DETAILED ACTION
Claims 1-20 are canceled. Claims 21, 28-30, 36, and 37 are amended. A complete action on the merits of pending claims 21-40 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Double Patenting
The applicant has left the double patenting rejection in abeyance. The nonstatutory double patenting rejection can be found in the Non-Final Rejection filed 1/15/26.
Claim Rejections - 35 USC § 102
Claims 21-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fortson US 20070282333.
Regarding claims 21, 29, and 37, Fortson teaches an energy source (Fig. 1 30); and a forceps electrically coupled to the energy source (Fig. 1 100), the forceps including: an instrument housing (Fig. 2 70); an elongated shaft assembly extending distally from the instrument housing (Fig. 1 72) to an end effector (Fig. 1 81); and a rotation knob assembly supported in the instrument housing and including a rotation knob (Figs, 1 and 2 and par. [0059] retainer 29 is a rotatable knob) and an inner housing (Fig. 8a connector assembly 350), the rotation knob coupled to the elongate shaft assembly and positioned to at least partially circumscribe (Figs. 1 and 2 rotation knobs around shaft and housing) and rotate about the inner housing and the longitudinal axis to rotate the elongated shaft assembly relative to the inner housing (par. [0059]) knob rotates the end effector and 80, which is part of transducer 50, about the longitudinal axis), the inner housing coupled to the instrument housing (par. [0096] connector assembly 350 supported in housing 70) and supporting a first contact spring and a second contact spring (Fig. 8a slit ring conductors 360 and 370), the first contact spring disposed in contact with a first contact ring to transmit electrical energy between the first contact spring and the first contact ring, and the second contact spring disposed in contact with a second contact ring to transmit electrical energy between the second contact spring and the second contact ring (pars. [0096] and [0097] slit rings 360 and 370 transmit energy to rings 400 and 410), the first contact ring having a different diameter than the second contact ring and being electrically isolated from the second contact ring (Fig. 8a).
Regarding claims 22, 30, and 38, Fortson teaches wherein the first contact spring is disposed radially farther from the longitudinal axis than the second contact spring (Fig. 8a).
Regarding claims 23, 31, and 39, Fortson teaches wherein the first contact spring is supported in a first slot defined in the inner housing and the second contact spring is supported in a second slot defined in the inner housing (Figs. 7 and 8a and par. [0096] fittings of 360 and 370).
Regarding claims 24, 32, and 40, Fortson teaches wherein the first and second contact rings are longitudinally offset from one another (Fig. 7).
Regarding claims 25 and 33, Fortson teaches wherein the first and second contact springs are vertically offset from one another (Fig. 8a).
Regarding claims 26 and 34, Fortson teaches wherein the rotation knob includes a shaft mount defining a passageway for receiving the elongated shaft assembly therein (Fig. 2 and par. [0059]).
Regarding claims 27 and 35, Fortson teaches wherein the rotation knob defines an outer ring recess positioned to receive the first contact ring and an inner ring recess positioned to receive the second contact ring (Fig. 8a and pars. [0059] and [0096] spring slip ring conductors 360 and 370 are positioned within recesses of connector assembly 350, which is understood to be supported by rotation knob 28 if it were added to outer tube retainer 29).
Regarding claims 28 and 36, Fortson teaches wherein the inner recess and the outer ring recess are separated by an isolation ring (par. [0094] 400 and 410 separated by 413).
Response to Arguments
Applicant's arguments filed 3/17/26 have been fully considered and are persuasive regarding the interpretation taken in the previous office action. However, Fortson continues to read on the claim when assembly 350 is interpretated as the inner housing. 350 is supported within the housing (par. [0096]). The knob rotates the end effector, shaft and the transducer relative to the housing and the longitudinal axis (par. [0059]). The rings 400 and 410 are part of the transducer (par. [0093]). Thus, the knob rotates the shaft relative to the inner housing as amended. Therefore, even though the arguments presented in light of the amendments were persuasive, Fortson still reads on the claims.
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.
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/R.T.C./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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