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 December 30th, 2025 has been entered. Claim 2 has been amended. Claims 1-8, 10-18 are now pending in the application. The previous drawing objection and 35 U.S.C. 112(b) rejection of claim 2 are withdrawn in light of Applicant's amendment.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
Applicant makes no statement at this time regarding the interpretation of claims 2, 8, and 10 under 35 U.S.C. 112(f). Examiner asserts that “elastic slider biasing member” in its first appearance in claim 2 presents a generic placeholder with the term “member,” the generic placeholder is modified by functional language “member operable to,” and the generic placeholder is not modified by sufficient structure.
Applicant argues that the rejection under 35 U.S.C. 102(a)(1) of claims 1-8, 10-18 by Feuer et al. (US 20140288367 A1, hereinafter Feuer) need be withdrawn. The applicant makes the argument that independent claims 1 and 18 recite “a wiper blade… extends beyond a centerline” and “whereby the wiper blade crosses the centerline” which, the applicant argues, Feuer does not disclose. The examiner asserts that Feuer does disclose these features as disclosed in the updated 35 U.S.C. 102 rejection below and the examiner asserts that claims 1 and 18 require a lower edge, of the wiper blade, to extend beyond a centerline with respect to a tube. Moreover, the centerline as claimed can be any line with respect to the tube/ attachment tube. The updated rejection depicts a modified version of FIGS. 50 and 51 from Feuer which disclose a lower edge of the wiper extending beyond a centerline, and the updated rejection points to paragraph 137 of Feuer, which discloses that abutment of a camera against the wiper blade, i.e. in the closed position depicted in FIG. 51, will cause the jaws to open and therefore, cause at least a portion of the wiper blade to cross the centerline, as depicted in Modified FIG. 50. Examiner maintains the rejection under 35 U.S.C. 102(a)(1) of claims 1-8, 10-18 with Feuer, however, with an updated rejection.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Elastic Slider Biasing Member in claim 2, 8, 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Examiner’s Comments
The present rejection(s) reference specific passages from cited prior art. However, Applicant is advised that the rejections are based on the entirety of each cited prior art. That is, each cited prior art reference “must be considered in its entirety”. (See MPEP 2141.02(VI)) Therefore, Applicant is advised to review all portions of the cited prior art if traversing a rejection based on the cited prior art.
Claim Rejections - 35 USC § 102
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 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) 1-8, 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feuer et al. (US 20140288367 A1, hereinafter Feuer).
Regarding Claim 1, Feuer discloses
A device (tip assembly 5005) adapted to be fitted to an open end of a trocar tube (par. 135 discloses tip assembly configured to couple to trocar), the device comprising:
a substantially cylindrical attachment tube (body 5003/ par. 135 discloses adapter sleeve) operable to be coupled to the open end of the trocar tube (par. 135 discloses ability to be coupled to trocar);
a jaw (at least one jaw 5010) extending away from the attachment tube and having a substantially conical distal end (distal end 5043) located away from the attachment tube (depicted in FIG. 50), wherein the jaw has sidewalls (depicted in FIG. 50) corresponding to a portion of the circumference of the tube (par. 136 discloses upper jaw flexes relative to body 5003);
a sheath (5011, par. 56 discloses pair of jaws) extending away from the attachment tube and having a distal end that extends toward the substantially conical distal end of the jaw (depicted in FIG. 50), wherein the sheath has sidewalls (depicted in FIG. 50) corresponding to another portion of the circumference of the tube (par. 136 discloses lower jaw flexes relative to body 5003) and the sidewalls of the sheath and the sidewalls of the jaw being biased towards each other through at least one elastic member (closing mechanism 5022, FIG. 51, par. 138 disclose closing mechanism configured to bias upper jaw and lower jaw to a closed configuration);
a slider (first slider 5012) coupled to the jaw and operable to translate with respect to the jaw (par. 136 discloses relative motion of slider with respect to the jaw);
a wiper blade (wiper 5040) coupled to the slider (depicted in FIG. 50),
wherein the wiper blade has a lower edge that extends away from the jaw and extends beyond a centerline with respect to the attachment tube (Modified FIG. 51 below discloses lower edge, indicated in green, of wiper 5040 extending beyond a centerline, dashed red line, with respect to the attachment tube 5003);
wherein the wiper blade is operable to be engaged by a camera (par. 137 discloses camera) traversing through the attachment tube (par. 137 discloses camera abuts wiper),
whereby the wiper blade crosses the centerline and allows the camera to pass beyond the wiper (par. 137, 141 disclose instruments pass through opening between jaws; Modified FIG. 51, par. 137 disclose camera/ instrument abut wiper which causes the jaws to open and make an opening between them, thereby causing the wiper to cross the centerline, as depicted in Modified FIG. 50 below),
which is operable to remove fluids and/or substances from the camera (par. 64 discloses wiper blades wipe debris off camera).
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Modified FIG. 50 (US 20140288367 A1) Modified FIG. 51 (US 20140288367 A1)
Regarding Claim 2, Feuer discloses
The device as recited in claim 1, further comprising an elastic slider biasing member (slider biasing members 5030) operable to bias the wiper towards the opening in the attachment tube (par. 139 discloses slider biasing members biases slider to a retracted position depicted in FIG. 50).
Regarding Claim 3, Feuer discloses
The device as recited in Claim 2, further comprising a ramp (507) that is coupled to the jaw, wherein the ramp is operable to be contacted by the camera and cause the jaw to be opened (Figs. 9-12 illustrate the camera contacting the ramp (507) to aid in opening the jaw).
Regarding Claim 4, Feuer discloses
The device as recited in claim 3, wherein the ramp is integrally formed with the jaw (Figs. 9-12).
Regarding Claim 5, Feuer discloses
The device as recited in claim 3, wherein the end of the ramp closest to the attachment tube is located closer to the attachment tube than the wiper blade in a retracted state, the wiper blade being positioned in the retracted state to contact the camera prior to the camera contacting the ramp (Figs. 9-12 illustrate this configuration).
Regarding Claim 6, Feuer discloses
The device as recited in claim 3, wherein the ramp is coupled between the slider and the jaw (Figs. 9-12).
Regarding Claim 7, Feuer discloses
The device of claim 2, further comprising a flexible jaw member coupled to the jaw (slot 4304,, FIG. 50 depicts substantially similar slots connecting jaws and tube; par. 118 discloses slots allow consistent movement between parts, moreover, materials of the tip assembly require consistency; par. 50 discloses the use of semi-deformable, i.e. flexible, material; par. 152 discloses different components of different embodiments can be combined), wherein the flexible jaw member is operable to allow the jaw to move relative to the attachment tube (depicted in FIG. 45; par. 118 discloses slots allow consistent movement between parts).
Regarding Claim 8, Feuer discloses
The device of claim 7, wherein the elastic slider biasing member is coupled to the flexible jaw member at a first end and the slider at a second end and the slider is operable to slide relative to the jaw in substantially the same plane as the jaw (FIG. 45 depicts flexible jaw member is a part of jaw; par. 136 discloses relative motion between slider and jaw; FIG. 50 depicts slider biasing member coupled to jaw and slider).
Regarding Claim 10, Feuer discloses
The device of claim 8, wherein the elastic slider biasing member is a compression spring and is operable to be received within a cavity formed in the substantially conical distal end of the jaw and a cavity formed in the slider (par. 63 discloses slider biaser can be a spring; par. 136 discloses channels formed on slider; FIG. 50 depicts jaw cavity; par. 152 discloses different components of different embodiments can be combined).
Regarding Claim 11, Feuer discloses
The device of claim 1, wherein the substantially cylindrical attachment tube has an inner diameter correspondingly sized to provide a press fit connection with the open end of the trocar tube (par. 108 discloses proximal end of jaw assembly can receive the distal end of an adapter sleeve with a snap-fit or press-fit connection; par. 152 discloses different components of different embodiments can be combined).
Regarding Claim 12, Feuer discloses
The device of claim 1, wherein the at least one elastic member comprises two elastic members (FIG. 50, via elastic member (5022) and (5230)).
Regarding Claim 13, Feuer discloses
The device of claim 1, wherein the at least one elastic member is made of rubber (par. 138 discloses closing mechanism is an elastic band that is rubber).
Regarding Claim 14, Feuer discloses
The device of claim 1, wherein the at least one elastic member is metallic (par. 138 discloses closing mechanism is an elastic band that is metallic).
Regarding Claim 15, Feuer discloses
The device of claim 1, wherein the sheath extends to partially overlap with the conical distal end of the jaw (depicted in FIG. 51).
Regarding Claim 16, Feuer discloses
The device of claim 15, wherein the sheath has a tapered portion at the distal end that has an outer slope substantially identical to the slope of the conical distal end of the jaw (depicted in FIG. 50, 51).
Regarding Claim 17, Feuer discloses
The device as recited in claim 1, wherein the substantially conical distal end has a chisel-like shape (depicted in FIG. 50, 51).
Regarding Claim 18, Feuer discloses
A trocar (tip assembly 5005) comprising:
a tube (body 5003/ par. 135 discloses adapter sleeve);
a jaw (at least one jaw 5010) extending away from the attachment tube and having a substantially conical distal end (distal end 5043) located away from the tube (depicted in FIG. 50), wherein the jaw has sidewalls (depicted in FIG. 50) corresponding to a portion of the circumference of the tube (par. 136 discloses upper jaw flexes relative to body 5003);
a sheath (5011, par. 56 discloses pair of jaws) extending away from the tube and having a distal end that extends toward the substantially conical distal end of the jaw (depicted in FIG. 50), wherein the sheath has sidewalls (depicted in FIG. 50) corresponding to another portion of the circumference of the tube (par. 136 discloses lower jaw flexes relative to body 5003) and the sidewalls of the sheath and the sidewalls of the jaw being biased towards each other through at least one elastic member (closing mechanism 5022, FIG. 51, par. 138 disclose closing mechanism configured to bias upper jaw and lower jaw to a closed configuration);
a slider (first slider 5012) coupled to the jaw and operable to translate with respect to the jaw (par. 136 discloses relative motion of slider with respect to the jaw);
a wiper blade (wiper 5040) coupled to the slider (depicted in FIG. 50), wherein the wiper blade has a lower edge that extends away from the jaw and extends beyond a centerline with respect to the attachment tube (Modified FIG. 51 below discloses lower edge, indicated in green, of wiper 5040 extending beyond a centerline, dashed red line, with respect to the tube 5003);
wherein the wiper blade is operable to be engaged by a camera (par. 137 discloses camera) traversing through the tube (par. 137 discloses camera abuts wiper),
whereby the wiper blade crosses the centerline and allows the camera to pass beyond the wiper (par. 137, 141 disclose instruments pass through opening between jaws; Modified FIG. 51, par. 137 disclose camera/ instrument abut wiper which causes the jaws to open and make an opening between them, thereby causing the wiper to cross the centerline, as depicted in Modified FIG. 50 below),
which is operable to remove fluids and/or substances from the camera (par. 64 discloses wiper blades wipe debris off camera).
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Modified FIG. 50 (US 20140288367 A1) Modified FIG. 51 (US 20140288367 A1)
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 ABDUL HADI ABBASI whose telephone number is (571)272 4076. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL HADI ABBASI/Examiner, Art Unit 3795
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795
Prosecution Insights