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
Applicant’s election without traverse of Group III, claims 13-19, in the reply filed on 9/23/25 is acknowledged. Claims 1-12 are withdrawn from consideration.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-19 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolford (US 20160346454) in view of Kumar et al. (US 20070021713).
Regarding claim 13, Woolford discloses a surgical method (claim 1), comprising: pumping fluid to a joint during performance of a surgical procedure (par. 0004) according to a joint pressure set-point (claim 1; set head pressure); monitoring the pumping of the surgical fluid (par. 0036; steps (a) and (b) in claim 1); and based on the monitoring, decreasing the joint pressure set-point during the performance of the surgical procedure and pumping fluid to the joint during the performance of the surgical procedure according to the decreased joint pressure set-point (step (d) in claim 1 where a subtracted pressure boost is applied); wherein the joint pressure set-point is not decreased below a predetermined minimum pressure threshold (par. 0036), except for specifically disclosing monitoring a passage of a predetermined amount of time during the pumping of the surgical fluid. However, Kumar et al. teaches monitoring a period of time, the period of time corresponding to a predetermined amount of time during which an irregularity in pressure are detected, such as that monitored by Woolford, and based on that monitoring adjusting parameters related to joint pressure (par. 0165-0167). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Woolford to monitor a passage of a predetermined period of time, such as a predetermined period of time over which an irregular measurement is detected as taught by Kumar et al., for the purpose of preventing the method from unnecessary corrections of minor pressure variations as described in Kumar et al. par. 0167.
Regarding claim 14, Woolford in view of Kumar et al. teaches pumping the fluid to the joint during the performance of the surgical procedure according to the changed joint pressure set-point gradually reduces fluid pressure at the joint (inherent time between which boost adjustment is made and desired outcome occurs) and controls fluid leakage from the joint (Kumar et al.; par. 0165-0167, intravasation for example).
Regarding claim 15, Woolford further discloses setting at least one of an amount of each decrease of the joint pressure set-point (amount of boost subtraction set by each iteration of the methodology of claim 1) and a predetermined minimum pressure threshold (par. 0036).
Regarding claim 16, Kumar et al. teaches monitoring the passage of the predetermined amount of time includes monitoring the passage of a first predetermined amount of time (amount of time during which an irregularity occurs but does not occur for the threshold amount of time) and, thereafter, repeatedly monitoring passage of a second predetermined amount of time (subsequent threshold amounts of time over which an irregularity occurs); and the joint pressure set-point is not decreased until a first monitored passage of the second predetermined amount of time (par. 0165-0167).
Regarding claim 17, Kumar et al. teaches the joint pressure set-point is not decreased until a first monitored passage of the predetermined amount of time (par. 0165-0167).
Regarding claim 18, Woolford discloses an irrigation pump pumps the fluid to the joint (par. 0014); and a processor controls the pumping of the fluid to the joint and performs the monitoring and the decreasing (pump controller in claim 1; par. 0021-0022).
Regarding claim 19, Woolford discloses the fluid is saline (par. 0015).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN R PRICE whose telephone number is (571)270-5421. The examiner can normally be reached Mon-Fri 8:00am-4:00pm Eastern time.
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/NATHAN R PRICE/Primary Examiner, Art Unit 3783