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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al. (US 2007/0112359 A1).
Regarding claim 1, Kimura discloses a cartridge system (Figs. 14A-14B) comprising: a treatment instrument 60 configured to be loaded into an applicator (i.e., clip unit and applicator may be separated); a cartridge 70 in which an insertion port which the applicator is configured to be inserted into and pass through in an insertion/passage direction is formed and the treatment instrument is housed (Figs. 14A-14B); and a pack 90 in which a storage area that is configured to house the cartridge is formed (Figs. 14A-14B, wherein the cartridge is configured to transition to a first form in which the cartridge is housed in the storage area of the pack (i.e., as shown in Fig. 14B) and a second form in which at least a part protrudes from the storage area (Fig. 16), and wherein the pack is opened in accordance with transition of the cartridge from the first form to the second form (Figs. 14A-16).
Regarding claim 2, Kimura discloses the cartridge system according to claim 1. Kimura also discloses wherein the cartridge is a member that is configured to be deformed (i.e., Fig. 16 shows the ability for 70 to be bent with 90 in order to transition states) and is configured to transition from the first form to the second form through deformation (Fig. 16).
Regarding claim 3, Kimura discloses the cartridge system according to claim 1. Kimura also discloses wherein the cartridge protrudes from the storage area in a height direction that is orthogonal to the insertion/passage direction when the cartridge is in the second form (i.e., as shown in Fig. 16 through bending such that 70 would protrude from 90 in a height direction orthogonal to the passage direction).
Regarding claim 4, Kimura discloses the cartridge system according to claim 3. Kimura also discloses wherein the storage area of the pack is a space extending in a longitudinal direction, wherein the longitudinal direction and the insertion/passage direction approximately coincide with each other when the cartridge is in the first form (Figs. 14A-14B), and wherein the longitudinal direction and the insertion/passage direction intersect with each other when the cartridge is in the second form (Fig. 16).
Regarding claim 5, Kimura discloses the cartridge system according to claim 3. Kimura also discloses wherein the cartridge has a cartridge main body 73 and a holding member 74 that is configured to hold the cartridge main body (Figs. 19A-C), and wherein the holding member extends in the insertion/passage direction when the cartridge is in the first form (i.e., for example Fig. 17) and extends to intersect with the insertion/passage direction when the cartridge is in the second form (i.e., for example Fig. 17; see also paras. [0105], [0106]).
Regarding claim 6, Kimura discloses the cartridge system according to claim 3. Kimura also discloses wherein the cartridge is configured to transition from the first form to the second form by receiving an external force through the pack in the height direction (Fig. 16; see also paras. [0105], [0106]).
Regarding claim 7, Kimura discloses the cartridge system according to claim 3. Kimura also discloses wherein, in the height direction, the cartridge has a first height when the cartridge is in the first form (i.e., height is 0 or parallel to the longitudinal axis), and the cartridge has a second height larger than the first height when the cartridge is in the second form (Fig. 16; para. [0124]), and wherein the storage area of the pack is larger than the first height and smaller than the second height in the height direction when the cartridge is in the first form (i.e., at least because bending the cartridge causes the pack to break (paras. [0124], [0128]-[0129])).
Regarding claim 8, Kimura discloses the cartridge system according to claim 7. Kimura also discloses wherein the cartridge has a cartridge main body 73 and a holding member 74 that is configured to hold the cartridge main body (Figs. 15A-15B), and wherein the second height is a size between an end of the cartridge main body and an end of the holding member in the height direction (Fig. 16).
Regarding claim 9, Kimura discloses the cartridge system according to claim 1. Kimura also discloses wherein the cartridge protrudes from the storage area in the insertion/passage direction when the cartridge is in the second form (Fig. 16).
Regarding claim 10, Kimura discloses the cartridge system according to claim 9. Kimura also discloses wherein, in the insertion/passage direction, the pack has a first length when the cartridge is in the first form (Fig. 14), and the pack has a second length shorter than the first length when the cartridge is in the second form (Fig. 16; bending shortens the length).
Regarding claim 11, Kimura discloses the cartridge system according to claim 9. Kimura also discloses wherein the cartridge has a cartridge main body 73 and a holding member 74 that is configured to hold the cartridge main body (Fig. 15A-B), and wherein, in the insertion/passage direction, the cartridge has a third length when the cartridge is in the first form (i.e., in the straight position of Fig. 14), and the cartridge has a fourth length larger than the third length when the cartridge is in the second form (i.e., bent as shown in Fig. 16).
Regarding claim 12, Kimura discloses the cartridge system according to claim 9. Kimura also discloses wherein the cartridge is configured to transition from the first form to the second form by receiving an external force through the pack in the insertion/passage direction (paras. [0128]-[0129]; see also Fig. 16).
Regarding claim 13, Kimura discloses the cartridge system according to claim 9. Kimura also discloses wherein the cartridge is configured to transition from the first form to the second form by receiving a force through the pack in a height direction that is orthogonal to the insertion/passage direction (Fig. 16; paras. [0128]-[0129]).
Regarding claim 14, Kimura discloses the cartridge system according to claim 1. Kimura also discloses wherein the cartridge has a cartridge main body 73 and a holding member 74 that is configured to hold the cartridge main body (Figs. 15A-B), and wherein the cartridge is configured to transition from the first form to the second form in accordance with movement of the holding member with respect to the cartridge main body (paras. [0128]0[0129]).
Regarding claim 15, Kimura discloses the cartridge system according to claim 1. Kimura also discloses wherein the cartridge has a protrusion 74a that is configured to break the pack (para. [0128]).
Regarding claim 16, Kimura discloses the cartridge system according to claim 15. Kimura also discloses wherein the pack has a first wrapping member 90b and a second wrapping member 90a that is easier to break than the first wrapping member (i.e., at least because it is broken with “light force” para. [0128]), and wherein the protrusion protrudes toward the second wrapping member (para. [0128]).
Regarding claim 17, Kimura discloses the cartridge system according to claim 15. Kimura also discloses wherein the protrusion protrudes in a height direction that is orthogonal to the insertion/passage direction (para. [0128]; Fig. 15A-D).
Regarding claim 18, Kimura discloses the cartridge system according to claim 15. Kimura also discloses wherein the protrusion protrudes in the insertion/passage direction (Figs. 15A-16).
Regarding claim 19, Kimura discloses the cartridge system according to claim 15. Kimura also discloses wherein the cartridge has a cartridge main body 90a and an outer cylinder 90b in which the cartridge main body is configured to slide inside (i.e., 90a is capable of sliding inside 90b; see para. [0123]), and wherein the protrusion is configured to transition to a housing state in which the protrusion is housed inside of the outer cylinder (i.e., para. [0123]) and a protruded state in which the protrusion protrudes from the outer cylinder (i.e., Fig. 16, para. [0123]-[0124]).
Regarding claim 20, Kimura discloses the cartridge system according to claim 19. Kimura also discloses wherein the protrusion is in the housing state when the cartridge is in the first form (para. [0123]-[0124]), and wherein the protrusion is in the protruded state when the cartridge is in the second form (para. [0123]-[0124]; Fig. 16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
/BROOKE LABRANCHE/ Primary Examiner, Art Unit 3771
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