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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112b
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 10, and dependent claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 duplicates the recitation of “a knob portion” in claim 2 and is therefore indefinite.
Claim 10 recites “and wherein receives the protrusion so that the knob portion and the collar are rotationally and longitudinally fixed relative to one another”. It is unclear what is to receive the protrusion and will be interpreted as given in the prior art rejection.
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) 1, 2, 4-6, 9, 11, 14, 15, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Keefe US 20200170701 and further in view of Le US20050250990.
O’Keefe discloses for claim 1, “A connector assembly for a medical device, the connector assembly comprising:
a sleeve (sleeve 270; figs 18, 20, 21; 0237 describes sleeve 270 as covering shaft 15, e.g. including as in fig 58, including to the proximal end, attaching inside the handle) configured to fixedly couple to a shaft of the medical device and rotatably coupled to a handle of the medical device (0237 describes the sleeve 270 bonded to rigid tube 60 which is rotatable with respect to the handle as part of the shaft rotation knob 545 in fig 58);
a collar (shaft rotation knob 545; fig 58; 0278) positioned around the sleeve and configured to couple to the sleeve such that the collar (i) is movable in a proximal and distal direction relative to the sleeve and (ii) is rotatable to cause rotation of the sleeve about a central longitudinal axis when the collar is rotated about the central longitudinal axis (0281); and
a biasing member (spring 570; fig 58; 0281);
wherein the connector assembly is configured to transition between (a) a plurality of neutral positions and (b) an engaged position (fig 57; 0281, additional details at 0277-0278)”.
O’Keefe does not disclose “wherein a first plurality of teeth extend from first fixed ends on a distal surface of the handle to first free ends that are distal to the first fixed ends”, “wherein a second plurality of teeth extend from second fixed ends on a proximal surface of the collar to second free ends that are proximal of the second fixed ends”, and “in which the first plurality of teeth are received by the second plurality of teeth”. This claim amendment describes the configuration of the joint such that the contact surface of the two portions of the joint (distal and proximal teeth) connect in the longitudinal axis rather than the radial axis as is disclosed by O’Keefe.
Le teaches in the same field of endeavor, a joint configured as claimed, i.e. where the distal and proximal portions of the joint meet/contact in the longitudinal axis (distal ends 170 and proximally projecting teeth 173; fig 14A-C; 0133-0136).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Le into the invention of O’Keefe in order to configure the connector assembly e.g. as claimed because it provides a configuration which has a narrower diameter, allowing for thinner connectors capable of use in smaller spaces.
O’Keefe discloses for claim 2, “The connector assembly of claim 1, further comprising a knob portion, wherein the knob portion (indents and peaks on collar 454; fig 57) and the collar cannot rotate relative to the handle in the plurality of neutral positions; and wherein the knob portion and the collar are rotatable relative to the handle in the engaged position (fig 57, 58; 0278-0279 describes the rotating and locking mechanism)”.
O’Keefe discloses for claim 4, “The connector assembly of claim 1, wherein the sleeve includes at least one protrusion at a proximal portion of the sleeve, and the at least one protrusion is configured to be received in a recess of the handle (protrusion on the proximal end of shaft 15 and therefore the sleeve as the sleeve surrounds the shaft 15 as described in claim 1, with corresponding recess in the handle; fig 58)”.
O’Keefe discloses for claim 5, “The connector assembly of claim 1, wherein the biasing member is a spring (spring 570; fig 58; 0281)”.
O’Keefe discloses for claim 6, “The connector assembly of claim 1, further comprising a tube extending through the collar (shaft 15; fig 58)”.
O’Keefe discloses for claim 9, “The connector assembly of claim 1, wherein the collar includes a protrusion extending circumferentially around a central longitudinal axis of the collar (see annotated fig 58 below)”.
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O’Keefe discloses for claim 11, “The connector assembly of claim 1, further comprising a knob portion (indents and peaks on collar 454; fig 57), wherein each of the collar, the knob portion, and the sleeve is approximately cylindrical and includes a respective central longitudinal lumen (fig 58)”.
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Modified O’Keefe discloses for claim 14, “The connector assembly of claim 1, wherein the first plurality of teeth are spaced from the second plurality of teeth in the engaged position (Le: figs 14A-C).
O’Keefe discloses for claim 15, “The connector assembly of claim 1, further comprising a knob portion, wherein the collar is fixedly coupled to the knob portion (fig 58)”.
Modified O’Keefe discloses for claim 21, “The connector assembly of claim 3, wherein, in the plurality of neutral positions, a proximalmost end of the knob portion is proximal of proximalmost ends of all of the first plurality of teeth (Le: the projecting teeth as shown in figs 14A-C)”.
Claim(s) 3, 10, 16, 17, 19, 20, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Keefe and Le as applied to claim 2 above, and further in view of Matlock US20190015646.
O’Keefe discloses for claim 3, “The connector assembly of claim 2, comprising a knob portion positioned around the collar; wherein the knob portion includes ribs (indents and peaks on collar 454; fig 57)”. O’Keefe does not disclose “wherein the knob portion is a separate piece from the collar”. Matlock teaches in the same field of endeavor, providing a grip removable from the body (0294). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Matlock into the invention of O’Keefe in order to configure the connector assembly e.g. as claimed because it allows replacing the grip when worn out without needing to replace the whole device.
O’Keefe discloses for claim 10, “The connector assembly of claim 9, wherein the knob portion includes a recess extending circumferentially around a radially-inward facing surface of the knob portion, and wherein receives the protrusion so that the knob portion and the collar are rotationally and longitudinally fixed relative to one another (protrusion in fig 58 above)”. O’Keefe does not disclose “wherein the knob portion is a separate piece from the collar”. Matlock teaches in the same field of endeavor, providing a grip removable from the body (0294). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Matlock into the invention of O’Keefe in order to configure the connector assembly e.g. as claimed because it allows replacing the grip when worn out without needing to replace the whole device.
O’Keefe discloses for claim 16, “A medical device comprising:
a handle body (fig 56);
a shaft (shaft 15; fig 56, 58) extending longitudinally to a distal tip; and
connector assembly comprising:
a sleeve (sleeve 270; figs 18, 20, 21; 0237 describes sleeve 270 as covering shaft 15, e.g. including as in fig 58, including to the proximal end, attaching inside the handle) fixedly coupled to the shaft and rotatably coupled to a handle body;
a collar (shaft rotation knob 545; fig 58; 0278) positioned around the sleeve and coupled to the sleeve such that collar (i) is movable in a proximal and distal direction relative to sleeve and (ii) is rotatable about a central longitudinal axis of the medical device during rotation of the collar about the central longitudinal axis (0281);
a knob portion positioned around the collar (indents and peaks on collar 454; fig 57); and
a biasing member (spring 570; fig 58; 0281);
wherein the connector assembly is configured to transition between a neutral position and an engaged position (fig 57; 0281, additional details at 0277-0278)”.
O’Keefe does not disclose “wherein the knob portion is a separate piece from the collar”. Matlock teaches in the same field of endeavor, providing a grip removable from the body (0294). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Matlock into the invention of O’Keefe in order to configure the connector assembly e.g. as claimed because it allows replacing the grip when worn out without needing to replace the whole device.
O’Keefe discloses for claim 17, “The medical device of claim 16, wherein the collar includes a series of teeth extending proximally from a proximal end portion of the collar; and wherein the series of teeth are configured to be received by a complimentary series of teeth of the handle body (Le: distal ends 170 and proximally projecting teeth 173; fig 14A-C; 0133-0136)”.
O’Keefe discloses for claim 19, “A method of operating a medical device that includes a handle (fig 56) and a shaft (shaft 15; fig 56, 58) extending longitudinally from the handle, the method comprising:
moving a knob portion of a connector assembly distally and compressing a biasing member of the connector assembly;
rotating the knob portion about a central longitudinal axis of the knob portion relative to the handle; and
releasing the knob portion to fixedly couple the shaft to the handle (0277-0281 describes the same rotating mechanism as claimed)”.
O’Keefe does not disclose “so that first teeth having free ends extending distally from a distal surface of the handle engage with teeth having free ends extending proximally from a proximal surface of the connector assembly”. This claim amendment describes the configuration of the joint such that the contact surface of the two portions of the joint (distal and proximal teeth) connect in the longitudinal axis rather than the radial axis as is disclosed by O’Keefe. Le teaches in the same field of endeavor, a joint configured as claimed, i.e. where the distal and proximal portions of the joint meet/contact in the longitudinal axis (distal ends 170 and proximally projecting teeth 173; fig 14A-C; 0133-0136). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Le into the invention of O’Keefe in order to configure the connector assembly e.g. as claimed because it provides a configuration which has a narrower diameter, allowing for thinner connectors capable of use in smaller spaces.
O’Keefe discloses for claim 20, “The method of claim 19, wherein moving the knob portion of the connector assembly distally includes moving teeth of the connector assembly away from teeth at a proximal end portion of the handle (see annotated fig 57)”.
O’Keefe discloses for claim 22, “The medical device of claim 16, wherein the collar includes a protrusion extending at least partially circumferentially around the collar (fig 58)", and wherein the knob portion includes a recess that receives the protrusion to restrict radial and linear movement between the knob portion and the collar (protrusion in fig 58 above)”.
Modified O’Keefe discloses for claim 23, “The medical device of claim 17, wherein, in the neutral position, a proximalmost end of the knob portion is proximal of proximalmost ends of the series of teeth of the handle body (Le: the projecting teeth as shown in figs 14A-C is configured as claimed)”.
Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Keefe.
O’Keefe, for the embodiment relied upon for claim 1, does not disclose for claim 7, “The connector assembly of claim 1, wherein the sleeve includes a series of longitudinal ribs and the collar includes a series of longitudinal recesses configured to receive the longitudinal ribs”.
To this end, O’Keefe does disclose at 0279 that the collar/knob 545 is longitudinally movable relative to rigid tube 60 but rotationally fixed to rigid tube 60 by means of “projections”. O’Keefe in a different embodiment discloses a projection-keyway system 540-542, fig 57, 0277, 0281 used for rotational immobility. Since the relied upon embodiment fails to disclose the specific nature of the projections, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any projection locking system known in the art, including the one taught by a different embodiment of O’Keefe to achieve a rotationally locking collar.
Modified O’Keefe discloses for 8, “The connector assembly of claim 7, wherein the longitudinal ribs are configured to move proximally and distally through the longitudinal recesses (modified projection-keyway system 540-542, fig 57, 0277)”.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
03/08/26