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 Species A, drawn to figures 1-2A and 3, in the reply filed on August 21, 2026 is acknowledged.
Claims 4-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. As such, claims 1-3, 6-20 are pending in the instant application.
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) 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott (US 8,251,889).
Regarding claim 14, Scott discloses a tissue traction device (12), comprising: a first engagement member (32) having a first end (at 32, FIG. 1) and a second end (at 18, FIG. 1), with a body portion (14) positioned between the first end and the second end, one or more jaws (col. 6 ll. 7-48) extending from the first end, and one or more gripping members (e.g. 104, 106, FIGS. 10); a second engagement member (34) having a first end (at 34) and a second end (at 26), with a body portion (22) positioned between the first end and the second end, one or more jaws (col. 6 ll. 7-48) extending from the first end, and one or more gripping members (e.g. 104, 106, FIGS. 10); and a first tether (28) disposed between the first engagement member and the second engagement member.
Regarding claim 15, Scott discloses the tissue traction device of claim 14, wherein the first tether is elongatable (col. 5 l. 62 – col. 6 l. 6).
Regarding claim 16, Scott discloses the tissue traction device of claim 14, wherein the first tether is elastic (col. 5 l. 62 – col. 6 l. 6).
Regarding claim 17, Scott discloses the tissue traction device of claim 14, wherein the gripping members provide an interface for a grasping member to engage the engagement members to shift the jaws between open and closed configurations (e.g. 104, 106, FIGS. 10).
Allowable Subject Matter
Claims 1-3, 6-13, 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance: The claims contain similar subject matter to that allowed in parent application 18/517,165, now U.S. Patent No. 12,349,887.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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