DETAILED ACTION
Claims 1, 6, 10, and 12 are currently amended. Claims 5 and 11 are canceled. A complete action on the merits of pending claims 1-4,6-10 and 12-22 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/25 has been entered.
Claim Rejections - 35 USC § 103
Claims 1-4, 6-9, and 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Masuda US 20120277778 in view of Weisenburgh US 20180333179.
Regarding claims 1 and 14, Masuda teaches a housing (Fig. 1 handle unit 26); an ultrasonic transducer supported by the housing (Fig. 1 vibrator 28); and an elongated assembly extending distally from the housing, the elongated assembly including: a waveguide formed from an electrically-conductive material and adapted to connect to a source of electrosurgical energy at a first potential (par. [0070] probe 29), the waveguide operably coupled to the ultrasonic transducer and including a blade at a distal end portion thereof (Fig. 3 treatment section 32), the blade defining an exposed upper tissue-contacting surface (Fig. 5 abutting portion 43), an exposed lower tissue-contacting surface (Fig. 5 opposite 43 on 32), and first and second lateral surfaces disposed between the exposed upper and exposed lower tissue-contacting surfaces (Fig. 5 angled sides 46 or parallel vertical sides), wherein the first and second lateral surfaces are coated with a material (par. [0124] probe 29 where not conductive is coated in non-stick coating or electrodes on 46); and a jaw (Fig. 5 grip member 33) pivotable relative to the blade between a spaced-apart position and an approximated position for grasping tissue between the blade and the jaw (Figs. 2 and 3), the jaw including: a structural base formed from an electrically-conductive material (Fig. 5 electrode section 58) and adapted to connect to a source of electrosurgical energy at a second potential different from the first potential (par. [0077]), wherein the structural base includes a backspan (Fig. 5 top of 33) and first and second uprights extending from the backspan in spaced-apart relation (Fig. 5 left and right parts of electrode 58) to define a cavity therebetween; and a jaw liner supported within the cavity of the structural base (Fig. 5 pad 49 in 58), the jaw liner positioned to oppose the exposed upper tissue-contacting surface of the blade in the approximated position with the first and second uprights disposed on either side of the blade (Fig. 5), wherein, in an ultrasonic mode of operation, ultrasonic energy is produced by the ultrasonic transducer and transmitted along the waveguide to the blade for treating tissue in contact with the blade (par. [0051]), and wherein, in an electrosurgical mode of operation, electrosurgical energy is conducted between the blade and the first and second uprights to treat tissue disposed therebetween (par. [0052]).
Masuda does not explicitly teach the lateral surfaces are coated with an electrically-insulating material and wherein the inwardly-tapered surfaces are coated with an electrically-insulative material.
Weisenburgh, in an analogous device, teaches that any surface of the ultrasonic blade can be coated in an insulative material (par. [0070]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the device of Masuda to have an insulative coating on the side surfaces of ultrasonic blade. It seen as an obvious matter of design choice depending on the procedure being preformed by the operator. A person of ordinary skill in the art would be able to decern the proper location for insulative material to prevent shorting and incidental electrical contact with non-target tissue.
Regarding claim 2, Masuda teaches wherein each of the first and second uprights defines a tissue-contacting surface at the free end thereof (Fig. 5 on the electrode 58 opposite 54).
Regarding claim 3, Masuda teaches wherein the tissue-contacting surfaces of the first and second uprights are disposed in substantially parallel orientation relative to a tissue- contacting surface of the jaw liner (Fig. 5 on the electrode 58 leading from the vertical parts to the angles parts 62 is a small flat section).
Regarding claim 4, Masuda teaches wherein the tissue-contacting surfaces of the first and second uprights are angled inwardly towards one another and at an angle relative to a tissue-contacting surface of the jaw liner (Fig. 5 62).
Regarding claim 6, Masuda teaches wherein each of the first and second uprights defines an inwardly-facing tissue-contacting surface (Fig. 5 62), and wherein the tissue-contacting surfaces of the first and second uprights are disposed in substantially perpendicular orientation relative to a tissue-contacting surface of the jaw liner (Fig. 5 either side of 49 creates and angle which is perpendicular to the angle of 62 on the opposite side).
Regarding claim 7, Masuda teaches wherein, in the approximated position, the first and second lateral surfaces of the blade at least partially overlap with the tissue-contacting surfaces of the first and second uprights (Fig. 5 overlapping in the vertical and horizontal direction).
Regarding claim 8, Masuda teaches wherein the lateral surfaces of the blade are disposed in substantially parallel orientation relative to one another (Fig. 5 vertical sections of 32).
Regarding claim 9, Masuda teaches wherein the lateral surface of the blade are disposed in substantially parallel orientation with tissue-contacting surfaces of the first and second uprights (Fig. 5 and par. [0063]).
Regarding claim 13, Masuda teaches wherein inwardly-tapered surfaces extend from the first and second lateral surfaces of the blade at a distal end portion of the blade (Fig. 7A 32 of 29 tapers thinner), wherein the distal end portion is opposite the jaw (Fig. 7A).
Regarding claim 15, Masuda teaches wherein the waveguide includes a body (par. [0047] part or 29 in sheath) and the blade extending distally from the body (par. [0047] 32).
Regarding claim 16, Masuda teaches wherein the body is generally cylindrical (Fig. 3) and wherein tapered surfaces are defined between the generally cylindrical body and the first and second tissue-contacting surfaces of the blade (Fig. 7A).
Regarding claim 17, Masuda teaches wherein the body is generally cylindrical (Fig. 3) and wherein tapered surfaces are defined between the generally cylindrical body and the first and second lateral surfaces of the blade (Figs. 5 and 7A).
Regarding claim 18, Masuda teaches further comprising a plug assembly including an ultrasonic plug adapted to connect to an ultrasonic plug port of a surgical generator and an electrosurgical plug adapted to connected to an electrosurgical plug port of a surgical generator (Fig. 1 connector on composite cable going into 22).
Regarding claim 19, Masuda teaches further comprising at least one activation switch supported by the housing, the at least one activation switch configured to selectively initiate at least one of the ultrasonic mode of operation or the electrosurgical mode of operation (Fig. 1 switches 39a and b).
Regarding claim 20, Masuda teaches wherein the jaw liner is formed from a compliant material (par. [0063]).
Regarding claim 21, Masuda teaches wherein the first and second uprights extend from the backspan to tissue-contacting surfaces (Fig. 5), wherein a portion of the structural base is selectively coated with an electrically-insulating material (Fig. 5 pad 49), and wherein in the electrosurgical mode of operation, current is directed between the exposed upper tissue-contacting surface of blade and the tissue-contacting surfaces of jaw (par. [0052]).
Regarding claim 22, Masuda teaches wherein the exposed lower tissue- contacting surface of the blade includes first and second surfaces meeting at an apex (Fig. 5 32 meets the horizontal bottom surface at a point).
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Masuda and Weisenburgh as applied to claim 1, and in further view of Johnson US 20170164997.
Regarding claim 10, Masuda does not explicitly teach wherein the exposed upper tissue-contacting surface of the blade includes first and second surfaces meeting at an apex.
Johnson, in an analogous device, teaches where the sides can come to an apex (Fig. 36A), be flat (Fig. 75), curved (Fig. 77A), or rounded (Fig. 83).
It would have been obvious to one of ordinary skill in the art at the time the inventio was effectively filed to substitute the meeting of the sides in a flat area, as in Masuda, with the apex, as in Johnson. It is seen to preform equally as well and would yield the predictable result of transferring ultrasonic energy to tissue.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Masuda and Weisenburgh as applied to claim 1, and in further view of Asher US 20180132887.
Regarding claim 12, Masuda does not explicitly teach wherein the material is an electrically- insulative material selected from Teflon or polyphenylene oxide (PPO).
However, Masuda teaches that the ultrasonic blade is coated in a non-stick material (par. [0124]).
Asher, in an analogous device, teaches that a non-stick coating used for an ultrasonic device is PTFE.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to us Teflon on the ultrasonic blade, since it has been held to be within the general skill of one of ordinary skill in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The Teflon would perform the predictable result of creating a non-stick coating on the ultrasonic blade.
Response to Arguments
Applicant’s arguments with respect to claim 1 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
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/R.T.C./Examiner, Art Unit 3794
/LINDA C DVORAK/Primary Examiner, Art Unit 3794