DETAILED ACTIONS
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 Objections
Claim 14 is objected to because of the following informalities:
It appears that the word “he” of “he power supply” is spelled incorrectly in line 2 of claim 114.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 101 and 103 are rejected under 35 U.S.C. 103 as being unpatentable over Prion et
al. (US2016/0022146) in view of Aesculap (DE202011052047U1).
Regarding claim 101, Prion discloses a surgical port placement device, comprising: a cannula (access port 12); a single-use obturator inserted into the cannula (insertable imaging probe 20 may function as an introducer or obturator [0167], imaging probe 20 is inserted into access port 12; imaging probe 20 may be disposable [0158-0160], further, technically any component may be single-use); a re-usable hand piece removable coupled to the single-use obturator or the surgical port placement device via an interface located at a proximal end of the single use obturator (Fig. 6A: insertable image probe 20 includes a body portion 22 that is attachable to connectable to a handle portion 24 via a connection mechanism 40 [0160]; handle may or may not be disposable, suggesting reusability [0159]), wherein the interface provides a mechanical connection permitting a quick-connection (Fig. 6A: connection mechanism 40 [0160]; handle portion 25 may be mechanically and electrically connected to the body of portion [0161]); a camera integrated into a distal end of the single-use obturator (body port 22, of insertable imaging probe 20, houses one or more imaging elements 26 such as optical imaging [0148]; access port may have integrated imaging elements such as optical imaging devices and optical devices [0168]; optical imaging can be acquired with a video chip and integrated lens placed about the distal portion of the port [0361]); and a hybrid illumination component comprising i) a light transmission fiber residing next to the camera inside of the single-use obturator (optical fibers or light guides in the insertable imaging device, seen in Fig. 60 and/or optical fibers or light guides integrated in the walls of the access port, seen in Fig. 58, 59, and 60 [0355-0356]), wherein the camera is connected to a power supply and circuit located at the re-usable hand piece via an electrical connection provided by the interface to provide vision while the single-use obturator is in the cannula during a port placement procedure (handle portion 24 may be reusable [0159]; electrical and imaging components 26 may be used within handle [0160], handle portion 24 is mechanically and electrically connected to the body portion when the body portion is attached to the handle 24, using mechanism 40, pins or keys 42 and contacts 44 [0161]). While Prion briefly mentions a light source connected to the light transmission fiber located at the proximal end of the obturator or the cannula (light can be efficiently captured from an external light source using the ring located at the top of the port and the guided within the walls [0365] of the access port), Prion fails to provide further details of the light source, and its power source.
In the same field of endeavor, Aesculap teaches a similar device comprising a cannula (trocar sleeve 12) within the cannula, an obturator (Fig. 1: obturator 14 within sleeve 12), a handpiece coupled to the obturator (handle element 28, also 128 in Fig. 2), wherein the hand piece comprises a light source to transmit light through one or more light transmission fibers (Fig. 2: light source 142 may be in the form of an LED 144 emitting light through light guide 164 [0043]). Aesculap further teaches wherein the light source is connected to a power supply and circuit located at the hand piece (Fig. 2: light source 142 is connected to power supply element 146 through line 148 in handle element 28). Since Prion fails to show or disclose the specifics of the light source, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any light source known in the art, including the one taught by Aesculap, as the light source for Prion.
Regarding claim 103, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101. Prion further discloses wherein both the camera and the light transmission fiber reside at the distal end of the single-use obturator (body portion 22, of insertable imaging probe 20 houses one or more imaging elements 26 such as optical imaging [0148]; optical fibers or light guides in the insertable imaging device, seen in Fig. 60 [0355]), and wherein the re-usable hand piece is removably coupled to the single-use obturator (Fig. 6A: insertable image probe 20 includes a body portion 22 that is attachable or connectable to a handle portion 24).
Claim 104 is rejected under 35 U.S.C. 103 as being unpatentable over Prion in view of Aesculap
and Kirn (US2017/0360288).
Regarding claim 104, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101. Aesculap further teaches wherein the light source is an LED and is located at the proximal end of the single-use obturator (Fig. 2: light source 142 may be in the form of an LED 144 emitting light through light guide 164 [0043]), but fails to disclose wherein the LED has a space larger than a space of the distal end of the obturator. In the same field of endeavor, Kirn discloses a medical tube for placement inside of a patient, the medical tube comprising a camera at the distal end of the medical tube (camera 36 [0045]), a light source comprising LEDs for providing light to the distal end of the medical tube, wherein the LEDs may be miniature LEDs positioned near the distal end of the medical tube near the camera (Fig. 2: miniature LEDs 34 at distal end with camera 36), or wherein the LEDs may be larger, higher intensity LEDs positioned outside the patient ([0045-0046]). Prion and Aesculap fails to disclose wherein the LEDs, located in the proximal end of the obturator or cannula, are large in size, however, in view of Kirn, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized the larger intensity LEDs, placed outside the patient body during the procedure, near the proximal end of the medical device, are an advantageous alternative to miniature LEDs at the distal end of the medical device, while also providing higher intensity light and dismissing heat generation concerns [0046].
Claim 106 is rejected under 35 U.S.C. 103 as being unpatentable over Prion in view of Aesculap
and Frosberg (US2019/0117259).
Regarding claim 106, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101, but fails to disclose the diameter of the camera or the light transmission fiber. In the same
field of endeavor, Forsberg teaches a similar device comprising optical fiber for illumination, wherein the
diameter of the optical fiber is less than 1mm (optical fiber 54 for illumination has a diameter of around 0.75mm [0064]). Since Prion does not disclose the diameter of the optical fiber for illumination, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any illumination optical fiber’s diameter known in the art as the diameter for the optical fiber of Prion.
Claim 107 is rejected under 35 U.S.C. 103 as being unpatentable over Prion in view of Aesculap
and Oslen (US2019/0298407).
Regarding claim 107, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101. While Prion discloses the connection mechanism connecting the handle to the obturator to
be grooves and corresponding keys, Prion fails to disclose wherein the connection mechanism
comprising a pair of magnets to connect the hand piece to the obturator or the cannula. In the same
field of endeavor, Olsen teaches a rigid portion of a sleeve including an attachment feature adapted to
enable a handle to couple to the sleeve (rigid portion 116 includes attachment feature 120 to enable a
handle 108 to couple to sleeve 112 [0041]), wherein the attachment feature may be several known
attachment features including magnetic connections [0041]. In view of Olsen, it would have been
obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have
recognized that the magnetic connection of Olsen is an obvious, equivalent, and one of many known
connection mechanisms to connect the handle and obturator of Prion.
Claims 109 and 114 are rejected under 35 U.S.C. 103 as being unpatentable over Prion in view of Aesculap and Tsukashimna et al. (US2017/0332912).
Regarding claim 109, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101. Aesculap further teaches wherein the light source is one or more LEDs (Fig. 2: LEDS light source 142), but Prion and Aesculap both fail to disclose wherein the one or more LEDs is connected to a connection unit at the proximal end of the single-use obturator via an electrical cable. In the same field of endeavor, Tsukashimna teaches an obturator probe removably coupled to a hand piece at the proximal end of the obturator probe (probe may comprise an obturator, slender rod 10 [0011]; proximal housing 22 attached to proximal end of rod 10, housing 22 houses the control system, power source and display [0026]), the obturator probe further comprising a camera integrated into a distal end (color sensor assembly 11 detects light, but may also be a CCD or CMOS image sensor [0013]), a light source located within the obturator probe (Fig. 4: LED light source 12 to emit light to surrounding tissue [0016]). Tsukashimna further teaches a connection unit at the proximal end of the obturator probe for connecting the proximal end of the obturator probe to the hand piece (Fig. 13: releasable electrical connector 24 allows easy separation and reattachment of components between housing 22 and rod 10 [0027]). Prion, modified by Aesculap and Tsukashimna, teaches wherein the one or more LEDs are connected to the connection unit through an electrical connection (applying the electrical connector 24 of Tsukashimna to the obturator of Prion, would connect the one or more LEDs of Prion through the electrical connector 24 of Tsukashimna from the hand piece to the obturator). In view of Tsukashimna, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the connection unit of Tsukashimna to the obturator of Prion, as the connector of Tsukashimna allows for the easy separation and attachment of components without the use of tools [0027].
Regarding claim 114, Prion, modified by Aesculap and Tsukashimna, discloses the surgical port placement device of claim 109. Tsukashimna, further teaches wherein the connection unit is configured to provide the electrical connection between the power supply and the circuit located at the re-usable hand piece and the light source thereby allowing a user to control the hybrid illumination component via the re-usable hand piece (electrical connector 24 provides electrical connection between housing 22 and rod 10 [0027]; housing 22 comprises the power source [0026], and rod 10 comprises the light source 12, thus electrical connector 24 electrically connects the power source and lights source 12).
Claims 112-113 are rejected under 35 U.S.C. 103 as being unpatentable over Prion in view of
Aesculap and Lu et al. (US2019/0246873).
Regarding claim 112, Prion, modified by Aesculap, discloses the surgical port placement device of claim 101, but fails to disclose wherein the re- usable hand piece is connected to a sterile drape via a mechanical interface thereby keeping the re-usable hand piece sterile throughout the port placement procedure. In the same field of endeavor, Lu teaches an endoscopy system comprising a handheld portion (Fig. 2: handheld portion 2110 [0034]), the handheld portion comprising a reusable handle portion (Fig. 2A: reusable handle portion 2130 [0034]) and a single-use portion (Fig. 2A: single-use portion 2120 and cannula 2240 [0034]), wherein the reusable handle is connected to a sterile drape via an interface thereby keeping the reusable handle portion sterile throughout the procedure (Fig. 11B: drape 3100 covering the reusable handle portion 2130 [0064-0065]). In view of Lu, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the drape, taught by Lu, to the endoscope device of Prion, modified by Aesculap, as it is known in the endoscope art that sterile drapes can protect reusable portions of the handle during the procedure, and later be used as a disposable container for the single use components after the procedure [0064].
Regarding claim 113, Prion, modified by Aesculap and Lu, discloses the surgical port placement device of claim 112. Lu further teaches wherein the mechanical interface comprises a mechanical fitting ring to attach the sterile drape to the re- usable hand piece (Fig. 11B: coupler 3120, which may be an adaptor ring, allows for the drape to be attached to the reusable handle portion [0064]).
Response to Arguments
Applicant's arguments filed August 7, 2025 have been fully considered but they are not persuasive. Applicant argues that reference Prion does not disclose “the light source of the hybrid illumination component are connected to a power supply and circuit located at the re-usable hand piece via an electrical connection” as recited in claim 101. Further, applicant argues that Aesculap fails to cure the above-mentioned deficiencies of Prion for at least the reason that in Aesculap, “power supply element 146” is adjacent to the light source 142 and Aesculap does not even hint at the power supply located at the reusable hand piece. The examiner respectfully disagrees. While Fig. 2 of Aesculap appears to illustrate wherein the light source 142 and power supply element 146 are adjacent to one another, the light source 142 and power supply element 146 are within the hand piece 128 and are electrically connected through line 148, forming a circuit, as required by claim 101. Although Aesculap does not explicitly disclose the reusability or disposability of the hand piece 128, the limitation requiring the re-usable hand piece was rejected in view of Prion, which teaches wherein the handle may or may not be disposable, suggesting reusability [0159]. For the reasons stated above, applicant’s arguments were found not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI-TING SONG whose telephone number is (571)272-5771. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LI-TING SONG/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
11/21/2025