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
This Office Action is a response to applicant’s arguments and amendment filed 06/17/2026. Claims 1-2, 4, 7 and 9-11 are amended. Claim 6 is cancelled. Claim 12 is new. Claims 1-5 and 7-12 are currently pending.
The objection to the drawings has been withdrawn, due to applicant’s submission of replacement drawings.
The objection of claims 9-11 has been withdrawn due to applicant’s amendment.
The rejection of claims 4-11 under 35 U.S.C. 112(b) has been withdrawn due to applicant’s amendment.
The rejection of claim 6 under 35 U.S.C. 112(d) has been withdrawn due to applicant’s amendment.
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/17/2026, with respect to the rejection(s) of claim(s) 1-10 under 35 U.S.C. 102(a)(1) as being anticipated by Widenhouse; claims 3-4 and 9-11 under 35 U.S.C. 103 as being unpatentable over Widenhouse in view of Stearns, have been fully considered but are not persuasive.
Applicant argues the port 55 of Widenhouse does not teach the claimed transverse spacer slot or the port allowing fluid to pass through the device, because Widenhouse discloses port 55 as an inlet for fluid as opposed to a transverse spacer slot arranged to drain collected fluid out of a reservoir (Remarks, pgs. 7-8).
In response to applicant’s argument, it is respectfully submitted the arguments are narrower than the claim limitations. The spacer slot allowing fluid to pass out of the reservoir is claimed functionally, and an apparatus claim covers what a device is, not what it does (see MPEP 2114(II)). Therefore, the spacer slot as claimed only needs to be capable of allowing fluid to pass out of the reservoir, such that a port functioning as an inlet for fluid is considered to be capable of also allowing the fluid to exit. Further, as evidenced by Lunn (US 2008/0294123 A1), an inflow tube/port can also function as an outflow tube (para. [0020]). Accordingly, the claims remain rejected.
Applicant’s arguments with respect to claim 12 have been fully considered, and new claim 12 is rejected as discussed below.
Claim Objections
Claims 4 and 7 are objected to because of the following informalities:
In claim 4, lines 2-3, the phrase “and one or more channels extending between” should read “and one or more channels extend between”.
In claim 7, line 3, the phrase “the cannula” should read “a cannula”.
Appropriate correction is required.
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)(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.
Claim(s) 1-5, 7-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Widenhouse (US 2010/0113882 A1) (all references previously of record).
Regarding claim 1, Widenhouse discloses (see abstract; paras. [0021]-[0030]; figs. 1-17) a cannula seal assembly (fig. 9), comprising:
a housing (20, para. [0021]) having a primary seal (56b, para. [0025]) and a secondary seal (56a) therein;
a spacer (58, para. [0025]) connected between the primary seal and the secondary seal to maintain a space between the seals (fig. 9);
a reservoir (57) in the space between the primary seal and the secondary seal (fig. 9) to collect fluid bypassing the primary seal (para. [0026]) when the primary seal is disturbed by a surgical instrument (considered to prevent fluid from escaping, para. [0023]); and
one or more transverse spacer slots (55, para. [0026]; fig. 9) extending through the spacer and into the reservoir (fig. 9) to allow fluid to pass out of the reservoir (considered to allow fluid to pass through device via port 55).
Regarding claim 2, Widenhouse discloses the assembly of claim 1. Widenhouse further discloses wherein the spacer comprises a first circular disk with a central aperture extending therethrough (spacer is in the shape of a ring, considered to include central aperture in which fluid is located, fig. 2 and annotated fig. 9).
Regarding claim 3, Widenhouse discloses the assembly of claim 1. Widenhouse further discloses further comprising a chamber (chamber in which spacer 58 sits within, fig. 9) extending between the secondary seal and the housing (extends between seal 56a and housing including retaining ring 22, fig. 9).
Regarding claim 4, Widenhouse discloses the assembly of claim 3. Widenhouse further discloses wherein the chamber extends around the primary and secondary seals (chamber in which spacer 58 sits within, depicted as extending around membranes 56a and 56b, fig. 9) and one or more channels (threading of port 55, fig. 9) extending between an inner wall and the housing (extends from inner wall of spacer 58 outwards to outer wall of housing, fig. 9).
Regarding claim 5, Widenhouse discloses the assembly of claim 4. Widenhouse further discloses further comprising a cannula (14) extending from the housing (figs. 2 and 9).
Regarding claim 7, Widenhouse discloses the assembly of claim 2. Widenhouse further discloses wherein the one or more transverse spacer slots (annotated fig. 9) and one or more transverse exterior slots (see annotated fig. 9, considered to be exterior to membranes 56a and 56b and slotted) are transverse to a central longitudinal axis extending through the cannula (depicted in annotated fig. 9).
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Annotated Figure 7 of Widenhouse
Regarding claim 8, Widenhouse discloses the assembly of claim 7. Widenhouse further discloses wherein the one or more transverse spacer slots and the one or more transverse exterior slots extend along an axis perpendicular to the central longitudinal axis (see annotated fig. 9 depicting a transverse axis along which each slot extends).
Regarding claim 9, Widenhouse discloses the assembly of claim 4. Widenhouse further discloses wherein the inner wall has one or more edges (edges of threading of port 55) extending therealong such that the one or more edges are between the inner wall and the housing (fig. 9), the one or more edges extending at least partially around the reservoir (formed within spacer 58 which circumferentially extends around gap 57, therefore edges formed within spacer 58 are considered to extend at least partially around gap 57, fig. 9).
Regarding claim 10, Widenhouse discloses the assembly of claim 9. Widenhouse further discloses wherein the one or more edges create the one or more channels extending at least partially around the reservoir (creates threading of port 55).
Regarding claim 12, Widenhouse discloses the assembly of claim 7. Widenhouse further discloses wherein the spacer further comprises a second circular disk (see annotated fig. 9 below, spacer 58 depicted as circular and including two thinner portions considered to be first and second disks) with one or more connectors (see annotated fig. 9, thicker portion of spacer 58 considered to be a connector) extending between the first circular disk and the second circular disk (annotated fig. 9), the one or more connectors defining the one or more transverse spacer slots therebetween (depicted in annotated fig. 9).
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Annotated Figure 9 of Widenhouse
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.
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) 3-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Widenhouse in view of Stearns (US 2009/0137943 A1).
Regarding claim 3, Widenhouse discloses the assembly of claim 1.
However, under an alternative interpretation with respect to the chamber of Widenhouse, Widenhouse fails to disclose further comprising a chamber extending between the secondary seal and the housing.
Stearns teaches (paras. [0064]-[0067]; fig. 2), in the same field of endeavor, a cannula seal assembly (fig. 2) comprising a seal (annular insert 140, para. [0067]) and a housing (115, para. [0064]), and a chamber (fluid return plenum 121, para. [0066]) extending between the seal and the housing (fig. 2, considered to extend at least longitudinally between portion of housing and annular insert 140), for the purpose of providing a fluid return conduit that allows fluid to be recirculated through the system (paras. [0066]-[0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Widenhouse to further include a fluid return chamber extending between membrane 56a and the housing connected to a fluid return conduit, in order to provide a fluid return conduit allowing fluid to be recirculated through the system, based on the teachings of Stearns (paras. [0066]-[0067]).
Regarding claim 4, Widenhouse (as modified) teaches the assembly of claim 3. Widenhouse (as modified) further teaches wherein the chamber extends around the primary and secondary seals (combination considered to further teach chamber extending around membranes 56a and 56b) and one or more channels (fluid return conduit 222 of Stearns, para. [0066] of Stearns) extending between an inner wall and the housing (considered to extend between an inner wall of the assembly and an outer wall of the housing).
Regarding claim 9, Widenhouse (as modified) teaches the assembly of claim 4. Widenhouse (as modified) further teaches wherein the inner wall has one or more edges extending therealong such that the one or more edges are between the inner wall and the housing, the one or more edges extending at least partially around the reservoir (edges of fluid return conduit 222 of Stearns, fig. 2 of Stearns).
Regarding claim 10, Widenhouse (as modified) teaches the assembly of claim 9. Widenhouse (as modified) further teaches wherein the one or more edges create the one or more channels extending at least partially around the reservoir (edges of fluid return conduit 222 create conduit 222).
Regarding claim 11, Widenhouse (as modified) teaches the assembly of claim 10. Widenhouse (as modified) further teaches wherein the one or more channels are offset from the chamber (considered to be offset at least in a perpendicular direction, see fig. 2 of Stearns) with a fluid path provided out of the chamber and into the one or more channels (paras. [0066]-[0067] of Stearns).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGID K BYRD whose telephone number is (571)272-7698. The examiner can normally be reached Mon-Fri 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571)-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIGID K BYRD/Examiner, Art Unit 3771
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