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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted before the mailing date of the instant action are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 77, 92, and 93 are objected to because of the following informalities:
On line 2 of claim 77, “configured convert” should “configured to convert”.
See same issue on line 4 of claim 92.
See same issue on line 2 of claim 93.
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.
Claim 78 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.
In regard to claim 78, there is no antecedent basis for “the bladder layer” and it is unclear if this limitation is intended to be recited as part of the recited apparatus. The bladder layer is interpreted as functionally recited in the instant office action.
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.
Claim(s) 77-93 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vargas (US 2014/0288568).
In regard to claim 77, Vargas discloses a rigidizing apparatus (see Figs. 12A-12G), the device comprising: an elongate rigidizing body (2, 3) configured convert between a flexible configuration into a more rigid configuration by applying pressure (see par. [0032] and [0062]); and an axial accommodator (94) comprising: a body (103) coupled to a first portion of a proximal end of the elongate rigidizing body; a shuttle (93) coupled to a second portion of the proximal end of the elongate rigidizing body, wherein the shuttle is configured to move axially relative to the body to release strain resulting from rigidizing the apparatus (see par. [0060]-[0065]); and a return bias (102) driving the shuttle (see par. [0063]).
In regard to claim 78, Vargas discloses wherein the axial accommodator further comprises a pressure inlet (104 defines an opening) in fluid communication at least the bladder layer (see 112 rejection; bladder layer is functionally recited).
In regard to claim 79, Vargas discloses wherein the axial accommodator (94) further comprising a collet (2) configured to slidably engage with the shuttle (93) (in this interpretation element 1 can serve as the rigidizing body).
In regard to claim 80, Vargas discloses wherein the axial accommodator further comprising one or more sealing members (154) between the shuttle and the collet.
In regard to claim 81, Vargas discloses wherein the axial accommodator (94) further comprises an expansion chamber (inner space of 94) within the body configured to receive the shuttle (see Figs. 12A-12G).
In regard to claim 82, Vargas discloses wherein the axial accommodator (94) further comprises one or more rails (91, 92) within the body to prevent rotational movement of the shuttle.
In regard to claim 83, Vargas discloses wherein the axial accommodator (94) further comprising a central lumen (inner space of 94) extending through the axial accommodator in fluid communication with a lumen of the elongate rigidizing body.
In regard to claim 84, Vargas discloses wherein the shuttle (93) is coupled to a torsional stiffening member (40 and or 106) of the elongate rigidizing body.
In regard to claim 85, Vargas discloses wherein the torsional stiffening member comprises a torsional stiffening layer (40 is a wire which can be considered a layer; 106 is a spring layer).
In regard to claim 86, Vargas discloses wherein the elongate rigidizing body is configured to rigidize by applying positive pressure (see col. 14, lines 33-35).
In regard to claim 87, Vargas discloses wherein the elongate rigidizing body is configured to rigidize by applying negative pressure (see col. 14, lines 33-35).
In regard to claim 88, Vargas discloses wherein the elongate rigidizing body comprises a plurality of tubular layers including an outer layer (152), a variable stiffness layer (102) comprising a plurality of strand lengths that cross each other (102 is a spring), and a bladder layer (space between 151 and 152).
In regard to claim 89, Vargas discloses wherein the first portion of the elongate rigidizing body comprises an outer layer (see Figs. 12A-12G; the elongate body has an outer layer).
In regard to claim 90, Vargas discloses wherein the axial accommodator is permanently attached to the proximal end of the elongate rigidizing body (94 can be left permanently attached to the elongate body).
In regard to claim 91, Vargas discloses wherein the axial accommodator is removably coupled to the proximal end of the elongate rigidizing body (see par. [0035]; the rigid cannula is removed while the flexible core is removed).
In regard to claim 92, please see the rejection of claim 77. Vargas discloses wherein the elongate rigidizing body comprises a plurality of tubular layers including an outer layer (152), a variable stiffness layer (102) comprising a plurality of strand lengths that cross each other (102 is a spring), and a bladder layer (space between 151 and 152).
In regard to claim 93, please see the rejection of claim 77. Vargas further discloses a torsional stiffening member (40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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