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 .
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.
Claim(s) 21-34, 36, 126-128, 131, and 132 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiita et al. (US 5,313,934).
With regard to claims 21-34, 36, 126-128, 131, and 132, Wiita et al. teach a medical instrument accessory for localizing fluid flow around a distal end of a medical instrument, the medical instrument accessory comprising: a body (Fig. 6 member 76) configured to be removably mounted over at least a portion of a shaft of the medical instrument, the body comprising: a lumen with an inner wall (Fig. 6 lumen around 12); a proximal end ( necessarily present generally equivalent to proximal end of member 16 in Fig. 1); an open distal end (Fig. 6); a sealable attachment mechanism configured, in use, to sealably attach the medical instrument accessory to a proximal end of the medical instrument such that the distal end of the medical instrument extends beyond the open distal end of the body (exemplary Fig. 3 member 42); and at least one structure extending inwardly from the inner wall, the at least one structure configured to, in use, contact the medical instrument to position the shaft of the medical instrument in the lumen such that a fluid flow path is defined between the inner wall and the shaft of the medical instrument and that fluid can be directed out from the open distal end, into a surgical cavity of a patient, and beyond the distal end of the medical instrument (Figs. 6 and 7 members 86 form a plurality of ribs/protrusions/fins, fluid flows from inlet port 66 in exemplary Fig. 1 along flow path 80 and out the distal end, Col. 5 lines 49-53).
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(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wiita et al. (US 5,313,934) as applied to claim 27 above, and further in view of Buyda et al. (US 2019/0059937 A1).
With regard to claim 35, Wiita et al. teach a device substantially as claimed. Wiita et al. do not disclose non-uniform spacing. However, Buyda et al. teach raised members which direct gas flow between the outer body an inner instrument may be uniformly placed or randomly placed ([0074]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have placed the ribs of Wiita et al. randomly as Buyda et al. teach this to be an art effective equivalent to uniform placement which would yield the same predictable result. Alternatively, one of ordinary skill in the art would also have found it obvious before the effective filing date of the claimed invention to substitute randomly spaced raised portions, considered as ribs, structured as in Buyda et al. in Wiita et al. as this would yield the same predictable result and Buyda et al. teach using such raised portions or longitudinal grooves (Fig. 3, Fig. 11).
Claim(s) 129 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wiita et al. (US 5,313,934) in view of Hurst et al. (US 2014/0034092 A1).
With regard to claim 129, Wiita et al. teach a system comprising: a medical instrument accessory for localizing fluid flow around a distal end of a medical instrument, the medical instrument accessory comprising: a body (Fig. 6 member 76) configured to be removably mounted over at least a portion of a shaft of the medical instrument, the body comprising: a lumen with an inner wall (Fig. 6 lumen around 12); a proximal end ( necessarily present generally equivalent to proximal end of member 16 in Fig. 1); an open distal end (Fig. 6); a sealable attachment mechanism configured, in use, to sealably attach the medical instrument accessory to a proximal end of the medical instrument such that the distal end of the medical instrument extends beyond the open distal end of the body (exemplary Fig. 3 member 42);and at least one structure extending inwardly from the inner wall, the at least one structure configured to, in use, contact the medical instrument to position the shaft of the medical instrument in the lumen such that a fluid flow path is defined between the inner wall and the shaft of the medical instrument and that fluid can be directed out from the open distal end and beyond the distal end of the medical instrument (Figs. 6 and 7 members 86, fluid flows from inlet port 66 in exemplary Fig. 1 along flow path 80 and out the distal end, Col. 5 lines 49-53). Wiita et al. do not disclose a cannula. However, Hurst et al. teach a similar medical scope instrument inserted through an accessory body which is inserted into the patient through a cannula which provides insufflation and allows insertion into the surgical cavity (Fig. 2 member 26 and 2 are inserted through cannula 28, [0052]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to insert the accessory of Wiita et al. through a cannula as in Hurst et al. as this allows for insufflated insertion into the surgical cavity and yields the same predictable result.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY L SCHMIDT/Primary Examiner, Art Unit 3783
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