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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/15/2026 has been entered.
This office action is responsive to the amendment filed on 07/15/2026. As directed by the amendment: claims 1 and 5 have been amended. Thus, claims 1-13 are presently pending in this application.
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.
Claims 1, 2, 5, 6, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Beaupre (US 20180235650 A1) in view of Masuda et al. (US 20120101493 A1).
Regarding claim 1 Beaupre discloses (fig. 1-2 and 6-10) a vibration transmission member comprising:
a main body 12 that extends from a front end toward a proximal end of the vibration transmission member to define a longitudinal axis direction (see fig. 1 and [0031]) and that has a proximal end 14 to which an ultrasonic transducer 82 configured to generate ultrasonic vibration (see [0034]) is connected (see [0036]); and
an end effector (24+18C) that is installed at a front end of the main body 12 (see fig. 1 and 5) and that has a curved shape (see [0031]) which curves in a first direction (upward direction as viewed in fig. 6) toward the front end of the vibration transmission member (see fig. 6), the first direction being orthogonal to the longitudinal axis direction (see fig. 6), the end effector being configured to apply the ultrasonic vibration to a body tissue to treat the body tissue (see [0030]),
the end effector (24+18C) including a constricted portion 36 configured to increase in size in a second direction (left right direction, as viewed in fig. 9) toward a front end of the constricted portion (see fig. 9-10 and [0062]), the second direction being orthogonal to the longitudinal axis direction (top/bottom direction as viewed in fig. 9) and the first direction (out of the page direction as viewed in fig. 9), the constricted portion being configured to decrease in size in the first direction (see annotated fig. below), and
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a wide portion (portion distal 36) that is provided on a front end side of the constricted portion 36 (see fig. 5, 10, and [0062]-[0063]) and that has a size in the second direction that is greater than a size in the first direction (see fig. 5),
a cross-sectional area adjustment portion (29-36) that includes the constricted portion 36 and that has a size along the longitudinal axis direction to be within a predetermined range (see fig. 10) being set to have a cross-sectional area orthogonal to the longitudinal axis direction to be within a predetermined range (see fig. 5-6), wherein:
a frontmost node position (at 26) from among positions of nodes of longitudinal vibrations in the vibration transmission member, the frontmost node position (at 26) being closest to the front end side of the vibration transmission member (see [0039]-[0040] and fig. 1); and
the cross-sectional area adjustment portion is set to have the cross-sectional area to be within the predetermined range (see fig. 5-6, the range is predetermined before it is manufactured).
Beaupre fails to expressly disclose a stress concentration portion at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the constricted portion; the stress concentration portion is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated; the stress concentration portion is positioned adjacent to the frontmost node position.
However Masuda, in the same field of endeavor, teaches (fig. 7) a stress concentration portion (p) at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the end effector (see fig. 7 and [0048]); the stress concentration portion (p) is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated (see [0048]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Beaupre to have a stress concentration portion at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the constricted portion; the stress concentration portion is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated as taught by Masuda, for the purpose of preventing the distal end of the probe from cracking when it reaches the end of its life (see [0048]).
Beaupre as modified teaches the stress concentration portion being set on a proximal end side of the constricted portion (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector and the constricted portion is on the distal side of the end effector); the stress concentration portion is positioned adjacent to a frontmost node position from among positions of nodes of longitudinal vibrations in the vibration transmission member (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector and the front most node if on the distal end of the end effector with the other node proximal of the end effector, see Beaupre fig. 1); the cross-sectional area adjustment portion is set to have the cross-sectional area to be within the predetermined range (any range set before use) to position the stress concentration portion at a predetermined position (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector at a predetermined position).
Regarding claim 2, Beaupre as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Beaupre further discloses (fig. 1-2 and 6-10) the end effector is configured to decrease in size in the first direction toward the front end of the vibration transmission member (curve of 26 decreases the size towards the front end, see fig. 5 and 9).
Regarding claim 5 Beaupre discloses (fig. 1-2 and 6-10) a treatment tool comprising:
a cylindrical sheath 60 (see fig. 1 and [0031]);
a vibration transmission member 12 that is inserted into the cylindrical sheath 60 and that has a front end protruding out from the cylindrical sheath 60 (see fig. 1 and [0032]); and
an ultrasonic transducer 82 configured to generate ultrasonic vibration (see [0034]),
the vibration transmission member including:
a main body 12 that extends from a front end toward a proximal end of the vibration transmission member to define a longitudinal axis direction (see fig. 1 and [0031]) and that has a proximal end 14 to which an ultrasonic transducer 82 (see [0034]) is connected (see [0036]); and
an end effector (24+18C) that is installed at a front end of the main body 12 (see fig. 1 and 5) and that has a curved shape (see [0031]) which curves in a first direction (upward direction as viewed in fig. 6) toward the front end of the vibration transmission member (see fig. 6), the first direction being orthogonal to the longitudinal axis direction (see fig. 6), the end effector being configured to apply the ultrasonic vibration to a body tissue to treat the body tissue (see [0030]),
the end effector (24+18C) including a constricted portion 36 configured to increase in size in a second direction (left right direction, as viewed in fig. 9) toward a front end of the constricted portion (see fig. 9-10 and [0062]), the second direction being orthogonal to the longitudinal axis direction (top/bottom direction as viewed in fig. 9) and the first direction (out of the page direction as viewed in fig. 9), the constricted portion being configured to decrease in size in the first direction (see annotated fig. below), and
a wide portion (portion distal 36) that is provided on a front end side of the constricted portion 36 (see fig. 5, 10, and [0062]-[0063]) and that has a size in the second direction that is greater than a size in the first direction (see fig. 5),
a cross-sectional area adjustment portion (29-36) that includes the constricted portion 36 and that has a size along the longitudinal axis direction to be within a predetermined range (see fig. 10) being set to have a cross-sectional area orthogonal to the longitudinal axis direction to be within a predetermined range (see fig. 5-6), wherein:
a frontmost node position (at 26) from among positions of nodes of longitudinal vibrations in the vibration transmission member, the frontmost node position (at 26) being closest to the front end side of the vibration transmission member (see [0039]-[0040] and fig. 1); and
the cross-sectional area adjustment portion is set to have the cross-sectional area to be within the predetermined range (see fig. 5-6, the range is predetermined before it is manufactured).
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Beaupre fails to expressly disclose a stress concentration portion at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the constricted portion; the stress concentration portion is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated; the stress concentration portion is positioned adjacent to the frontmost node position.
However Masuda, in the same field of endeavor, teaches (fig. 7) a stress concentration portion (p) at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the end effector (see fig. 7 and [0048]); the stress concentration portion (p) is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated (see [0048]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Beaupre to have a stress concentration portion at which stress attributed to the ultrasonic vibration is concentrated being set on a proximal end side of the constricted portion; the stress concentration portion is a portion at which stress attributed to lateral vibration generated due to the curved shape of the end effector is concentrated as taught by Masuda, for the purpose of preventing the distal end of the probe from cracking when it reaches the end of its life (see [0048]).
Beaupre as modified teaches the stress concentration portion being set on a proximal end side of the constricted portion (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector and the constricted portion is on the distal side of the end effector); the stress concentration portion is positioned adjacent to a frontmost node position from among positions of nodes of longitudinal vibrations in the vibration transmission member (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector and the front most node if on the distal end of the end effector with the other node proximal of the end effector, see Beaupre fig. 1); the cross-sectional area adjustment portion is set to have the cross-sectional area to be within the predetermined range (any range set before use) to position the stress concentration portion at a predetermined position (Beaupre is modified to have the stress concentration portion on the proximal side of the end effector at a predetermined position).
Regarding claim 6, Beaupre as modified discloses the claimed invention substantially as claimed, as set forth above for claim 5. Beaupre further discloses (fig. 1-2 and 6-10) the constricted portion 36 is positioned on an outside of the cylindrical sheath 60 (see fig. 1), and the stress concentration portion (proximal end of end effector) is positioned inside the cylindrical sheath 60 (see fig. 1).
Regarding claim 9, Beaupre as modified discloses the claimed invention substantially as claimed, as set forth above for claim 5. Beaupre further discloses the stress concentration portion (proximal end of end effector) is positioned inside the cylindrical sheath 60 (see fig. 1).
Regarding claims 10 and 11, Beaupre as modified discloses the claimed invention substantially as claimed, as set forth above for claims 1 and 5. Beaupre further discloses (fig. 1-2 and 5-10) the main body 12 includes a cross- sectional area decreasing portion 18C provided on the proximal end side of the constricted portion (29-36; see fig. 5 and [0042]), and wherein the cross-sectional area decreasing portion 18C has a slanted surface that is located on a curved side in which the end effector is curved (see annotated fig. 6 below), the slanted surface being slanted toward an opposite side of the curved side and toward the front end of the vibration transmission member (see annotated fig. 6 below).
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Regarding claims 12 and 13, Beaupre further discloses (fig. 14) the wide portion has a flat shape with the size in the second direction being greater than the size in the first direction (see [0065] and annotated fig. 14 below).
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Claims 3, 4, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Beaupre in view of Masuda.
Regarding claims 3 and 4, Beaupre discloses the claimed invention substantially as claimed, as set forth above for claim 1. Beaupre (embodiment of fig. 1) is silent regarding the main body includes a cross-sectional area decreasing portion configured to decrease in cross-sectional area orthogonal to the longitudinal axis direction toward the front end of the vibration transmission member, the cross-sectional area decreasing portion being connected to a proximal end of the cross- sectional area adjustment portion; the cross- sectional area decreasing portion includes a slanted portion that is positioned on a curved side in which the end effector is curved, the slanted portion being slanted to an opposite side of the curved side toward the front end of the vibration transmission member.
However Beaupre teaches in a variant embodiment (fig. 3-4) where the main body 412 includes a cross-sectional area decreasing portion 419 configured to decrease in cross-sectional area orthogonal to the longitudinal axis direction toward the front end of the vibration transmission member (see fig. 4 and [0043]), the cross-sectional area decreasing portion being connected to a proximal end of the cross- sectional area adjustment portion (419 is connected to 24 which comprises the cross- sectional area adjustment portion); the cross- sectional area decreasing portion 419 includes a slanted portion (see annotated fig. 4) that is positioned on a curved side in which the end effecto0 24r is curved (see fig. 3), the slanted portion being slanted to an opposite side of the curved side toward the front end of the vibration transmission member (see annotated fig. 4 below).
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Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Beaupre (fig. 1) to have the main body includes a cross-sectional area decreasing portion configured to decrease in cross-sectional area orthogonal to the longitudinal axis direction toward the front end of the vibration transmission member, the cross-sectional area decreasing portion being connected to a proximal end of the cross- sectional area adjustment portion; the cross- sectional area decreasing portion includes a slanted portion that is positioned on a curved side in which the end effector is curved, the slanted portion being slanted to an opposite side of the curved side toward the front end of the vibration transmission member as taught by Beaupre (fig. 3-4), for the purpose of dampening any vibrations having frequencies other than the drive frequency (see Beaupre [0043]).
Regarding claims 7 and 8, Beaupre discloses the claimed invention substantially as claimed, as set forth above for claims 1 and 5. Beaupre is silent regarding the cross-sectional area adjustment portion has a change rate of the cross-sectional area within +15% relative to a minimum cross-sectional area of the cross-sectional area adjustment portion.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Beaupre to have the cross-sectional area adjustment portion has a change rate of the cross-sectional area within +15% relative to a minimum cross-sectional area of the cross-sectional area adjustment portion since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Beaupre would not operate differently with the claimed change rate of the cross-sectional area as the blade would still cut tissue. Further, applicant places no criticality on the range claimed, indicating simply stating it in the specification.
Response to Arguments
Applicant’s arguments, see pg. 7-8, filed 07/15/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Beaupre and Masuda.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE H MENDEZ whose telephone number is (571)272-9503. The examiner can normally be reached Monday - Friday 8 am-4:00 pm.
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/KATHERINE H MENDEZ/Primary Examiner, Art Unit 3771
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