second portion (Fig. 4-5).
Re Claim 4, Hoey discloses wherein the second actuator is configured to be moved distally upon depression of a trigger of the handle (220 trigger will release the 210, ¶0087).
Re Claim 5, the modified Hoey discloses wherein the stopping component is inside of the body of the handle (Sato at least a portion of 33 will be inside 35).
Re Claim 6, Hoey discloses wherein the second actuator is inside of the body of the handle (Fig. 4 of Hoey).
Re Claim 7, Hoey discloses wherein contact between the second actuator and the stopping component ceases distal movement of the needle (Sato left side of 40 will be stopped by 32, ¶0031).
Re Claim 8, Hoey discloses wherein proximal movement of the first actuator is configured to move the second actuator proximally (Hoey, movement of 208n, 218 to the right is capable to make 210 move to the right).
Re Claim 9, Hoey discloses wherein proximal movement of the first actuator is configured to compress a spring fixed to a proximal side of the second actuator (215, ¶0087).
Re Claim 10, Hoey discloses wherein the second actuator includes a latch configured to selectively retain the second actuator in a retracted configuration (latch 208a,.¶0087) .
Re Claim 11, Hoey discloses wherein, in the retracted configuration of the second actuator, the first actuator is movable distally without causing corresponding movement of the second actuator (¶0087-¶0088).
Re Claim 12, the modified Hoey discloses wherein friction between the body of the handle and the first actuator retains the first actuator in the first position or the second position (Sato, ¶0061,¶0031 and wherein the a friction will be created as 33 will firmly grasped on 31).
Re Claim 13, Hoey discloses a medical device (Figs. 1-11, comprising: a needle (105, ¶0094); and a handle (111, 124, Fig. 4, ¶0082) including: a body defining a slot (top slot near 120); a stopping component (235, ¶0088); a first actuator fixedly (208b, 218); and a second actuator (210) within the body of the handle (Fig. 5), wherein the second actuator is configured to move the needle distally relative to the body of the handle and relative to the stopping component (¶0087), but it fails the stopping component disposed within the body of the handle; a first actuator fixedly coupled to the stopping component, wherein the first actuator extends along the slot such that a portion of the first actuator is external to the body of the handle, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein a position of the stopping component establishes a maximum penetration depth for the needle.
However, Sato discloses a needle system (Figs. 1-7), and wherein the system comprises a shaft (20), a needle (10), a handle (31) with a slot (35), and wherein the a stopping component disposed within the body of the handle (32, 33,¶0031 ) and wherein the first actuator extends along the slot (33 moves within 35) such that a portion of the first actuator is external to the body of the handle (top head 33). wherein the first actuator (40) is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle (¶0029); wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein a position of the stopping component establishes a maximum penetration depth for the needle (¶0031, wherein the stop component can be adjusted alongside 35 to against a first maximum depth and a second maximum depth).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stopping component of Hoey so that the stopping component disposed within the body of the handle; a first actuator fixedly coupled to the stopping component, wherein the first actuator extends along the slot such that a portion of the first actuator is external to the body of the handle, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein a position of the stopping component establishes a maximum penetration depth for the needle as taught by Sato for the purpose of selectively adjusting the maximum protrusion of the needle and preventing the needle to be extended more than the determined extended length (Sato, ¶0061,¶0031, Wherein the stop component of Hoey is replaced with the one of Sato and can be placed to be adjusted in the slot of Hoey).
Re Claim 14, Hoey discloses wherein the second actuator is configured to be moved distally upon depression of a trigger of the handle (220 trigger will release the 210, ¶0087).
Re Claim 15, Hoey discloses wherein proximal movement of the first actuator is configured to move the second actuator proximally (Hoey, movement of 208n, 218 to the right is capable to make 210 move to the right).
Re Claim 16, Hoey discloses wherein proximal movement of the first actuator is configured to compress a spring fixed to a proximal side of the second actuator (215, ¶0087).
Re Claim 17, Hoey discloses a medical device (Figs. 1-11), comprising: a needle (105, ¶0094); and a handle (111, 124, Fig. 4, ¶0082) including: a body having a first portion (lower portion 124) and a second portion ( top portion that has slot), wherein the second portion is angled with respect to the first portion (Fig. 5), wherein the second portion defines a slot ( top slot Fig. 4-5); a stopping component (235, ¶0088); a first actuator (208b, 218); and a second actuator (210) fixed to the needle (¶0087), wherein the second actuator is configured to move the needle distally relative to the body of the handle and relative to the stopping component (¶0087), but it fails to disclose that the first actuator fixedly coupled to the stopping component, wherein the first actuator extends through the slot, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein, during deployment of the needle, the second actuator moves distally until the second actuator contacts the stopping component.
However, Sato discloses a needle system (Figs. 1-7), and wherein the system comprises a shaft (20), a needle (10), a handle (31) with a slot (35), and wherein the a stopping component disposed within the body of the handle (32,¶0031 ) and wherein the first actuator (33) fixedly coupled to the stopping component (33) such that a portion of the first actuator is external to the body of the handle (top head 33). wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle (¶0087); wherein, during deployment of the needle, the second actuator (40) moves distally until the second actuator contacts the stopping component (33).
However, Sato d (¶0031, wherein the stop component can be adjusted alongside 35 to against a first maximum depth and a second maximum depth).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stopping component of Hoey so that the first actuator fixedly coupled to the stopping component, wherein the first actuator extends through the slot, wherein the first actuator is configured to be contacted by a user and translated proximally or distally along the slot to move the stopping component proximally or distally relative to the body of the handle; wherein, during deployment of the needle, the second actuator moves distally until the second actuator contacts the stopping component as taught by Sato for the purpose of selectively adjusting the maximum protrusion of the needle and preventing the needle to be extended more than the determined extended length (Sato, ¶0061,¶0031, Wherein the stop component of Hoey is replaced with the one of Sato and can be placed to be adjusted in the slot of Hoey).
Re Claim 18, Hoey discloses wherein a trigger (220) is disposed on the first portion of the handle, wherein the trigger is configured to deploy the needle (¶0087-¶0088).
Re Claim 19, Hoey discloses wherein the stopping component and the second actuator are inside of the body of the handle (Fig. 5).
Re Claim 20, Hoey discloses wherein proximal movement of the first actuator is configured to move the second actuator proximally (Hoey, movement of 208n, 218 to the right is capable to make 210 move to the right).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
