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 .
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-5, 7-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cotter et al (WO 2020157682 A1).
Regarding claim 1, Cotter discloses a flue (60; figures 26-29, 31, 32) for use with an ultrasonic horn 14 comprising:
a base 61(one or more base or base portions) having a first connector 61a and a second connector 61b interconnected by a base body 61 (figures 26-28), and wherein the base body 61 includes a first end 60a and an opposing second end 61b, wherein the first end 60a of the base body includes the first connector and the second end 61b of the base body includes the second connector [00096-00097];
wherein the first connector 61a includes a first overmold portion 144 adapted to engage a nosecone; and
wherein the second connector 61b includes a second overmold portion (fig 28 at 62, 65a; [00097]).
Regarding claim 2, wherein at least one of the first connector 61a and the second connector 61b is secured to the base body by at least one of a plastic weld (the first connector 61a is overmolded to the nosecone 140 (gig 27); the second connector 61b is overmolded to overmold 62; [00083]),
Regarding claim 3, wherein the at least one of the first connector 61a and the second connector 61b is secured to the base body by the plastic weld [00083].
Regarding claim 4, wherein the at least one of the first connector and the second connector is secured to the base body by the adhesive seal ([00083] the bond creates an adhesive seal via heat).
Regarding claim 5, wherein at least one of the first connector 61a and the second connector 61b includes one or more ribs (protrusion at 63 and at 66 in fig 29), and wherein the one or more ribs are overmolded [00096] by the first overmold portion and the second overmold portion, respectively [000101].
Regarding claim 7, wherein the second overmold portion includes a through opening narrowing away from the second connector (fig 29).
Regarding claim 8, Cotter discloses an ultrasonic surgical apparatus (figs 1-38) for fragmenting tissue and removing fragmented tissue, comprising:
a surgical handpiece 110 comprising a housing, a nosecone 140 attached to the housing, a flue 60 attached to the nosecone, and a transducer (not shown) mounted within the housing;
a surgical tip 14 connected to the transducer via an internal horn 14 [00065-00066];
an irrigation system [00067] connected to the handpiece for supplying irrigation fluid adjacent the surgical site for suspending fragmented tissue;
an aspirating system 24 connected to the handpiece for aspirating fluid and tissue fragmented at the surgical site; and
wherein the flue 60 having a first end 60a and an opposing second end 60b, the flue 60 includes a base 61, a first overmold portion at 63 defining the first end, and a second overmold portion defining the second end [00083].
Regarding claim 9, wherein the base 61 includes a base body having a first end 61b and an opposing second end 61a, a first connector at 61b, and a second connector at 61a, wherein the first connector 61b is connected to the first end of the base body and the second connector 61a is connected to the second end of the base body.
Regarding claim 10, wherein the first connector 61b includes the first overmold portion 65a and the second connector 61a includes the second overmold portion at 66.
Regarding claim 11, at least one of the first connector and the second connector includes one or more ribs engaging the first overmold portion and the second overmold portion, respectively (protrusion at 63 and at 66 in fig 29; with the nosecone and overmolding 62 respectively).
Regarding claim 12, wherein at least one of the first connector and the second connector is secured to the first end and the second end of the base body, respectively, by at least one of a plastic weld, an adhesive bond, and an adhesive seal [00083].
Regarding claim 13, wherein the at least one of the first connector and the second connector is secured to the first end and the second end of the base body, respectively, by the plastic weld and the adhesive bond [00083].
Regarding claim 14, wherein the at least one of the first connector and the second connector is secured to the first end and the second end of the base body, respectively, by the adhesive seal ([00083] the bond creates an adhesive seal via heat).
Regarding claim 15, wherein the first connector and the second connector are made of a material different from the first overmold portion and the second overmold portion [00074, 00083, 00091, 000103].
Regarding claim 16, wherein the base body is made of a material different from the first and second overmold portions [00074, 00083, 00091, 000103].
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cotter et al (US 20170304655 A1).
Regarding claim 17, Cotter discloses an ultrasonic horn 14 (fig 4) comprising:
a first horn member 14a;
a second horn member 14c; and
one or more third horn 14b members connecting the first horn member to the second horn member for a predetermined overall length of the horn.
Allowable Subject Matter
Claims 6, 18-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cris L Rodriguez whose telephone number is (571)272-4964. The examiner can normally be reached Mon-Thur 8am- 2pm..
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/Cris L. Rodriguez/
Primary Patent Examiner
Art Unit 3783