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 Objections
Claim 17 is objected to because of the following informalities: “an end effector according to claim 1” should be –the end effector according to claim 1—; as introduced in claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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, 5-6, 13, 16, & 20 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 recites the limitation "the arrangement" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner is considering “the arrangement” to be the end effector, as introduced in claim 1.
Claim 5 recites the limitation "the inner tubular member" in line 2. There is insufficient antecedent basis for “inner tubular member” in the claim. Further, the relationship between “the inner tubular member” and the tubular member is unclear, it is unclear if the inner tubular member is the same of different than the tubular member, as introduced in claim 1, which renders the claim indefinite. For examination purposes the examiner is considering “the inner tubular member” to be -- the tubular member--, as introduced in claim 1.
Claim 6 recites the limitation "the inner tubular member" in lines 2-3. There is insufficient antecedent basis for “inner tubular member” in the claim. Further, the relationship between “the inner tubular member” and the tubular member is unclear, it is unclear if the inner tubular member is the same of different than the tubular member, as introduced in claim 1, which renders the claim indefinite. For examination purposes the examiner is considering “the inner tubular member” to be -- the tubular member--, as introduced in claim 1.
Claim 13 recites the limitation "the first cutting window." in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner is considering the first cutting window to be the lateral facing radio frequency active electrode, as introduced in claim
Claim 16 recites the limitation "the tubular member or inner tubular member" in line 1. There is insufficient antecedent basis for “inner tubular member” in the claim. Further, the relationship between an “inner tubular member” and the tubular member is unclear, it is unclear if the tubular member comprises an inner tubular member or if the tubular member is an inner tubular member, which renders the claim indefinite. For examination purposes the examiner is considering “the tubular member or inner tubular member” to be -- the tubular member--, as introduced in claim 1.
Claim 20 recites the limitations “A rotary shaver arrangement for a surgical instrument, the rotary shaver arrangement comprising: an outer tubular member having a central passageway, the tubular member comprising a second cutting window at the distal end thereof; and a rotary shaver component for a surgical instrument, the rotary shaver component comprising”; it is unclear if the “a surgical instrument” of the rotary shave component is the same or different than the “a surgical instrument” of the rotary shaver arrangement, which renders the claim indefinite. For examination purposes the examiner is considering them to be the same.
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.
Claims 1, 6, 9, 11-12, 15, & 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knudsen et al. (US 20050027235 A1), hereinafter “Knudsen”.
Regarding claim 1, Knudsen discloses an end effector for an electrosurgical instrument, the end effector comprising: a tubular member providing a central suction lumen ([0046] & [0047]; Figure 5—elements 810 & 820); a lateral facing radio frequency active electrode mounted at the distal end of the tubular member ([0035] & [0046]; Figures 2, 4, & 5—element 520), the electrode comprising a suction aperture ([0040] & [0047]; Figures 2 & 5—element 530), the suction aperture being in fluid communication with the central suction lumen ([0047]); a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least a portion of an inner surface of the tubular member, wherein, when the radio frequency active electrode is in use, the portion of the inner surface is located opposite the lateral facing radio frequency active electrode ([0047]; Figure 5—element 830; the inner surface 825 of the tubular member 810 is lined with a thermal insulation component 830; the examiner is considering the portion to be the portion of the lining/thermal insulation component 830 that is opposite to the active electrode 820).
Regarding claim 6, as best understood in view of the 112(b) rejection above, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses wherein the thermal insulation component comprises a thermally insulating coating on at least the portion of the inner surface of the inner tubular member ([0047]; Figure 5—element 830).
Regarding claim 9, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses wherein the thermal insulation component comprises a heat resistant polymer ([0047]; the thermal insulation component may comprise polyolefin).
Regarding claim 11, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses wherein the thermal insulating component is a solid component ([0047]; the thermal insulation component may comprise a coating of polyolefin or a plastic lining).
Regarding claim 12, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses wherein the thermal insulating component is a hollow component ([0047]; Figure 5—elements 820 & 830).
Regarding claim 15, Knudsen discloses all of the limitations of claim 12, as described above.
Knudsen further discloses wherein the thermal insulating component comprises a steel surface ([0046], [0047], & [0075]; Figure 5—elements 810 & 830; the thermally insulating component 830 is attached to the inner surface of the tubular member 810; the tubular member 810 may be a conductive tube formed of stainless steel or may comprise a conductive coating for connecting to the active electrode; the examiner is considering the steel surface to be the conductive coating which would be in contact with a surface of the insulating component 830).
Regarding claim 17, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses an operative shaft having RF electrical connections operably connected to the lateral facing radio frequency active electrode ([0046] & [0075]; Figure 8—element 810; power is transmitted to active electrode 520 through tube 810; the tube 810 may comprise a conductive coating).
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 1-3, 6, 9, 11-12, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Germain et al. (US 20210000532 A1), hereinafter “Germain”, in view of Knudsen.
Regarding claim 1, Germain discloses an end effector for an electrosurgical instrument, the end effector comprising: a tubular member providing a central suction lumen ([0043] & [0050]; Figure 8—element 122 & 165); a lateral facing radio frequency active electrode mounted at the distal end of the tubular member ([0043] & [0051]; Figures 7A-8—element 140/170), the electrode comprising a suction aperture ([0051]; Figures 7A-8—element 175), the suction aperture being in fluid communication with the central suction lumen ([0043]-[0044] & [0050]-[0051]); at least a portion of an inner surface of the tubular member, wherein, when the radio frequency active electrode is in use, the portion of the inner surface is located opposite the lateral facing radio frequency active electrode ([0043]; Figure 8—element 122; the examiner is considering the portion of the inner surface of the tubular member to be the inner surface of the tubular member 122, a portion of which would be located opposite to the electrode 140 when in use/when rotated).
Germain does not disclose a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least the portion of the inner surface of the tubular member, wherein, when the radio frequency active electrode is in use, the portion of the inner surface is located opposite the lateral facing radio frequency active electrode.
Knudsen teaches an end effector comprising: a tubular member comprising an inner surface and a central suction lumen ([0046] & [0047]; Figure 5—elements 810 & 820), and a lateral facing radio frequency active electrode mounted at the distal end of the tubular member ([0035] & [0046]; Figures 2, 4, & 5—element 520) comprising a suction aperture ([0040] & [0047]; Figures 2 & 5—element 530); a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least a portion of the inner surface of the tubular member, wherein, when the radio frequency active electrode is in use, the portion of the inner surface is located opposite the lateral facing radio frequency active electrode ([0047]; Figure 5—element 830; the inner surface 825 of the tubular member 810 is lined with a thermal insulation component 830; the examiner is considering the portion to be the portion of the lining/thermal insulation component 830 that is opposite to the active electrode 820).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as both references and the claimed invention are directed toward radio frequency electrosurgical devices comprising suction lumens for aspirating fluids and tissue from the surgical site. As disclosed by Knudsen, the inner surface of the tubular member may comprise a thermal insulation component or liner that provides thermal insulation to the tubular member so that the tubular member remains cool despite the passage of hot fluids and ablated tissue through the lumen ([0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as such a modification would allow for the tubular member to remain cool despite the passage of hot fluids and ablated tissue through its lumen.
Regarding claim 2, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Germain further discloses the end effector further comprising an outer tubular member having a central passageway ([0043]; Figure 8—element 120); wherein the tubular member is an inner tubular member rotatably mounted in the central passageway of the outer tubular member ([0043]-[0044]; Figure 8—element 122), the inner tubular member comprises a first cutting window at the distal end thereof ([0016] & [0044]; Figure 8—element 144), the outer tubular member comprises a second cutting window at the distal end thereof ([0016], [0043], & [0046]; Figure 8—element 128), such that the first and second cutting windows align when the inner tubular member is rotated to a first position ([0043] & [0044]; Figure 8—elements 144 & 128; cutting winders 144 & 128 are shown to be aligned), and wherein the portion of the inner surface is located opposite the first cutting window ([0043]; Figure 8—element 122; a portion of the inner surface of inner tubular member 122 is shown to be located opposite to the first cutting window 144).
Regarding claim 3, as best understood in view of the 112(b) rejection, Germain in view of Knudsen disclose all of the limitations of claim 2, as described above.
Germain further discloses wherein the arrangement is such that, when in use, rotation of the inner tubular member within the outer tubular member causes a tissue cutting action of the first cutting window interacting with the second cutting window ([0008] & [0016]).
Regarding claim 6, as best understood in view of the 112(b) rejection above, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Knudsen further teaches wherein the thermal insulation component comprises a thermally insulating coating on at least the portion of the inner surface of the inner tubular member ([0047]; Figure 5—element 830).
Regarding claim 9, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Knudsen further teaches wherein the thermal insulation component comprises a heat resistant polymer ([0047]; the thermal insulation component may comprise polyolefin).
Regarding claim 11, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Knudsen further teaches wherein the thermal insulating component is a solid component ([0047]; the thermal insulation component may comprise a coating of polyolefin or a plastic lining).
Regarding claim 12, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Knudsen further teaches wherein the thermal insulating component is a hollow component ([0047]; Figure 5—elements 820 & 830).
Regarding claim 16, as best understood in view of the 112(b) rejection above, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Germain further discloses wherein the tubular member or inner tubular member comprises a steel blade ([0043], [0044], & [0061]; Figure 8—element 124).
Regarding claims 17-18, Germain in view of Knudsen disclose all of the limitations of claim 1, as described above.
Germain further discloses an operative shaft having RF electrical connections operably connected to the lateral facing radio frequency active electrode (claim 17) ([0063] & [0068]; Figures 14A-14B—elements 402 & 450); the end effector further comprising an outer tubular member having a central passageway ([0043]; Figure 8—element 120); wherein the tubular member is an inner tubular member rotatably mounted in the central passageway of the outer tubular member ([0043]-[0044]; Figure 8—element 122), the inner tubular member comprises a first cutting window at the distal end thereof ([0016] & [0044]; Figure 8—element 144), the outer tubular member comprises a second cutting window at the distal end thereof ([0016], [0043], & [0046]; Figure 8—element 128), such that the first and second cutting windows align when the inner tubular member is rotated to a first position ([0043] & [0044]; Figure 8—elements 144 & 128; cutting winders 144 & 128 are shown to be aligned), and wherein the portion of the inner surface is located opposite the first cutting window ([0043]; Figure 8—element 122; a portion of the inner surface of inner tubular member 122 is shown to be located opposite to the first cutting window 144), the operative shaft further comprising drive componentry operably connected to a rotary shaver arrangement, the rotary shaver arrangement comprising the outer tubular member and the inner tubular member, to drive the rotary shaver arrangement to operate in use (claim 18) ([0063]; Figure 14A—elements 402 & 405).
Regarding claim 19, Germain discloses a rotary shaver component for a surgical instrument, the rotary shaver component comprising: a tubular member providing a central suction lumen ([0043] & [0050]; Figure 8—element 122 & 165), the tubular member comprising a first cutting window at the distal end thereof ([0016] & [0044]; Figure 8—element 144); at least a portion of an inner surface of the tubular member located opposite the first cutting window ([0043]; Figure 8—element 122; a portion of the inner surface of inner tubular member 122 is shown to be located opposite to the first cutting window 144).
Germain does not disclose a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least the portion of the inner surface of the tubular member located opposite the first window.
Knudsen teaches an end effector comprising: a tubular member comprising an inner surface and a central suction lumen ([0046] & [0047]; Figure 5—elements 810 & 820), and comprising a window ([0040] & [0047]; Figures 2 & 5—element 530); a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least the portion of the inner surface of the tubular member located opposite the first window ([0047]; Figure 5—element 830; the inner surface 825 of the tubular member 810 is lined with a thermal insulation component 830; the examiner is considering the portion to be the portion of the lining/thermal insulation component 830 that is opposite to the window 530).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as both references and the claimed invention are directed toward radio frequency electrosurgical devices comprising suction lumens for aspirating fluids and tissue from the surgical site. As disclosed by Knudsen, the inner surface of the tubular member may comprise a thermal insulation component or liner that provides thermal insulation to the tubular member so that the tubular member remains cool despite the passage of hot fluids and ablated tissue through the lumen ([0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as such a modification would allow for the tubular member to remain cool despite the passage of hot fluids and ablated tissue through its lumen.
Regarding claim 20, as best understood in view of the 112(b) rejection above, Germain discloses a rotary shaver arrangement for a surgical instrument, the rotary shaver arrangement comprising: an outer tubular member having a central passageway ([0043]; Figure 8—element 120), the tubular member comprising a second cutting window at the distal end thereof ([0016], [0043], & [0046]; Figure 8—element 128); and a rotary shaver component for a surgical instrument, the rotary shaver component comprising: a tubular member providing a central suction lumen ([0043] & [0050]; Figure 8—element 122 & 165), the tubular member comprising a first cutting window at the distal end thereof ([0016] & [0044]; Figure 8—element 144); at least a portion of an inner surface of the tubular member located opposite the first cutting window ([0043]; Figure 8—element 122; a portion of the inner surface of inner tubular member 122 is shown to be located opposite to the first cutting window 144); wherein the tubular member is an inner tubular member rotatably mounted in the central passageway of the outer tubular member and the first and second cutting windows align when the inner tubular member is rotated to a first position ([0008], [0043], & [0044]; Figure 8—elements 144 & 128; cutting winders 144 & 128 are shown to be aligned).
Germain does not disclose a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least the portion of the inner surface of the tubular member located opposite the first cutting window.
Knudsen teaches an end effector comprising: a tubular member comprising an inner surface and a central suction lumen ([0046] & [0047]; Figure 5—elements 810 & 820), and comprising a window ([0040] & [0047]; Figures 2 & 5—element 530); a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least the portion of the inner surface of the tubular member located opposite the first window ([0047]; Figure 5—element 830; the inner surface 825 of the tubular member 810 is lined with a thermal insulation component 830; the examiner is considering the portion to be the portion of the lining/thermal insulation component 830 that is opposite to the window 530).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as both references and the claimed invention are directed toward radio frequency electrosurgical devices comprising suction lumens for aspirating fluids and tissue from the surgical site. As disclosed by Knudsen, the inner surface of the tubular member may comprise a thermal insulation component or liner that provides thermal insulation to the tubular member so that the tubular member remains cool despite the passage of hot fluids and ablated tissue through the lumen ([0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inner surface of the tubular member, as disclosed by Germain, to include a thermal insulation component provided at the distal end of the and on at least a portion of the inner surface of the tubular member, as taught by Knudsen, as such a modification would allow for the tubular member to remain cool despite the passage of hot fluids and ablated tissue through its lumen.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Strobl et al. (US 20160074095 A1), hereinafter “Strobl”.
Regarding claim 4-5, as best understood in view of the 112(b) rejection above, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen does not disclose wherein the thermal insulation component is such that the distal end of the thermal insulation component is thicker than the proximal end of the thermal insulation component (claim 4); wherein the thermal insulation component is shaped such that it provides a sloped surface from the distal end of the inner tubular member such that the height of the thermal insulation component is greater at the distal end of the thermal insulation component than at the proximal end of the thermal insulation component (claim 5).
Strobl teaches a thermal insulation component ([0064]; Figure 4—element 410), wherein the thermal insulation component is such that the distal end of the thermal insulation component is thicker than the proximal end of the thermal insulation component (claim 4); wherein the thermal insulation component is shaped such that it provides a sloped surface from the distal end of the inner tubular member such that the height of the thermal insulation component is greater at the distal end of the thermal insulation component than at the proximal end of the thermal insulation component (claim 5) ([0064]-[0066]; the thickness of the thermal insulator can increase linearly from the proximal end to the distal end of the end effector).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the thickness of the thermal insulation component, as disclosed by Knudsen, to include the distal end of the thermal insulation component is thicker than the proximal end of the thermal insulation component and wherein the thermal insulation component is shaped such that it provides a sloped surface, as taught by Strobl, as both references and the claimed invention are directed toward electrosurgical devices comprising thermal insulation components. As disclosed by Strobl, the end effector can include a thermal insulator comprising a variable thickness so as to create a plurality of thermal zones (e.g. cooler thermal zones and hotter thermal zones) with a gradual transition between the thermal zones, the thickness of the thermal insulation can increase linearly from the proximal end to the distal end of the end effector so as to create a thermal zone of cooler temperature at the proximal end of the end effector ([0007], [00022], [0065]-[0066]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the thickness of the thermal insulation component, as disclosed by Knudsen, to include the distal end of the thermal insulation component is thicker than the proximal end of the thermal insulation component and wherein the thermal insulation component is shaped such that it provides a sloped surface, as taught by Strobl, as such a modification would provide for a thermal insulator thickness that can create a plurality of different thermal zones with a gradual transition between the thermal zones and provide for a cooler thermal zone at the proximal end of the end effector.
Claims 7-8 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Davies et al. (US 20160066989 A1), hereinafter Davies.
Regarding claims 7-8, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen does not disclose wherein the thermal insulation component comprises a ceramic material (claim 7); wherein the ceramic material comprises Alumina and/or Zirconia (claim 8).
Davies teaches a thermal insulation component ([0044]; Figure 2—element 3), wherein the thermal insulation component comprises a ceramic material (claim 7); wherein the ceramic material comprises Alumina and/or Zirconia (claim 8) ([0059]; the thermal insulation component may comprise a ceramic such as zirconia or alumina).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the material of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component comprises a ceramic material comprising Alumina and/or Zirconia, as taught by Davies, as both references and the claimed invention are directed toward electrosurgical devices comprising thermal insulation components. As disclosed by Knudsen, the thermal insulation component provides protection to the suction lumen from hot fluids and ablated tissue resulting from heat generated by the electrode ([0047]). As disclosed by Davies, the electrosurgical device may comprise a thermal insulation component for protecting a component of the device from heat generated by the electrode, the thermal insulation component may be a ceramic for example zirconia or alumina ([0005] & [0059]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the material of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component comprises a ceramic material comprising Alumina and/or Zirconia, as taught by Davies, as such a modification would provide for a known and suitable material for a thermal insulation component that produces the predictable result of protecting components of the device from heat generated by the electrode, and further it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the thermal insulation component comprises a ceramic material comprising Alumina and/or Zirconia, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 10, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen does not disclose wherein the thermal insulation component is fitted to at least the portion of the inner surface by one or more of the following: interference fit, adhesive and snap fit.
Davies teaches a thermal insulation component ([0044]; Figure 2—element 3), wherein the thermal insulation component is fitted to at least the portion of the inner surface by one or more of the following: interference fit, adhesive and snap fit ([0071]; the thermal insulation component is attached to the device by gluing or pressure fit; the examiner notes the rest are in the alternative).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component is fitted to at least the portion of the inner surface by one or more of the following: interference fit, adhesive and snap fit, as taught by Davies, as both references and the claimed invention are directed toward electrosurgical devices comprising thermal insulation components. As disclosed by Davies, the thermal insulation component may be attached to the device by gluing or pressure fit ([0071]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connection of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component is fitted to at least the portion of the inner surface by one or more of the following: interference fit, adhesive and snap fit, as taught by Davies, as such a modification would provide for a known and suitable attachment for a thermal insulation component to an electrosurgical device so that the thermal insulation component can be retained in place relative to the electrosurgical device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Wojciechowicz (US 5730742 A), hereinafter “Wojciechowicz”.
Regarding claim 13, as best understood in view of the 112(b) rejection above, Knudsen discloses all of the limitations of claim 1, as described above.
Knudsen further discloses wherein the thermal insulating component comprises a heat shield surface located opposite the first cutting window ([0047]; Figure 8—element 830).
Knudsen does not disclose wherein the thermal insulating component comprises an air gap, wherein the air gap is positioned between the heat shield surface and the inner surface of the tubular member located opposite the first cutting window.
Wojciechowicz teaches a tubular member defining a suction lumen ([Col. 6, line 38 – Col. 7, line 24] & [Col. 8, lines 33-44]; Figure 7C—element 22/204), a thermal insulation component provided at the distal end of the tubular member, the thermal insulation component being provided on at least a portion of an inner surface of the tubular member, wherein the thermal insulating component comprises a heat shield ([Col. 8, lines 16-44]; Figure 7C—element 202) and an air gap, wherein the air gap is positioned between the heat shield surface and the inner surface of the tubular member located opposite the first cutting window ([Col. 6, line 65 – Col. 7, lines 13-25] & [Col. 8, lines 16-44]; Figure 7C—element 84).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the thermal insulation component and heat shield surface, as disclosed by Knudsen, to further include an air gap positioned between the heat shield surface and the inner surface of the tubular member, as taught by Wojciechowicz, as both references and the claimed invention are directed toward electrosurgical devices comprising a thermally insulated suction lumen. As disclosed by Wojciechowicz, the airgap between the heat shield surface and the inner surface of the tubular member provides additional thermal insulation to the suction lumen which aids in avoiding blood coagulation in the tip of the suction device ([Col. 3, lines 1-10] & [Col. 3, line 65 – Col. 4, line 6]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the thermal insulation component and heat shield surface, as disclosed by Knudsen, to further include an air gap positioned between the heat shield surface and the inner surface of the tubular member, as taught by Wojciechowicz, as such a modification would provide additional thermal insulation to the suction lumen to aid in avoiding blood coagulation therein.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Knudsen in view of Cartier et al. (US 20080208180 A1), hereinafter “Cartier”.
Regarding claim 14, Knudsen discloses all of the limitations of claim 12, as described above.
Knudsen does not disclose wherein the thermal insulation component is fitted to at least the portion of the inner surface by welding.
Cartier teaches a thermal insulation component ([0032] & [0038]; Figure 1A—element 27), wherein the thermal insulation component is fitted to at least the portion of the inner surface by welding ([0039]; the thermal insulation component can be attached to the device via a silicone heat bond, or any suitable standard welding/melting methods).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component is fitted to at least the portion of the inner surface by welding, as taught by Cartier, as both references and the claimed invention are directed toward electrosurgical devices comprising thermal insulation components. As disclosed by Cartier, the thermal insulation component may be permanently attached to the device by silicone heat bonding or any suitable standard welding/melting methods ([0039]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the connection of the thermal insulation component, as disclosed by Knudsen, to include wherein the thermal insulation component is fitted to at least the portion of the inner surface by welding, as taught by Cartier, as such a modification would provide for a known and suitable attachment for a thermal insulation component to an electrosurgical device so that the thermal insulation component can be permanently attached to the electrosurgical device.
Conclusion
Accordingly, claims 1-20 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794