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 05/20/2026 has been entered. Claims 1-16 & 18-21 remain pending in the application. Claim 17 has been cancelled. Claims 22-23 have been entered. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 02/24/2026.
Response to Arguments
Applicant's arguments with respect to claims 1-16 & 18-21 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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-7, 10-16 & 18-23 is rejected under 35 U.S.C 103 as being unpatentable over ONAGA (US 20140190806) herein referred to as ONAGA in view of Sugahara et al. (US 20080251371) herein referred to as Sugahara.
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 has a first end (Figure 6, 57), a second end (Figure 6, 59), and a connecting portion extending in a longitudinal direction between the first end and the second end (Figure 6, 58) wherein the second end of 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 and move linearly in the longitudinal direction toward the switch while the outer surface of the sliding portion of the operation button maintains contact with and slides on the switch (Figure 9 & 10; wherein Figure 6 shows when the operation button is at neutral state and Figure 9 & 10 show the operation button pressed down linearly on the switch when the sliding portion slides in the recess.) However, ONAGA does not explicitly disclose wherein the sliding portion has an outer surface having a curvature around a rotational axis Rx2 of the operation button, and wherein the outer surface contacts the two surfaces of the plurality of surfaces defining the recess; and wherein, in response to the user operation, the operation button is configured to: rotate about the rotational axis while the outer surface of the sliding portion of the operation button maintains contact with and slides on the two surfaces of the plurality of surfaces defining the recess, and move linearly in the longitudinal direction toward the switch while the outer surface of the sliding portion of the operation button maintains contact with and slides on the two surfaces of the plurality of surfaces defining the recess.
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Sugahara discloses an operation button (Figure 1) wherein a sliding portion has an outer surface having a curvature around a rotational axis Rx2 of the operation button (Figure 1, 71; wherein sliding portion 71 has a curvature around a rotational axis which is labeled AX), and wherein the outer surface contacts the two surfaces of the plurality of surfaces defining the recess (Figure 10; 66); and wherein, in response to the user operation, the operation button is configured to: rotate about the rotational axis while the outer surface of the sliding portion of the operation button maintains contact with and slides on the two surfaces of the plurality of surfaces defining the recess (Figure 20), and move linearly in the longitudinal direction toward the switch while the outer surface of the sliding portion of the operation button maintains contact with and slides on the two surfaces of the plurality of surfaces defining the recess (Figure 19). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for a smooth operating state and cause less abrasion (Sugahara, Paragraph [0107] & Abstract).
Regarding claim 2, ONAGA in view of Sugahara 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 Sugahara discloses the treatment instrument of claim 2. ONAGA also discloses wherein the first end includes a first button body (Figure 6, 57) and the second end includes the pusher portion (Figure 6, 59).
Regarding claim 4, ONAGA in view of Sugahara 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 Sugahara 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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ONAGA in view of Sugahara discloses the treatment instrument according to claim 3. Sugahara 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 of the operation button (Figure 1, 73; wherein sliding portion 73 has an arc shape in which is located at a constant radial distance from the rotation axis AX), and wherein a length of the radial distance is less than the predetermined distance separating the opposing two surfaces of the plurality of surfaces defining the recess (See annotated Figure 10 below). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for a smooth operating state and cause less abrasion (Sugahara, Paragraph [0107] & Abstract).
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Regarding claim 7, ONAGA in view of Sugahara 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 Sugahara discloses the treatment instrument according to claim 1. ONAGA also discloses 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 Sugahara discloses the treatment instrument according to claim 3. Sugahara also discloses 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 (Figure 1, 73) and when the operation button is in first state associated with a first operation (Figure 19; wherein the first operation is pressing the switch) and in a second state associated with a second operation (Figure 20; wherein the second operation is tilting the operational button). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for a smooth operating state and cause less abrasion (Sugahara, Paragraph [0107] & Abstract).
ONAGA in view of Sugahara discloses the treatment instrument according to claim 3. Sugahara also discloses a location in the longitudinal direction of the rotational axis Rx2 of the operation button is between the two surfaces of the plurality of surfaces defining the recess (See annotated Figure 10 below). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
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Regarding claim 13, ONAGA in view of Sugahara 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 Sugahara 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 Sugahara 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 Sugahara discloses the treatment instrument according to claim 1. Sugahara also discloses wherein at least a part of the rotational axis Rx2 of the operation button and at least a part of the sliding portion are arranged between the two opposing surfaces of the plurality of surfaces defining the recess and within a plane orthogonal to the two opposing surfaces of the plurality of surfaces defining the recess (Figure 10, plane X), the plane passing through the rotational axis Rx2 of the operation button (See annotated Figure 10 below). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
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Regarding claim 18, ONAGA in view of Sugahara discloses the treatment instrument according to claim 1. Sugahara 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 10; Paragraph [0097]). 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 recess taught by ONAGA to include the structure of the recess taught by Sugahara. The motivation being smooth contact with less abrasion as well as desired tilting angle can be achieved (Sugahara, Paragraph [0097]).
Regarding claim 19, ONAGA in view of Sugahara discloses the treatment instrument according to claim 1. Sugahara also discloses wherein the outer surface of the sliding portion is directly contacts the two surfaces of the plurality of surfaces defining the recess (Figure 10; wherein 73 directly contacts the two surfaces defining recess 65). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
Regarding claim 20, ONAGA in view of Sugahara 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 Sugahara discloses the treatment instrument according to claim 1. Sugahara 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 of the operation button (Figure 1, 73), and wherein the outer surface directly contacts the two surfaces of the plurality of surfaces defining the recess (Figure 10; wherein 73 directly contacts the two surfaces defining recess 65). 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 to include the structure of the sliding portion taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
Regarding claim 22, ONAGA in view of Sugahara discloses the treatment instrument according to claim 1. Sugahara also discloses wherein the rotational axis Rx2 of the operation button is located in the second end of the operation button (Figure 1, AX). 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 to include the location of the rotation axis taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
Regarding claim 23, ONAGA in view of Sugahara discloses the treatment instrument according to claim 1. Sugahara also discloses wherein a first portion of the outer surface having the curvature contacts a first surface of the two surfaces of the plurality of surfaces defining the recess (See annotated Figure 10 below), wherein a second portion of the outer surface having the curvature contacts a second surface of the two surfaces of the plurality of surfaces defining the recess (See annotated Figure 10 below), and wherein the rotational axis Rx2 of the operation button is located between the first portion of the outer surface and the second portion of the outer surface having the curvature (See annotated Figure 10 below). 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 to include the location of the rotation axis taught by Sugahara. The motivation being to allow for rotation around the rotational axis and tilting in multiple directions while causing less abrasion (Sugahara, Abstract).
Claims 8 & 9 are rejected under 35 U.S.C 103 as being unpatentable over ONAGA and Sugahara in view of Ginnebaugh et al. (US 9402680) herein referred to as Ginnebaugh.
Regarding Claim 8, ONAGA in view of Sugahara discloses the treatment instrument according to claim 7. However, ONAGA in view of Sugahara 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 Sugahara 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 Sugahara discloses the treatment instrument according to claim 1. However, ONAGA in view of Sugahara 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 Sugahara 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
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.
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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
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