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 .
Priority
This application is a CON of 17/342,976 06/09/2021 PAT 12232741
17/342,976 is a CON of PCT/JP2019/048489 12/11/2019 is acknowledged.
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.
Claim(s) 1-4, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0374381 to Satake et al. (Satake).
Satake teaches:
Claim 1: A cartridge system comprising:
a housing (50, Fig. 11);
a holder (63, Fig. 11) configured to be movable within the housing;
a clip unit (10, Fig. 11) supported by the holder (supported inside the housing 50);
wherein, in the longitudinal direction of the housing,
when the holder is positioned at a first position (Fig. 11), the holder is configured to hold the clip unit, and
when the holder is positioned at a second position (Figs. 1 and 25, displaced distally to release the clip 10) distal from the first position, the holder is configured to release the clip unit.
Claim 2: The housing (50) has a first opening (lumen of 50) into which a part of an applicator (62, 73 Fig. 11) connectable to the clip unit is insertable, and the holder is configured to slide within the housing when a force is applied from the applicator (para. 0075, wire 62 to be advanceable and retractable).
Claim 3: The holder (63) has a second opening (76a, Fig. 2) into which a part of the applicator (73) is insertable, and the clip unit is connected to the applicator when the applicator is inserted into the second opening (Fig. 2).
Claim 4: When the clip unit is held by the holder, the clip unit is configured to be restricted from moving relative to the holder (Fig. 2), and when the clip unit is released from the holder, the clip unit is configured to be movable relative to the holder (Fig. 25).
Claim 8: The clip unit (10) has an arm member (12, 13, Fig. 1) configured to open and close, and a tube (pressing tube 31, Fig. 1) configured to accommodate the arm member, the clip unit is housed in the housing (50) with a part of the arm member protruding from the proximal end of the tube (Fig. 24, the proximal portions 16, 17 of clip body 11 protrude from the proximal end of the tube 31).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5-7, 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Satake in view of US 2018/0085122 to Ryan et al. (Ryan).
Satake teaches:
The cartridge system according to claim 1 (See rejection of claim 1 above).
Claim 7: The clip unit (10, Fig. 1) has an elastic member (spring 36, Fig. 1), and the clip unit is configured to move the holder by an elastic force of the elastic member (functional limitation).
Claim 9: A cartridge system comprising: a housing (50, Fig. 11) housing a clip unit (10, Fig. 11).
Satake fails to teach:
Claim 5: The holder includes a first holder and a second holder, the clip unit is held by being inserted between the first holder and the second holder, and the holder is configured to release the clip unit by moving the first holder and the second holder away from each other.
Claim 6: The first holder and the second holder are configured to move by receiving a force from the clip unit.
Claim 9: A first holder and a second holder slidably housed in the housing; and a clip unit disposed between the first holder and the second holder, wherein the first holder and the second holder are configured to move independently within the housing.
Claim 10: The first holder and the second holder are configured to move in different directions within the housing.
Claim 11: The first holder and the second holder are configured to move away from each other within the housing.
Claim 14: In the longitudinal direction of the housing, the first holder and the second holder are configured to move forward in coordination, and in the direction intersecting the longitudinal direction, the first holder and the second holder are configured to move away from each other.
Ryan teaches:
Claim 5: Sacrificial coupler for reloadable hemostasis clipping device comprises a clip assembly (302, Fig. 4) connected to the control member (308) via a coupler (306), the coupler (306) having opposed arms (360, Fig. 4) for connecting with protrusion (326) of the clip assembly (302).
Claim 6: The first holder and the second holder (arms 360) are configured to move by receiving a force from the clip unit (302, para. 0048, the protrusion 326 of the clip 302 will disengaged from arms 360 when a force pulled 308 in proximal direction, therefore, 326 is forced 360 to open up and release 326).
Claim 9: A first holder and a second holder (arms 360, Fig. 4); and a clip unit disposed between the first holder and the second holder (part of the clip unit 302 disposed between the arms (360) for connecting the clip (302) with the coupler (306), wherein the first holder and the second holder are configured to move independently.
Claim 10: The first holder and the second holder (arms 360) are configured to move in different directions within the housing (the arms would have to open up in opposite directions to release protrusion 326).
Claim 11: The first holder and the second holder (arms 360) are configured to move away from each other within the housing (the arms would have to open up in opposite directions to release protrusion 326).
Claim 14: In the longitudinal direction of the housing, the first holder and the second holder (arms 360, Fig. 4) are configured to move forward in coordination (functional limitation, when the clip is within the housing before being deployed), and in the direction intersecting the longitudinal direction, the first holder and the second holder are configured to move away from each other (functional limitation, when the arms 360 open up to release the clip 302).
It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to modify the coupling connection (73) at the distal end of control member (62) of Satake with the coupling as taught by Ryan having two holders/arms for connecting with the clip assembly as it substitution of one known coupling device for another that would yield predictable result of connecting the control member to the clip assembly.
Allowable Subject Matter
Claims 12-13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 12, none of the prior art cited, taken alone or in combination, teaches the first holder and the second holder is restricted from moving by an engagement with the housing. Claim 13 also objected for depending on objected claim 12.
Claims 15-20 allowed.
The following is an examiner’s statement of reasons for allowance: Regarding base claim 15, none of the prior art cited, alone or in combination, teaches a cartridge system comprising a holder holding a clip within a housing, where the housing has a first region with a first width, a second region with a second width larger than the first width, wherein when a part of the holder positioned in the first width, the holder is configured to hold the clip, when a part of the holder is positioned in the second width, the holder is configured to release the clip.
The prior art US 2015/0374381 to Satake et al. disclose endoscope treatment tool comprising device having a clip unit having a clip inside the clip unit, the clip is held by a holder within a delivery catheter by a wire cable but fails to disclose the cartridge system with a housing/cartridge having different diameters for holding the releasing the clip as claimed.
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 PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771
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