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 .
Priority
Applicant has identified the instant application as a CIP of 16/875,053:
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following elements must be illustrated, or the features canceled from the claims:
A coupling element that “entirely or partially penetrates the central conducting lumen of the transpyloric conducting element” and a releasable fixation element of claim 1
A coupling element with a tubular form of claim 2
A coupling element with a local radial enlargement of claim 5
A releasable fixation mechanism connected to an extracorporeal control device of claim 8
Balloon of claims 9-17
Fixing mechanism of claims 20-23
Flushing openings and flushing line of claim 25
X-ray opaque marker of claim 26
At least one tube of claim 33
At least one Bowden cable of claim 34
Electrical wires, electrical actuator of claim 35
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 4, 5, 7, 9, 11-14, 16, 17, 25, 36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the pylorus” and “the duodenum” in lines 2-3.
Claims 3, 7, 9, 12, 13, recite the limitation "the tubular coupling element" in various lines.
Claims 4 and 5 recite the limitation "the outer surface of the tubular coupling element" in lines 1-2. Claim 5 recites the limitation “the proximal end of the tubular coupling element” in line 4.
Claim 11 recites “the inner side of the transpyloric”
Claim 13 recites “the L-shaped cross section,” “the shorter leg,” “the radial enlargement or toroidal bulge.”
Claim 14 recites “the at least one balloon.”
Claim 16 recites “the balloon.”
Claim 17 recites “the at least one gap-bridging balloon,” “the annular gap.”
Claim 25 recites “the gap-bridging balloon.”
Claim 36 recites “the stomach,” “the chyme,” “the pylorus,” and “the duodenum” in lines 1-3.
There is insufficient antecedent basis for these limitations in the claims.
Allowable Subject Matter
The pending claims are rejected under 35 USC 112 as presented above, but would be allowable if rewritten in proper form including all of the limitations as set forth in the claim set.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or suggest the combination of a transgastric shunt system comprising an applicator, transgastric bypass device with fixing elements, a positioning device with an elongated shaft and extracorporeal proximal end, wherein the applicator comprises a coupling element that entirely or partially penetrates a lumen of a transgastric bypass device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2005/0273060 Levy
Gastrointestinal shunt
US 9,498,366 Burnett
Gastrointestinal bypass
US 9,295,574 Priplata
Gastrointestinal bypass with anchors
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
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, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 9 October 2026
