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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
pressing member in claims 1, 9, 16
support member in claims 1, 9, 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 9 is objected to because of the following informalities: in line 33, please change “the one side” to “one side”. 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, 3 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiemeneij et al. (US 2019/0133602A1, “Kiemeneij”).
Regarding claim 1, Kiemeneij discloses a hemostatic device including a cover member capable of covering a puncture site on a patient. A pressing member is disposed on the cover member and capable of compressing the puncture site. The cover member includes a main body (240) in which the pressing member (245) is located. A first band body (220; Fig. 4) is capable of being disposed between fingers of the patient and extends from the main body in a first direction. A second band body (210) extends from the main body in a second direction different from the first direction. A third band body (230) faces the second band body across the pressing member and extends from the main body in a different direction from the first band body and the second band body. The main body includes a support member (244) that is a top plate and semi-flexible [0043]. The support member overlaps the pressing member and is made of a material harder than the pressing member, wherein the pressing member is made of a flexible material [0044]. It is noted that a semi-flexible material is harder than a flexible material. The main body has a first region where the support member is located. A second region is located between the first region and each of the first band body, second band body and the third band body. The second region is made of a material having a higher ductility than the support member. The band bodies are formed from a sheet of flexible material [0041]. It is noted that flexible material is more ductile than semi-flexible material. A width of the second region located between the first region and the second band body and a width of the second region located between the first region and the third body decreases from a distal side of the support member to a proximal side of the support member.
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Regarding claim 3, Kiemeneij discloses that the second region is located around the first region an edge portion of the main body is located between each two of the first band body, the second band body and the third band body constituting part of the second region (Fig. 4).
Regarding claim 7, Kiemeneij discloses that in the first band body, second band body and third band body, ends of side surfaces located on both sides in a width direction of the first band body, second band body and third band body are not secured to the main body (Fig. 4B).
Allowable Subject Matter
Claim(s) 2, 4-6, and 8 is/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.
Claim(s) 9-20 is/are allowed.
Regarding claim 9, the prior art does not disclose or suggest a hemostatic device including a pressing member is disposed on the cover member and capable of compressing the puncture site, the cover member includes a main body, a first band body, a second band body, a third band body, the second and third band bodies capable of engaging one another, the main body having an outer periphery and including a support member, a first layer, and a second layer, the support member located between the first and second layers, the support member is made of a material different from the first and second layers and is harder than the pressing member, the first band body extending from the main body in a first direction, the second band body extending in a second direction different from the first direction, the third band body extending in a third direction different from the first and second directions, the second band body having a center line and an end portion terminating at a free end, the third band body having a center line and an end portion terminating at a free end, the center line of the second band body and third band body intersect one another in the support member, the outer periphery of the main body is located outwardly of the outer periphery of the first layer and the outer periphery of the support member, the end portion of the second band body is fixed to the outer periphery of the main body so that the free end of the second band body faces one side of the support member, a distance between the free end of the second band body and the one side of the support member decreasing in a direction away from the first body, the end portion of the third band body is fixed to the outer periphery of the main body so that the free end of the third band body faces one side of the support member, a distance between the free end of the third band body and the one side of the support member decreasing in a direction away from the first band body, in combination with the other claimed limitations.
Regarding claim 16, the prior art does not disclose or suggest a hemostatic device including a pressing member is disposed on the cover member and capable of compressing the puncture site, the cover member includes a main body, a first band body, a second band body, a third band body, the second and third band bodies capable of engaging one another, the main body including a support member overlapping the pressing member and made of a material harder than the pressing member, the main body including sheet material overlying the support member, the first band body having a center line and an end portion, the second band body having a center line and an end portion, the third band body having a center line and an end portion, the center line of the second band body and third band body intersect one another in the support member, the end of the first band body is fixed to the outer periphery of the sheet material, the end portion of the second band body is fixed to the outer periphery of the sheet material, the end portion of the third band body is fixed to the outer periphery of the sheet material of the main body, the second portion of the outer periphery of the sheet material and the third portion of the outer periphery of the sheet material are spaced outwardly away from an outer periphery of the support member, the end of the second band body and the end of the third band body have a concavely curved end surface facing toward the support member or the end of the second band body has a width less than a width of the second portion of the outer periphery of the sheet material and the end of the third band body has a width less than a width of the third portion of the outer periphery of the sheet material or the end of the second band body and the third band body have a width greater than a width of the second portion of the outer periphery of the sheet material or the ends of the second band body and the third band body are fused to the outer periphery of the sheet material at a plurality of second band body fused portions that are spaced apart from one another, in combination with the other claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hioki et al. (US 2021/0145452A1) discloses a hemostasis device that includes a pressing member, a cover member, and three band bodies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCELIN C TANNER whose telephone number is (571)270-5202. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at (571)272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOCELIN C TANNER/Primary Examiner, Art Unit 3771