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 .
Election/Restrictions
Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/24/2025.
Applicant’s election without traverse of claims 1-19 in the reply filed on 10/24/2025 is acknowledged.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 4, 6, 11-12, 14, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Piehl et al. (US 20150025500 A1) in view of Stokes et al. (US 20090023984 A1).
Regarding claim 1, Piehl discloses a surgical instrument (Fig 1) comprising: a housing (1000, Annotated Fig 1); a syringe carriage (rack mechanism 38, Fig 1) operably coupled to the housing (1000, Annotated Fig 1) and configured to couple to a syringe ([0012]); a movable handle (grip 32, Fig 1) movable relative to the housing (1000, Annotated Fig 1) and operably coupled to the syringe carriage (38) to distally advance the syringe carriage (38) ([0017]; arrow B); a needle (needle 28, Fig 1) configured to operably couple to a syringe (syringe, Fig 1; [0012]) coupled to the syringe carriage (38) ; and a kick-back assembly (spring mechanism 40, Fig 1) configured to bias the syringe carriage (38) in a proximal direction ([0018]).
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Piehl is silent regarding a shaft extending distally from the housing and defining a lumen; a needle sheath extending through the lumen of the shaft, the needle sheath defining a lumen and being movable relative to the shaft between an extended condition and a retracted condition; the needle extending through the lumen of the needle sheath, wherein a distal end of the needle is covered by the needle sheath when the needle sheath is in the extended condition and the distal end of the needle is uncovered by the needle sheath when the needle sheath is in the retracted condition.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of sheath 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a needle (needle 64, Fig 6a) extending through the lumen of the needle sheath (70) (Fig 6a-b), wherein a distal end of the needle (64) is covered by the needle sheath (70) when the needle sheath (70) is in the extended condition (Fig 6a) and the distal end of the needle (66) is uncovered by the needle sheath (70) when the needle sheath (70) is in the retracted condition (Fig 6b).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 2, Piehl/Stokes discloses the surgical instrument of claim 1. Piehl is silent regarding further comprising a lever operably coupled to the needle sheath and slidably coupled to the housing, the lever configured to selectively move the needle sheath between the extended condition and the retracted condition.
Stokes teaches further comprising a lever (rod 72, Fig 6a) operably coupled to the needle sheath (70) and slidably coupled to the housing (54), the lever configured to selectively move the needle sheath (70) between the extended condition (Fig 6a) and the retracted condition (Fig 6b).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar lever in the retraction mechanism of the sheath as taught by Stokes for the purpose of moving the sheath between the open and close position to protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 4, Piehl/Stokes discloses the surgical instrument of claim 1. Piehl discloses further comprising a fluid port (1002, Annotated Fig 1) extending from the housing (1000, Annotated Fog 1). Piehl is silent wherein the fluid port is in fluid communication with the lumen of the needle sheath.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of sheath 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a needle (needle 64, Fig 6a) extending through the lumen of the needle sheath (70) (Fig 6a-b), wherein a distal end of the needle (64) is covered by the needle sheath (70) when the needle sheath (70) is in the extended condition (Fig 6a) and the distal end of the needle (66) is uncovered by the needle sheath (70) when the needle sheath (70) is in the retracted condition (Fig 6b).
Piehl/Stokes as modified discloses wherein the fluid port (1002, Annotated Fig 1, from Piehl) is in fluid communication with the lumen (lumen of sheath 70, Fig 6a, From Stokes) of the needle sheath (70, from Stokes).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 6, Piehl/Stokes discloses the surgical instrument of claim 1. Piehl discloses wherein the syringe carriage (38) includes a gear rack (portion of rack mechanism 38 includes gear teeth, Fig 1; [0017]) and the movable handle (32) is operably coupled to a pinion gear (pinion mechanism 36, Fig 1) such that movement of the movable handle (32) causes rotation of the pinion gear (36) and linear translation of the gear rack (portion of rack mechanism 38 includes gear teeth, Fig 1) of the syringe carriage (38).
Regarding claim 11, Piehl discloses a surgical instrument (Fig 1) comprising: a housing (1000, Annotated Fig 1); a syringe carriage (rack mechanism 38, Fig 1) operably coupled to the housing (1000, Annotated Fig 1); a syringe (1001, Annotated Fig 1) storing a fluid (fluid from the chamber 12; [0016]) and operably coupled to the syringe carriage (38); a movable handle (grip 32) movable relative to the housing (1000, Annotated Fig 1) and operably coupled to the syringe carriage (38) to distally advance the syringe carriage (38) and expel the fluid from the syringe (fluid from the chamber 12; [0016]); a needle (needle 28, Fig 1) operably coupled to the syringe (1001, Annotated Fig 1) to deliver the fluid (fluid from the chamber 12; [0016]) from the syringe (1001, Annotated Fig 1) and a kick-back assembly (spring mechanism 40, Fig 1) configured to bias the syringe carriage in a proximal direction ([0018]).
Piehl is silent regarding a shaft extending distally from the housing and defining a lumen; a needle sheath extending through the lumen of the shaft, the needle sheath defining a lumen and being movable relative to the shaft between an extended condition and a retracted condition; a lever operably coupled to the needle sheath and configured to move the needle sheath.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of sheath 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a lever (rod 72, Fig 6a) operably coupled to the needle sheath (70) and configured to move the needle sheath (70).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 12, Piehl/Stokes discloses the surgical instrument of claim 11. Piehl is silent wherein a distal end of the needle is covered by the needle sheath when the needle sheath is in the extended condition and the distal end of the needle is uncovered by the needle sheath when the needle sheath is in the retracted condition.
Stokes teaches a needle (needle 64, Fig 6a) extending through the lumen of the needle sheath (70) (Fig 6a-b), wherein a distal end of the needle (64) is covered by the needle sheath (70) when the needle sheath (70) is in the extended condition (Fig 6a) and the distal end of the needle (66) is uncovered by the needle sheath (70) when the needle sheath (70) is in the retracted condition (Fig 6b).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 14, Piehl/Stokes discloses the surgical instrument of claim 11. Piehl discloses further comprising a fluid port (1002, Annotated Fig 1) extending from the housing (1000, Annotated Fog 1). Piehl is silent wherein the fluid port is in fluid communication with the lumen of the needle sheath.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of sheath 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a lever (rod 72, Fig 6a) operably coupled to the needle sheath (70) and configured to move the needle sheath (70).
Piehl/Stokes as modified discloses wherein the fluid port (1002, Annotated Fig 1, from Piehl) is in fluid communication with the lumen (lumen of sheath 70, Fig 6a, From Stokes) of the needle sheath (70, from Stokes).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Regarding claim 16, Piehl/Stokes discloses the surgical instrument of claim 11. Piehl discloses wherein the syringe carriage (38) includes a gear rack (portion of rack mechanism 38 includes gear teeth, Fig 1; [0017]) and the movable handle (32) is operably coupled to a pinion gear (pinion mechanism 36, Fig 1) such that movement of the movable handle (32) causes rotation of the pinion gear (36)and linear translation of the gear rack (portion of rack mechanism 38 includes gear teeth, Fig 1) of the syringe carriage (38).
Regarding claim 18, Piehl/Stokes discloses the surgical instrument of claim 11. Piehl discloses wherein each actuation of the movable handle (32) causes a specific dose (dose from fluid in chamber 12, Fig 1)to be delivered from the syringe (Annotated Fig 1).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Piehl et al. (US 20150025500 A1) in view of Stokes et al. (US 20090023984 A1) in further view of Vickroy et al. (US 4998921 A).
Regarding claim 3, Piehl/Stokes discloses the surgical instrument of claim 1. Piehl/Stokes are silent regarding further comprising a seal coupled to an inner surface of the needle sheath and forming a fluid-tight seal between the needle sheath and an outer surface of the needle when the needle sheath is in the retracted condition and forming a seal when the needle sheath is in the extended condition.
Vickroy teaches a surgical instrument (Fig 1) comprising a seal (septum 12, Fig 2) coupled to an inner surface of the needle sheath (inner surface of needle sheath 10, Fig 2) and forming a fluid-tight seal (Col 5, lines 4-6) between the needle sheath (10) and an outer surface of the needle (needle 16, Fig 2) when the needle sheath (10) is in the retracted condition (Fig 6) and forming a seal when the needle sheath is in the extended condition (Fig 3).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar seal located at a distal inner end of the sheath as taught by Vickroy for the purpose of sealing the interior lumen of the sheath maintaining the needle sterile (Col 5 lines 4-6).
Regarding claim 13, Piehl/Stokes discloses the surgical instrument of claim 11. Piehl/Stokes are silent regarding further comprising a seal coupled to an inner surface of the needle sheath and forming a fluid-tight seal between the needle sheath and an outer surface of the needle when the needle sheath is in the retracted condition and forming a seal when the needle sheath is in the extended condition.
Vickroy teaches a surgical instrument (Fig 1) comprising a seal (septum 12, Fig 2) coupled to an inner surface of the needle sheath (inner surface of needle sheath 10, Fig 2) and forming a fluid-tight seal (Col 5, lines 4-6) between the needle sheath (10) and an outer surface of the needle (needle 16, Fig 2) when the needle sheath (10) is in the retracted condition (Fig 6) and forming a seal when the needle sheath is in the extended condition(Fig 3).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar seal located at a distal inner end of the sheath as taught by Vickroy for the purpose of sealing the interior lumen of the sheath maintaining the needle sterile (Col 5 lines 4-6).
Claims 5 and 15 is rejected under 35 U.S.C. 103 as being unpatentable over Piehl et al. (US 20150025500 A1) in view of Stokes et al. (US 20090023984 A1) in further view of Pfahnl et al. (US 20150209821 A1)
Regarding claim 5, Piehl/Stokes discloses the surgical instrument of claim 1. Piehl/Stokes are silent wherein a proximal end of the needle includes a luer lock for coupling to a distal end of the syringe.
Pfahnl teaches a surgical instrument comprising: a housing (main housing or chassis 513, Fig 6); a syringe carriage (carriage 505, Fig 6) operably coupled to the housing (513) and configured to couple to a syringe (syringe 550, Fig 6); a movable handle (trigger 510, Fig 6) movable relative to the housing (513) and operably coupled to the syringe carriage (505) to distally advance the syringe carriage (505) ([0091]).
Pfahnl further discloses wherein a proximal end of the needle ([needle; [0082]) includes a luer lock for coupling to a distal end of the syringe (Fig 6 shows a tip comprising a luer connector; therefore the needle connecting to the tip must have a luer lock to couple to the distal tip of the syringe).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the [device of Piehl/Stokes with similar luer lock connection between the syringe tip and the needle as taught by Pfahnl for the purpose of facilitating connections between the syringe and the needle or other user equipment ([0082]).
Regarding claim 15, Piehl/Stokes discloses the surgical instrument of claim 11, wherein a proximal end of the needle includes a luer lock for coupling to a distal end of the syringe.
Pfahnl teaches a surgical instrument comprising: a housing (main housing or chassis 513, Fig 6); a syringe carriage (carriage 505, Fig 6) operably coupled to the housing (513) and configured to couple to a syringe (syringe 550, Fig 6); a movable handle (trigger 510, Fig 6) movable relative to the housing (513) and operably coupled to the syringe carriage (505) to distally advance the syringe carriage (505) ([0091]).
Pfahnl further discloses wherein a proximal end of the needle ([needle; [0082]) includes a luer lock for coupling to a distal end of the syringe (Fig 6 shows a tip comprising a luer connector; therefore the needle connecting to the tip must have a luer lock to couple to the distal tip of the syringe).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar luer lock connection between the syringe tip and the needle as taught by Pfahnl for the purpose of facilitating connections between the syringe and the needle or other user equipment ([0082]).
Claims 9-10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Piehl et al. (US 20150025500 A1) in view of Stokes et al. (US 20090023984 A1) in further view of Harry (US 2892457 A).
Regarding claim 9, Piehl/Stokes discloses the surgical instrument of claim 6. Piehl/Stokes are silent wherein the kick-back assembly includes an adjustable kick-back lever, a kick-back stop including a tooth operably coupled to the gear rack of the syringe carriage, and a spring disposed between the adjustable kick-back lever and the kick-back stop.
Harry teaches a device (Fig 1) wherein a kick-back assembly includes an adjustable kick-back lever ( member 80, Fig 11), a kick-back stop (stop 82, Fig 11) including a tooth (end portion of stop 82, Fig 11) operably coupled to the gear rack (rack gears 43, 45, Fig 3) of the syringe carriage (gear block 35, Fig 3), and a spring (85) disposed between the adjustable kick-back lever (80) and the kick-back stop (82).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar kick-back assembly components taught by Harry for the purpose of adjusting the extent at which the gear rack and the plunger of syringe can move in the rearward direction (Col3, lines 30-35).
Regarding claim 10, Piehl/Stokes/Harry discloses the surgical instrument of claim 9. Piehl/Stokes are silent wherein the adjustable kick-back lever is configured to selectively adjust a pull-back distance that the rack is moved proximally at the end of each injection stroke.
Harry teaches wherein the adjustable kick-back lever (80) is configured to selectively adjust a pull-back distance that the rack (43) is moved proximally at the end of each injection stroke (Col3, lines 30-35).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar kick-back assembly components taught by Harry for the purpose of adjusting the extent at which the gear rack and the plunger of syringe can move in the rearward direction (Col3, lines 30-35).
Regarding claim 19, Piehl/Stokes discloses the surgical instrument of claim 16. Piehl/Stokes are wherein the kick-back assembly includes an adjustable kick-back lever, a kick-back stop including a tooth operably coupled to the gear rack of the syringe carriage, and a spring disposed between the adjustable kick-back lever and the kick-back stop.
Harry teaches a device (Fig 1) wherein a kick-back assembly includes an adjustable kick-back lever (member 80, Fig 11), a kick-back stop (stop 82, Fig 11) including a tooth (end portion of stop 82, Fig 11) operably coupled to the gear rack (rack gears 43, 45, Fig 3) of the syringe carriage (gear block 35, Fig 3), and a spring (85) disposed between the adjustable kick-back lever (80) and the kick-back stop (82).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl/Stokes with similar kick-back assembly components taught by Harry for the purpose of adjusting the extent at which the gear rack and the plunger of syringe can move in the rearward direction (Col3, lines 30-35).
Claims 1, and 6-8, 11, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Pfahnl et al. (US 20150209821 A1) in view of Stokes et al. (US 20090023984 A1) in further view of Pistor (US 4108177 A).
Regarding claim 1, Pfahnl discloses a surgical instrument comprising: a housing (main housing or chassis 513, Fig 6); a syringe carriage (carriage 505, Fig 6) operably coupled to the housing (513) and configured to couple to a syringe (syringe 550, Fig 6); a movable handle (trigger 510, Fig 6) movable relative to the housing (513) and operably coupled to the syringe carriage (505) to distally advance the syringe carriage (505) ([0091]).
Pfahnl further discloses a needle (needle, [0082]: “ (…) tip 104 can be connected to other components like needles, tubing, and catheters, for example.”)
However, Pfahnl is silent regarding a shaft extending distally from the housing and defining a lumen; a needle sheath extending through the lumen of the shaft, the needle sheath defining a lumen and being movable relative to the shaft between an extended condition and a retracted condition; a needle extending through the lumen of the needle sheath and configured to operably couple to a syringe coupled to the syringe carriage, wherein a distal end of the needle is covered by the needle sheath when the needle sheath is in the extended condition and the distal end of the needle is uncovered by the needle sheath when the needle sheath is in the retracted condition; and a kick-back assembly configured to bias the syringe carriage in a proximal direction.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of shaft 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a needle (needle 64, Fig 6a) extending through the lumen of the needle sheath (70) (Fig 6a-b), wherein a distal end of the needle (64) is covered by the needle sheath (70) when the needle sheath (70) is in the extended condition (Fig 6a) and the distal end of the needle (66) is uncovered by the needle sheath (70) when the needle sheath (70) is in the retracted condition (Fig 6b).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Pfahnl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Pfahnl/Stokes is silent regarding a kick-back assembly configured to bias the syringe carriage in a proximal direction.
Pistor teaches an injector device comprising a kick-back assembly (resilient return means 58 + adjusting screw 67) configured to bias the syringe carriage (36) in a proximal direction.
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Pfahnl/Stokes with similar kick back assembly and supporting structure as taught by Pistor for the purpose of having adjustable means to retract the syringe a desired length upon injection (Fig 6) (Col 7, lines 6-8).
Regarding claim 6, Pfahnl/Stokes/Pistor discloses the surgical instrument of claim 1. Pfahnl discloses wherein the syringe carriage (505) includes a gear rack (teeth 509 of the carriage 505) and the movable handle (505) is operably coupled to a pinion gear (transmission assembly 700, Fig 7) such that movement of the movable handle (505) causes rotation of the pinion gear (700) and linear translation of the gear rack (teeth 509 of the carriage 505) of the syringe carriage (505).
Regarding claim 7, Pfahnl/Stokes/Pistor discloses the surgical instrument of claim 6. , Pfahnl discloses wherein the movable handle (510) and the pinion gear (700) are in ratchet engagement with each other ([0093]).
Regarding claim 8, Pfahnl/Stokes/Pistor discloses the surgical instrument of claim 1. Pfahnl discloses wherein each actuation of the movable handle (513) causes a specific dose (amount of fluid being injected from the syringe body 551; [0091]) to be delivered from the syringe (550).
Regarding claim 11, Pfahnl discloses a surgical instrument comprising: a housing (main housing or chassis 513, Fig 6); a syringe carriage (carriage 505, Fig 6) operably coupled to the housing (513) ; a syringe (syringe 550, Fig 6) storing a fluid (fluid inside syringe 550, Fig 6) and operably coupled to the syringe carriage (505); a movable handle (trigger 510, Fig 6) movable relative to the housing (513) and operably coupled to the syringe carriage (505) to distally advance the syringe carriage (505) ([0091]) and expel the fluid from the syringe (550); a needle (needle, [0082]) operably coupled to the syringe (550)to deliver the fluid (fluid inside syringe 550, Fig 6) from the syringe (550)
Piehl is silent regarding a shaft extending distally from the housing and defining a lumen; a needle sheath extending through the lumen of the shaft, the needle sheath defining a lumen and being movable relative to the shaft between an extended condition and a retracted condition; a lever operably coupled to the needle sheath and configured to move the needle sheath.
Stokes teaches a shaft (deployment device housing 62, Fig 6a) extending distally from the housing (handle 54, Fig 6a) and defining a lumen (lumen of housing 62, Fig 6a); a needle sheath (protective sheath 70, Fig 6a) extending through the lumen of the shaft (62) (Fig 6a), the needle sheath (70) defining a lumen (lumen of sheath 70, Fig 6a) and being movable relative to the shaft (62) between an extended condition (Fig 6a) and a retracted condition (Fig 6b); a lever (rod 72, Fig 6a) operably coupled to the needle sheath (70) and configured to move the needle sheath (70).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Piehl with similar shaft, sheath and retraction mechanism as taught by Stokes for the purpose of protecting the needle and to shield the needle from accidental sticks ([0087]).
Pfahnl/Stokes is silent regarding a kick-back assembly configured to bias the syringe carriage in a proximal direction.
Pistor teaches an injector device comprising a kick-back assembly (resilient return means 58 + adjusting screw 67) configured to bias the syringe carriage (36) in a proximal direction.
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Pfahnl/Stokes with similar kick back assembly and supporting structure as taught by Pistor for the purpose of having adjustable means to retract the syringe a desired length upon injection (Fig 6) (Col 7, lines 6-8).
Regarding claim 16, Pfahnl/Stokes/Pistor discloses the surgical instrument of claim 11. Pfahnl discloses wherein the syringe carriage (505) includes a gear rack (teeth 509 of the carriage 505) and the movable handle (505) is operably coupled to a pinion gear (transmission assembly 700, Fig 7) such that movement of the movable handle (505) causes rotation of the pinion gear (700) and linear translation of the gear rack (teeth 509 of the carriage 505) of the syringe carriage (505).
Regarding claim 17, Pfahnl/Stokes/Pistor discloses the surgical instrument of claim 16. Pfahnl discloses wherein the movable handle (510) and the pinion gear (700) are in ratchet engagement with each other ([0093]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO G PAZ ESTEVEZ whose telephone number is (703)756-5951. The examiner can normally be reached Monday- Friday 8:00-5:00.
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/GUILLERMO G PAZ ESTEVEZ/ Examiner, Art Unit 3783
/Lauren P Farrar/ Primary Examiner, Art Unit 3783