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 .
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 1-9, 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al (US 20100174150).
Regarding claim 1, Park et al (hereafter Park) discloses a device configured and adapted to be mounted over a distal end of a tubular device having a lumen extending therethrough, the device comprising: a cap (tubular sleeve, paragraph 0009, 0058) having a proximal end, a distal end, and a lumen therethrough; an extension member (516) extending distally from the distal end of the cap; and a first elongated engagement member (530a) having a longitudinal axis from a first end of the first elongated engagement member to a second end of the first elongated engagement member; wherein the extension member (516) is configured to engage the first end of the first elongated engagement member such that the first elongated engagement member is positioned at an angle across the longitudinal axis of the cap lumen (figure 20, first elongated engagement member first proximal end can be held by the extension member such that it is oriented at an angle across the longitudinal axis of the cap lumen. Functional limitations are not given full patentable weight. As long as the prior art meets the structural requirements of the claim and is capable of performing the recited functions, the prior art meets the limitations).
Regarding claim 2, Park discloses all of the limitations set forth in claim 1, wherein the angle is about 90 degrees with respect to the longitudinal axis of the cap lumen (figure 20, first elongated engagement member first proximal end can be held by the extension member such that it is oriented at an angle across the longitudinal axis of the cap lumen. Functional limitations are not given full patentable weight. As long as the prior art meets the structural requirements of the claim and is capable of performing the recited functions, the prior art meets the limitations).
Regarding claim 3, Park discloses all of the limitations set forth in claim 1, wherein the extension member is configured to engage the first elongated engagement member removably (figure 20, extension member can let go of elongated engagement member).
Regarding claim 4, Park discloses all of the limitations set forth in claim 1, wherein the extension member is configured such that the first elongated engagement member is distally slidable off the extension member (figure 20).
Regarding claim 5, Park discloses all of the limitations set forth in claim 1, wherein the extension member extends along the perimeter of the cap lumen offset from the longitudinal axis of the cap lumen (figure 19, arms of 516 are offset from the longitudinal axis of the cap lumen) to hold the first end of the first elongated engagement member at the periphery of the cap (figure 19, 510 can be advanced such that 530 is along the periphery of the opening of 510).
Regarding claim 6, Park discloses all of the limitations set forth in claim 1, wherein: the first end of the first elongated engagement member is in the form of a spring (542); and the spring holds the first end of the first elongated engagement member in a tissue engagement configuration (figure 25).
Regarding claim 7, Park discloses all of the limitations set forth in claim 6, wherein the spring is disposed about the extension member (figure 19).
Regarding claim 8, Park discloses all of the limitations set forth in claim 1, wherein the extension member is configured to engage the first end of the first elongated engagement member at a position radially outward from the longitudinal axis of the cap lumen (figure 19, first end of first elongated engagement member can be hung onto 518b, which is a position radially outward from the longitudinal axis of the cap lumen).
Regarding claim 9, Park discloses all of the limitations set forth in claim 1, wherein the extension member is a post (516) having a proximal end disposed on a distal end of the cap (figure 15).
Regarding claim 12, Park discloses a device for delivering a tissue engagement member having a first end and a second end, said device comprising: a cap (tubular sleeve, paragraph 0009, 0058) having a proximal end configured to be mounted on an endoscope, a distal end, and a lumen therethrough; and an extension member (516, 510) fixedly mounted on a wall of the cap to extend distally from the distal end of the cap (figure 19); wherein the extension member is configured to engage a first tissue engagement member (530) in a mounted position on the extension member, such that an axis extending between a first end and a second end of the first tissue engagement member extends across the cap lumen at an angle with respect to a longitudinal axis of the cap lumen (the limitation ‘an axis’ is sufficiently broad to encompass any axis of the engagement member that is at an angle with respect to the longitudinal axis of the cap lumen).
Regarding claim 13, Park discloses all of the limitations set forth in claim 12, wherein the angle is about 90 degrees with respect to the longitudinal axis of the cap lumen (figure 20, the limitation ‘about 90 degrees’ is sufficiently broad to encompass the configuration in figure 20. Furthermore, the arbitrary axis determined in claim 12 above could be an axis that is 90degress with respect to the longitudinal axis of the cap).
Regarding claim 14, Park discloses all of the limitations set forth in claim 12, wherein the extension member is configured to engage the first tissue engagement member removably (figure 20).
Regarding claim 15, Park discloses all of the limitations set forth in claim 12, wherein the extension member extends along the perimeter of the cap lumen offset from the longitudinal axis of the cap lumen to hold the first end of the first tissue engagement member at the periphery of the cap (518 can be retracted to extend along the perimeter of the cap and opened such that it is offset from the longitudinal axis of the cap lumen, as shown in figure 20, to hold the first end of the tissue engagement member on member 518b at the periphery of the cap. Functional limitations are not given full patentable weight. As long as the prior art meets the structural requirements of the claim and is capable of performing the recited functions, the prior art meets the limitations).
Regarding claim 16, Park discloses all of the limitations set forth in claim 12, wherein the extension member is configured to engage the first end of the first elongated engagement member at a position radially outward from the longitudinal axis of the cap lumen (figure 19, first end of first elongated engagement member can be hung onto 518b, which is a position radially outward from the longitudinal axis of the cap lumen).
Claims 1, 10, 11, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBrayer (US 20040193185).
Regarding claim 1, McBrayer discloses a device configured and adapted to be mounted over a distal end of a tubular device having a lumen extending therethrough, the device comprising: a cap (12, figure 11) having a proximal end, a distal end, and a lumen therethrough; an extension member (20) extending distally from the distal end of the cap; and a first elongated engagement member (214 of 202a) having a longitudinal axis from a first end of the first elongated engagement member to a second end of the first elongated engagement member; wherein the extension member (20) is configured to engage the first end of the first elongated engagement member such that the first elongated engagement member is positioned at an angle across the longitudinal axis of the cap lumen (the limitation ‘an angle” is sufficiently broad to encompass any angle of the engagement member that is at an angle with respect to the longitudinal axis of the cap lumen, figure 18).
Regarding claim 10, McBrayer discloses all of the limitations set forth in claim 1, further comprising a clip (34) mounted on the inner surface of the wall of the cap, wherein the clip is configured to engage a second elongated engagement member (202d) within the cap lumen (figure 12).
Regarding claim 11, McBrayer discloses all of the limitations set forth in claim 10, wherein the clip is configured to orient the second elongated engagement member substantially parallel to the lumen of the cap in a mounted position (figure 12).
Regarding claim 17, Park discloses a device configured and adapted to be mounted over a distal end of a tubular device having a lumen extending therethrough, the device comprising: a cap (12, figure 11) having a proximal end, a distal end, and a wall defining a cap lumen (200); an extension member (20) extending longitudinally along the wall of the cap, and configured to engage a first tissue engagement member (214 of 202a) such that the first tissue engagement member is positioned at an angle across the longitudinal axis of the cap lumen (the limitation ‘an angle” is sufficiently broad to encompass any angle of the engagement member that is at an angle with respect to the longitudinal axis of the cap lumen); and a clip (34) mounted along an inner surface of the wall of the cap and configured to engage a second tissue engagement (202d) member within the cap lumen such that the second tissue engagement member extends along the inner surface of the wall of the cap (figure 11).
Regarding claim 18, McBrayer discloses all of the limitations set forth in claim 17, wherein the clip is configured to orient the second tissue engagement member (202d) substantially parallel to the cap lumen in a mounted position (figure 12).
Regarding claim 19, McBrayer discloses all of the limitations set forth in claim 17, further comprising a second tissue engagement (202d) member engaged by the clip and extending longitudinally within the cap lumen along the inner surface of the wall of the cap (figure 17).
Regarding claim 20, McBrayer discloses all of the limitations set forth in claim 17, wherein the clip extends radially inwardly into the cap lumen (figure 17).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH TIEU DANG whose telephone number is (571)270-3221. The examiner can normally be reached Monday-Thursday (9am-4pm EST).
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/ANH T DANG/ Primary Examiner, Art Unit 3771
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