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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/2025 has been entered.
Response to Amendment
The amendment filed 11/19/2025 has been entered. Claims 1-17 remain pending in the application. Claims 18-21 are added. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Final Office Action mailed 08/20/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-21 have been considered but are not seen as persuasive, See reasonings below.
Regarding claim 1, Applicant argues that Onaga does not explicitly disclose (a) the outer surface of the sliding portion has a curvature around a rotation axis Rx2; (b) the outer surface contacts the two surfaces of the plurality of surfaces defining the recess; and (c) the outer surface slides on the two outer surfaces of the plurality of surfaces defining the recess. Examiner acknowledges applicants arguments, such that based on the amendments filed and applicants arguments, Examiner brought in a secondary reference such that it better reflects the new claim language therefore, limitations (a)-(c) no longer depend on Onaga for the rejection of claim 1. See new rejection below
In regards to claims 8-9, as stated above, the secondary reference brought in to covers the limitations taught in claim 1. See new rejection below
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 1-7, 10-21 is rejected under 35 U.S.C 103 as being unpatentable over ONAGA (US 20140190806) herein referred to as ONAGA, in view of Ito (US 20070170046) herein referred to as Ito.
Regarding Claim 1, ONAGA discloses a treatment instrument (Figure 1), comprising: a housing having an outer surface and an inner surface (Figure 1, 15; wherein the inner surface of the housing is not visible in Figure 1 but can be seen in Figure 2), wherein the inner surface includes a pair of first protrusions (Figure 6, 61 & 35A) and wherein one of the first protrusions include a recess having a plurality of surfaces defining a recess (Figure 6, 35A; wherein 32A sits in the recess), wherein two surfaces of the plurality of surfaces defining the recess oppose each other and are separated by a predetermined distance (See annotated Figure 6 below); an operation button configured to receive a user operation (Figure 6, 57; Paragraph [0053]; wherein a surgeon presses button 57 to turn on the switch contact), wherein the operation button includes a sliding portion (See annotated figure 6 below) and a switch provided in the housing (Figure 6, 33A), wherein the switch is configured to be pressed by the operation button in response to the user operation received by the operation button (Paragraph [0053]; wherein when press force is applied to the button 57 by the surgeon, the switch pressing portion 59 presses the dome member 55 (the switch contact 33A). As a result, the dome member 55 moves toward the first electric contact 41A on the substrate 32A against the urging force, and the second electric contact 42A of the dome member 55 comes into contact with the first electric contact 41A. The switch contact 33A is then turned on.); wherein, in response to the user operation, the operation button is configured to rotate about the rotational axis when the outer surface of the sliding portion of the operation button slides on the two surfaces of the plurality of surfaces defining the recess (Figure 9 & 10; wherein both Figure 9 & 10 demonstrate the button rotating to each side about the rotation axis when the outer surface of the sliding portion of the operation button slides on the two surfaces of the plurality of surfaces defining the recess wherein the sliding portion is sliding on element 55 & 33A in which 33A is directly on the two surfaces annotated below therefore is seen as sliding on these surfaces through these two elements). However, ONAGA does not explicitly disclose wherein the sliding portion has an outer surface having a curvature around a rotational axis Rx2, and wherein the outer surface contacts the two surfaces of the plurality of surfaces defining the recess.
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Ito discloses an operation button (Figure 2) wherein the sliding portion has an outer surface having a curvature around a rotational axis Rx2 (Figure 2, 2 & n; wherein sliding portion 2 outer surface is circular therefore have a curvature around rotation axis n), and wherein the outer surface contacts the two surfaces of the plurality of surfaces defining the recess (Figure 2; wherein the outer surface of sliding portion 2 contacts the housing 9 which defines the recess) 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Regarding claim 2, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein the operation button further includes a pusher portion and wherein the pusher portion is configured to press the switch (Figure 6, 59; Paragraph [0053]; wherein 59 presses the switching contact)
Regarding claim 3, ONAGA in view of Ito discloses the treatment instrument of claim 2. ONAGA also discloses wherein the operation button has a first end and a second end (See annotated Figure 6 below), wherein the first end is connected to the second end by a connecting portion (See annotated Figure 6 below), and wherein the first end includes a first button body (Figure 6, 57) and the second end includes the sliding portion and the pusher portion (Figure 6, 73 & 59).
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Regarding claim 4, ONAGA in view of Ito the treatment instrument of claim 2. ONAGA also discloses wherein a width (D3) of the pusher portion is less than the predetermined distance separating the opposing two surfaces of the plurality of surfaces defining the recess (Figure 6; wherein the width of 59 is less than the two surfaces defining the recess).
Regarding claim 5, ONAGA in view of Ito discloses the treatment instrument according to claim 3. ONAGA also discloses wherein the pusher portion is a protrusion that protrudes from the second end of the first button body and has a base part and a tip part (Figure 6; wherein 71A&B is seen as the base and 59 is seen as the tip), wherein the base part is oriented toward the connecting portion and is wider than the tip part (See annotated Figure 6 below), and wherein a width of the tip part is less than the predetermined distance separating the opposing two surfaces of the plurality of surfaces defining the recess (Figure 6; wherein the width of 59 is less than the two surfaces defining the recess).
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Regarding claim 6, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA discloses (Figure 6; wherein the distance from the top arc of 75 to the rotational axis b is smaller than the distance of the two surfaces that define the recess which is seen as the space 32A sits in). Ito also discloses wherein the curvature of the outer surface of the sliding portion has an arc shape and is located at a constant radial distance from the rotational axis Rx2 (Figure 2, 2; wherein the outer surface is a circular shape therefore, is seen as an arc and is located a constant radial distance from the rotation axis n wherein the distance is the radius of the sliding portion) 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Regarding claim 7, ONAGA in view of Ito discloses the treatment instrument according to claim 3. ONAGA also discloses wherein the operation button further includes a plurality of contact portions which extend outward from the connecting portion (Figure 6, 71A & 71B), and wherein the plurality of contact portions each contact the inner surface of the housing (Figure 9 & 10, 71A & 71B).
Regarding claim 10, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein the operation button is configured to move linearly toward the switch by the outer surface of the sliding portion of the operation button sliding on the two surfaces of the plurality of surfaces defining the recess (Figure 8; wherein the operation button can be seen moved linearly towards the switch by the outer surface of the sliding portion of the operation button sliding on the two surfaces of the plurality of surfaces defining the recess), and wherein a length of the outer surface of the sliding portion of the operation button is in a direction corresponding to the linear movement of the operation button is greater than a distance by which the operation button linearly moves (Figure 6 & 8; wherein the outer surface length of sliding portion is on axis C therefore in a direction corresponding to the linear movement and is greater than the distance by which the button linearly moves which can be seen in Figure 8 wherein the button only moves half the distance when pushes)
Regarding claim 11, ONAGA in view of Ito discloses the treatment instrument according to claim 3. Ito also discloses wherein the connecting portion extends in a longitudinal direction between the first end of the operation button and the second end of the operation button (Figure 2, 3), and wherein, in the longitudinal direction, at least a portion of the outer surface of the sliding portion of the operation button is located between the opposing two surfaces of the plurality of surfaces defining the recess when the operation button is in a neutral state and when the operation button is in first state associated with a first treatment operation and in a second state associated with a second treatment operation (Figure 2; wherein figure 2 shows a neutral state, the first and second state can comprise of moving the button, left or right which would still allow for the sliding portion to remain in contact with the surfaces). 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Regarding claim 12, ONAGA in view of Ito discloses the treatment instrument according to claim 3. Ito also discloses wherein the connecting portion extends in a longitudinal direction between the first end of the operation button and the second end of the operation button (Figure , 3), and wherein, in the longitudinal direction, a rotation center (Rx2) the rotational axis Rx2 of the operation button is located between the two surfaces of the plurality of surfaces defining the recess (Figure 2, n). 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Regarding claim 13, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein the operation button is exposed to an outer surface of the housing at a distal end side of the housing (Figure 1, 57).
Regarding claim 14, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein the treatment instrument includes a plurality of operation buttons (Figure 1, 57; wherein there is two buttons).
Regarding claim 15, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein the treatment instrument is configured to treat a biological tissue by imparting a treatment energy to the biological tissue (Paragraph [0009]; wherein the device is an ultrasonic treatment device in which ultrasonic treatment devices treat tissue by imparting ultrasonic energy), wherein the treatment energy is at least one of an ultrasonic energy and a radiofrequency energy (Paragraph [0009]; wherein the treatment energy is ultrasonic energy), and wherein the operation button is an output button for initiating application of the treatment energy to the biological tissue (Paragraph [0088]; wherein ultrasonic vibrations are generated by the transmission of an operation command from the transmitting unit 31A; Figure 6; wherein the button 57 communicates with 31A when pressure is applied).
Regarding claim 16, ONAGA in view of Ito discloses the treatment instrument according to claim 1. Ito also discloses wherein at least a part of the rotational axis and at least a part of the sliding portion are arranged within a projection plane between the two opposing surfaces of the plurality of surfaces defining the recess (Figure 2, Z(N,Q)) and within a plane orthogonal to the two opposing surfaces of the plurality of surfaces defining the recess, the plane passing through the rotational axis Rx2 (Figure 2, X(L)). 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Regarding claim 17, Onaga in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein at least a part of the sliding portion is configured to contact the recess (Figure 9 & 10; wherein sliding portion annotated above contacts element 55 in which sits in the recess therefore contacting the recess).
Regarding claim 18, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ITO also discloses wherein the recess is arranged in one first protrusion of the pair of first protrusions and is configured to guide the sliding portion (Figure 2, 11; wherein protrusions 11, allow for guidance of the sliding portion when it is pressed down and springs are compressed). 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to be compressed down (Ito, Paragraph [0064]).
Regarding claim 19, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ITO also discloses wherein the outer surface of the sliding portion is configured to slide directly on the two opposing surfaces of the plurality of surfaces defining the recess (Paragraph [0066]; wherein the through hole 9W allows the sliding portion to smooth slide on the plurality of surfaces) 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to be slid smoothly on the surfaces to allow for motion of the operation button (Ito, Paragraph [0066]).
Regarding claim 20, ONAGA in view of Ito discloses the treatment instrument according to claim 1. ONAGA also discloses wherein a switch contact and dome (Figure 6, 59; Paragraph [0053]; wherein dome 59 presses the switching contact) are positioned within a second recess formed by a second protrusion extending in a direction perpendicular to the first protrusions (Figure 6, 35A; wherein the second protrusion extends in a direction perpendicular to the first protrusion which are seen as the two protrusion that extend up towards the button and create a second recess between them).
Regarding claim 21, ONAGA in view of Ito discloses the treatment instrument according to claim 1. Ito also discloses wherein the outer surface of the sliding portion is a radially outward most surface of the sliding portion relative to the rotational axis Rx2 (Figure 2, 2; wherein the outer surface is radially outward surface), and wherein the outer surface directly contacts the two surfaces of the plurality of surfaces defining the recess (Figure 2, 2). 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 modified the sliding portion taught by ONAGA to have the structure as taught by Ito. The motivation being to allow the operation button to move in four radial directions (Ito, Paragraph [0008]).
Claims 8 & 9 are rejected under 35 U.S.C 103 as being unpatentable over ONAGA and Ito in view of Ginnebaugh et al. (US 9402680) herein referred to as Ginnebaugh.
Regarding Claim 8, ONAGA in view of Ito discloses the treatment instrument according to claim 7. However, ONAGA in view of Ito does not explicitly disclose wherein the operation button has a first surface roughness, an outer surfaces of the plurality of contact portions of the operation button have a second surface roughness, and wherein remaining surfaces of the operation button have a surface roughness that is greater than the first surface roughness and is greater than the second surface roughness.
Ginnebaugh discloses a treatment instrument (Figure 1) wherein the operation button has a first surface roughness (Column 12, lines 58-62; wherein the first roughness is seen as no bumps), an outer surfaces of the plurality of contact portions of the operation button have a second surface roughness (Figure 9A, 168; wherein 168 has ridges and is seen as a second roughness), and wherein remaining surfaces of the operation button have a surface roughness that is greater than the first surface roughness and is greater than the second surface roughness (Column 12, lines 58-62; wherein the distal portion of the button has bumps which is seen to be rougher than the first surface roughness of no bumps and the second surface roughness of spaced apart ridges). 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 modified the operation button taught by ONAGA in view of Ito to include the surface roughness’ taught by Ginnebaugh. The motivation being to have a surface with a different type of texture than another surface (Ginnebaugh, Column 12, lines 58-62).
Regarding Claim 9, ONAGA in view of Ito discloses the treatment instrument according to claim 1. However, ONAGA in view of Ito does not explicitly disclose wherein the opposing two surfaces of the plurality of surfaces defining the recess have a third surface roughness, and wherein remaining portions of the inner surface of the housing have a surface roughness that is greater than the third surface roughness.
Ginnebaugh discloses a treatment instrument (Figure 1) wherein the opposing two surfaces of the plurality of surfaces defining the recess have a third surface roughness (See annotated Figure 9A; wherein surfaces are smooth and have no bumps), and wherein remaining portions of the inner surface of the housing have a surface roughness that is greater than the third surface roughness (Figure 9A, 168; wherein 168 has ridges and is seen as having a roughness greater than a third roughness, smooth surface). 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 modified the operation button taught by ONAGA in view of Ito to include the surface roughness’ taught by Ginnebaugh. The motivation being to provide different “feels” for the user when the user is pulling and pushing the button (Ginnebaugh, Column 13, lines 9-12).
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Conclusion
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.
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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.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794