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 .
Response to Amendment
The Amendments under 37 CFR 1.132 filed 12/29/2025 is sufficient to overcome the current rejection of independent claims 1, 3, and 8 with the newly added amendments.
Newly added claims 15-20 are acknowledged.
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/29/2025, with respect to the rejection(s) of independent claim(s) 1, 3, and 8 under 35 USC 103 have been fully considered and are not persuasive.
Sani teaches a holding case main body (Fig 1; handle unit 2), and a base unit (Fig 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13)) that is fixed inside the grip and the holding case main body (Fig 6; wires disposed within handle unit 2 and grip 7), and the base unit being arranged entirely inside of the grip and the holding case main body (Fig 6; wires/cables located entirely within holding case 2 and grip 7), a plurality of switches configured to receive input from the operator (Fig 6; switches 11 and 12), and a flexible board comprising a plurality of electric wirings (Fig 6; wires connecting switches to power cable 13) ([0044] the switches 11, 12 are configured to be provided integral to the stationary handle 7), the flexible board connecting the plurality of switches (Fig 7) and the circuit board (Fig 7; Control unit/Power unit 31), and protruding outward from the circuit board ([0044] In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side).
Further, Beardsley teaches a circuit board configured to receive signals from the plurality of switches (Fig 1; control board 130) ([17] Instrument Module 110 may also include a clamp button 170 and a return button 180), the flexible board connecting the plurality of switches and the circuit board ([13] At least one control board 130 is connected, on the one hand, electrically to battery 120, and, on the other hand, to at least one motor 140. To this end, electric contacts (not shown) are provided on an upper side of battery 120 for establishing an electric connection with at least one control board 130. Additionally, at least one control board 130 electrically communicates with at least one processor (not shown) for enabling flow of electrosurgical energy between the energy source (e.g., battery 120) and each motor 140) ([14] Each motor 140 is configured to include, for instance, a drive shaft 142. Drive shaft 142 defines an operative axis of rotation "B." Each motor 140 is configured to actuate a function or operation of an end effector assembly (not shown), including but not limited to, articulating, rotating, closing of the jaw members, ejecting fasteners, cutting, and the like), and protruding outward from the circuit board (Fig 1A; buttons 170 and 180 protruding outward).
Allowable Subject Matter
Claims 16, 18, and 20 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanai (US 20150051516 A1) in view of Beardsley (US 8894647 B2), further in view of Morgan (US 20010049524 A1).
Regarding claim 1, Sanai teaches an energy treatment instrument comprising: a grip (Fig 1; grip 7) configured to be gripped by an operator; a movable handle configured to open and close with respect to the grip (Fig 1; movable handle 8); a transducer (Fig 1; transducer unit 3) configured to generate ultrasound vibrations ([0038] transducer is provided such that ultrasonic vibrations and a high-frequency signal are transmitted) according to a supplied electric power (Fig 1; power unit 31); a holding case main body (Fig 1; handle unit 2) that houses the transducer (Fig 1; transducer unit 3) and is connected to the grip (Fig 1; handle unit 2, transducer unit 3, and grip 7); a first ultrasound terminal that is arranged in the transducer (Fig 4; contact terminal US1 24a); a first high-frequency terminal that is arranged in the grip (Fig 3; contact terminal (HF1) 27a); and a base unit (Fig 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13)) that is fixed inside the grip and the holding case main body (Fig 6; wires disposed within handle unit 2 and grip 7), and the base unit being arranged entirely inside of the grip and the holding case main body (Fig 6; wires/cables located entirely within holding case 2 and grip 7), wherein the base unit includes: a second ultrasound terminal (Fig 4; contact terminal US1 24b) abutting the first ultrasound terminal; and a second high-frequency terminal (Fig 4; HF1 27b) abutting the first high-frequency terminal in order to electrically connect the first high-frequency terminal and; and a cable (Fig 4; power cable 13) that is electrically connected to a control device (Fig 4; power unit 31), wherein the second ultrasound terminal and the second high-frequency terminal are electrically connected to the cable (Fig 4; power cable 13); a tubular-shaped terminal holding portion that holds the second ultrasound terminal and the second high-frequency terminal, the tubular-shaped terminal holding portion surrounding at least a portion of the transducer (Fig 1 and 2; cylindrical opening of the handle unit 2 that connects to the terminals of the base unit to the terminals of the transducer unit 3 and surrounds at least a portion of the transducer), a plurality of switches configured to receive input from the operator (Fig 6; switches 11 and 12), and a flexible board comprising a plurality of electric wirings (Fig 6; wires connecting switches to power cable 13) ([0044] the switches 11, 12 are configured to be provided integral to the stationary handle 7), the flexible board connecting the plurality of switches (Fig 7) and the circuit board (Fig 7; Control unit/Power unit 31), and protruding outward from the circuit board ([0044] In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side).
Sani fails to fully teach a base unit that is arranged in the grip that is made from a material having an electrical insulation property, and that is fixed inside the grip by a fixing member, the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body, a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board; wherein the base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable.
However, Beardsley teaches and a base unit that is-arranged-in-the-grip that is fixed inside the grip by a fixing member ([20] Once instrument shell 110 is fully inserted into outer housing shell 280, instrument shell cover 290 is rotated, in direction "C," in order to create a secure seal with outer housing shell 280); a holding case main body that is connected to the grip ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290); the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body ([Fig 3; [12] Lower instrument module half 110B includes a battery 120 (or energy source) and at least one control board 130. Battery 120 and at least one control board 130 are disposed within inner housing shell 111. Lower instrument module half 110B is configured to be gripped by a user, such as surgeon, during a surgical procedure. Additionally, upper instrument module half 110A and lower instrument module half 110B may combine to form a substantially L-shaped or pistol-grip configuration) ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290, in accordance with an embodiment of the present disclosure is presented); a circuit board configured to receive signals from the plurality of switches (Fig 1; control board 130) ([17] Instrument Module 110 may also include a clamp button 170 and a return button 180), the flexible board connecting the plurality of switches and the circuit board ([13] At least one control board 130 is connected, on the one hand, electrically to battery 120, and, on the other hand, to at least one motor 140. To this end, electric contacts (not shown) are provided on an upper side of battery 120 for establishing an electric connection with at least one control board 130. Additionally, at least one control board 130 electrically communicates with at least one processor (not shown) for enabling flow of electrosurgical energy between the energy source (e.g., battery 120) and each motor 140) ([14] Each motor 140 is configured to include, for instance, a drive shaft 142. Drive shaft 142 defines an operative axis of rotation "B." Each motor 140 is configured to actuate a function or operation of an end effector assembly (not shown), including but not limited to, articulating, rotating, closing of the jaw members, ejecting fasteners, cutting, and the like), and protruding outward from the circuit board (Fig 1A; buttons 170 and 180 protruding outward). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a base unit that is arranged in the grip that is fixed inside the grip by a fixing member; the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body; a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board. Doing so integrally connects the individual parts to one member for simplicity of connections within the holding case.
Further, Morgan teaches a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable ([0063] The portion of the electrosurgical tool 10 to which the cable 21 is attached is a hub 42. The hub 42, which is the most rearwardly positioned portion of the tool 10 is formed from a plastic such as PVC or ABS. The hub 42, now described in detail by reference to FIGS. 3 and 4) ([0068] Wires 79 from the printed circuit board 78 extend through passageway 80 so that they can be connected to the socket pins 54 integral with hub 42). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable. Doing so allows wires and cables to be received in the hub for organization and proper connectivity.
Regarding claim 2, Sanai teaches The energy treatment instrument according to claim 1, the ultrasound transducer including: a plurality of piezoelectric devices ([0058] The ultrasonic vibration element 23 outputs, for example, a predetermined frequency (number of vibrations) by using stacked piezoelectric elements) configured to generate ultrasound vibrations based on an alternating current ([0059] the ultrasonic vibration element (piezoelectric element) is alternating current (AC)); a front mass (Fig 3; horn section 22); a back mass that is electrically connected to an end effector, the back mass being configured to sandwich the piezoelectric devices that are laminated, with the front mass (Fig 6; ultrasonic vibration element (piezoelectric element) 23, electrical conduction part 40); and a first electrode plate and a second electrode plate that are arranged alternately between adjacent piezoelectric devices ([0052] the cylindrical contact-point member may have a rounded curved plate shape) ([0053] an electrical contact-point structure, which rotatably slides, is constituted by the cylindrical contact-point members 24a, 27a, 26a and the contact terminals 24b, 27b, 26b), the first electrode plate and the second electrode plate being supplied with the alternating current ([0057] The cylindrical contact-point members 24a, 26a are a part of the current path through which AC driving power for driving the ultrasonic vibration element 23 flows via internal wiring), wherein: the first high-frequency terminal is electrically connected to the back mass (Fig 6; HF in the back mass), a pair of second ultrasound terminals that include: a third ultrasound (Fig 4; US2 26a) terminal electrically connected to the first electrode plate arranged at a position closer to the back mass (plates are arranged in a step formation) than to the first electrode plate and the second electrode plate (Fig 3; terminal 26a is closer to the back mass than to the first); and a fourth ultrasound (Fig 4; US2 26b) terminal that is electrically connected to the second electrode plate (Connective plates are between terminals) through another one of the pair of first electrode terminals, and the third ultrasound terminal is arranged between the fourth ultrasound terminal and the second high-frequency terminal (Fig 4; HF2 30).
Regarding claim 3, Sani teaches an energy treatment instrument comprising: an end effector (Fig 1; probe distal end portion 4a) configured to apply an energy to treat a living tissue ([0004] treatment instrument for performing incision and coagulation treatment on a living body tissue by using ultrasonic vibrations); a grip configured to support the end effector (Fig 1; grip 7); a movable handle configured to open and close with respect to the grip (Fig 1; movable handle 8); a holding case main body (Fig 6; handle unit 2) that houses the transducer (Fig 1; transducer unit 3) and is connected to the grip (Fig 1; transducer unit 3 and grip 7); a first terminal that is electrically connected to the end effector (Fig 4; HF1 27a), the first terminal and the end effector being configured to rotate ([0055] In the electrical connection between the cylindrical contact-point member 18a and contact terminal 30, since these rotates as one body, if the electrical connection is proper when the transducer unit 3 is connected to the handle unit 2, the connection state is maintained also when the jaw 15 is rotated) with respect to the grip about a center axis of the end effector ([0064] fixed contact terminals 24b, 26b, 27b and 30); and a base unit (Fig 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13)) that is arranged in the grip (Fig 1; stationary handle 7) and the holding case main body (Fig 6; wires/cables located entirely within holding case 2 and grip 7), and the base unit being arranged entirely inside of the grip and the holding case main body (Fig 6; wires/cables located entirely within holding case 2 and grip 7), the base unit including: a second terminal (Fig 4; HF1 27b) abutting the first terminal in order to electrically connect the first terminal and a cable (Fig 4; cable 13) electrically connected to a control device outside the energy treatment instrument (Fig 4; power unit 31), and a cable that is electrically connected to a control device (Fig 4; power cable 13), a tubular-shaped terminal holding portion that holds the second ultrasound terminal and the second high-frequency terminal, the tubular-shaped terminal holding portion surrounding at least a portion of the transducer (Fig 1 and 2; cylindrical opening of the handle unit 2 that connects to the terminals of the base unit to the terminals of the transducer unit 3 and surrounds at least a portion of the transducer); a plurality of switches configured to receive input from the operator (Fig 6; switches 11 and 12), and a flexible board comprising a plurality of electric wirings (Fig 6; wires connecting switches to power cable 13) ([0044] the switches 11, 12 are configured to be provided integral to the stationary handle 7), the flexible board connecting the plurality of switches (Fig 7) and the circuit board (Fig 7; Control unit/Power unit 31), and protruding outward from the circuit board ([0044] In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side); and wherein the second terminal and the switches are electrically connected to the cable (Fig 4; switches 11 and 12 connected to power cable 13).
Sani fails to teach a base unit that is arranged in the grip that is made from a material having an electrical insulation property, and that is fixed inside the grip by a fixing member, the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body, a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable; a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board.
Further, Beardsley teaches and a base unit that is-arranged-in-the-grip that is fixed inside the grip by a fixing member ([20] Once instrument shell 110 is fully inserted into outer housing shell 280, instrument shell cover 290 is rotated, in direction "C," in order to create a secure seal with outer housing shell 280); a holding case main body that is connected to the grip ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290); the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body ([Fig 3; [12] Lower instrument module half 110B includes a battery 120 (or energy source) and at least one control board 130. Battery 120 and at least one control board 130 are disposed within inner housing shell 111. Lower instrument module half 110B is configured to be gripped by a user, such as surgeon, during a surgical procedure. Additionally, upper instrument module half 110A and lower instrument module half 110B may combine to form a substantially L-shaped or pistol-grip configuration) ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290, in accordance with an embodiment of the present disclosure is presented); a circuit board configured to receive signals from the plurality of switches (Fig 1; control board 130) ([17] Instrument Module 110 may also include a clamp button 170 and a return button 180), the flexible board connecting the plurality of switches and the circuit board ([13] At least one control board 130 is connected, on the one hand, electrically to battery 120, and, on the other hand, to at least one motor 140. To this end, electric contacts (not shown) are provided on an upper side of battery 120 for establishing an electric connection with at least one control board 130. Additionally, at least one control board 130 electrically communicates with at least one processor (not shown) for enabling flow of electrosurgical energy between the energy source (e.g., battery 120) and each motor 140) ([14] Each motor 140 is configured to include, for instance, a drive shaft 142. Drive shaft 142 defines an operative axis of rotation "B." Each motor 140 is configured to actuate a function or operation of an end effector assembly (not shown), including but not limited to, articulating, rotating, closing of the jaw members, ejecting fasteners, cutting, and the like), and protruding outward from the circuit board (Fig 1A; buttons 170 and 180 protruding outward). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a holding case main body that houses the transducer and is connected to the grip; and a base unit that is arranged in the grip that is fixed inside the grip by a fixing member; the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body; a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board. Doing so integrally connects the individual parts to one member for simplicity of connections within the holding case.
Further, Morgan teaches a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable ([0063] The portion of the electrosurgical tool 10 to which the cable 21 is attached is a hub 42. The hub 42, which is the most rearwardly positioned portion of the tool 10 is formed from a plastic such as PVC or ABS. The hub 42, now described in detail by reference to FIGS. 3 and 4) ([0068] Wires 79 from the printed circuit board 78 extend through passageway 80 so that they can be connected to the socket pins 54 integral with hub 42). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable. Doing so allows wires and cables to be received in the hub for organization and proper connectivity.
Regarding claim 8, Sanai teaches an energy treatment instrument comprising: a transducer that includes a first terminal (Fig 4; US1 27a), the transducer being configured to generate ultrasound vibrations by an electric power supplied from the first terminal (Fig 4; US1 connected to power unit 31); a grip (Fig 1; grip 7) that is gripped by an operator; a holding case main body (Fig 6; handle unit 2) that is connected to the grip (Fig 1; transducer unit 3 and grip 7); a movable handle configured to open and close with respect to the grip (Fig 1; movable handle 8); and a base unit (Fig 1 and 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13)), that is arranged in the grip (Fig 2; handle unit 2 arranged to be fixed within grip 7), and the base unit being arranged entirely inside of the grip and the holding case main body (Fig 6; wires/cables located entirely within holding case 2 and grip 7) the base unit including: a plurality of switches configured to receive input from the operator (Fig 6; switches 11 and 12), and a flexible board comprising a plurality of electric wirings (Fig 6; wires connecting switches to power cable 13) ([0044] the switches 11, 12 are configured to be provided integral to the stationary handle 7), the flexible board connecting the plurality of switches (Fig 7) and the circuit board (Fig 7; Control unit/Power unit 31), and protruding outward from the circuit board ([0044] In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side); a second terminal configured to abut on the first terminal (Fig 4; US1 27b); a cable (Fig 4; cable 13) configured to electrically connect the second terminal and a control device spaced apart from and connected to the transducer, the grip and the base unit (Fig 1; cable 13 attaches to power unit 31 outside of the instrument); a tubular-shaped terminal holding portion that holds the second ultrasound terminal and the second high-frequency terminal, the tubular-shaped terminal holding portion surrounding at least a portion of the transducer (Fig 1 and 2; cylindrical opening of the handle unit 2 that connects to the terminals of the base unit to the terminals of the transducer unit 3 and surrounds at least a portion of the transducer); wherein the second terminal and the cable are electrically connected (Fig 4; power cable 13).
Sani fails to teach a base unit that is arranged in the grip that is made from a material having an electrical insulation property, and that is fixed inside the grip by a fixing member, the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body; a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board; and wherein the base unit is configured as an electrically insulated wiring hub that connects the second terminal to the cable.
Further, Beardsley teaches and a base unit that is-arranged-in-the-grip that is fixed inside the grip by a fixing member ([20] Once instrument shell 110 is fully inserted into outer housing shell 280, instrument shell cover 290 is rotated, in direction "C," in order to create a secure seal with outer housing shell 280); a holding case main body that is connected to the grip ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290); the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body ([Fig 3; [12] Lower instrument module half 110B includes a battery 120 (or energy source) and at least one control board 130. Battery 120 and at least one control board 130 are disposed within inner housing shell 111. Lower instrument module half 110B is configured to be gripped by a user, such as surgeon, during a surgical procedure. Additionally, upper instrument module half 110A and lower instrument module half 110B may combine to form a substantially L-shaped or pistol-grip configuration) ([18] Referring to FIG. 2, a method of inserting a reusable surgical instrument module 110 into an outer housing shell 280 having a hinged instrument cover shell 290, in accordance with an embodiment of the present disclosure is presented), a circuit board configured to receive signals from the plurality of switches (Fig 1; control board 130) ([17] Instrument Module 110 may also include a clamp button 170 and a return button 180), the flexible board connecting the plurality of switches and the circuit board ([13] At least one control board 130 is connected, on the one hand, electrically to battery 120, and, on the other hand, to at least one motor 140. To this end, electric contacts (not shown) are provided on an upper side of battery 120 for establishing an electric connection with at least one control board 130. Additionally, at least one control board 130 electrically communicates with at least one processor (not shown) for enabling flow of electrosurgical energy between the energy source (e.g., battery 120) and each motor 140) ([14] Each motor 140 is configured to include, for instance, a drive shaft 142. Drive shaft 142 defines an operative axis of rotation "B." Each motor 140 is configured to actuate a function or operation of an end effector assembly (not shown), including but not limited to, articulating, rotating, closing of the jaw members, ejecting fasteners, cutting, and the like), and protruding outward from the circuit board (Fig 1A; buttons 170 and 180 protruding outward). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a holding case main body that houses the transducer and is connected to the grip; and a base unit that is arranged in the grip that is fixed inside the grip by a fixing member; the base unit extending from an end portion of the grip that is distal to the holding case main body to an interior of the holding case main body; a circuit board configured to receive signals from the plurality of switches, the flexible board connecting the plurality of switches and the circuit board, and protruding outward from the circuit board. Doing so integrally connects the individual parts to one member for simplicity of connections within the holding case.
Further, Morgan teaches a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable ([0063] The portion of the electrosurgical tool 10 to which the cable 21 is attached is a hub 42. The hub 42, which is the most rearwardly positioned portion of the tool 10 is formed from a plastic such as PVC or ABS. The hub 42, now described in detail by reference to FIGS. 3 and 4) ([0068] Wires 79 from the printed circuit board 78 extend through passageway 80 so that they can be connected to the socket pins 54 integral with hub 42). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a base unit is configured as an electrically insulated wiring hub that connects the second ultrasound terminal and the second high-frequency terminal to the cable. Doing so allows wires and cables to be received in the hub for organization and proper connectivity.
Regarding claim 9, Sanai teaches the energy treatment instrument according to claim 8, wherein the base member includes a hole to be fixed in the grip with screws ([0063] The mounting in the handle unit 2 may be performed by fixation by screw engagement, by forming screw portions on mutual contact parts of the handle unit 2 and transducer unit 3).
Regarding claim 10, Sanai teaches the energy treatment instrument according to claim 8, wherein the cable comprises a plurality of cables, and the base member includes a band to put the cables together (Fig 3; plurality of cables bound together to form cable 13).
Regarding claim 11, Sanai teaches the energy treatment instrument according to claim 8, wherein the base member includes a second-terminal holding member having an inner diameter larger than an outer diameter of the transducer, and the second terminal is arranged outside the second-terminal holding member (Fig 5; handle unit 2 configured to fit the transducer inside and is arranged outside the second terminal holding member).
Regarding claim 12, Sani teaches the energy treatment instrument according to claim 1, wherein the base unit (Fig 1 and 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13), the cable protrudes outward of the grip (Fig 1; cable 13) and is electrically connected to an external control device (Fig 1; power unit 31), and wherein the cable is configured to transmit electrical power (Fig 1; cable 13 and power unit 31). Sani fails to teach a circuit board, the circuit board being smaller in size than the base unit.
However, Morgan teaches a circuit board (Fig 2; circuit board 78) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), the circuit board (Fig 2; circuit board 78) being smaller in size than the base unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a circuit board, the circuit board being smaller in size than the base unit. Doing so allows for switches on the device to control specific actions for operation.
Regarding claim 13, Sani teaches the energy treatment instrument according to claim 3, further comprising: a plurality of switches configured to receive input from the operator (Fig 1 and 2; switches 11/12), the base unit (Fig 1 and 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13), wherein the cable protrudes outward of the grip (Fig 1; cable 13) and is electrically connected to an external control device (Fig 1; power unit 31), and wherein the cable is configured to transmit electrical power (Fig 1; cable 13 and power unit 31). Sani fails to teach a circuit board configured to receive signals from the plurality of switches, the circuit board being smaller in size than the base unit.
However, Morgan teaches a circuit board (Fig 2; circuit board 78) configured to receive signals from the plurality of switches (Fig 1; switches 29 and 30) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), the circuit board (Fig 2; circuit board 78) being smaller in size than the base unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a circuit board configured to receive signals from the plurality of switches, the circuit board being smaller in size than the base unit. Doing so allows for switches on the device to control specific actions for operation.
Regarding claim 14, Sani teaches the energy treatment instrument according to claim 8, further comprising: a plurality of switches configured to receive input from the operator (Fig 1 and 2; switches 11/12), the base unit (Fig 1 and 2; internal components of grip 7 (the wires going from buttons 11/12 and terminals 24, 26, 27, 29 to the cable 13), wherein the cable protrudes outward of the grip (Fig 1; cable 13) and is electrically connected to an external control device (Fig 1; power unit 31), and wherein the cable is configured to transmit electrical power (Fig 1; cable 13 and power unit 31). Sani fails to teach a circuit board configured to receive signals from the plurality of switches, the circuit board being smaller in size than the base unit.
However, Morgan teaches a circuit board (Fig 2; circuit board 78) configured to receive signals from the plurality of switches (Fig 1; switches 29 and 30) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), the circuit board (Fig 2; circuit board 78) being smaller in size than the base unit. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include a circuit board configured to receive signals from the plurality of switches, the circuit board being smaller in size than the base unit. Doing so allows for switches on the device to control specific actions for operation.
Regarding claim 15, Sani teaches the energy treatment instrument according to claim 1, but fails to fully teach on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts.
However, Morgan teaches on the circuit board (Fig 2; circuit board 78), a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches (Fig 1; switches 29 and 30) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts ([0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts. Doing so allows for the ability to select of the mode of the instrument by communication between the switches and instrument depending on what is needed.
Regarding claim 17, Sani teaches the energy treatment instrument according to claim 3, but fails to fully teach on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts.
However, Morgan teaches on the circuit board (Fig 2; circuit board 78), a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches (Fig 1; switches 29 and 30) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts ([0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts. Doing so allows for the ability to select of the mode of the instrument by communication between the switches and instrument depending on what is needed.
Regarding claim 19, Sani teaches the energy treatment instrument according to claim 8, but fails to fully teach on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts.
However, Morgan teaches on the circuit board (Fig 2; circuit board 78), a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches (Fig 1; switches 29 and 30) ([0070] The top surface of the printed circuit board 78 is formed to have two conductive traces 92 and 94 that are arranged in one location to form a contact pad 96 for switch 30. A branch of conductive trace 92, in combination with a third conductive trace 98, are arranged at a second location on the printed circuit board to form a contact pad 102 for switch 29), and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts ([0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sani to include on the circuit board, a plurality of electronic parts and a plurality of electric wirings are mounted thereon, the plurality of electric wirings are configured to electrically connect the plurality of switches, and the circuit board is configured to detect operations executed by the plurality of switches with the plurality of electric wirings by using the plurality of electronic parts. Doing so allows for the ability to select of the mode of the instrument by communication between the switches and instrument depending on what is needed.
The applied reference has a common Applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim(s) 4, 5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanai (US 20150051516 A1) in view of Beardsley (US 8894647 B2) and Morgan (US 20010049524 A1), further in view of Conlon (US 20170312044 A1).
Regarding claim 4, Sani teaches the energy treatment instrument according to claim 3, but fails to teach wherein the switches are each configured to execute an operation, wherein the base unit includes a circuit board, and on the circuit board, an electric wiring and an electronic part are mounted thereon, the electric wiring is configured to electrically connect to at least one of the switches, and the electronic part is configured to detect the operation executed the on the at least one of the switches by using the electric wiring. However, Conlon teaches wherein the switches are each configured to execute an operation (Fig 10; first switch 508, second switch 512) (Fig 5; pressure switch 318), wherein the base unit includes a circuit board, and on the circuit board, an electric wiring and an electronic part are mounted thereon, the electric wiring is configured to electrically connect to at least one of the switches ([0064] Processing circuit (316) is also in electrical communication with contact rings (310) and a pressure switch (318)) ([0085] FIG. 10 shows an exemplary circuit (500) that may be used to form processing circuit (412). Circuit (500) of this example comprises a piezoelectric power input (502), a full wave bridge rectifier (504), a capacitor (506), a first switch (508), an LED (510), and a second switch (512)), and the electronic part is configured to detect the operation executed the on the at least one of the switches by using the electric wiring. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sanai to include a switch devices that are connected to the circuit board by wiring and are configured to detect the operation executed by electrical wiring contacts. Doing so allows for switches for multiple operations that can be electrically connected to the circuit board by wiring for electrical communication to detect the operation executed by each of the switch devices.
Regarding claim 5, Sani teaches the energy treatment instrument according to claim 3, but fails to teach wherein the base unit further comprises a circuit board, and the circuit board includes a memory configured to store information. However, Conlon teaches wherein on the base unit further comprises a circuit board ([0087] counting circuit (514)), a memory configured to store information is mounted ([0087] counting circuit (514) may comprise an EEPROM). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sanai to include a circuit board comprising a memory. Doing so allows for data to be stored and retrieved that can rely information to and from the device.
Regarding claim 7, Sani teaches the energy treatment instrument according to claim 3, wherein the cable is attached to the base unit (Fig 1; power cable 13 attached to base unit 7 and power unit 31).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanai (US 20150051516 A1) in view of Beardsley (US 8894647 B2) and Morgan (US 20010049524 A1), further in view of Kanno (US 11213342 B2).
Regarding claim 6, Sanai teaches the energy treatment instrument according to claim 3, but fails to teach wherein at least a part of a surface of the base unit is covered with resin. However, Kanno teaches wherein at least a part of a surface of the base unit is covered with resin ([23] The housing 25 is, for example, a pair of resin mold housing members separated into a left part and a right part, connected to each other by a chemical means or a mechanical means). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the invention of Sanai to include a base unit that is at least partially covered with resin. Doing so allows for a hard outer coating that is non-conductive and protective.
Conclusion
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/ASHLEIGH LAUREN KERN/Examiner, Art Unit 3794
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794