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 .
Status of Claims
Claims 1-3, 8, 9, 11-13, 17, 18, 20, 23-26, and 28-30 are pending, claims 11 and 12 are withdrawn from consideration, and claims 1-3, 8, 9, 13, 17, 18, 20, 23-26, and 28-30 are currently under consideration for patentability under 37 CFR 1.104.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the base of the instrument actuator (claim 1, 17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3, 9, 20, 23-25, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bendory et al. (U.S. 2020/0046213) in view of Palushi et al. (U.S. 2019/0167151).
With respect to claim 1, Bendory et al. teaches an apparatus, comprising:
a) a body (900);
b) a shaft assembly (924,923) extending distally from the body and defining a longitudinal axis a portion of the shaft assembly being configured to be inserted into an anatomical passageway associated with an ear, nose, or throat of a patient, the shaft assembly defining a working passageway that is dimensioned to slidably receive an instrument, the shaft assembly including an outermost surface (FIG. 21A);
c) an instrument actuator (912) coupled with the body, the instrument actuator being operable to drive an instrument longitudinally relative to the shaft assembly while the instrument is disposed in the working passageway;
d) a shaft actuation assembly (914) operatively coupled with a proximal portion of the shaft assembly, the shaft actuation assembly being translatable in a distal direction to extend at least the outermost surface of the shaft assembly distally along the longitudinal axis relative to the body, the shaft actuation assembly being translatable in a proximal direction tor extract at least the outermost surface of the shaft assembly proximally along the longitudinal axis relative to the body (para [0183]-[0184]); and
e) a shaft rotation assembly (921) positioned at a distal portion of the body (FIG. 21A), wherein: the shaft rotation assembly is (i) operable to rotate the shaft assembly about the longitudinal axis, and (ii) includes a rotary actuator that is configured to rotate about the longitudinal axis (para [0189]).
However, Bendory et al. does not teach an instrument actuator configured to define a cavity.
With respect to claim 1, Palushi et al. teaches an instrument actuator (28) coupled with a body, the instrument actuator being operable to drive an instrument longitudinally, the instrument actuator including a base slidably coupled with the body, wherein the base and the body cooperate to define a cavity therebetween (FIG. 1B,C);
wherein the cavity defined between the base of the instrument actuator and the body is configured to receive another actuation assembly therethrough during translation of the instrument actuator (FIG. 1B,C).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the instrument actuator of Bendory to define a cavity in the manner taught by Palushi et al. in order to allow the instrument actuator a full range of motion unlimited by the location of the shaft actuation assembly.
With respect to claim 2, Bendory et al. teaches the shaft actuation assembly being slidably coupled with the body, the shaft actuation assembly being configured to translate longitudinally relative to the body (para [0183]).
With respect to claim 3, Bendory et al. teaches a distal portion of the shaft assembly including a flexible section (924).
With respect to claim 8, Bendory et al. teaches a camera (926) positioned at a distal end of the shaft assembly (FIG. 29 for example)
With respect to claim 17, Bendory et al. teaches an apparatus, comprising:
a) a body (900);
b) a shaft assembly (924,923) extending distally from the body and defining a longitudinal axis, a portion of the shaft assembly being configured to be inserted into an anatomical passageway associated with an ear, nose, or throat of a patient, the shaft assembly including a flexible distal portion, the flexible distal portion being malleable (para [0078]) the shaft assembly defining a working passageway that is dimensioned to slidably receive an instrument (FIG. 21A);
c) a shaft actuation assembly (914) operatively coupled with a proximal portion of the shaft assembly, the shaft actuation assembly being operable to translate the shaft assembly longitudinally relative to the body, the shaft actuation assembly being translatable in a distal direction to extend at least he outermost surface of the shaft assembly distally along the longitudinal axis relative to the body, the shaft actuation assembly being translatable in a proximal direction to retract at least the outermost surface of the shaft assembly proximally along the longitudinal axis relative to the body (para [0183]-[0184]); and
d) a shaft rotation assembly (921) positioned at a distal portion of the body (FIG. 21A), wherein: the shaft rotation assembly is (i) operable to rotate the shaft assembly about the longitudinal axis, and (ii) includes a rotary actuator that is configured to rotate about the longitudinal axis (para [0189]); and
e) an instrument actuator (912) coupled with the body, the instrument actuator being operable to drive an instrument longitudinally relative to the shaft assembly while the instrument is disposed in the working passageway.
However, Bendory et al. does not teach an instrument actuator configured to define a cavity.
With respect to claim 17, Palushi et al. teaches an instrument actuator (28) coupled with a body, the instrument actuator being operable to drive an instrument longitudinally, the instrument actuator including a base slidably coupled with the body, wherein the base and the body cooperate to define a cavity therebetween (FIG. 1B,C), wherein the cavity defined between the base of the instrument actuator and the body is configured to receive another actuation assembly therethrough during translation of the instrument actuator (FIG. 1B,C).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the instrument actuator of Bendory to define a cavity in the manner taught by Palushi et al. in order to allow the instrument actuator a full range of motion unlimited by the location of the shaft actuation assembly.
With respect to claim 18, Bendory et al. teaches the shaft actuation assembly being slidably coupled with the body, the shaft actuation assembly being configured to translate longitudinally relative to the body (para [0183]).
With respect to claim 20, Bendory et al. teaches an apparatus, comprising:
a) a body including a distal end (900);
b) a shaft assembly (924,923) extending distally from the body and defining a longitudinal axis, a portion of the shaft assembly being configured to be inserted into an anatomical passageway associated with an ear, nose, or throat of a patient, the shaft assembly defining a working passageway that is dimensioned to slidably receive an instrument (FIG. 21A);
c) a shaft actuation assembly (914) operatively coupled with a proximal portion of the shaft assembly, the shaft actuation assembly being translatable in a distal direction to extend at least the outermost surface of the shaft assembly distally along the longitudinal axis relative to the body, the shaft actuation assembly being translatable in a proximal direction tor extract at least the outermost surface of the shaft assembly proximally along the longitudinal axis relative to the body (para [0183]-[0184]); and
d) a shaft rotation assembly (921) positioned at a distal portion of the body (FIG. 21A), wherein: the shaft rotation assembly is (i) operable to rotate the shaft assembly about the longitudinal axis, and (ii) includes a rotary actuator that is configured to rotate about the longitudinal axis (para [0189]); and
e) an instrument actuator (912) coupled with the body, the instrument actuator being operable to drive an instrument longitudinally relative to the shaft assembly while the instrument is disposed in the working passageway.
However, Bendory et al. does not teach an instrument actuator configured to define a cavity.
With respect to claim 20, Palushi et al. teaches an instrument actuator (28) coupled with a body, the instrument actuator being operable to drive an instrument longitudinally, the instrument actuator including a base slidably coupled with the body, wherein the base and the body cooperate to define a cavity therebetween (FIG. 1B,C), wherein the cavity defined between the base of the instrument actuator and the body is configured to receive another actuation assembly therethrough during translation of the instrument actuator (FIG. 1B,C).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify the instrument actuator of Bendory to define a cavity in the manner taught by Palushi et al. in order to allow the instrument actuator a full range of motion unlimited by the location of the shaft actuation assembly.
With respect to claim 23, Bendory et al. teaches the shaft assembly including an outermost surface, the shaft actuation assembly being translatable in the distal direction to extend at least the outermost surface of the shaft assembly distally along the longitudinal axis relative to the body, the shaft actuation assembly being translatable in the proximal direction to retract at least the outermost surface of the shaft assembly proximally along the longitudinal axis relative to the body (para [0183]-[0184]).
With respect to claim 24, Bendory et al. teaches the shaft rotation assembly rotary actuator including a thumbwheel (921).
With respect to claim 25, Bendory et al. teaches the thumbwheel being configured to rotate about the longitudinal axis (FIG. 25A for example).
With respect to claim 26, Bendory et al. teaches the flexible section is malleable (para [0078]).
With respect to claim 28, Bendory et al. teaches the shaft rotation assembly rotary actuator including a thumbwheel (921).
With respect to claim 29, Bendory et al. teaches a distal portion of the shaft assembly including a flexible section (924).
With respect to claim 30, Bendory et al. teaches the flexible section is malleable (para [0078]).
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bendory et al. (U.S. 2020/0046213) in view of Palushi et al. (U.S. 2019/0167151) as applied to claim 8 above and further in view of Herriges et al. (U.S. 2020/0305699).
Bendory et al. in view of Palushi et al. teaches an apparatus as set forth above. However, Bendory et al. in view of Palushi et al. does not teach a separator plate.
With respect to claim 9, Herriges et al. teaches an apparatus comprising a camera positioned at a distal end of a shaft assembly (FIG. 7), further comprising (i) a separator plate (198) fixed at the distal end of the shaft assembly to define the working passageway and a camera-receiving passageway separate from the working passageway (FIG. 9A,B) and (ii) an instrument positioned within the working passageway, the instrument being longitudinally slidable relative to the shaft assembly (para [0045]), the camera being fixed at the distal end of the shaft assembly within the camera-receiving passageway (FIG. 13A for example).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to modify Bendory et al. to utilize a separator plate in the manner taught by Herriges et al. in order to reduce the risk of the working tool contacting the soldered joint and/or the camera (para [0021] of Herriges et al.).
With respect to claim 13, Bendory et al. teaches the instrument includes an ablation instrument (para [0136]-[0137]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 17, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ALEXANDRA L NEWTON/ Primary Examiner, Art Unit 3799