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 .
Response to Amendment
The cancellation of claim 12-13, the amendments to claims 1, 11, 16, AND 19, and the addition of claims 21-22 in the response filed on 06/03/2026 are acknowledged.
Claims 1-11 and 14-22 remain pending in the application
Claims 12, 13 are cancelled.
Claims 1-11 and 14-22 are examined.
Response to Arguments
The applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims. The applicant has modified claims 1, 16, and 19 to require wherein the connector is configured to wrap around a portion of the first medical device, limitations heretofore not presented for examination in this application. As such, the scope of the claims was substantially changed and new grounds for rejection are presented.
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.
Claim(s) 1, 2, 6, 7, 8, 9, 10, 14, 15, 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2010/0280311 to McGrath.
Regarding clam 1, McGrath discloses a coupling device for a medical system, comprising: a first portion (422, Fig. 14, [0051]), including: a main body (422, Fig. 14, [0051]) having a device receiving portion that includes a first slot and an opening (448, Fig. 14, [0050]) and a connector (430, Fig. 14, [0050]-[0051]), wherein the connector extends from the main body and is configured to couple a first medical device to the first portion (430, Fig. 14, [0050]-[0051]), wherein the connector is configured to wrap around a portion of the first medical device (Fig. 15, [0051]); and a second portion (424, Fig. 14, [0050]), wherein the second portion includes a second slot configured to receive a portion of a second medical device (444, Fig 14, [0052]), wherein the first portion and the second portion are removably couplable by coupling the portion of the second portion to the first portion to removably couple the second medical device to the first medical device (Fig. 16, [0052]- FIG. 16 illustrates the adaptor 410 secured to the portion 29 of the accessory channel 30 and the second portion 424 secured to the first portion 422).
McGrath fails to expressly teach, wherein a portion of the opening includes an internal threading; and wherein the second portion includes a threaded portion, wherein the first portion and the second portion are removably couplable by coupling the threaded portion of the second portion to the internal threading of the first portion to removably couple the second medical device to the first medical device.
However McGrath, in a separate embodiment, further discloses wherein a portion of the opening includes an internal threading ([0035]-[0037]); and wherein the second portion includes a threaded portion ([0052]- A luer-type connector 450 may be provided at the opening 444 for simple connection of an elongate medical device to the adaptor 410 . Any type of connector 450 that connects with the desired elongate medical device may be provided on the second portion 424 of the adaptor 410), wherein the first portion and the second portion are removably couplable by coupling the threaded portion of the second portion to the internal threading of the first portion to removably couple the second medical device to the first medical device (Figs. 14-16, [0050]-[0052]).
Therefore, the Examiner is of the position that it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the present invention to have modified a portion of the opening device of Ozeryansky to include an internal threading and to have modified the second portion to include a threaded portion since paragraph [0035] of Ozeryansky expressly teaches that the first portion can be threaded and since paragraph [0052] of x expressly teaches that any type of connector that connects with the desired elongate medical device may be provided on the second portion of the adaptor . Additionally, it would've been an obvious matter of design choice to a person of ordinary skill in the art to include the threading because Applicant has not disclosed that such relative rotation of the arms provides an advantage, is used for a particular purpose, or solves a problem.
Regarding claim 2, McGrath discloses the coupling device of claim 1, and McGrath further discloses further comprising a gasket positioned within the opening of the first portion (434, Fig. 14, [0052]- seal 434 therein and operably connecting to the opening 40; the examiner notes the 434 is positioned within opening 448).
Regarding claim 6, McGrath discloses the coupling device of claim 1, and McGrath further discloses wherein the second portion includes a grip portion adjacent to the threaded portion (440, Fig. 14, [0051]).
Regarding claim 7, McGrath discloses the coupling device of claim 6, and McGrath further discloses wherein the second portion includes an end portion adjacent to the grip portion on an opposite side from the threaded portion, and wherein the end portion is wider than the grip portion (bottom surface of 424, Fig. 14).
Regarding claim 8, McGrath discloses the coupling device of claim 7, and McGrath further discloses wherein the second slot extends longitudinally through the end portion, the grip portion, and the threaded portion of the second portion (444, Fig 14, [0052]).
Regarding claim 9, McGrath discloses the coupling device of claim 1, and McGrath further discloses wherein the connector extends from a first end of the main body of the first portion (410), and wherein the device receiving portion extends from a second end of the main body opposite to the first end (448, Fig. 14, [0050]).
Regarding claim 10, McGrath discloses the coupling device of claim 9, and McGrath further discloses wherein the main body includes a connector receiving portion that includes an opening and two extensions (426), with the opening positioned between the two extensions (Fig. 14).
Regarding claim 14, McGrath discloses the coupling device of claim 1, and McGrath further discloses wherein the device receiving portion is rotatable relative to the main body of the first portion (428).
Regarding claim 15, McGrath discloses the coupling device of claim 1, and McGrath further discloses wherein the first portion is configured to be coupled to an insertion portion of the first medical device (20), and wherein the second portion is configured to be coupled to an insertion portion of the second medical device (50; [0050]-[0052]).
Regarding claim 19, McGrath discloses a coupling device, comprising: a first portion(422, Fig. 14, [0051]), including: a main body(422, Fig. 14, [0051]), including a device receiving portion that includes a first slot and an opening(448, Fig. 14, [0050]); and a connector (430, Fig. 14, [0050]-[0051]), wherein the connector extends from the main body and is configured to couple a first medical device to the first portion(430, Fig. 14, [0050]-[0051]), wherein the connector is configured to wrap around a portion of the first medical device (Fig. 15, [0051]); a gasket (434), wherein the gasket is positioned within the opening of the first portion (434), wherein the gasket includes a gasket slot aligned with the first slot in the device receiving portion (434); and a second portion (424, Fig. 14, [0050]), wherein the second portion includes a second slot configured to receive a portion of a second medical device (444, Fig 14, [0052]), wherein the first portion and the second portion are removably couplable to removably couple the second medical device to the first medical device, wherein the first slot and the opening in the device receiving portion of main body of the first portion are both configured to reduce in size to secure the second portion to the first portion (Figs. 14-16, [0050]-[0052]).
Regarding claim 20, McGrath discloses the coupling device of claim 19, and McGrath further discloses wherein the device receiving portion is rotatable relative to the main body of the first portion (McGrath: 428).
Regarding claim 21, McGrath discloses the coupling device of claim 1, McGrath further discloses wherein the connector is a strap (McGrath: 410).
Regarding claim 22, McGrath discloses the coupling device of claim 1, and McGrath further discloses wherein the first slot is configured to reduce in size as the threaded portion of the second portion engages with the internal threading of the first portion to secure the second medical device to the first medical device (McGrath: Figs. 14-16; [0050]-[0052]).
Claim(s) 3, 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2022/0087511 to McGrath and further in view of U.S. Publication No. 2018/0117280 to Chu.
Regarding claim 3, McGrath, discloses the coupling device of claim 2, but McGrath fails to expressly teach wherein the gasket includes a gasket slot extending longitudinally through a portion of the gasket.
However, Chu teaches of an analogous device wherein the gasket includes a gasket slot extending longitudinally through a portion of the gasket ([0033] of Chu).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of McGrath to utilize a gasket in the manner as taught by Chu. It would have been advantageous to make the combination for the purpose of providing both lubrication and sealing between components ([0033] of Chu).
Regarding claim 4, McGrath, in view of Chu, teaches the coupling device of claim 3.
McGrath, in view of Chu, fails to expressly teach wherein the gasket is configured to transition between at least a first configuration and a second configuration, wherein, in the first configuration, the gasket slot includes a first width, and wherein, in the second configuration, the gasket slot includes a second width that is less than the first width.
However, Chu further teaches wherein the gasket is configured to transition between at least a first configuration and a second configuration, wherein, in the first configuration, the gasket slot includes a first width, and wherein, in the second configuration, the gasket slot includes a second width that is less than the first width ([0033] of Chu, width and length of the gasket).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of McGrath, in view of Chu to utilize a gasket in the manner as taught by Chu. It would have been advantageous to make the combination for the purpose of providing both lubrication and sealing between components ([0033] of Chu).
Regarding claim 5, McGrath, in view of Chu, teaches the coupling device of claim 4, but McGrath, in view of Chu, fails to expressly teach wherein the gasket includes a gasket opening configured to receive a portion of the second medical device.
However, Chu further teaches wherein the gasket includes a gasket opening configured to receive a portion of the second medical device ([0033] of Chu).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of McGrath, in view of Chu. to utilize a gasket in the manner as taught by Chu. It would have been advantageous to make the combination for the purpose of providing both lubrication and sealing between components ([0033] of Chu).
Claim(s) 11, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2010/0280311 to McGrath U.S. Publication No. 2021/0282797 to Bhowmick et al. (hereinafter “Bhowmick”).
Regarding claim 11, McGrath discloses the coupling device of claim 10, wherein the connector includes a narrowed portion and a widened portion, and McGrath further discloses wherein the narrowed portion is configured to be received within the opening of the connector receiving portion to couple the first portion of the coupling device to the first medical device (410) and wherein the widened portion of the connector includes a grip surface (440).
McGrath fails to expressly teach wherein the connector is formed of an at least partially flexible or elastic material.
However, Bhowmick teaches of an analogous coupling device (Bhowmick: Fig. 1) wherein the connector is formed of an at least partially flexible or elastic material (Bhowmick: [0034]-the connector assembly 190 may be formed of a flexibly elastic material that is configured to be deformable).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of McGrath so that the connector is formed of an at least partially flexible or elastic material, as taught by Bhowmick. It would have been advantageous to make the combination for the purpose of being deformable ([0034] of Bhowmick).
Regarding claim 16, McGrath discloses a medical system, comprising: a first medical device (20, Fig. 14, [0052]), including a first handle and a first insertion portion (Fig. 14), wherein the first handle includes a port (40, Fig. 14, [0052]); a second medical device (50), including a second handle (50) and a second insertion portion (52), wherein at least a portion of the second insertion portion is configured to be inserted into the port (52, Fig. 9); and a coupling device (410, Figs. 14-16, [0050]-[0052]), wherein the coupling device includes: a first portion, including: a main body (422, Fig. 14, [0051]) including a device receiving portion (448, Fig. 14, [0050]), wherein the device receiving portion includes a first slot and an opening(448, Fig. 14, [0050]), and a connector(430, Fig. 14, [0050]-[0051]), wherein the connector extends from the main body and is configured to couple a first medical device to the first portion(430, Fig. 14, [0050]-[0051]), and wherein the connector is configured to wrap around a portion of the first medical device (Fig. 15, [0051]); a gasket positioned within the opening of the first portion (434), wherein the gasket includes a gasket slot aligned with the first slot in the device receiving portion (434); and a second portion (424, Fig. 14, [0050]), wherein the second portion includes a second slot configured to receive a portion of a second medical device (444, Fig 14, [0052]), wherein the first portion and the second portion are removably couplable by coupling the portion of the second portion to the first portion to (1) removably couple the second medical device to the first medical device, and (2) reduce a size of the gasket.
McGrath fails to expressly teach wherein a portion of the opening includes an internal threading; wherein the connector is formed of a flexible or elastic material, and wherein the second portion includes a threaded portion, wherein the first portion and the second portion are removably couplable by coupling the threaded portion of the second portion to the internal threading of the first portion to (1) removably couple the second medical device to the first medical device, and (2) reduce a size of the gasket.
McGrath fails to expressly teach, wherein a portion of the opening includes an internal threading; and wherein the second portion includes a threaded portion, wherein the first portion and the second portion are removably couplable by coupling the threaded portion of the second portion to the internal threading of the first portion to removably couple the second medical device to the first medical device.
However McGrath, in a separate embodiment, further discloses wherein a portion of the opening includes an internal threading ([0035]-[0037]); and wherein the second portion includes a threaded portion ([0052]- A luer-type connector 450 may be provided at the opening 444 for simple connection of an elongate medical device to the adaptor 410 . Any type of connector 450 that connects with the desired elongate medical device may be provided on the second portion 424 of the adaptor 410), wherein the first portion and the second portion are removably couplable by coupling the threaded portion of the second portion to the internal threading of the first portion to removably couple the second medical device to the first medical device (Figs. 14-16, [0050]-[0052]).
Therefore, the Examiner is of the position that it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the present invention to have modified a portion of the opening device of Ozeryansky to include an internal threading and to have modified the second portion to include a threaded portion since paragraph [0035] of Ozeryansky expressly teaches that the first portion can be threaded and since paragraph [0052] of x expressly teaches that any type of connector that connects with the desired elongate medical device may be provided on the second portion of the adaptor . Additionally, it would've been an obvious matter of design choice to a person of ordinary skill in the art to include the threading because Applicant has not disclosed that such relative rotation of the arms provides an advantage, is used for a particular purpose, or solves a problem.
McGrath fails to expressly teach wherein the connector is formed of a flexible or elastic material.
However, Bhowmick teaches of an analogous coupling device (Bhowmick: Fig. 1) wherein the connector is formed of an at least partially flexible or elastic material (Bhowmick: [0034]-the connector assembly 190 may be formed of a flexibly elastic material that is configured to be deformable).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of McGrath so that the connector is formed of an at least partially flexible or elastic material, as taught by Bhowmick. It would have been advantageous to make the combination for the purpose of being deformable ([0034] of Bhowmick).
Regarding claim 17, McGrath in view of Bhowmick, teaches the medical system of claim 16, and McGrath further discloses wherein the second portion includes (1) a grip portion adjacent to the threaded portion (440), and (2) an end portion adjacent to the grip portion that is on an opposite side from the threaded portion and is wider than the grip portion (bottom surface of 424), wherein the second slot extends longitudinally through the end portion, the grip portion, and the threaded portion (Figs. 14-16).
Regarding claim 18, McGrath in view of Bhowmick, teaches the medical system of claim 16, and McGrath further discloses wherein the device receiving portion of the first portion is rotatable relative to the main body of the first portion (428).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/C.A.S./Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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