DETAILED ACTION
Applicant's amendments and remarks, filed 10/8/25, are fully acknowledged by the Examiner. Currently, claims 1-2, 4-11, and 15-17 are pending with claims 3 and 12-14 canceled, claim 17 added, and claims 1-2, 4-5, 8-11 amended. Applicant's amendment to claim 8 has overcome the previously filed 35 USC 112(b) rejection. The following is a complete response to the 10/8/25 communication.
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 .
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.
Claim Rejections - 35 USC § 102
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) 1-2, 4-11, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulte (US 2015/0080925).
Regarding claim 1, Schulte teaches a treatment tool comprising:a first grasper (42);
a second grasper that is rotatably provided with respect to the first grasper (55),
a housing supporting the first grasper (housing 80);
a clamp arm supporting the second grasper (clasp arm 54), wherein the clamp arm includes a protrusion protruding in a direction intersecting a longitudinal direction of the clamp arm (protrusion 58);
a shaft configured to rotate the second grasper with respect to the first grasper (shaft 51), wherein the protrusion is in contact with an inner surface of the housing (protrusion 53a-b with adjustment mechanism as in par. [0102]).
Regarding claim 2, Schulte teaches the tool wherein:
The housing is connected to a proximal end side of the first grasper (80 connected to 42 at a proximal side); and
The clamp arm is connected to a proximal end side of the second grasper (54 is connected to the second grasper 55 at a proximal end), wherein the first gripped portion includes a guide configured to sandwich a part of the second gripped portion and guide a rotational position of the second grasper continuous with the second gripped portion (guide 34 as in par. [0078]).
Regarding claim 4, Schulte teaches a shaft configured to rotate the second grasper with respect to the first grasper (shaft 51 rotates second grasper relative to first grasper); and an adjustment mechanism configured to adjust a trajectory along which the second grasper passes when the second grasper rotates about the shaft and approaches the first grasper (par. [0102]), wherein the adjustment mechanism is configured to move the second grasper with respect to the first grasper in a direction parallel to a longitudinal direction of the second grasper (adjustment mechanism as in par. [0102]).
Regarding claim 5, Schulte wherein the protrusion is configured to be positioned on the guide (protrusion 53a-b on guide 34 as in at least Fig. 2).
Regarding claim 6, Schulte teaches wherein the first grasper is configured to vibrate by an ultrasonic wave (ultrasonic blade 42).
Regarding claim 7, Schulte teaches wherein the first grasper and the second grasper are electrodes through which a high-frequency current flows (Aldridge (US 2011/0087212), incorporated by reference, teaches graspers may be ultrasonic, or may be electrodes as in par. [0119]).
Regarding claim 8, Schulte teaches a treatment tool comprising:a first grasper (42);
a second grasper that is rotatably provided with respect to the first grasper (55 rotatable provided with respect to 42), the second grasper being configured to grasp a target region together with the first grasper by approaching the first grasper (par. [0078] 55 and 42 open and close to grasp tissue);
a first shaft configured to rotate the second grasper with respect to the first grasper (shaft 51);
a housing that is connected to a proximal end side of the first grasper (housing 80); and
a clamp arm that is connected to a proximal end side of the second grasper (54); anda second shaft configured to rotatably connect the clamp arm and the second grasper (54 and 55 connect to 51), wherein the second grasper is configured to rotate relative to the clamp arm in a direction intersecting with a longitudinal direction of the clamp arm (55 rotates relative to 54).
Regarding claim 9, Schulte teaches a method of adjusting a treatment tool, the method comprising:
checking a shift between a first grasper and a second grasper provided rotatably with respect to the first grasper in a state where the first grasper and the second grasper are aligned (shift between 55 and 42 for alignment as in par. [0102]); androtating a protrusion located on a clamp arm supporting the second grasper to increase a protrusion amount of the protrusion (adjusting position between the first and second grasper with set screws as in par. [0102]).
Regarding claim 10, Schulte teaches wherein the treatment tool includes a housing connected to a proximal end side of the first grasper (80 proximal to 42), and the clamp arm is connected to a proximal end side of the second grasper (54 proximal to 55), the housing includes a guide configured to sandwich a part of the clamp arm and guide a rotational position of the second grasper continuous with the clamp arm (34 sandwiched with 53a-b), and the protrusion is configured such that the protrusion amount of the protrusion adjusts a relative position between the first and the second grasper (adjustment made by 34 and par. [0102]).
Regarding claim 11, Schulte teaches wherein the protrusion amount of the protrusion is adjustable by a screw (par. [0102] adjusting screws to adjust the path).
Regarding claim 15, Schulte teaches wherein the first grasper vibrates by an ultrasonic wave (ultrasonic blade 42).
Regarding claim 16, Schulte wherein the first grasper and the second grasper are electrodes through which a high-frequency current flows (Aldridge (US 2011/0087212), incorporated by reference, teaches graspers may be ultrasonic, or may be electrodes as in par. [0119]).
Regarding claim 17, Schulte teaches wherein the protrusion is in contact with an inner surface of the guide (protrusion 53a-b with adjustment mechanism as in par. [0102]).
Response to Arguments
Applicant’s arguments, see the remarks, filed 10/8/25, with respect to the rejection(s) of claim(s) 1-16 under 35 USC 102(a) have been fully considered; however, due to the extensive change in scope of the claims, a new interpretation is being taken on the claims and Schulte. The protrusion is now being seen as element 58 rather than 53a-b . Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schulte under a new interpretation.
Examiner notes that first and second members have a bore passing through as in par. [0102], which would go through an inner surface of the housing.
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 BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794