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
Claim 10 is allowable. The restriction requirement as set forth in the Office action mailed on April 1, 2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of Invention II, claim 20 is withdrawn. Claim 20, directed to a method no longer withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim. In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claims 1 and 5, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hopkinson et al (US 20190314035).
Regarding claim 1, Hopkinson discloses a hemostatic device comprising: a cover member (120) configured to cover a puncture site formed on a patient; a pressing member (110) connected to the cover member and configured to compress the puncture site; the cover member including a main body portion (central portion where pressing member is located, figure 1) where the pressing member is located, a first band body portion configured to be disposed between fingers of the patient and extending from the main body portion in a first direction, a second band body portion extending from the main body portion in a second direction different from the first direction, and a third band body portion facing the second band body portion across the pressing member and extending from the main body portion in a third direction different from the first direction and the second direction (figure 1, extensions of 120); the main body portion including a support member (130) formed of a material harder than the pressing member (paragraph 0034)and overlapping the pressing member (paragraph 0036); the support member including an upper end portion located on a first band body portion side that faces toward the first band body portion and forming an end portion of the support member, a lower end portion forming an end portion opposite to the upper end portion, and a side surface portion connecting the upper end portion and the lower end portion; the support member being configured such that a width of the support member decreases from the upper end portion toward the lower end portion, and a thickness of the side surface portion decreases from the upper end portion toward the lower end portion; the lower end portion of the support member having a flat portion having a linear shape in plan view; and an outer surface of the support member is curved toward the second band body portion side and the third band body portion side (figure 2D).
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Regarding claim 5, Hopkinson discloses all of the limitations set forth in claim 1, wherein the pressing member is an inflatable member inflatable by injection of a fluid (figures 2B-2C), the inflatable member has a longitudinal width passing through a center of the inflatable member in a state where the inflatable member is deflated, the inflatable member has a lateral width orthogonal to the longitudinal width and passing through the center of the inflatable member in the state where the inflatable member is deflated, the lateral width is shorter than the longitudinal width, and the support member has a width of the upper end portion that is longer than the lateral width and a width of the lower end portion that is shorter than the lateral width. (‘a width of the lower end portion’ is sufficiently broad the encompass the width between the edge and member 150 shown below)
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Regarding claim 7, Hopkinson discloses all of the limitations set forth in claim 1, wherein the support member is bilaterally symmetrical relative to a center line of the first band body portion in the main body portion (figure 1), and an inner surface of the support member is curved in a protruding shape in a direction away from the pressing member (paragraph 0031, curved).
Regarding claim 9. The hemostatic device according to Claim 1, wherein the support member includes an outer periphery as seen in the plan view and the pressing member includes an outer periphery as seen in the plan view, an entirety of the outer periphery of the support member being positioned outside the outer periphery of the pressing member as seen in the plan view (figures 2A, 2D).
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.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hopkinson et al (US 20190314035) as applied to claim 5 above, and further in view of Hioki et al (US 20210145452).
Regarding claim 6, Hopkinson discloses all of the limitations set forth in claim 5, wherein the inflatable member is comprised of a first sheet of material connected to the cover member at a position overlapping the support member, the support member having an edge portion (figure 2D), but does not disclose the inflatable member is comprised of a first sheet material and a second sheet material each having an edge portion, the edge portion of the first sheet material and the edge portion of the second sheet material being connected to one another, the edge portion of the second sheet material is located at the edge portion of the support member, and the inflatable member is configured such that a portion including the second sheet material has a larger inflation deformation amount than a portion including the first sheet material in a state where the inflatable member is inflated. Hioki et al (hereafter Hioki) teaches an art recognized equivalent pressing member, wherein the inflatable member is comprised of a first sheet material and a second sheet material each having an edge portion, the edge portion of the first sheet material and the edge portion of the second sheet material being connected to one another (paragraph 0068), the edge portion of the second sheet material is located at the edge portion of the support member (figure 3), and the inflatable member is configured such that a portion (171) including the second sheet material has a larger inflation deformation amount than a portion (180) including the first sheet material in a state where the inflatable member is inflated (figure 3), in order to suppress formation of a gap between a surface of the hand at a peripheral edge (paragraph 0048). Therefore, it would have been obvious to one with ordinary skill in the art at the time of the invention to make the he inflatable member is comprised of a first sheet material and a second sheet material each having an edge portion, the edge portion of the first sheet material and the edge portion of the second sheet material being connected to one another, the edge portion of the second sheet material is located at the edge portion of the support member, and the inflatable member is configured such that a portion including the second sheet material has a larger inflation deformation amount than a portion including the first sheet material in a state where the inflatable member is inflated, as taught as known in the art for pressing members at the time of the invention by Hioki, in order to suppress formation of a gap between a surface of the hand at a peripheral edge (paragraph 0048).
Allowable Subject Matter
Claims 2-4 are and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 10-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art (Hopkinson et al (US 20190314035)) teaches all of the limitations set forth in claim 1, wherein Hopkinson further teaches a location indicium of the pressing member being disposed at the apex of the pressing member and the center of the pressing member (paragraph 0030, 0037). However the claims have not been rejected over the body of prior art since no reference could be found that teaches the claimed support member having a gravity center of an outer shape of the support member in the plan view, the gravity center is located on the upper end portion side with respect to an intermediate portion located between the upper end portion and the lower end portion, and the pressing member is disposed on the cover member in a state where a center of the pressing member is located on the lower end portion side with respect to the gravity center. Therefore, the claims are allowable over the body of prior art since there is no teaching, suggestion, or motivation to produce the claimed invention.
The prior art (Hopkinson et al (US 20190314035)) teaches all of the limitations set forth in claim 1, wherein an inner surface of the support member is curved and possesses a concave shape facing towards the pressing member (paragraph 0031, exemplified in figure 6B). However the claims have not been rejected over the body of prior art since no reference could be found that teaches the claimed the inner surface of the upper end portion of the support member having a curvature radius less than a curvature radius of the inner surface of the lower end portion of the support member. Therefore, the claims are allowable over the body of prior art since there is no teaching, suggestion, or motivation to produce the claimed invention.
The prior art (Hopkinson et al (US 20190314035)) teaches a hemostatic device for applying compression to a puncture site at hand of a patient, the hemostatic device comprising:
a pressing member (110) to apply the compression to the puncture;
a cover member (120) positionable in overlying relation to the puncture site on the patient, the cover member including a main body portion positioned in overlying relation to the pressing member;
the cover member including: a first band body portion positionable between fingers of the patient and having one end located at the main body portion, the first band body portion extending away from the main body portion in a first direction, the first band body portion having a longitudinal extent from the one end of the first band body portion to an opposite free end of the first band body portion, the first band body portion having a center line extending along the longitudinal extent of the first band body portion; a second band body portion extending away from the main body portion in a second direction different from the first direction; and a third band body portion extending away from the main body portion in a third direction different from the first direction and different from the second direction (figure 1, extensions of 120);
the main body portion including a support member (130) that is harder than the pressing member, the support member overlying the pressing member;
the support member including an upper end portion constituting one end portion of the support member, a lower end portion constituting an other end portion of the support member that is opposite the one end portion of the support member, and spaced apart side surface portions connecting the upper end portion and the lower end portion (figure 2D);
the support member having an inner surface and an outer surface facing in opposite directions, the inner surface of the support member facing towards the pressing member;
the support member having a width, as seen in a plan view of the hemostatic device, defined as a distance between the two spaced apart side surface portions of the support member, the width of the support member decreasing between the upper end portion of the support member and the lower end portion of the support member such that the width of the upper end portion of the support member is greater than the width of the lower end portion of the support member (See image above with respect to claim 1;
the side surface portions of the support member having a thickness defined as a distance between the outer surface of the support body and the inner surface of the support member,
the lower end portion of the support member being a flat portion that has a linear shape in the plan view, and the outer surface of the support member is convexly curved (paragraph 0031, figure 6B).
However, the claims have not been rejected over the body of prior art because, no reference could be found with the combination of limitations above, wherein the center line of the first band body portion passes through the upper end portion of the support member and the lower end portion of the support member, the upper end portion of the support member being closer to the one end of the first band body portion than the lower end portion of the support member; the thickness of the side surface portions decreasing between the upper end portion of the support member and the lower end portion of the support member such that the thickness of the side surface portions adjacent the upper end portion of the support member is greater than the thickness of the side surface portions adjacent the lower end portion of the support member, the center line of the first band body portion passing through the flat portion that has the linear shape in the plan view; and the outer surface of the support member being specifically curved toward a side of the second band body portion a side of the third band body portion to be convex, since there is no teaching, suggestion, or motivation to produce the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH TIEU DANG whose telephone number is (571)270-3221. The examiner can normally be reached Monday-Thursday (9am-4pm EST).
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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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/ANH T DANG/Primary Examiner, Art Unit 3771
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