DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the expandable portion" in line 8-9. There is insufficient antecedent basis for this limitation in the claim since the limitation ‘an expandable portion’ is not introduced until line 10 of the claim.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-17 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Callas et al (US 7276075).
Regarding claim 1, Callas et al (hereafter Callas discloses an endoscopic plug comprising: a base pad (23, 30, 21) located at a proximal end of the endoscopic plug and configured for positioning adjacent a body cavity opening, wherein the base pad is configured to create a seal (21, gas tight seal) between the body cavity opening and an external environment (C:4, L:45-47); a shaft (9) extending from the base pad to a distal end of the endoscopic plug and configured for insertion into a body cavity via the body cavity opening; and an expandable portion (11) positioned at the distal end of the endoscopic plug, wherein the expandable portion is configured to expand into an expanded position to securely seal the plug within a body cavity (figure 2).
Regarding claim 2, Callas discloses all of the limitations set forth in claim 1, wherein the expandable portion is configured to collapse into a collapsed position (figure 1) for insertion and removal of the shaft from the body cavity.
Regarding claim 3, Callas discloses all of the limitations set forth in claim 1, wherein the expandable portion is an inflatable balloon positioned around an outer circumference of the shaft (figure 2).
Regarding claim 4, Callas discloses all of the limitations set forth in claim 1, wherein the shaft includes a scope channel opening (35) for insertion of an endoscopic tool into the body cavity.
Regarding claim 5, Callas discloses all of the limitations set forth in claim 4, wherein the scope channel opening includes a seal (21) preventing a fluid or a gas from leaking from the body cavity to the external environment (C:4, L:35-45).
Regarding claim 6, Callas discloses all of the limitations set forth in claim 1, wherein the shaft includes an opening (35) to allow passage of a fluid or gas from an external environment to the expandable portion to expand and collapse the expandable portion.
Regarding claim 7, Callas discloses all of the limitations set forth in claim 6, wherein the opening is integrated into an outer circumference of the shaft (figure 5).
Regarding claim 8, Callas discloses a method of securing an endoscopic plug into a body cavity opening, the method comprising the steps of: inserting a distal end of a shaft of an endoscopic plug through a body cavity opening into a body cavity (hollow body), wherein the distal end of the shaft (9) includes an expandable portion (11) in a collapsed position; positioning a base pad (21) located at a proximal end of the endoscopic plug in an external environment against the body cavity opening (C:5, L:40-41); and expanding the expandable portion into an expanded position within the body cavity to securely seal the endoscopic plug within the body cavity (abstract, C:1, L:45-65).
Regarding claim 9, Callas discloses all of the limitations set forth in claim 8, further comprising collapsing the expandable portion into a collapsed position for removal of the shaft from the body cavity (abstract).
Regarding claim 10, Callas discloses all of the limitations set forth in claim 8, wherein the expandable portion is an inflatable balloon positioned around an outer circumference of the shaft that is inflated into the expandable position (figure 2).
Regarding claim 11, Callas discloses all of the limitations set forth in claim 10, further comprising inflating the inflatable balloon with air (17, air passage).
Regarding claim 12, Callas discloses all of the limitations set forth in claim 11, further comprising inflating the inflatable balloon via an opening (20) in the shaft which connects the inflatable balloon with an external environment.
Regarding claim 13, Callas discloses all of the limitations set forth in claim 8, wherein the positioning of the base pad against the body cavity opening creates a seal between the body cavity opening and an external environment (C:4, L:30-50; the limitation ‘between the body cavity opening and an external environment’ is sufficiently broad to encompass the seal 21 being between the body cavity opening and an external environment).
Regarding claim 14, Callas discloses all of the limitations set forth in claim 9, further comprising inserting an endoscopic tool into the body cavity through a scope channel opening (35) in the shaft (C:2, L:14-29).
Regarding claim 15, Callas discloses an endoscopic plug comprising: a base pad (23, 30, 21) located at a proximal end of the endoscopic plug and configured for positioning adjacent a body cavity opening, wherein the base pad is configured to create a seal (21) between the body cavity opening and an external environment(C:4, L:45-47); a shaft (9) extending from the base pad to a distal end of the endoscopic plug and configured for insertion into a body cavity via the body cavity opening, wherein the shaft includes an opening (35, 15) to allow passage of a fluid or gas from an external environment to an expandable portion (11) to expand and collapse the expandable portion; and the expandable portion (11) positioned at the distal end of the endoscopic plug, wherein the expandable portion is configured to expand into an expanded position to securely seal the plug within a body cavity (abstract).
Regarding claim 16, Callas discloses all of the limitations set forth in claim 15, wherein the expandable portion is configured to collapse into a collapsed position for insertion and removal of the shaft from the body cavity (figure 1).
Regarding claim 17, Callas discloses all of the limitations set forth in claim 15, wherein the expandable portion is an inflatable balloon positioned around an outer circumference of the shaft (figure 2).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH T DANG/
Primary Examiner, Art Unit 3771
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