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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 10 limitation “an attaching means to attach the pads to the spreader assembly” and claim 17 limitation “attaching means” has been interpreted under 35 U.S.C. 112(f), because it uses a non-structural term “means” coupled with functional language “to attach the pads to the spreader assembly” without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier. Prefix “attaching” does not impart any particular structure and is a further recitation of the functionality of the ‘means’.
Since this claim limitation invokes 35 U.S.C. 112(f), claim 10 and 17-20 are interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitation: clasps, clips, snaps, hooks [0035]
If applicant wishes to provide further explanation or dispute the examiner' s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112(f), applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
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.
Claim(s) 1, 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodson (US Publication No. 2014/0073857 A1) in view of Li et al. (CN 114224407 A).
Regarding Claim 1, Dodson discloses a separation device fully capable of separating the buttocks comprising: a spreader assembly (A, Fig. 1), including: two arms (10, 12); an arm connector (14) connecting the arms to each other[0027]; finger loops (16, 18) located on the two arms; and two cups (plates 50), each cup attached to an end of each arm (Fig. 7) [0027, 0031].
Dodson discloses that the variety of modular components of the retractor could be sized and configured to use in many different types of surgical procedures [0035], and that the plate (50) can vary widely in its shape and configuration in order to suit a particular surgical need or procedure [0031]. However, Dodson does not show a particular configuration where the plate (50) has a shape mimicking an anatomical curve of a buttocks.
Li discloses a retractor in the same field of endeavor wherein the plates (1, Fig. 1) which engage the patient have a shape mimicking an anatomical curve of a buttocks in order to be suitable to retract the buttocks for the particular anal surgical procedure (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the shape of the plates (cups) of Dodson to be curved to mimic a buttocks as taught by Li in order for the retractor to be better suitable for use in an anal procedure involving retracting the buttocks.
Regarding Claim 3, Dodson a configuration of the attachment of the cups to the arms which allows the cups to freely rotate on the spreader assembly (configuration shown in Fig. 9-10 of keyhole aperture allows the cup to spin/rotate about the post when in the larger section of the keyhole aperture) [0033, Dodson].
Regarding Claim 4, the arms (10, 12) of the spreader assembly are adjustable to a variety of distances between the cups (50) [0030, Dodson].
Regarding Claim 5, wherein the cups (50) are detachable from the spreader assembly [0031, Dodson].
Regarding Claim 6, the cups are interchangeable varying sizes [0031, Dodson].
Regarding Claim 7, the spreader assembly is configured to receive various sized cups [0031, Dodson].
Regarding Claim 8, the spreader assembly includes a locking mechanism (20, 21, 22) [0027, Dodson].
Regarding Claim 9, the locking mechanism (20, 21, 22) is a ratcheting system [0027, Dodson].
Regarding Claim 10, further comprising an attaching means (posts 30 which the pads hook onto, see [0030, Dodson] or keyhole posts 32 disclosed in [0033, Dodson]) to attach the pads (50) to the spreader assembly.
Regarding Claim 17, Dodson discloses a method of manufacturing a separation device comprising: forming a spreader assembly (spreader assembly A or B shown fabricated in Fig. 1-10, Dodson), wherein forming the spreader assembly includes: providing two arms (10, 12 shown provided in Fig. 7, Dodson); and connecting the arms to each other via an arm connector (14) [0027, Dodson]; and forming an attaching means on each of the two arms (Fig. 7 shows hooking posts 30 and Fig. 9 shows hooking posts 32 formed on the arms 10 and 12); and attaching pads (50) on the attaching means (30/32) [0030, 0033, Dodson].
Dodson discloses that the variety of modular components of the retractor could be sized and configured to use in many different types of surgical procedures [0035], and that the attaching pads (50) can vary widely in its shape and configuration in order to suit a particular surgical need or procedure [0031]. However, Dodson does not show a particular configuration where the attaching pads (50) have a shape mimicking an anatomical curve of a buttocks.
Li discloses a retractor in the same field of endeavor wherein the plates (1, Fig. 1) which engage the patient have a shape mimicking an anatomical curve of a buttocks in order to be suitable to retract the buttocks for the particular anal surgical procedure (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the shape of the plates (attaching pads) of Dodson to be curved to mimic a buttocks as taught by Li in order for the retractor to be better suitable for use in an anal procedure involving retracting the buttocks.
Regarding Claim 18, further comprising: forming handles (16, 18) on the two arms (10, 12) (shown formed in Fig. 1) [0027, Dodson].
Regarding Claim 19, the handles (16, 18) are finger loops [0027, Dodson].
Regarding Claim 20, further comprising: forming a locking mechanism (20, 21, 22) on the spreader assembly (shown formed in Fig. 1, Dodson) [0027, Dodson].
Regarding Claim 11, Dodson discloses a method of using a separation device comprising: placing two pads (50) on a patient and operating a spreader assembly to separate the pads to retract tissue to desired locations [0030].
Dodson discloses that the variety of modular components of the retractor could be sized and configured to use in many different types of surgical procedures [0035], and that the attaching pads (50) can vary widely in its shape and configuration in order to suit a particular surgical need or procedure [0031]. However, Dodson does not show a particular configuration where the attaching pads (50) have a shape mimicking an anatomical curve of a buttocks and the tissue being retracted are the buttocks of the patient.
Li discloses a retractor in the same field of endeavor wherein the plates (1, Fig. 1) which engage the patient have a shape mimicking an anatomical curve of a buttocks in order to be suitable to retract the buttocks for the particular anal surgical procedure (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the shape of the plates (attaching pads) of Dodson to be curved to mimic a buttocks as taught by Li in order for the retractor to be better suitable for use in an anal procedure involving retracting the buttocks and it would have been obvious to one to use the resultant configuration to retract the buttocks of the patient since Dodson discloses use of the retractor device in surgical procedures.
Regarding Claim 12, the method of Dodson as modified by Li includes operating the spreader assembly includes: moving two arms of the spreader assembly (10, 12, Dodson) [0030, Dodson] attached to the two pads (as modified by Li) to separate the buttocks (procedure taught by Li).
Regarding Claim 13, Dodson discloses that two arms (10, 12) which pivot away from each other can be moved in position though the use of finger loops (16, 18) and a pivot pin (14) about which the arms can rotate open and closed [0027, 0030, Dodson].
Regarding Claim 14, Dodson discloses that the cups which engage with the tissue to separate the tissues are modular and the design allows for the addition or removal of the cups during the surgical procedure. The removal of the cups allows for other cups with different sizes and shapes to be used to better facilitate retraction in a given surgical procedure [0035, Dodson].
Regarding Claim 15-16, further comprising locking the spreader assembly in a fixed position with a locking mechanism which is a ratcheting system (ratchet 21, 22, [0027, Dodson]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dodson (US Publication No. 2014/0073857 A1) in view of Li et al. (CN 114224407 A).
in further view of Bertolero et al. (US Publication No. 2005/0267336 A1)
Dodson in view of Li discloses the separation device of claim 1 as described above. Dodson discloses the modular components and other parts of the retractor assembly can be fabricated of any surgical grade material suitable for use in conventional retractor assemblies [0035] but does not list any specific material examples for the cups (plates 50 or Hochman retractors 40).
Bertolero discloses a tissue retractor in the same field of endeavor, wherein the tissue-contacting elements are made of stainless steel, plastic such as polyvinyl chloride (PVC), polyethylene, polyesters of various sorts, polycarbonate, teflon coated metal and the like. In addition to, or as an alternative to, the irregular surface of the outside face of the blade, the outside face may be padded or resilient to a certain extent to minimize the trauma to the surrounding tissue as it is spread open [0080, Bertolero].
It would have been obvious to one having ordinary skill in the art before the effective filing date to make the cups of Dodson in view of Li from metal or elastomers as taught by Bertolero since this shown in the art to be a suitable material for tissue retractor cups.
Response to Arguments
Applicant’s arguments with respect to all claims have been considered but are moot in view of the new ground of rejection necessitated by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE T JOHANAS whose telephone number is (571)270-5085. The examiner can normally be reached Mon. - Fri. 9:00-5:00.
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/JACQUELINE T JOHANAS/ Primary Patent Examiner, Art Unit 3773