DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 16 is objected to because of the following informalities: The end of the claim is missing a period. 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenberg et al. (hereafter “Greenberg”)(WO2022/060778).
With regards to claim 1, Greenberg discloses a needle bending assembly configured to at least temporarily contain a needle (210), the needle bending assembly comprising:
a first housing section (120) defining a first cavity configured to at least temporarily contain a first section of the needle;
a second housing section (130) defining a second cavity configured to at least temporarily contain a second section of the needle forming a distal tip thereof; and
a coupling element (170) coupled between the first housing section (120) and the second housing section (130) such that when the needle is contained within the needle bending assembly, movement of the second housing section relative to the first housing section results in a bending of the needle at a location corresponding to the coupling element [paragraph 51].
With regards to claim 2, Greenberg discloses wherein the first housing section (120) includes an inner surface defining at least a portion of the first cavity, the inner surface configured to contact the first section of the needle when the needle is contained in the needle bending assembly, as seen in at least Figures 2 and 7.
With regards to claim 3, Greenberg discloses wherein the second housing section (130) is configured for movement relative to the first housing section (120) through a predetermined range of motion between a first configuration and a second configuration, as seen in at least Figures 7 and 10.
With regards to claim 4, Greenberg discloses, wherein the second housing section (130) includes an inner surface defining at least a portion of the second cavity, and
when the needle is contained in the needle bending assembly, the inner surface being spaced apart from the second section of the needle when the second housing section is in the first configuration [first configuration seen in at least Figures 1, 7 and 10], the inner surface being placed in contact with the second section of the needle when the second housing section is in the second configuration [second configuration seen in at least Figures 10C and 10D].
With regards to claim 5, Greenberg discloses wherein the coupling element (130) includes a living hinge that couples the first housing section to the second housing section, the living hinge configured to be in contact with a third section of the needle between the first section and the second section of the needle [paragraph 56 and Figure 7 and 10].
With regards to claim 6, Greenberg discloses wherein the movement of the second housing section relative to the first housing section results in the bending of the needle at a location along the third section of the needle, a fulcrum about which the needle is bent corresponding to a point of contact between the living hinge and the third second of the needle [paragraph 56 and Figure 7 and 10].
With regards to claim 7, Greenberg discloses wherein the first housing section, the second housing section, and the living hinge are monolithically constructed, as seen in at least Figures 5, 7 and 10.
With regards to claim 8, Greenberg discloses wherein the first housing section (120) includes an inner surface defining at least a portion of the first cavity, the second housing section (130) includes an inner surface defining at least a portion of the second cavity, and when the needle is contained in the needle bending assembly: the inner surface of the first housing section is configured to contact the first section of the needle, the inner surface of the second housing section is spaced apart from the second section of the needle when the second housing section is in a first configuration relative to the first housing section, and the inner surface of the second housing section is placed in contact with the second section of the needle when the second housing section is moved to a second configuration relative to the first housing section, the contact operable to bend the needle at the location corresponding to the coupling element, and the inner surface of the first housing section and the inner surface of the second housing section being shaped to allow withdrawal of the needle from each of the first cavity and the second cavity after bending [paragraphs 49 & 51 and Figures 7 and 10].
With regards to claim 9, Greenberg discloses needle bending system, comprising: a needle assembly having a needle extending in a distal direction from a needle hub; and
a needle bending assembly removably coupled to the needle assembly, the needle bending assembly including: a first housing section defining a first cavity that removably contains a first section of the needle, a second housing section defining a second cavity that removably contains a second section of the needle forming a distal tip thereof, and a coupling element configured to couple the first housing section and the second housing section such that movement of the second housing section relative to the first housing section results in a bending of the needle at a location corresponding to the coupling element [paragraphs 49 & 51 and Figures 7 and 10].
With regards to claim 10, Greenberg discloses wherein the first housing section (120) includes an inner surface defining at least a portion of the first cavity, the inner surface in selective contact with the first section of the needle, Figure 7 and 10.
With regards to claim 11, Greenberg discloses wherein a distal portion of the needle hub is removably disposed in a proximal portion of the first cavity to removably couple the needle hub to the needle bending assembly, the inner surface defining the proximal portion of the first cavity forms a plurality of recesses, as seen in at least Figure 1, each recess from the plurality of recesses being aligned with and receiving a portion of a unique protrusion from a plurality of protrusions along the distal portion of the needle hub, as seen in at least Figure 1.
With regards to claim 12, Greenberg discloses wherein the second housing section (130) is configured for movement relative to the first housing section (120) through a predetermined range of motion between a first configuration and a second configuration [paragraph 51 and Figures 7 and 10].
With regards to claim 13, Greenberg discloses wherein the second housing section includes an inner surface defining at least a portion of the second cavity, the inner surface being spaced apart from the second section of the needle when the second housing section is in the first configuration, the inner surface being placed in contact with the second section of the needle when the second housing section is in the second configuration, as seen in Figures 10C and 10D.
With regards to claim 14, Greenberg discloses wherein the coupling element (170) includes a living hinge that couples the first housing section to the second housing section, the movement of the second housing section relative to the first housing section bends the needle at a location along the third section of the needle, a fulcrum about which the needle is bent corresponding to a point of contact between the living hinge and a third section of the needle between the first section and the second section of the needle [paragraphs 56 & 59 and Figures 7 and 10].
With regards to claim 15, Greenberg discloses wherein the first housing section (120) includes an inner surface defining at least a portion of the first cavity and the second housing section (130) includes an inner surface defining at least a portion of the second cavity, the inner surface of the first housing section is in selective contact with the first section of the needle, the inner surface of the second housing section is spaced apart from the second section of the needle when the second housing section is in a first configuration relative to the first housing section, the inner surface of the second housing section is placed in contact with the second section of the needle when the second housing section is moved to a second configuration relative to the first housing section, the contact operable to bend the needle at the location corresponding to the coupling element, and
the inner surface of the first housing section and the inner surface of the second housing section being shaped to allow withdrawal of the needle from each of the first cavity and the second cavity after bending [paragraphs 49 & 51 and Figures 7 and 10].
With regards to claim 16, Greenberg discloses method of bending a needle using a needle bending assembly, the needle bending assembly including a first housing section (120), a second housing section (130), and a coupling element (170) that couples the first housing section to the second housing section, the method comprising:
transitioning the second housing section relative to the first housing section from a first configuration into a second configuration [at least paragraph 51 and Figure 7];
engaging a section (230) of the needle between the housing sections with the coupling element as a result of the transitioning, as seen in Figure 7;
bending the needle as a result of the coupling element engaging the section of the needle [at least paragraph 51 and Figure 7];
allowing the second housing section to transition from the second configuration toward the first configuration after the bending [disengagement occurs so needle can be withdrawn]; and
withdrawing the bent needle from each of the first housing section and the second housing section [paragraph 59 and Figure 8].
With regards to claim 17, Greenberg discloses wherein the transitioning includes bending the second housing section (130) relative to the first housing section (120) through a predetermined angle of rotation and about a fulcrum defined by the coupling element (170), paragraph 51 and Figures 7 and 10.
With regards to claim 18, Greenberg discloses wherein the predetermined angle of rotation is greater than an angle of the bend along the needle [paragraph 57].
With regards to claim 19, Greenberg discloses wherein the coupling element (170) is a living hinge that movably couples the first housing section and the second housing section [paragraph 57 and Figures 7 and 10].
With regards to claim 20, Greenberg discloses wherein after allowing the second housing to transition toward the first configuration and prior to withdrawing the bent needle from each of the first housing section and the second housing section, the method further comprising:
repositioning the bent needle in the needle bending assembly to allow withdrawal of the bent needle from each of the first housing section and the second housing section, the repositioning including at least one of rotating or sliding the bent needle relative to the needle bending assembly [the needle is considered to inherently incrementally be repositioned as it is removed from device].
Conclusion
This is a continuation of applicant's earlier Application No. 18/148,806. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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 BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY YEONJIN KIM/ Examiner, Art Unit 3725
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