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
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beuchat et al. (US 5,364,342).
With regard to claim 1, Beuchat discloses a fluid irrigation and/or aspiration apparatus (Fig. 5-12) comprising: a reusable portion (Fig. 9, element 501) comprising: a electric pump motor (Col 6, lines 7-22; Col 6, lines 41-59; “the peristaltic pump 516 is driven by a source of motive power (not shown) such as an electric motor (not shown) located within the console 501” (which is the reusable portion); the diaphragm pump is driven by a mechanism in console 501 which is considered the pump motor) and a power source (Col 6, lines 7-22; supplied with electric power from a source located within the console 501); and a disposable portion (cassette 500) comprising: a handpiece (10 shown in Fig. 27); a power line (Col 1, lines 9-31; long powerline connects control console to the handpiece) connected to the handpiece and connectable to the power source; and a diaphragm (166, best seen in Fig. 12 and 10), wherein, when the reusable portion is connected to the disposable portion at a connection (see Fig. 9, connection generally considered at 505): the power source interfaces with the power line to deliver power to the handpiece (Col 1, lines 9-31), the pump motor interfaces with the diaphragm to create a diaphragm pump 118
configured to provide a flow of a fluid in the disposable portion (Col 6, lines 7-22; Col 8, lines 49-Col 9, line 6, diaphragm pump is used to control aspiration of fluid; and the disposable portion separates the fluid from the reusable portion (Col 6, lines 7-22; Col 8, lines 49-Col 9, line 6).
With regard to claim 2, Beuchat discloses further wherein the fluid is an irrigation fluid (Col 3, lines 43-51; Col 7, lines42-63), the apparatus further comprising a source of the irrigation fluid (Col 2, lines 38-65; source of irrigation fluid combined with the disposable portion, cassette; further the prior art would necessarily have some type of source of irrigation fluid since it is designed to deliver irrigation fluid to a patient; further structure relating to the source is needed to overcome the current rejection), and wherein the diaphragm pump provides the irrigation fluid to the handpiece (Beuchat teaches the diaphragm pump 166 in relation to the aspiration line as described above in rejection to claim 1, Beuchat also teaches a diaphragm pump in relation to the irrigation line, see Fig. 25, element 258; Col 12, lines 45-62).
With regard to claim 3, Beuchat discloses further comprising a collector (118, Fig. 9), and wherein the diaphragm pump provides flow of aspirated fluid from the handpiece to the collector (Col 6, lines 23-40).
With regard to claim 4, Beuchat discloses wherein the disposable portion (500/10) further comprises a tube to carry the flow of the fluid (Fig. 13, elements 508, 534, 540).
With regard to claim 5, Beuchat discloses further comprising a filter in the tube (element 227, Col 10, lines 10-32).
With regard to claim 6, Beuchat discloses wherein the filter is located to protect the diaphragm pump from particles in the flow of the fluid (Col 10, lines 10-32, filter is placed in the irrigation bore 338 and thus would be capable of protecting the diaphragm).
With regard to claim 7, Beuchat discloses wherein the connection comprises a coupling mechanism that transmits motion from the diaphragm pump to the diaphragm (col 5, lines 41-61; slot 505 includes “a means (not shown) for actuating any of valve or pump 516 in cassette”, the means can be considered a mechanism that transmits from the diaphragm pump to the diaphragm which is part of pump 516).
With regard to claim 8, Beuchat discloses wherein the connection comprises one or more sensing devices to sense flow, bubbles, and/or pressure (col 11, lines 11-35; a vacuum sensor located in console 501 senses pressure).
With regard to claim 9, Beuchat discloses wherein the disposable portion comprises one or more sensing devices to sense flow, bubbles, and/or pressure (col 11, lines 11-35; a pressure sensor not shown is part of the cassette, part of the diaphragm chamber 164 and diaphragm 166).
With regard to claim 10, Beuchat discloses further comprising a collector (118, Fig.9) wherein the flow is an aspiration from the handpiece directed to the collector (Col 6, lines 23-40).
With regard to claim 11, Beuchat discloses wherein the collector is a removable collection bag (118).
With regard to claim 12, Beuchat discloses further comprising a valve (526).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beuchat et al. (US 5,364,342) in view of Cimino et al. (US 6,602,227 B1).
With regard to claim 13, Beuchat discloses the handpiece but fails to disclose identification electronics.
Cimino teaches a handpiece (Fig. 1, element 35) and further teaches the handpiece comprising identification electronics (Col 4, lines 20-33; “smart connections such that when it is plugged in the smart connectors can identify the handpiece that is plugged in and activate the handpiece).
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handpiece of Beuchat with identification electronics as taught by Cimino for the purpose of identifying the handpiece and providing pertinent data about the device and give instructions (Col 4, lines 20-33).
Claim(s) 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beuchat et al. (US 5,364,342) in view of Humayun et al. (US 2010/0174415 A1).
With regard to claim 14, Beuchat discloses A disposable fluid irrigation and aspiration apparatus (Fig. 5-12) comprising: a power line (Col 1, lines 9-31; long powerline connects control console to the handpiece) configured to connect to a handpiece (10) and connectable to a power source (Col 6, lines 7-22; supplied with electric power from a source located within the console 501) in a reusable console (501); an irrigation diaphragm (see Fig. 25, element 258; Col 12, lines 45-62); an aspiration diaphragm (166, best seen in Fig. 12 and 10); and a connection area (505) configured to connect to the reusable console (see Fig. 9) wherein, when the connection area is connected to the reusable console (see Fig. 9): the power line receives power to be delivered to a handpiece (Col 1, lines 9-31; long powerline connects control console to the handpiece), the irrigation diaphragm interfaces with a pump motor in the reusable console to provide an irrigation flow (Col 12, lines 45-62), the aspiration diaphragm interfaces with an electric aspiration pump motor in the reusable console to provide an aspiration flow (Col 6, lines 7-22; the diaphragm pump is driven by a mechanism in console 501 which is considered the pump motor; Col 6, lines 7-22; Col 6, lines 41-59; “the peristaltic pump 516 is driven by a source of motive power (not shown) such as an electric motor (not shown) located within the console 501” (which is the reusable portion)); and the irrigation flow and the aspiration flow are separated from the reusable console (see Fig. 9, cassette comprising the irrigation and aspiration flow can be separated from the reusable console).
However, Beuchat does not explicitly disclose two separate electric pump motors, one for irrigation and one for aspiration.
Humayun teaches a reusable surgical tray (10, Fig. 1 and 2, see also embodiment of Fig. 6, that is more similar to that of Beuchat with a handpiece (110) and reusable housing portion (generally at 100) having motors 108 and 118) having an aspiration container (44) an infusion container (46) and separate electric motors for the aspiration and the infusion containers (50 and 42, respectively) ([0062][0063]). Thus because Beuchat already teaches a single electric motor and a separate fluid pressures source (not shown), it would be prima facie obvious to introduce a second electric infusion motor as the pressure source that wasn’t shown that would be part of the reusable console of Beuchat.
Therefore, it would be prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handpiece of Beuchat with the two separate electric motors as taught by Humayun for the purpose of individually controlling the infusion and aspiration of fluid ([0062], [0063])
With regard to claim 15, Beuchat discloses further comprising a filter (element 227, Col 10, lines 10-32).
With regard to claim 16, Beuchat discloses further comprising the handpiece (10).
With regard to claim 17, Beuchat discloses further comprising one or more sensing devices to sense flow, bubbles, and/or pressure (col 11, lines 11-35; a vacuum sensor located in console 501 senses pressure and also a pressure sensor is included but not shown).
With regard to claim 18, Beuchat discloses further comprising a collector (118, fig. 9) wherein the aspiration flow directs fluid from the handpiece to the collector (Col 6, lines 23-40).
With regard to claim 19, Beuchat discloses wherein the collector is a removable collection bag (118).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 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.
Applicant stated that the cited portions of Beuchat point to an electric motor that appeared to be located in the disposable cassette and not the reusable housing. Examiner agrees the language used in the cited portion was not explicitly clear where the electric motor was located, the following paragraph in the prior art appears to explicitly state that an electric motor is located in the console 501 which is the reusable portion thus clarifying the location of the electric motor. Beuchat, Col 6, lines 41-59; “the peristaltic pump 516 is driven by a source of motive power (not shown) such as an electric motor (not shown) located within the console 501”. Thus, it is believed that Beuchat still teaches the amended claims.
Claim 14 has been rejected using a new reference Humayun (US 2010/0174415 A1) because the claims not recite two separate electric motors, one for irrigation and the other for aspiration. Beuchat alone was not explicitly clear if there was one or more motors. Thus Humayun is now being used to teach two separate motors one for irrigation and one for aspiration.
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 LAUREN P FARRAR whose telephone number is (571)270-1496. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/Lauren P Farrar/Primary Examiner, Art Unit 3783
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