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 § 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.
Claims 1-9, 24-25 and 27-33 are rejected under 35 U.S.C. 103 as being unpatentable over Beasley US 3,921,311 and in view of Miyazaki US 20160104394
Claim 1: The Beasley reference provides a teaching of a female pelvic educational model (see abstract) comprising:
a main body having a front side and a back side (see FIG. 1 front side areas aroud item 52 and 30 for the back side)
the front side having a shape defining a vulva and comprising an opening to an interior of the main body (see FIG. 1 item 78 and 76 and col. 4:5-15) and
the back side comprising an exterior surface and a tube-like structure extending outwards therefrom defining within a posterior canal, wherein the tube-like structure is open to the interior of the main body to form a vaginal canal with the opening in the front side (see FIG. 1 item 80 and 82 and col. 4:20-25),
wherein inside the tube-like structure at or near the end distal to the back side are one or more ring-like structures, or any combination thereof (see col. 4:30-40), defining one or both of a cervix and a cervix opening (see col. Col. 4:25-30).
The Beasley reference is silent on the teaching of wherein the back side, or at least the tube-like structure of the back side, is configured to allow for the passage of light into the interior of the main body and/or the posterior canal to provide an illuminated main body cavity having one or both of an illuminated visible cervix and an illuminated visible cervix opening.
However, the Miyazaki reference provides a teaching of wherein the back side, or at least the tube-like structure of the back side, is configured to allow for the passage of light into the interior of the main body and/or the posterior canal to provide an illuminated main body cavity having one or both of an illuminated visible cervix and an illuminated visible cervix opening (see paragraph 257 and 258).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasely reference with the feature of wherein the back side, or at least the tube-like structure of the back side, is configured to allow for the passage of light into the interior of the main body and/or the posterior canal to provide an illuminated main body cavity having one or both of an illuminated visible cervix and an illuminated visible cervix opening, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 2: The Beasley reference provides a teaching of wherein the exterior surface of the back side is a flat surface bounded by the shape defining the vulva of the front side (see col. 4:24-35).
Claim 3: The Beasley reference provides a teaching of the tube-like structure has a closed end distal to the back side of the main body (see col. 4:55-65).
Claim 4: The Beasley reference provides a teaching of wherein the wall formed by the closed end of the tube-like structure comprises one or more of a a circular or oval impression or any combination thereof, to define the cervix and the cervix opening (see col. 5:30-40).
Claim 5: The Beasley reference provides a teaching of wherein the circular or oval impression is a circular or oval dimple and/or circular or oval thinning of material defining the cervix opening (see col. 4:35-40).
Claim 6: The Beasley reference wherein the cervix is defined by a single ring-like structure protruding axially outwards from an inner surface of the wall formed by the closed end (see col. 4:50-55).
Claim 7: The Beasley reference provides a teaching wherein the cervix opening is defined by an inner void space within the ring-like structure (see col. 5:1-10).
Claim 8: The Beasley reference is silent on the teaching of wherein the entirety of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal.
However, the Miyazaki reference wherein the entirety of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal (see paragraph 242, 256).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley with the feature of the entirety of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 9: The Beasley reference is silent on the teaching of wherein only the tube-like structure of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal.
However, the Miyazaki reference provides a teaching of wherein only the tube-like structure of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal (see paragraph 257).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the with the feature of wherein only the tube-like structure of the back side is configured to allow for the passage of light into the interior of the main body and the posterior canal, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 24: The Beasley reference is silent on the teaching of comprising a stand.
However, the Miyazaki reference provides a teaching of comprising a stand (see paragraph 133 item 154 post).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of a stand, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 25: The Beasely references wherein the stand orients the posterior canal defined by the tube-like structure at an angle of 30° to 60° relative to a surface on which the stand sits.
However, the Miyazaki reference provides a teaching of the stand orients the posterior canal defined by the tube-like structure at an angle of 30° to 60° relative to a surface on which the stand sits (see paragraph 149).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of wherein the stand orients the posterior canal defined by the tube-like structure at an angle of 30° to 60° relative to a surface on which the stand sits, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 27: The Beasley reference is silent on the teaching of wherein the main body sits upon and is detachably engaged to the stand.
However, the Miyazaki reference provides a teaching of wherein the main body sits upon and is detachably engaged to the stand (see paragraph 145 removable from the post/base).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the with the feature of wherein the main body sits upon and is detachably engaged to the stand, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 28: The Beasley reference is silent on the teaching of wherein the stand comprises a base and one or more legs, the base having an aperture to receive the tube-like structure of the main body.
However, the Miyazaki reference provides a teaching of wherein the stand comprises a base (see FIG. 2 item 152) and one or more legs (see FIG. 2 item 160 and 162), the base having an aperture to receive the tube-like structure of the main body (see paragraph 206 item 210 and 212).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of wherein the stand comprises a base and one or more legs, the base having an aperture to receive the tube-like structure of the main body, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 29: The Beasley reference is silent on the teaching of wherein the back side of the main body rests upon an inwardly recessed portion of the base, the inwardly recessed portion defining the aperture.
However, the Miyazaki reference provides a teaching of wherein the back side of the main body rests upon an inwardly recessed portion of the base, the inwardly recessed portion defining the aperture (see paragraph 181). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of wherein the back side of the main body rests upon an inwardly recessed portion of the base, the inwardly recessed portion defining the aperture, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 30: The Beasley reference is silent on the teaching of wherein the inwardly recessed portion of the base is a depth sufficient for the front side to project and be positioned outside the recessed portion.
However, the Miyazaki reference provides a teaching of wherein the inwardly recessed portion of the base is a depth sufficient for the front side to project and be positioned outside the recessed portion (see paragraph 136).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of wherein the inwardly recessed portion of the base is a depth sufficient for the front side to project and be positioned outside the recessed portion, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 31: The Besasley reference is silent on the teaching of wherein the stand comprises two legs, each of the two legs forming a triangle shape by interconnection with opposing ends of the base.
However, the Miyazaki reference provides a teaching of wherein the stand comprises two legs (see FIG. 2 item 160 and 162), each of the two legs forming a triangle shape by interconnection with opposing ends of the base (see paragraph 134).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Miyazaki reference with the feature of wherein the stand comprises two legs, each of the two legs forming a triangle shape by interconnection with opposing ends of the base, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim 33: The Beasley i reference provides a teaching of a kit for conducting anatomical simulations, the kit comprising:- the female pelvic educational model (see FIG. 1 );
The Beasely reference is silent on the teaching of a stand. However the Miyazki rference proides a teaching of a stand (see paragraph 247). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of a stand, as taught by the Miyazaki reference, in order to develop realistic medical simulation for the training medical practitioners (see paragraph 3).
Claim(s) 32 is rejected under 35 U.S.C. 103 as being unpatentable over Beasley US 3,921,311
and in view of Miyazaki US 20160104394 and further in view of Pontrelli US20220266110A1
Claim 32: The Beasley reference is silent on the teaching of wherein the stand comprises a sticky portion on a bottom surface of the one or more legs.
However, the Pontrelli reference provides a teaching of wherein the stand comprises a sticky portion on a bottom surface of the one or more legs (see paragraph 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasley reference with the feature of wherein the stand comprises a sticky portion on a bottom surface of the one or more legs, as taught by the Pontrelli reference, in order to provide anti slip solution that prevent accident.
Claims 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Beasley US 3,921,311
and in view of Miyazaki US 20160104394 and further in view of Eggert US 5472345
Claim 35: The Beasely reference is silent on the teaching of further comprising a procedural tool, a swab, a lubricating substance, a feminine hygiene product or applicator, or any combination thereof.
However, the Eggert reference provides a teaching of a procedural tool (see col. 7:60-65 tenaculum forceps).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasely reference with the feature of a procedural tool, as taught by the Eggert reference, to provide a more realistic training simulator (see col. 1:35-43).
Claim 36: The Beasely reference is silent on the teaaching of wherein the procedural tool is a pap or pelvic exam instrument, a contraception device, a dilator device, a device for sexual health, a massage device, or a pelvic wand.
However, the Eggert reference provides a teaching of wherein the procedural tool is a pap or pelvic exam instrument (see col. 7:60-65 tenaculum forceps).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Beasely reference with the feature of wherein the procedural tool is a pap or pelvic exam instrumen, as taught by the Eggert reference, to provide a more realistic training simulator (see col. 1:35-43).
Allowable Subject Matter
Claims 10-12, 15-19, 21 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
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