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 .
According to the Amendment filed on 12/3/25, Claim 21 is amended, and claims 21-40 are pending.
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) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wasicek et al. (US 20150327880 A1) in view of Germain et al. (US 20170224368) and further in view of Bloom (US 20130331833 A1) .
Wasicek discloses an arthroscopic cutting system fig. 1, comprising: a cutting probe 14, comprising: a proximal hub 120, fig. 5; a metal outer sleeve 102, fig. 6, para. 75 extending distally from the proximal hub to a working end of the cutting probe, the metal outer sleeve including a proximal end fixedly attached to the proximal hub fig. 1, the metal outer sleeve further including an outer cutting window 16 formed in a first distal side of the metal outer sleeve fig. 6, the outer cutting window 16 communicating with an axial bore in the metal outer sleeve that extends proximally from the outer cutting window back through the metal outer sleeve fig.1 and 6, the outer cutting window 16 including a first metal (para. 80) sharp cutting edge 112, 114 extending around at least part of the outer cutting window 16; an metal inner sleeve 100, para. 72 extending distally from the proximal hub to the working end of the cutting probe fig. 5 and being rotatably received in the axial bore in the metal outer sleeve fig. 6, the inner sleeve including a distal metal portion with an inner cutting window 104 formed therein, the inner cutting window 104 including a second metal (para. 72) sharp cutting edge 106, 108 extending around at least part of the inner cutting window 104, the inner sleeve rotatable figs 12-13 in the axial bore in the metal outer sleeve for moving the second sharp cutting edge past the first sharp cutting edge for resecting tissue at the working end of the cutting probe, the inner cutting window 104 communicating with an axial extraction channel in the inner sleeve that extends proximally from the inner cutting window back through the inner sleeve for connecting to a negative pressure source (para. 47); further comprising a handpiece 122, fig. 5 configured to removably connect to the proximal hub 120 and including a motor drive unit 66, fig. 2 with a rotatable motor shaft 92, wherein the inner sleeve 100 is coupled to a drive coupling 134 in the proximal hub, the drive coupling couplable to the rotatable motor shaft for rotating the inner sleeve relative to the outer sleeve (para. 60), further comprising a negative pressure source (para. 47) configured to be coupled to the axial extraction channel of the inner sleeve, wherein the controller 48 is configured to operate the negative pressure source, wherein a distal end of the outer sleeve 102 is bullet-shaped with the outer cutting window 16 formed thereacross fig. 6, wherein a distal end on the inner sleeve 100 is bullet-shaped with the inner cutting window 104 formed thereacross fig. 6, wherein the inner cutting window 104 nests in the outer cutting window 16 when aligned with the outer cutting window fig. 12, wherein the metal outer sleeve 102 and the metal inner sleeve 100 are each formed entirely of metal para. 69,70,72, 75.
Germain teaches a dielectric insert (insulator layer 744) , fig. 20-21 carried by the distal metal portion of the inner sleeve, the dielectric insert circumferentially spaced apart from the inner cutting window around an outer surface of the inner sleeve fig. 20-21; and an active electrode 750 carried by the dielectric insert so as to be at least partly exposed along an outer surface of the dielectric insert, wherein the dielectric insert 744 is disposed in a wall of the distal metal portion of the inner sleeve fig. 20-21, wherein along the outer surface of the inner sleeve 712 the dielectric insert 744 is fully surrounded by metal of the distal metal portion fig. 21, wherein part of the distal metal portion extends distally past the dielectric insert along the outer surface of the inner sleeve figs 21, wherein the distal metal portion forms a distal-most tip fig 20-21 of the inner sleeve, a controller 202 adapted to selectively drive the motor drive unit for selectively positioning the active electrode in the outer cutting window, wherein said outer sleeve comprises a return electrode para. 120, a radiofrequency (RF) power supply (para. 34, 39; 162,fig, 1) configured to be coupled to the active electrode and the return electrode, wherein the controller 202 is capable to operate the motor drive unit and the RF power supply 162 in each of: a first mode for mechanical tissue cutting wherein the motor drive is activated to move the second sharp metal cutting edge past the first sharp metal cutting edge for resecting tissue at the working end of the cutting probe and the RF power supply is not activated; a second mode for a combination of mechanical and electrosurgical tissue cutting wherein the motor drive is activated to move the second sharp metal cutting edge past the first sharp metal cutting edge for resecting tissue at the working end of the cutting probe and the RF power supply is activated to deliver a cutting, ablation, or coagulation current to the active electrode; and a third mode where the motor drive positions the active electrode in the outer cutting window and the RF power supply is activated to deliver a cutting current, ablation current, or coagulation current to the active electrode, wherein the active electrode 150 is circumscribed by the dielectric insert which electrically isolates the active electrode from the distal metal portion of the inner sleeve fig. 20-21, the metal outer sleeve and the metal inner sleeve being electrically coupled within the cutting probe to form a combined return electrode para. 120 providing an electrically-conductive pathway extending from the working end of the cutting probe back to the proximal hub para. 120, wherein, along the outer surface of the metal inner sleeve 712 at the working end of the cutting probe, the active electrode 750 is fully surrounded by the dielectric insert 744 to electrically isolate the active electrode 750 from the distal metal portion of the metal inner sleeve (para. 119-120).
Germain also teaches an active electrode 950, fig. 24 circumferentially spaced apart from the inner cutting window around the outer surface of the inner sleeve fig. 24 such that the inner cutting window and the active electrode are alternately rotatable into alignment with the outer cutting window as the inner sleeve is rotated in the axial bore in the metal outer sleeve fig. 24a-b, wherein an aperture 970 extends through the active electrode 950 and the dielectric insert, wherein the inner sleeve is sealed at a distal end thereof except for the inner cutting window and the aperture 970 such that a negative pressure applied to a proximal end of the axial extraction channel can aspirate through either the inner cutting window 940 or the aperture 970, wherein the active electrode 950 includes a curved outer surface that conforms to an outer curvature of the wall of the distal metal portion in which the dielectric insert is disposed, wherein the active electrode 950 and dielectric insert are disposed on a side of the inner sleeve opposite the inner cutting window 940.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the arthroscopic cutting system of Wasicek with a dielectric insert and an active electrode in view of Germain in order to effectively stimulate a nerve when the tip of the probe of the cutting system approaches it or contact it.
Wasicek in view of Germain fail to teach that in a longitudinal direction along the metal inner sleeve, a distal end of the dielectric insert extends distally beyond a proximal end of the inner cutting window.
Bloom teaches a joining assembly 144, fig. 2 (may be considered as a dielectric insert since it may be a non-conductive component (para. 33)) carried by the distal portion of the inner sleeve 140, figs 2 and 5, wherein, in a longitudinal direction along the inner sleeve 140, a distal end of the dielectric insert 144 extends distally beyond a proximal end of the inner cutting window 141, figs 2-3.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the dielectric insert of Wasicek in view of Germain to extends distally beyond a proximal end of the inner cutting window further in view of Bloom in order to effectively and enhancing insulating the outer surface of the inner sleeve including the distal end from the outer sleeve.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “Bloom does not teach or suggest a metal inner sleeve that is formed entirely of metal extending distally from a proximal hub to a working end of a cutting probe-and in fact teaches away from it.”
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In this case, the primary reference of Wasicek teaches a metal inner sleeve (para. 72) that is formed entirely of metal extending distally from a proximal hub to a working end of a cutting probe fig. 5, and examiner only relied on Bloom for teaching that in a longitudinal direction along the metal inner sleeve, a distal end of the dielectric insert extends distally beyond a proximal end of the inner cutting window.
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775