CTNF 19/072,079 CTNF 91527 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Specifically, claim 7 fails to further limit the subject matter of the claim upon which it depends since it is a repeated claim of claim 6 . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 16-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Worrell (US Pub No. 2016/0302817) . Regarding claim 1, Worrell discloses ( Figures 20-25 ) a method of rotating a tool ( 40 ) relative to a sheath ( 32 ) to a plurality of predefined angular positions ( rotating about the yaw axis as shown in Figure 6B ), comprising: rotating an assembly ( 620 ) ( Figure 20 ) relative to a handle ( 20 ) away from a first predefined angular position ( Figure 22 ) to a second predefined angular position ( Figure 23 ); generating a first indexing feedback ( when locking teeth 666, 668 ratchets along one of the teeth 648, 650 ) at the assembly in response to rotating the assembly out of the first predefined angular position; and generating a second indexing feedback ( when locking teeth 666, 668 ratchets along another one of the teeth 648, 650 ) at the assembly in response to rotating the assembly into the second predefined angular position ( Paragraphs 0126- 0128 ); wherein the first predefined angular position is configured to maintain the tool at a first fixed orientation relative to the sheath, and the second predefined angular position is configured to maintain the tool at a second fixed orientation relative to the sheath ( Paragraphs 0119-0128 ). Regarding claim 16, Worrell discloses ( Figures 20-25 ) a method of rotating a tool ( 40 ) relative to a sheath ( 32 ) to a plurality of predefined angular positions ( rotating about the yaw axis as shown in Figure 6B ), comprising: rotating an assembly ( 620 ) ( Figure 20 ) relative to a handle ( 20 ) away from a first predefined angular position ( Figure 22 ) to a second predefined angular position ( Figure 23 ); wherein the first predefined angular position is configured to maintain the tool at a first fixed orientation relative to the sheath, and the second predefined angular position is configured to maintain the tool at a second fixed orientation relative to the sheath ( Paragraphs 0119-0128 ), compressing a gasket ( 636 ) ( by tilting the proximal end of the assembly 620 downwardly about a horizontal axis 696 which compresses the gasket 636 as shown in Figure 24B ) to: rotate the assembly from the first predefined angular position to the second predefined angular position; or rotate the assembly from the second predefined angular position to the first predefined angular position ( Figure 24B ) ( Paragraph 0128 ); and expanding the gasket ( by releasing pressure from the assembly 620 which expands the gasket as shown in Figure 24A ) of the assembly when the assembly is in the first predefined angular position or the second predefined angular position ( Figure 24A ) ( Paragraph 0128 ). Regarding a second rejection for claim 16, Worrell discloses ( Figures 20-25 ) a method of rotating a tool ( 40 ) relative to a sheath ( 32 ) to a plurality of predefined angular positions ( rotating about the yaw axis as shown in Figure 6B ), comprising: rotating an assembly ( 620 ) ( Figure 20 ) relative to a handle ( 632 ) away from a first predefined angular position ( Figure 22 ) to a second predefined angular position ( Figure 23 ); wherein the first predefined angular position is configured to maintain the tool at a first fixed orientation relative to the sheath, and the second predefined angular position is configured to maintain the tool at a second fixed orientation relative to the sheath ( Paragraphs 0119-0128 ), compressing a gasket ( 636 ) ( by tilting the proximal end of the assembly 620 downwardly about a horizontal axis 696 which compresses the gasket 636 as shown in Figure 24B ) to: rotate the assembly from the first predefined angular position to the second predefined angular position; or rotate the assembly from the second predefined angular position to the first predefined angular position ( Figure 24B ) ( Paragraph 0128 ); and expanding the gasket ( by releasing pressure from the assembly 620 which expands the gasket as shown in Figure 24A ) of the assembly when the assembly is in the first predefined angular position or the second predefined angular position ( Figure 24A ) ( Paragraph 0128 ). Regarding claim 17 under the first rejection for claim 16, wherein the gasket is disposed between a distal flange ( 612 ) and a distal end of a cap cover ( 632 ) ( Figures 20 and 24A ). Regarding claim 18 under the first or second rejections for claim 16, wherein the assembly releases the tool from at least one of the first predefined angular position and the second predefined angular position in response to a rotational force applied to the assembly ( Paragraphs 0126-0128 ). Regarding claim 19 under the second rejection for claim 16, wherein the assembly includes a plurality of protrusions ( 666, 668 ) extending distally ( Figure 21 ), and wherein the handle ( 632 ) includes a plurality of proximal-facing recesses ( space between each of the teeth 648, 650 as shown in Figure 20 ), wherein each recess of the plurality of proximal-facing recesses is configured to receive at least one protrusion of the plurality of protrusions in each of the first predefined angular position and the second predefined angular position ( Figures 20 and 22-23 ) ( Paragraphs 0126-0128 ). Regarding claim 20 under the first or second rejections for claim 16, wherein the assembly is configured to move linearly to compress the gasket ( Figure 24B ) ( Paragraph 0128 ) . 07-15 AIA Claim s 1 and 5-9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Bishop (US Patent No. 5,954,736) . Regarding claim 1, Bishop discloses ( Figures 1-7 ) a method of rotating a tool ( 190, 180’ ) relative to a sheath ( 130 ) to a plurality of predefined angular positions ( Figures 5 and 6 ) ( Col.12, lines 20-67 ), comprising: rotating an assembly ( 200 ) ( Figure 6 ) relative to a handle ( 220 ) away from a first predefined angular position to a second predefined angular position ( Figures 5 and 6 ) ( Col.12, lines 20-67 ); generating a first indexing feedback ( when opposed detents 236 ratchets along one of the teeth 234 as shown in Figure 7 ) at the assembly in response to rotating the assembly out of the first predefined angular position ( Col.12, lines 20-67 ); and generating a second indexing feedback ( when opposed detents 236 ratchets along another one of the teeth 234 as shown in Figure 7 ) at the assembly in response to rotating the assembly into the second predefined angular position ( Col.12, lines 20-67 ); wherein the first predefined angular position is configured to maintain the tool at a first fixed orientation relative to the sheath, and the second predefined angular position is configured to maintain the tool at a second fixed orientation relative to the sheath ( Col.12, lines 20-67 ). Regarding claim 5, wherein the handle ( 220 ) includes a plurality of arms ( 236 ) extending radially into a lumen of the handle ( Figure 7 ), wherein the lumen is configured to receive at least a portion of the assembly ( Figures 6 and 7 ), and wherein the assembly includes a plurality of recesses ( space between teeth 234 ) configured to receive the plurality of arms ( Figure 7 ) ( Col.12, lines 20-67 ). Regarding claim 6, wherein, in the first predefined angular position, at least one arm of the plurality of arms is configured to engage with a first recess ( one of the spaces between teeth 234 as shown in Figure 7 ) of the plurality of recesses, and wherein, in the second predefined angular position, the at least one arm of the plurality of arms is configured to engage with a second recess ( another one of the spaces between teeth 234 as shown in Figure 7 ) of the plurality of recesses ( Figure 7 ) ( Col.12, lines 20-67 ). Regarding claim 7, wherein, in the first predefined angular position, at least one arm of the plurality of arms is configured to engage with a first recess ( one of the spaces between teeth 234 as shown in Figure 7 ) of the plurality of recesses, and wherein, in the second predefined angular position, the at least one arm of the plurality of arms is configured to engage with a second recess ( another one of the spaces between teeth 234 as shown in Figure 7 ) of the plurality of recesses ( Figure 7 ) ( Col.12, lines 20-67 ). Regarding claim 8, wherein the assembly includes an opening ( see annotated figure below ) configured to receive the tool and fix the tool relative to the handle ( Figure 6 ), wherein the assembly is configured to maintain a position of the tool in at least one of the first predefined angular position and the second predefined angular position ( Figure 6 ) ( Col.12, lines 20-67 ). PNG media_image1.png 501 539 media_image1.png Greyscale Regarding claim 9, wherein the assembly releases the tool from at least one of the first predefined angular position and the second predefined angular position in response to a rotational force applied to the assembly ( Figure 6 ) ( Col.12, lines 20-67 ) . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 10-15 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 2-4 is 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 an examiner’s statement of reasons for indicating allowable subject matter in the dependent claims: The prior art of record fails to disclose or render obvious the combination of features as claimed. In particular, the prior art of record fails to disclose compressing a slot of the assembly to: (1) rotate the assembly from the first predefined angular position to the second predefined angular position; or (2) rotate the assembly from the second predefined angular position to the first predefined angular position; and expanding the slot of the assembly when the assembly is in the first predefined angular position or the second predefined angular position (claims 2 and 10). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (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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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771 Application/Control Number: 19/072,079 Page 2 Art Unit: 3771 Application/Control Number: 19/072,079 Page 3 Art Unit: 3771 Application/Control Number: 19/072,079 Page 4 Art Unit: 3771 Application/Control Number: 19/072,079 Page 5 Art Unit: 3771 Application/Control Number: 19/072,079 Page 6 Art Unit: 3771 Application/Control Number: 19/072,079 Page 7 Art Unit: 3771 Application/Control Number: 19/072,079 Page 8 Art Unit: 3771 Application/Control Number: 19/072,079 Page 9 Art Unit: 3771 Application/Control Number: 19/072,079 Page 10 Art Unit: 3771
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