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 .
Election/Restrictions
Applicant’s election of Species E in the reply filed on 9/14/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant lists claims 1, 7-9 and 11-15 as reading on the elected species. Claims 2-6, 10 and 16-20 are therefore withdrawn.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 12-15 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 12 includes that the arm is pivotally connected to a distal end of the arm, which is unclear (i.e., itself). For purposes of claim interpretation, claim 12 is being treated as though “and a distal end of the arm” has been deleted from the claim. Clarification and/or correction is required. Claims 13-15 depend from claim 12 and are therefore also indefinite.
Claim Rejections - 35 USC § 102
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, 7, 9 and 11-15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Muyari et al. (US 2008/0177135). Muyari discloses a medical assembly, comprising: a shaft (E) including a longitudinal axis; an attachment mechanism (tube part 3, which includes 38A) configured to be connected to a distal portion of the shaft; an end effector (33) pivotally coupled to the attachment mechanism via a hinge (pivot connection at 34, wherein “hinge” is being give its broadest reasonable interpretation of a type of joint that attaches things together while allowing for limited movement) and configured to move from a first orientation (fig. 7), where a longitudinal axis of the end effector is approximately parallel to the longitudinal axis of the shaft, to a second orientation (fig. 10), where an angle is formed between the longitudinal axis of the end effector and the longitudinal axis of the shaft; and a body (12) attached to a proximal end of the end effector, wherein manipulation of the body is configured to move the end effector between the first orientation and the second orientation (proximal movement of 12, when pin 37 contacts 33, causes rotation of 35 and 26; [0106]).
Regarding claim 7, the medical assembly further comprising: a first link (26) pivotally coupled to the attachment mechanism (at 23); and a second link (35) pivotally coupled to the first link and the end effector.
Regarding claim 9, in the first orientation, the first link and the second link are approximately parallel to the longitudinal axis of the shaft (fig. 7).
Regarding claim 11, Muyari discloses a medical assembly, comprising: a shaft (E) including a longitudinal axis; a proximal attachment mechanism (22b, which slidably attaches to sheath 12; see fig. 10, 11) configured to be connected to a distal portion of the shaft (E) (see fig. 9); a distal attachment mechanism (38A, which attaches to 22b and cap 7) configured to be connected to the distal portion of the shaft; and an end effector (33) hingedly connected to the distal attachment mechanism (at 23) and configured to move from a first orientation (fig. 7), where a longitudinal axis of the end effector is approximately parallel to the longitudinal axis of the shaft, to a second orientation (fig. 10), where an angle is formed between the longitudinal axis of the end effector and the longitudinal axis of the shaft.
Regarding claim 12, noting 35 USC 112b rejection above, the medical assembly of Muyari further comprises: an arm (26,35) pivotally connected to the distal attachment mechanism.
Regarding claim 13, the arm includes a first link (35) pivotally connected to a second link (26), wherein a distal end of the first link (35) is pivotally connected to the end effector (33), and wherein a proximal end of the second link (26) is pivotally connected to the distal attachment mechanism (at 23).
Regarding claim 14, the first link and the second link are approximately parallel to the longitudinal axis of the shaft when the end effector is in the first orientation (fig. 7), and at least one of the first link or the second link have a non-zero angle relative to the longitudinal axis of the shaft when the end effector is in the second orientation (fig. 10).
Regarding claim 15, the medical assembly of Muyari further comprises a device (e.g., pin or other pivot support forming rotational axis 34) configured to restrict movement of the arm. In particular, the pivot (34) restricts longitudinal movement of the first link (35) of the arm (35,26) relative to end effector (33) and only allows rotational movement of arm relative to the end effector (33).
Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ouchi (US 6,193,737). Ouchi discloses a medical assembly, comprising: a shaft (2) including a longitudinal axis; an attachment mechanism (1) configured to be connected to a distal portion of the shaft; an end effector (5b) pivotally coupled to the attachment mechanism via a hinge (connection at 4) and configured to move from a first orientation (fig. 1), where a longitudinal axis of the end effector (5b) is approximately parallel to the longitudinal axis of the shaft, to a second orientation (fig. 2), where an angle is formed between the longitudinal axis of the end effector and the longitudinal axis of the shaft; and a body (6) attached to a proximal end of the end effector (6 attached to 5b via intermediate member 12b), wherein manipulation of the body is configured to move the end effector between the first orientation and the second orientation (see figs. 1-2).
Regarding claim 7, the medical assembly further comprising: a first link (12a) pivotally coupled to the attachment mechanism (noting first link 12a pivots and slides relative to attachment mechanism 1 from fig. 1 to fig. 2; note also that first link 12a couples to 1 via intermediate members 11a at pivot shaft 4) and a second link (12b) pivotally coupled to the first link (at 9) and the end effector (5b) (at 7).
Regarding claim 8, the end effector includes an extension member (11b) extending laterally from the end effector (5b), and wherein the second link (12b) is pivotally coupled to the extension member (11b) by a pin (connecting shaft 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN SONNETT HOLWERDA whose telephone number is (571)272-5576. The examiner can normally be reached M-F, 8-5, with alternate Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KSH 9/25/2026
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
