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 claims 21-31 in the reply filed on June 15, 2026 is acknowledged.
Claims 1-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 15, 2026.
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 21-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chin et al. (US 20190365364 A1).
Regarding claim 21, Chin discloses a method of repositioning a target object implanted in a patient (paras. [0043]-[0115]), the method comprising: forming a surgical tunnel (i.e., via 21 as shown in Figs. 18C-18D) extending along a first axis from a first incision 42 in a skin of the patient to a predefined subcutaneous location of the implanted target object (i.e., 10) distant from the first incision (i.e., as shown for example in Fig. 18D), wherein the implanted target object comprises a stiff portion 12 extending along a second axis that is not aligned with the first axis (Fig. 18D); controllably altering, deforming, and/or shaping the stiff portion to more closely align at least some of the second axis with the first axis (i.e., as shown in Figs. 18D-18E); and forcing the stiff portion into the surgical tunnel (Fig. 18E).
Regarding claim 22, Chin discloses the method of claim 21. Chin also discloses wherein the forming and at least one of the (1) controllably altering, deforming, and/or shaping and (2) the forcing is performed with a single surgical instrument (i.e., performed with 21 as shown in Figs. 18A-18F).
Regarding claim 23, Chin discloses the method of claim 22. Chin also discloses wherein the surgical instrument comprises a distal portion, wherein the distal portion comprises a first portion at a distal tip configured to perform the forming (i.e., sharp distal tip; para. [0070]), and wherein the distal portion further comprises a second portion 12 proximal to the distal tip configured to perform the controllably altering, deforming, and/or shaping (para. [0048]).
Regarding claim 24, Chin discloses the method of claim 23. Chin also discloses wherein the controllably altering, deforming, and/or shaping is performed with an actuator associated with a handle of the surgical instrument (para. [0069]).
Regarding claim 25, Chin discloses the method of claim 21. Chin also discloses wherein the target object comprises a guidewire, and wherein the stiff portion comprises a metal portion of the guidewire (para. [0047]).
Regarding claim 26, Chin discloses the method of claim 25. Chin also discloses wherein the metal portion comprises nitinol (para. [0047]).
Regarding claim 27, Chin discloses the method of claim 24. Chin also discloses wherein the target object comprises a guidewire, and wherein the stiff portion comprises a metal portion of the guidewire (para. [0047]).
Regarding claim 28, Chin discloses the method of claim 27. Chin also discloses wherein the metal portion comprises nitinol (para. [0047]).
Regarding claim 29, Chin discloses the method of claim 21. Chin also discloses comprising pulling the stiff portion through the surgical tunnel along the first axis toward the first incision (Figs. 18D-18E).
Regarding claim 30, Chin discloses the method of claim 26. Chin also discloses wherein the target object comprises a guidewire, and wherein the stiff portion comprises a metal portion of the guidewire (para. [0047]).
Regarding claim 31, Chin discloses the method of claim 30. Chin also discloses wherein the metal portion comprises nitinol (para. [0047]).
Claims 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keddy et al. (US 20190054302 A1).
Regarding claim 21, Keddy discloses a method 200 of repositioning a target object implanted in a patient (paras. [0048]-[0080]), the method comprising: forming a surgical tunnel extending along a first axis from a first incision 180 in a skin of the patient to a predefined subcutaneous location of the implanted target object distant from the first incision (para. [0071]), wherein the implanted target object comprises a stiff portion (i.e., distal end of tool 100) extending along a second axis that is not aligned with the first axis (para. [0071]); controllably altering, deforming, and/or shaping the stiff portion to more closely align at least some of the second axis with the first axis (para. [0074]); and forcing the stiff portion into the surgical tunnel (para. [0074]; i.e., at least by continuing to form the tunnel or steering it further as described in para. [0073]).
Regarding claim 22, Keddy discloses the method of claim 21. Keddy also discloses wherein the forming and at least one of the (1) controllably altering, deforming, and/or shaping and (2) the forcing is performed with a single surgical instrument (para. [0074] discloses that the forming, deforming, and forcing is performed by creating a tunnel with the tunneler 100).
Regarding claim 23, Keddy discloses the method of claim 22. Keddy also discloses wherein the surgical instrument comprises a distal portion, wherein the distal portion comprises a first portion at a distal tip configured to perform the forming (para. [0071]-[0074]), and wherein the distal portion further comprises a second portion proximal to the distal tip configured to perform the controllably altering, deforming, and/or shaping (para. [0074 discloses pull wires that would be proximal to the distal tip for performing the controllably altering).
Regarding claim 24, Keddy discloses the method of claim 23. Keddy also discloses wherein the controllably altering, deforming, and/or shaping is performed with an actuator associated with a handle of the surgical instrument (para. [0074]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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, Darwin Erezo can be reached at 5712724695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RACHAEL L GEIGER/ Examiner, Art Unit 3771 /BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
Prosecution Insights