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
Applicant's election with traverse of Group II, claims 16-18, and Species C, figures 3A-3D, readable on Claims 2, 5-7, 10-16, 18 in the reply filed on 05/12/2026 is acknowledged. The traversal is on the ground(s) that figure 1A is a generic figure relevant to all embodiments. This is not found persuasive because the election of species requirement is between embodiments of a tube management device and the one depicted in figure 1A is specifically the tube management device of species A and not generic to the rest of the species, nonetheless, any structure disclosed in relation to the elected embodiment, Species C, in the disclosure that is depicted in FIG. 1A, such as tube 114 and shaft 106, will be considered generic from FIG. 1A.
Moreover, the applicant indicated that claims 2, 5-7, 10-16 and 18 allegedly encompass the elected species, however, claim 5 is dependent on claim 17 which is drawn to non-elected species B, therefore, claims 5-7 and 10 are also withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2, 11-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hassidov et al. (US 20160324412 A1, hereinafter Hassidov).
Regarding Claim 16, Hassidov discloses
A medical system (colonoscopy system, FIGS. 1, 11), comprising:
a first medical tube (colonoscope 50, FIG. 5);
a second medical tube (plurality of add-on tubes 52-54, FIG. 5) separate from the first medical tube (depicted in FIG. 5); and
a tube management device (sleeve assembly 100, FIGS. 1, 3A, 5) configured to removably couple the first medical tube to the second medical tube (FIGS. 1-2 disclose add on tubes are removably held to the colonoscope by the sleeve),
wherein the tube management device comprises:
a base (outer sleeve 10 + inner sleeve 11 + proximal housing 13, FIGS. 3A, 5) including a structure (opening 16, FIGS. 3A, 5) configured to transition the tube management device between an extended configuration and a coiled configuration (par. 141 discloses air and/or liquid used for inflating inner sleeve are delivered through opening, FIGS. 1-2 disclose sleeve capable of transitioning between collapsed, i.e. coiled, and expanded configuration); and
a coating applied to the base (par. 107 discloses coating applied to sleeve),
wherein, in the coiled configuration, the tube management device is configured to circumferentially surround the first medical tube and the second medical tube to removably couple the first medical tube to the second medical tube (FIGS. 1-2 disclose collapsed configuration creates a tight fit and tightly presses the colonoscope against the add-on tubes, i.e. removably and circumferentially surrounding them as depicted in FIGS. 3A-5).
Regarding Claim 2, Hassidov discloses
The medical system of claim 16,
wherein the extended configuration is a substantially linear configuration (depicted in FIG. 5), and
wherein the coiled configuration is a substantially curved configuration (depicted in FIG. 3).
Regarding Claim 11, Hassidov discloses
The medical system of claim 16, wherein the coating includes a first coating and a second coating different from the first coating (par. 107 discloses inner coating, i.e. second coating, par. 147 discloses outer coating, i.e. first coating).
Regarding Claim 12, Hassidov discloses
The medical system of claim 11, wherein the first coating is applied to one or more surfaces of the base configured to be exposed to a body lumen when the first medical tube to which the second medical tube is removably coupled via the tube management device is partially inserted into the body lumen (par. 147 discloses outer coating, i.e. first coating, applied to sleeve to facilitate insertion into the colon).
Regarding Claim 13, Hassidov discloses
The medical system of claim 11, wherein the second coating is applied to one or more surfaces of the base configured to contact at least one of the first medical tube or the second medical tube (par. 107 discloses inner coating, i.e. second coating, applied to inner walls of sleeve to reduce friction, i.e. with tubes/ colonoscope).
Regarding Claim 14, Hassidov discloses
The medical system of claim 16, wherein, when the tube management device is in the coiled configuration, the structure of the base is configured to transition the tube management device from the coiled configuration back to the extended configuration to enable repositioning of the tube management device relative to at least one of the first medical tube or the second medical tube (FIGS. 1-2 disclose expansion of sleeve to better thread colonoscope, i.e. reposition, through expanded sleeve; par. 141 discloses air and/or liquid used for inflating inner sleeve are delivered through opening).
Regarding Claim 15, Hassidov discloses
The medical system of claim 16,
wherein the base is comprised of metal (par. 139 discloses housing can be comprised of rigid material, par. 121 discloses sleeve can be comprised of rigid material, par. 55 discloses similar or equivalent materials to those described can be used, i.e. capable of comprising metal which is a rigid material), and
wherein the coating is comprised of rubber, plastic, or a combination of rubber and plastic (par. 147 discloses coating is comprised of Parylene C, a plastic material).
Regarding Claim 18, Hassidov discloses
The medical system of claim 16, wherein, when the tube management device is in the coiled configuration, the structure of the base is configured to transition the tube management device from the coiled configuration back to the extended configuration to enable repositioning of the tube management device relative to at least one of the first medical tube or the second medical tube (FIGS. 1-2 disclose expansion of sleeve to better thread colonoscope, i.e. reposition, through expanded sleeve; par. 141 discloses air and/or liquid used for inflating inner sleeve are delivered through opening).
Conclusion
THIS ACTION IS MADE FINAL. 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 ABDUL HADI ABBASI whose telephone number is (571)272-4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
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