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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/22/25 has been entered.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-10, 12-17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peipsi (US 20150374275 A1).
For claim(s) 1, 4, 7-10, 13, and 16-17, Peipsi teaches
a probe housing; [110]
an internal probe [1] housed in the probe housing and configured to translate within the probe housing,
wherein a tip of the internal probe is rounded, [¶39]
and wherein the internal probe is configured to be inserted internally into a patient via at least one of an incision and an orifice, [the structure of tip 1 of is equivalent to the structure of the tip shown in this application’s figures and, as such, is equally ‘configured’ to be inserted into a patient’s anatomy]
and wherein the tip is configured to be pressed into a tissue of the patient in order to determine a stiffness of the tissue; [tissue stiffness determination by pressing tip into the tissue is/are central inventive feature(s) detailed throughout the majority (if not the entirety) of the disclosure of Peipsi – see at least abstract, ¶¶46-47]
a load cell [2] connected to the internal probe;
a microcontroller [120]
and a linear-actuator [3] connected to the load cell and configured to move the load cell, causing translation of the internal probe within the probe housing;
wherein, in a first position, the tip of the internal probe is received within the probe housing, and wherein, in a second position, the tip of internal probe extends out from an end of the probe housing; [Fig. 1]
wherein when the load cell is moved by the linear-actuator, the internal probe is configured to translate within the probe housing; [¶39]
wherein the internal probe is connected to a plurality of linear bearings [134]
wherein the plurality of linear bearings reduce friction caused by translation of the internal probe within the probe housing [¶¶39-40]
and wherein the tissue is at least one of a joint tissue, cervical tissue, uterine tissue, muscular tissue, and pulmonary tissue. [¶51]
For claim(s) 3, 12, and 19, Peipsi teaches
wherein when the testing device is used, the probe housing configured to abut tissue, and the internal probe is configured to indent tissue. [¶¶46-47]
For claim(s) 5 and 14, Peipsi teaches
wherein the microcontroller is configured to control operation of the linear-actuator. [¶¶42-47]
For claim(s) 6, 15, and 20, Peipsi teaches
wherein the microcontroller measures a position of the internal probe and a force of the load cell. [¶¶42-47]
Response to Arguments
Applicant’s arguments with respect to the prior art have been considered but are moot because the arguments do not apply to the new reference being used in the current rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S MELHUS whose telephone number is (571)272-5342. The examiner can normally be reached Monday - Friday | 9:00 AM - 5:00 PM.
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/BENJAMIN S MELHUS/
Primary Examiner, Art Unit 3791