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 amendment filed 08/11/2025 has been entered. Claims 1-9 & 11-28 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 05/13/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-9 & 11 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
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.
Claims 1-2, 6-9 and 11 are rejected under 35 U.S.C 102(a)(1) as being anticipated by Wilson et al. (US 20200405344) herein referred to as Wilson.
Regarding claim 1, Wilson discloses A soft tissue cutting device (Figure 1), comprising: a handle (Figure 1, 120); a shaft extending from a proximal end coupled with the handle to a distal end (Figure 1, 101); a shaft opening disposed along a distal portion of a top surface of the shaft (See annotated Figure 4 below); a blade that extends through the shaft opening and moves proximally toward the handle to cut soft tissue (Figure 4, 630; wherein blades 630 extend outward from 613 towards the handle when deployed to cut tissue); an expansion member on the distal portion of the shaft (Figure 1, 116; Figure 14B, 1450), wherein the expansion band member is configured to expand in at least two circumferentially spaced directions from the shaft (Figure 14B, 1450); and a first actuator on the handle for moving the blade proximally to cut the soft tissue (Figure 1, 124; Paragraph [0037]; wherein second actuator is coupled to deploy and move the blade).
PNG
media_image1.png
283
324
media_image1.png
Greyscale
Regarding claim 2, Wilson discloses the soft tissue cutting device of claim 1, wherein the first actuator moves the blade from an inactive position within the shaft to an active position in which the blade is exposed through the shaft opening (Paragraph [0054]; wherein two blades that can be transformable between from a low-profile state which is seen as an inactive position and a deployed or expanded state which is seen as an active position)
Regarding claim 6, Wilson discloses the soft tissue cutting device of claim 2, further comprising a push rod in the shaft (Paragraph [0037]; wherein a push rod can mechanically deploy the blade), configured to move the blade between the active position and the inactive position (Paragraph [0037]; wherein a push rod can mechanically deploy the blade)
Regarding claim 7, Wilson discloses the soft tissue cutting device of claim 6, further comprising: a blade shaft extending to the blade and comprising a slot (Figure 9A, 913; Figure 9C, 944); and a pin extending through the push rod and into the slot (Figure 9C, 943), wherein the blade is configured to pivot when the pin rotates within the slot (Paragraph [0054]; wherein the blades 930 are rotatably coupled to the outer shaft 913 via a first pin 943 that extends from one side the shaft 913 across the gap 942 through the thickness of each of the blades 930 and a slot 944).
Regarding claim 8, Wilson discloses the soft tissue cutting device of claim 1 wherein the expansion member comprises an expansion band that bows outwardly from the distal portion of the shaft (Figure 14B, 1450).
Regarding claim 9, Wilson discloses the soft tissue cutting device of claim 8 further comprising a second actuator on the handle to expand and contract the expansion band (Figure 1, 122; Paragraph [0037]; Activation of the first actuator deploys (e.g., expands) the members 116 of the capture device).
Regarding claim 11, Wilson discloses wherein the blade is movable independently of the expansion member (Figure 1, 122; Paragraph [0037]; Activation of the first actuator deploys (e.g., expands) the members 116 of the capture device;Figure 1, 124; Paragraph [0037]; wherein second actuator is coupled to deploy and move the blade).
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.
Claims 3-5 are rejected under 35 U.S.C 103 as being unpatentable over Wilson in view of Eggers (US 20040024396) herein referred to as Eggers.
Regarding Claim 3, Wilson discloses the soft tissue cutting device of claim 2 wherein the first actuator is on a top surface of the handle (Figure 1, 124). However, Wilson does not explicitly disclose wherein the first actuator comprises a first slider.
Eggers discloses a soft tissue cutting device (Figure 26, 372) wherein the first actuator comprises a first slider on a top surface of the handle (Figure 26, 402). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted rotation actuator taught by Wilson for slider actuator taught by Eggers. The motivation being a simple substitution of one known element, a button actuator for another, a slider actuator to obtain predictable results of moving an element from an inactive position to an active position (MPEP 2143 (B)).
Regarding Claim 4, Wilson in view of Egger disclose the soft tissue cutting device of claim 3. Wilson also discloses a second actuator on the handle to expand and contract the expansion member (Figure 1, 122; Paragraph [0037]; Activation of the first actuator deploys (e.g., expands) the members 116 of the capture device).
Regarding Claim 5, Wilson in view of Egger disclose the soft tissue cutting device of claim 4. Eggers also discloses wherein an actuator can be a slider (Figure 26, 402). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted the second rotational actuator taught by Wilson to be a second slider actuator as taught by Eggers. The motivation being a simple substitution of one known element, a button actuator for another, a slider actuator to obtain predictable results of moving an element from an inactive position to an active position (MPEP 2143 (B)).
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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794