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 without traverse of Group I in the reply filed on 03/20/2026 is acknowledged.
Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventive grouping, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/20/2026.
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.
Claims 1-9 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Culligan et al. (USPGPub 2012/0123472) in view of Krensky (USPGPub 2018/0368932).
Re Claim 1, Culligan teaches a surgical element carrier (310), comprising: a housing (320) dimensioned for insertion through a surgical incision during a surgery (Culligan ¶ 0077, 0093; Fig. 18), the housing (320) comprising: a first housing portion (326); a second housing portion (325) attached and movable relative to the first housing portion (326) between closed and open positions of the housing (320); and a cover (372) over the second housing portion (325) (Culligan ¶ 0094), the cover (372) forming a boundary of an interior space (370) within the second housing portion (325), the cover (372) comprising a plurality of slits (375) for a passageway through the cover (372) (Culligan ¶ 0094 - teaching multiple slits), from outside to within the interior space (370) within the second housing portion (325).
However, Culligan fails to teach the plurality of slits intersecting each other. Krensky teaches a surgical element carrier (Krensky Figs. 1-2) comprising a cover (14) (Krensky ¶ 0041), the cover (14) comprising a plurality of slits (40) intersecting each other, dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan to be intersecting each other as disclosed by Krensky, the intersecting slits dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 2, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan fails to teach wherein the plurality of slits comprises two intersecting slits that form a plus sign opening through the cover. Krensky teaches wherein the plurality of slits (40) comprises two intersecting slits that form a plus sign opening through the cover (14), the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky comprise two intersecting slits that form a plus sign opening through the cover as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 3, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan fails to teach wherein the plurality of slits form a star opening through the cover. Krensky teaches wherein the plurality of slits (40) form a star opening through the cover (14), the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky to form a star opening through the cover as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 4, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan fails to teach wherein the plurality of slits comprises a plurality of intersecting perforations. Krensky teaches wherein the plurality of slits (40) comprise a plurality of intersecting perforations, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky to comprise a plurality of intersecting perforations as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 5, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan teaches a second plurality of slits (375) (Culligan ¶ 0094 - teaching a multiple slits). However, Culligan fails to teach a second plurality of slits that intersect with each other for a second passageway through the cover. Krensky teaches a second plurality of slits (40) (as seen in Krensky Fig. 1) that intersect with each other for a second passageway through the cover (14), the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky to comprise a second plurality of slits that intersect with each other for a second passageway through the cover as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 6, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan teaches a foam block (371) secured to a top surface of the cover (372) (Culligan ¶ 0094).
Re Claim 7, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan teaches a second plurality of slits (375) (Culligan ¶ 0094 - teaching a multiple slits); and a foam block (371) secured to a top surface of the cover (372) (Culligan ¶ 0094), the foam block (371) positioned between the plurality of slits (375) and the second plurality of slits (Culligan Fig. 18 - showing foam bed 371 extending the entire length of cover 372). However, Culligan fails to teach a second plurality of slits that intersect with each other for a second passageway through the cover. Krensky teaches a second plurality of slits (40) (as seen in Krensky Fig. 1) that intersect with each other for a second passageway through the cover (14), the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky to comprise a second plurality of slits that intersect with each other for a second passageway through the cover as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 8, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan teaches a magnetic member (576) secured within the interior space within the second housing portion (325) (Culligan Fig. 22; ¶ 0096).
Re Claim 9, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan teaches at least one surgical element (12’) positioned in the first housing portion (326) (as seen in Culligan Fig. 18).
Re Claim 19, Culligan teaches a surgical element carrier (310), comprising: a housing (320) (Culligan ¶ 0077, 0093; Fig. 18), comprising: a first housing portion (326); a second housing portion (325) attached and movable relative to the first housing portion (326) between closed and open positions of the housing (320); and a cover (372) over the second housing portion (325) (Culligan ¶ 0094), the cover (372) forming a boundary of an interior space within the second housing portion (325), the cover (372) comprising a plurality of slits (375) for a passageway through the cover (372) (Culligan ¶ 0094 - teaching multiple slits), from outside to within the interior space within the second housing portion (325); a magnetic member (576) secured within the interior space within the second housing portion (325) (Culligan Fig. 22; ¶ 0096); and at least one surgical element (12’) positioned in the first housing portion (326) (as seen in Culligan Fig. 18).
However, Culligan fails to teach the plurality of slits intersecting each other. Krensky teaches a surgical element carrier (Krensky Figs. 1-2) comprising a cover (14) (Krensky ¶ 0041), the cover (14) comprising a plurality of slits (40) intersecting each other, dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan to be intersecting each other as disclosed by Krensky, the intersecting slits dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Re Claim 20, Culligan in view of Krensky teach all of the limitations of Claim 19. Culligan teaches a second plurality of slits (375) (Culligan ¶ 0094 - teaching a multiple slits); and a foam block (371) secured to a top surface of the cover (372) (Culligan ¶ 0094), the foam block (371) positioned between the plurality of slits (375) and the second plurality of slits (Culligan Fig. 18 - showing foam bed 371 extending the entire length of cover 372). However, Culligan fails to teach a second plurality of slits that intersect with each other for a second passageway through the cover. Krensky teaches a second plurality of slits (40) (as seen in Krensky Fig. 1) that intersect with each other for a second passageway through the cover (14), the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of slits of Culligan in view of Krensky to comprise a second plurality of slits that intersect with each other for a second passageway through the cover as disclosed by Krensky, the configuration dimensioned for removable attachment of accessories and adapted to retain instruments and other accessories or objects (Krensky ¶ 0041).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Culligan et al. (USPGPub 2012/0123472) in view of Krensky (USPGPub 2018/0368932) as applied to Claim 1 above, and further in view of Kelly et al. (USPGPub 2022/0338872).
Re Claim 10, Culligan in view of Krensky teach all of the limitations of Claim 1. Culligan fails to teach a gel that occupies at least a portion of the interior space within the second housing portion. Kelly teaches a surgical element carrier (10) comprising a housing portion (20) (Kelly Figs. 5-6), wherein at least a portion of the interior space within the housing portion (20) is occupied by a gel for depositing surgical sharps thereon (Kelly ¶ 0052, 0054). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured at least a portion of the interior space within the second housing portion of Culligan in view of Krensky comprise a gel as disclosed by Kelly for depositing surgical sharps thereon (Kelly ¶ 0052, 0054).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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/WILLIAM R FREHE/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
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