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 .
Election/Restrictions
Claims 32-33 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/12/2026.
Applicant’s election without traverse of invention I, drawn to a medical system in the reply filed on 05/12/2026 is acknowledged.
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) 1-2, 16-18, 20-22, 24, and 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eby et al (US 20190275340 A1), herein referenced to as “Eby”.
Claim 1
Eby discloses: A medical system 100 (see Fig. 1D, [0113]), comprising: a driver 406 (see Figs. 4A-4B, [0188]) including a driver body 406 (see Figs. 4A-4B, [0188]) and a torque coupler 418 + 3000 (see Figs. 4a-4B and Fig. 30, [0188], 3000 is the chosen embodiment of the docking cap, operating in the manner disclosed in [0149] to be used in Figs. 4A-9C) configured to receive a torque (see [0121], 418 has the torque slot, coupled to torque shaft 431 to apply torque) from the driver body 406, wherein the driver body 406 defines a lumen the lumen of 406 (see Figs. 4A-4C) which opens to a coupler volume 430 + 3050 (see Figs. 4A-4C and 30, [0121] and [0223]) defined by the torque coupler 418 + 3000, wherein the torque coupler 3000 defines a coupler axis the longitudinal axis extending through 3000 (see Fig. 30) extending through the coupler volume 3050 and a plurality of protrusions 3055a/b/c (see Fig. 30, [0244]) extending toward the coupler axis the longitudinal axis extending through 3000, wherein the coupler volume 3050 is configured to receive a retrieval structure 610 (see Figs. 6-9C, [0133] and [0224], retrieval feature which is the selected embodiment of the retrieval structure of the IMD) of an implantable medical device 600 (see Figs. 6-9C, [0133]) when the coupler axis the axis of 3000/902 (see Fig. 9A) defines an oblique angle with an IMD axis 904 (see Fig. 9A, [0150]) of the implantable medical device 600, and wherein the torque coupler is configured to exert a distally-directed force on the retrieval structure when the coupler volume receives the retrieval structure; and a snare 503 (see Figs. 4A-9A, [0122]) configured to translate within the lumen the lumen of 406 (see Figs. 4A-4C, [0123], the snare can extend out of the lumen of the docking cap), wherein the snare is configured to exert a proximally-directed force on the implantable medical device when the snare translates within the lumen, wherein the snare and the torque coupler are configured to generate an engagement force from the torque coupler to the retrieval structure when at least one of the snare exerts the proximally-directed force or the torque coupler exerts the distally-directed force, wherein the plurality of protrusions 3055a/b/c are configured to transfer the torque (see [0224], facilitating torque transfer) from the torque coupler 3000 to the retrieval structure 610 when: the coupler volume 3050 receives the retrieval structure 610 (see [0224], transferred when the retrieval feature is docked), the coupler axis defines the oblique angle with the IMD axis (see Fig. 9A, the two axes 902 which is the coupler axis, defines an oblique angle with 904 the IMD axis), the snare and the torque coupler generate the engagement force, and at least a first protrusion 3055a of the plurality of protrusions 3055a/b/c contacts the retrieval structure (see [0224]).
The language, " wherein the torque coupler is configured to exert a distally-directed force on the retrieval structure when the coupler volume receives the retrieval structure; wherein the snare is configured to exert a proximally-directed force on the implantable medical device when the snare translates within the lumen, wherein the snare and the torque coupler are configured to generate an engagement force from the torque coupler to the retrieval structure when at least one of the snare exerts the proximally-directed force or the torque coupler exerts the distally-directed force," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the torque coupler exerting a distally-directed force on the retrieval structure, as torque can be applied in one direction in order to distally drive the IMD or in the other direction in order to proximally withdraw the IMD. Furthermore, the snare can exert a proximally-directed force when pulled proximally by looping around the retrieval structure until taut.
Furthermore, wherein in product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See MPEP 2112.01 I.
Claim 2
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the first protrusion 3055a is configured to slidably engage the retrieval structure 610 (see [0224], the retrieval structure can be received within 3050, as long as they are misaligned with 3055 a/b/c, this receival is a sliding motion, see Figs. 5B-5C as an example) when: the coupler volume receives the retrieval structure, the torque coupler rotates relative to the retrieval structure (see [0149], self-orientation to fill the docking cap, reduced likelihood of binding or catching or slipping out of the snare), and the snare and the torque coupler generate a slipping force from the torque coupler to the retrieval structure when at least one of the snare exerts the proximally-directed force or the torque coupler exerts the distally-directed force, wherein the slipping force is insufficient to cause the plurality of protrusions to transfer the torque from the torque coupler to the retrieval structure.
The language, " the snare and the torque coupler generate a slipping force from the torque coupler to the retrieval structure when at least one of the snare exerts the proximally-directed force or the torque coupler exerts the distally-directed force, wherein the slipping force is insufficient to cause the plurality of protrusions to transfer the torque from the torque coupler to the retrieval structure," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the snare and torque coupler generating a slipping from the torque coupler to the retrieval structure, in order to complete self-orientation (see [0149]) by sliding into correct alignment while the torque coupler moves distally and the snare pulls proximally, before engagement is met and allowing for transfer of torque.
Claim 16
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the oblique angle (see Fig. 9A, the two axes 902 which is the coupler axis, defines an oblique angle with 904 the IMD axis) is greater than at least one of about 10 degrees, about 20 degrees, or about 30 degrees (see Fig. 9A, the angle between the two is greater than 90 degrees, so it is greater than 10, 20, or 30 degrees).
Claim 17
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the torque coupler 418 + 3000 is configured to reduce an angular displacement of the oblique angle when the snare and the torque coupler generate the engagement force (see [0149]-[0151], the self-orientation, causes the torque coupler/docking cap to become longitudinally aligned as the engagement occurs).
Claim 18
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the torque coupler 418 + 3000 includes a coupler surface 3053 (see Fig. 30, [0224]) defining the coupler volume 3050 and defining the plurality of protrusions 3055a/b/c, wherein the plurality of protrusions 3055a/b/c includes the first protrusion 3055a (see Fig. 30, [0224]) and a second protrusion 3055b (see Fig. 30, [0224]), and wherein the coupler surface 3053 defines a base portion the surfaces of 3053 between 3055a/b that curve upwards to 3059 (see Fig. 30, [0224]) separating the first protrusion 3055a and the second protrusion 3055b.
Claim 20
Eby discloses: The medical system of claim 18, see 102 rejection above. Eby further discloses: wherein the base portion the surfaces of 3053 between 3055a/b that curve upwards to 3059 defines a concavity (see Fig. 30, concave surfaces) with respect to the coupler axis the longitudinal axis of 3000.
Claim 21
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein at least the first protrusion 3055a defines one or more rounded corners the rounded corner up to 3059 (see Fig. 30, [0224]) configured to slidably engage the retrieval structure when the coupler volume receives the retrieval structure and the torque coupler rotates substantially about the coupler axis relative to the retrieval structure (see [0224], 3055a + 3059 engage the retrieval structure when 3050 receives it and relative rotation causes interference with the retrieval structure).
Claim 22
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the lumen the lumen of 406 (see Figs. 4A-4C) defines a lumen opening 3054 (see Fig. 30, [0223]) which opens into the coupler volume 3050, and wherein the torque coupler 3000 defines a coupler opening 3052 (see Fig. 30, [0223]-[0224]) that opens into the coupler volume 3050, and wherein at least a portion of the coupler surface 3053 radially expands outward from the coupler axis as the coupler surface 3053 extends from the lumen opening 3054 to the coupler opening 3052 (see Fig. 30, 3054 is narrower than 3052).
Claim 24
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the first protrusion 3055a defines a protrusion bearing surface 3059 (see Fig. 30, [0224]) extending radially (see Fig. 30, 3059 extends radially towards the longitudinal axis of 3050) in a direction toward the coupler axis the longitudinal axis of 3050 (see Fig. 30), wherein the first protrusion 3055a is configured to distribute a force over the protrusion bearing surface when the first protrusion contacts the retrieval structure and the plurality of protrusions transfers the torque to the retrieval structure.
The language, "is configured to distribute a force over the protrusion bearing surface when the first protrusion contacts the retrieval structure and the plurality of protrusions transfers the torque to the retrieval structure," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the 3059 to distribute force through the concave surfaces that that lead up to it when the protrusion contacts the retrieval structure and during torque transference.
Claim 26
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: further comprising the implantable medical device 600, wherein the retrieval structure 610 defines a plurality of petals 612 (see Figs. 7A-7C, [0135], at least two petals, hence a plurality) extending radially outward from the IMD axis the longitudinal axis of 610 (see Figs. 7A-7C), and wherein the first protrusion is configured to insert within a recess defined by a first petal of the plurality of petals and a second petal of the plurality of petals when the coupler volume receives the implantable medical device.
The language, "wherein the first protrusion is configured to insert within a recess defined by a first petal of the plurality of petals and a second petal of the plurality of petals when the coupler volume receives the implantable medical device," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the space between the petals to be occupied by the protrusion of the torque coupler in order for there to be engagement between the two for transference of torque.
Claim 27
Eby discloses: The medical system of claim 26, see 102 rejection above. Eby further discloses: wherein at least one petal 612 defines one or more rounded corners 612 + 624 + 626 (see Figs. 7A-7C, [0138]) configured to slidably engage the first protrusion when the coupler volume receives the implantable medical device and the torque coupler rotates substantially about the coupler axis relative to the retrieval structure.
The language, "configured to slidably engage the first protrusion when the coupler volume receives the implantable medical device and the torque coupler rotates substantially about the coupler axis relative to the retrieval structure," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the rounded corners of the peals to slide into contact and engagement with the protrusion of the torque coupler in order to to be occupied by the protrusion of the torque coupler in order to complete self-orientation (see [0149]).
Claim 28
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein the torque coupler is configured to exert the distally-directed force in a direction substantially opposite the proximally-directed force exerted by the snare.
The language, " wherein the torque coupler is configured to exert the distally-directed force in a direction substantially opposite the proximally-directed force exerted by the snare," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the torque coupler exerting a distally-directed force on the retrieval structure, as torque can be applied in one direction in order to distally drive the IMD or in the other direction in order to proximally withdraw the IMD. Furthermore, the snare can exert a proximally-directed force when pulled proximally by looping around the retrieval structure until taut. These forces are opposite from one another.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 19, 23, and 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eby in view of Zarembo et al (US 20070050003 A1), herein referenced to as “Zarembo”.
Claim 19
Eby discloses: The medical system of claim 18, see 102 rejection above. Eby does not explicitly disclose: wherein the first protrusion defines a convexity with respect to the coupler axis.
However, Zarembo in a similar field of invention teaches a medical system (see Figs. 2A-2C) with a driver 205 (see Figs. 2A-2C) with a coupler 206 (see Figs. 2A-2C) with a plurality of protrusions 223 + 222 (see Figs. 2A-2C) and a coupler axis the longitudinal axis of 206 (see Figs. 2A-2C). Zarembo further teaches: wherein the first protrusion one of 223 (see Fig. 2B, [0058]) defines a convexity (see Fig. 2B, [0058], convex structure) with respect to the coupler axis the longitudinal axis of 206 (see Fig. 2B, 223 is convex towards a central longitudinal axis of 206).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eby to incorporate the teachings of Zarembo and teach a medical system with the first protrusion defines a convexity with respect to the coupler axis. Motivation for such can be found in Zarembo as this can assist preventing perforation of the wall by the lead assembly by increasing the total surface of contact with the tissue wall by additionally providing resistance to distal movement into the tissue (see [0060]).
Claim 23
Eby discloses: The medical system of claim 22, see 102 rejection above. Eby does not explicitly disclose: wherein a portion of the coupler surface defining the first protrusion increasingly extends inward toward the coupler axis as the portion of the coupler surface extends in a direction from the lumen opening to the coupler opening.
However, Zarembo in a similar field of invention teaches a medical system (see Figs. 2A-2C) with a driver 205 (see Figs. 2A-2C) with a coupler 206 (see Figs. 2A-2C) with a coupler surface 216 (see Fig. 2B) defining a plurality of protrusions 223 + 222 (see Figs. 2A-2C), a coupler axis the longitudinal axis of 206 (see Figs. 2A-2C), a lumen opening the proximal opening through which 210 extends (see Fig. 2B) and a coupler opening 236 (see Fig. 2B). Zarembo further teaches: wherein a portion 223 + 222 of the coupler surface 216 defining the first protrusion 223 + 222 increasingly extends inward (see Fig. 2B, 223 extends inwardly and further inwardly at 222 from the proximal opening through which 210 extends towards 236, towards the longitudinal axis of 206) toward the coupler axis the longitudinal axis of 206 as the portion 223 + 222 of the coupler surface 216 extends in a direction from the lumen opening the proximal opening through which 210 extends to the coupler opening 236.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eby to incorporate the teachings of Zarembo and teach a medical system with a portion of the coupler surface defining the first protrusion increasingly extends inward toward the coupler axis as the portion of the coupler surface extends in a direction from the lumen opening to the coupler opening. Motivation for such can be found in Zarembo as this can assist preventing perforation of the wall by the lead assembly by increasing the total surface of contact with the tissue wall by additionally providing resistance to distal movement into the tissue (see [0060]).
Claim 29
Eby discloses: A medical system 100 (see Fig. 1D, [0113]), comprising: a driver 406 (see Figs. 4A-4B, [0188]) including a driver body 406 (see Figs. 4A-4B, [0188]) and a torque coupler 418 + 3000 (see Figs. 4a-4B and Fig. 30, [0188], 3000 is the chosen embodiment of the docking cap, operating in the manner disclosed in [0149] to be used in Figs. 4A-9C) configured to receive a torque (see [0121], 418 has the torque slot, coupled to torque shaft 431 to apply torque) from the driver body 406, wherein the driver body 406 defines a lumen the lumen of 406 (see Figs. 4A-4C) which opens to a coupler volume 430 + 3050 (see Figs. 4A-4C and 30, [0121] and [0223]) defined by a coupler surface 3053 (see Fig. 30, [0224]) of the torque coupler 418 + 3000, wherein the torque coupler 3000 defines a coupler axis the longitudinal axis extending through 3000 (see Fig. 30) extending through the coupler volume 3050 and a plurality of protrusions 3055a/b/c (see Fig. 30, [0244]) extending toward the coupler axis the longitudinal axis extending through 3000, wherein the coupler volume 3050 is configured to receive a retrieval structure 610 (see Figs. 6-9C, [0133] and [0224], retrieval feature which is the selected embodiment of the retrieval structure of the IMD) of an implantable medical device 600 (see Figs. 6-9C, [0133]) when the coupler axis the axis of 3000/902 (see Fig. 9A) defines an oblique angle with an IMD axis 904 (see Fig. 9A, [0150]) of the implantable medical device 600, and wherein: the coupler surface 3053 defines a first protrusion 3055a (see Fig. 30, [0224]) extending toward the coupler axis the axis of 3000/902, a second protrusion 3055b (see Fig. 30, [0224]) extending toward the coupler axis the axis of 3000/902, and a base portion the surfaces of 3053 between 3055a/b that curve upwards to 3059 (see Fig. 30, [0224]) separating the first protrusion 3055a and the second protrusion 3055b, at least the first protrusion defines one or more rounded corners the rounded corner up to 3059 (see Fig. 30, [0224]) configured to slidably engage the retrieval structure when the coupler volume receives the retrieval structure and the torque coupler rotates substantially about the coupler axis relative to the retrieval structure (see [0224], 3055a + 3059 engage the retrieval structure when 3050 receives it and relative rotation causes interference with the retrieval structure), and the base portion the surfaces of 3053 between 3055a/b that curve upwards to 3059 defines a concavity (see Fig. 30, concave surfaces) with respect to the coupler axis the longitudinal axis of 3000; and a snare 503 (see Figs. 4A-9A, [0122]) configured to translate within the lumen the lumen of 406 (see Figs. 4A-4C, [0123], the snare can extend out of the lumen of the docking cap), wherein the snare is configured to exert a proximally-directed force on the implantable medical device when the snare translates within the lumen, and wherein the torque coupler is configured to exert a distally-directed force on the retrieval structure when the coupler volume receives the retrieval structure and the snare is configured to exert a proximally-directed force.
The language, " wherein the torque coupler is configured to exert a distally-directed force on the retrieval structure when the coupler volume receives the retrieval structure; wherein the snare is configured to exert a proximally-directed force on the implantable medical device when the snare translates within the lumen, wherein the snare and the torque coupler are configured to generate an engagement force from the torque coupler to the retrieval structure when at least one of the snare exerts the proximally-directed force or the torque coupler exerts the distally-directed force," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Eby meets the structural limitations of the claim, and is capable of the torque coupler exerting a distally-directed force on the retrieval structure, as torque can be applied in one direction in order to distally drive the IMD or in the other direction in order to proximally withdraw the IMD. Furthermore, the snare can exert a proximally-directed force when pulled proximally by looping around the retrieval structure until taut.
Eby does not explicitly disclose: at least the first protrusion defines a convexity with respect to the coupler axis.
However, Zarembo in a similar field of invention teaches a medical system (see Figs. 2A-2C) with a driver 205 (see Figs. 2A-2C) with a coupler 206 (see Figs. 2A-2C) with a plurality of protrusions 223 + 222 (see Figs. 2A-2C) and a coupler axis the longitudinal axis of 206 (see Figs. 2A-2C). Zarembo further teaches: at least the first protrusion one of 223 (see Fig. 2B, [0058]) defines a convexity (see Fig. 2B, [0058], convex structure) with respect to the coupler axis the longitudinal axis of 206 (see Fig. 2B, 223 is convex towards a central longitudinal axis of 206).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eby to incorporate the teachings of Zarembo and teach a medical system with the first protrusion defines a convexity with respect to the coupler axis. Motivation for such can be found in Zarembo as this can assist preventing perforation of the wall by the lead assembly by increasing the total surface of contact with the tissue wall by additionally providing resistance to distal movement into the tissue (see [0060]).
Claim 30
The combination of Eby and Zarembo teaches: The medical system of claim 29, see 103 rejection above. Eby further teaches: wherein at least one of the one or more rounded corners the rounded corner up to 3059 (see Fig. 30, [0224]) defines at least one of a curved profile (see Fig. 30, is curved/has an axially extending curvilinear profile) or a curvilinear profile in a plane the axial plane, parallel to the longitudinal axis of the coupler/3000 (see Fig. 30) substantially parallel to the coupler axis or in a plane substantially (will not be examined here due to being an optional claim limitation) containing the coupler axis.
Claim 31
The combination of Eby and Zarembo teaches: The medical system of claim 29, see 103 rejection above. Eby further discloses: wherein the lumen the lumen of 406 (see Figs. 4A-4C) defines a lumen opening 3054 (see Fig. 30, [0223]) which opens into the coupler volume 3050, and wherein the torque coupler 3000 defines a coupler opening 3052 (see Fig. 30, [0223]-[0224]) that opens into the coupler volume 3050, and wherein at least a portion of the coupler surface 3053 radially expands outward from the coupler axis as the coupler surface 3053 extends from the lumen opening 3054 to the coupler opening 3052 (see Fig. 30, 3054 is narrower than 3052).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eby in view of Nguyen-Dinh et al (US 20200164215 A1), herein referenced to as “Nguyen-Dinh”.
Claim 25
Eby discloses: The medical system of claim 1, see 102 rejection above. Eby further discloses: wherein a distal end the distal end of 3000 (see Fig. 30) of the torque coupler 3000 defines an end coupler perimeter the distal lip of 3000 (see Fig. 30), wherein at least a section the distal lip of 3000 of the end coupler perimeter defines a plane the plane that transversely extends through the distal lip of 3000, wherein the plane defines an angle between the plane and the coupler axis the angle between the distal lip of 3000 and the longitudinal axis of 3000 (see Fig. 30).
Eby does not explicitly disclose: wherein the plane defines an angle of less than 80 degrees between the plane and the coupler axis.
However, Nguyen-Dinh in a similar field of invention teaches a medical system (see Figs. 8-12) with a driver 26 (see Figs. 8-12) and a torque coupler 32 (see Figs. 8-12) with a coupler axis D (see Fig. 8) with a distal end the distal end of 32 defining an end coupler perimeter 66 (see Figs. 8-12) defines a plane d (see Fig. 8, [0074]), wherein the plane defines an angle (see Fig. 8, the angle between d and D) between the plane d and the coupler axis D. Nguyen-Dinh further teaches: wherein the plane d defines an angle of less than 90 degrees (see annotated Fig. 8 below, [0074], less than 90 degrees) between the plane d and the coupler axis D.
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eby to incorporate the teachings of Nguyen-Dinh and teach a medical system with the plane defines an angle of less than 80 degrees between the plane and the coupler axis. Motivation for such can be found in Nguyen-Dinh as this allows for automatic docking of the capsule towards the recess of the docking part to more easily unscrew the capsule (see [0075]-[0076]).
The combination of Eby and Nguyen-Dinh does not explicitly teach: the angle is less than 80 degrees.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Eby and Nguyen-Dinh to have the angle is less than 80 degrees since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Eby and Nguyen-Dinh would not operate differently with the angle is less than 80 degrees. Further, applicant places no criticality on the range claimed, see [0086] of applicant’s patent application publication, which lists alternates of less than 70 degrees, less than 60 degrees, or less than 45 degrees, hence the larger range of less than 80 degrees is not critical, such as the values from 71-80 degrees.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kabe et al (US 20240350811 A1) teaches a medical system with a snare, a coupler with protrusions, and petals on the implant
Kabe et al (US 20200360704 A1) teaches a medical system with a snare, a coupler with protrusions, and petals on the implant
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RAIHAN R. KHANDKER
Examiner
Art Unit 3771
/RAIHAN R KHANDKER/Examiner, Art Unit 3771
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