DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The Amendment filed 6/15/26 has been entered. Claims 13 and 15-17 have been amended, and new claims 29-32 have been entered. Claims 13-32 are addressed in the following office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-32 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Concerning claim 13, applicant’s original disclosure fails to divulge “a recess defined in a wall of the fluid delivery tube… each hollow fluid delivery needle being in fluid communication with the lumen of a respective fluid delivery tube of the at least two fluid delivery tubes and slidably receivable in the recess of the respective fluid delivery tube”. In paragraph 0134 of the original specification applicant details “The distal end of fluid delivery tube 121 is fluidly and mechanically attached to the proximal end of needle 141, such as via a sealed bond and/or frictionally engaging interface (e.g. the interface between a proximal outer diameter portion of needle 141 and a distal inner diameter portion of tube 121). This attachment provides a fluid seal yet allows fluid to pass through fluid delivery tube 121 into needle 141. Needle 141 is constructed and arranged to be advanced into a recess in support arm 133, opening 131, such as to the advanced position shown”. More specifically, each support arm (not detailed in the claim) of the expandable support comprises a recess defined in a wall of the arm, and each hollow fluid delivery needle is slidably receivable in the recess of the respective support arm. Also, each hollow fluid delivery needle is fluidly and mechanically attached to a respective fluid delivery tube such that they slide together and not relative to each other. Hence, the limitations are considered new matter. Claims 14-28 are rejected for the same reasons as claim 13 by virtue of dependency on claim 13.
Concerning claim 29, applicant’s original disclosure fails to divulge “each hollow fluid delivery needle of the at least two hollow fluid delivery needles being slidably disposed within the lumen of the respective fluid delivery tube and configured to be advanced from the lumen”. In paragraph 0134 of the original specification applicant details “The distal end of fluid delivery tube 121 is fluidly and mechanically attached to the proximal end of needle 141, such as via a sealed bond and/or frictionally engaging interface (e.g. the interface between a proximal outer diameter portion of needle 141 and a distal inner diameter portion of tube 121). This attachment provides a fluid seal yet allows fluid to pass through fluid delivery tube 121 into needle 141. Needle 141 is constructed and arranged to be advanced into a recess in support arm 133, opening 131, such as to the advanced position shown”. More specifically, each support arm (not detailed in the claim) of the expandable support comprises a recess defined in a wall of the arm, and each hollow fluid delivery needle is slidably receivable in the recess of the respective support arm. Also, each hollow fluid delivery needle is fluidly and mechanically attached to a respective fluid delivery tube such that they slide together and not relative to each other. Hence, the limitations are considered new matter. Claims 30-32 are rejected for the same reasons as claim 29 by virtue of dependency on claim 29.
NO PRIOR ART REJECTION
Response to Arguments
Applicant’s arguments, see pages 7-10, filed 06/15/26, with respect to claims 13-28 have been fully considered and are persuasive. The 35 USC § 102 rejection of claims 13-28 have been withdrawn.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.U.I/ Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
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