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 .
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.
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 47-8, and 14-18 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.
Regarding claim 4 and 14, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 7-8 are dependent on claim 4, and claims 15-18 are dependent on claim 14.
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) 1-2. 4-7, 9, 11-16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz (US 2017/0333115).
Regarding claim 1, Schwarz teaches a surgical instrument for releasably coupling to a handpiece of a surgical device, the surgical instrument comprising:
an elongate shaft having a distal end and a proximal end (104 with a distal end and proximal end), wherein the elongate shaft defines a longitudinal axis in a direction of elongation of the elongate shaft (104 defines a longitudinal axis);
an end effector at the distal end of the elongate shaft, wherein the end effector is for treating tissue (106 and 108 at a distal end of 104 for treating tissue); and a connecting portion at the proximal end of the elongate shaft (connecting portion at proximal end 124 of shaft), the connecting portion configured to be inserted into a socket of the handpiece and receive an electrical power signal from the handpiece (as in at least Fig. 2), the connecting portion comprising:
a first electrical contact configured to align with a corresponding first electrical contact in the socket of the handpiece when the connecting portion is in the socket (150), and
a second electrical contact configured to align with a corresponding second electrical contact in the socket of the handpiece when the connecting portion is in the socket (152),
wherein the first electrical contact and the second electrical contact are located at different longitudinal positions such that the first electrical contact is more distal than the second electrical contact (150 is more distal than 152).
Regarding claim 2, Schwarz teaches wherein the connecting portion further comprises a first sealing element in between the first electrical contact and the second electrical contact (142), the first sealing element configured to electrically isolate the first electrical contact from the second electrical contact when the connecting portion is in the socket (142 insulating between 150 and 152).
Regarding claim 4, Schwarz teaches wherein the connecting portion comprises a connection hub having a body (connecting portion with hub that enters 128), wherein the first electrical contact is on a surface of the body (electrical contact 150 on surface of the body).
Regarding claim 5, Schwarz teaches wherein the elongate shaft extends through the body such that a proximal portion of the elongate shaft protrudes from a proximal side of the body (104 extends through the body such that 124 protrudes from a proximal side of the body as in Fig. 2), wherein the second electrical contact is on a surface of the proximal portion of the elongate shaft (152).
Regarding claim 6, Schwarz teaches wherein the surgical instrument further comprises a first current path configured to conduct electrical current between the first electrical contact and the end effector (par. [0014]), and a second current path configured to conduct electrical current between the second electrical contact and the end effector (current path between 152 and the end effector as in par. [0043]).
Regarding claim 7, Schwarz teaches wherein the body of the connection hub comprises a plurality of sections, each section having a substantially circular cross-section (section about which 150 surrounds), wherein a first electrical contact is on a surface of a first section of the plurality of sections (150), and a first sealing ring is around a surface of a second section of the plurality of sections (142 around a second section), wherein the radius of the first section is greater than the radius of the second section (section surrounded by 150 is of greater radius than the section surrounded by 142 as in at least Fig. 2).
Regarding claim 9, Schwarz teaches wherein the first electrical contact and the second electrical contact are resiliently deformable (par. [0010], par. [0020] resilient lamella devices that flex), wherein the first electrical contact and the second electrical contact are resiliently deformable in a direction towards the longitudinal axis (par. [0020]).
Regarding claim 11, Schwarz teaches wherein the instrument further comprises a locking mechanism configured to releasably secure the connecting portion within the socket of the handpiece (par. [0053]).
Regarding claim 12, Schwarz teaches wherein the surgical instrument is an electrosurgical instrument (par. [0012]).
Regarding claim 13, Schwarz teaches a handpiece for releasably coupling with a surgical instrument, the handpiece comprising:
a socket for receiving a connecting portion of the surgical instrument to provide an electrical power signal to the surgical instrument (socket 128), the socket comprising: a distal opening that provides access to a passage defined by an inner wall of the socket (128 with an opening defined by the inner wall of 128), the passage having a longitudinal axis (axis along 104); a first electrical contact located in the passage and configured to align with a corresponding first electrical contact of the connecting portion of the surgical instrument when the connecting portion is inserted in the socket (One of 156 connecting to 150 when inserted), and a second electrical contact located in the passage and configured to align with a corresponding second electrical contact of the connecting portion of the surgical instrument when the connecting portion is inserted in the socket (other of 156 connecting to 152), wherein the first electrical contact and the second electrical contact are located at different longitudinal positions such that the first electrical contact is more distal than the second electrical contact (Fig. 2).
Regarding claim 14, Schwarz teaches wherein the passage is formed of a series of passage segments (passage segments within 144), each passage segment being defined by a respective section of the inner wall (section holding 150 and section holding 152), wherein the first electrical contact is located in a first passage segment of the passage segments (first contact of 156 connecting to 150), and the second electrical contact is located in a second passage segment of the passage segment (second contact of 156 connecting to 152).
Regarding claim 15, Schwarz teaches wherein the first electrical contact is embedded in the section of the inner wall that defines the first passage segment (156 connecting to 150 embedded in the wall as in Fig. 2), and the second electrical contact is embedded in the second of the inner wall that defines the second passage segment (156 connecting to 152 embedded in the wall as in Fig. 2).
Regarding claim 16, Schwarz teaches where the passage further comprises a third passage segment in between the first and the second passage segments (portion between 150 and 152), wherein the third passage segment is for receiving a first sealing element of the connecting portion of the surgical instrument to electrically isolate the first electrical contact from the second electrical contact when the connecting portion is inserted into the socket (third section to receive 142).
Regarding claim 18, Schwarz teaches wherein the passage segments have a substantially circular cross section (Fig. 2), wherein each passage segment has a radius such that the radius of the passage reduces in the distal-proximal direction (radius decreases between section 150 and 152).
Regarding claim 19, Schwarz teaches a surgical device comprising:
a handpiece having a socket (socket as inner volume of 128) comprising:
a distal opening that provides access to a passage defined by an inner wall of the socket (opening allowing for 124 to enter as in Fig. 2), the passage having a longitudinal axis (longitudinal axis along 104), and a first electrical contact and a second electrical contacted each located in the passage (150 and 152), wherein the first electrical contact and the second electrical contact are displaced along the longitudinal axis of the passage such that the first electrical contact is more distal than the second electrical contact (150 more distal than 152); and
a surgical instrument comprising: an elongate shaft having a distal end and a proximal end (104 with proximal and distal end as in par. [0059]), wherein the elongate shaft defines a longitudinal axis in a direction of elongation of the elongate shaft (104 defines a longitudinal axis), an end effector at the distal end of the elongate shaft (106 and 108), wherein the end effector is for treating tissue (106 and 108 to treat tissue as in par. [0003]), and a connecting portion comprising a third electrical contact and a fourth electrical contact (156 connecting to either 150 or 152), wherein the third electrical contact and the fourth electrical contact are displaced along the longitudinal axis of the elongate shaft such that the third electrical contact is more distal than the fourth electrical contact (156 connecting to 150 more distal than 156 connecting to 152), wherein the surgical instrument is coupled to the handpiece by the connecting portion being received in the passage (device is connected to 128 when the shaft is connected), such that the first electrical contact is aligned with the third electrical contact and the second electrical contact is aligned with the fourth electrical contact to provide an electrical power signal from the handpiece to the surgical instrument (156 connecting to 150 and 152 as in Fig. 2).
Regarding claim 20, Schwarz teaches wherein the connecting portion further comprises at least a first sealing element in between the third electrical contact and the fourth electrical contact (142), the first sealing element engages the inner wall of the socket between the first electrical contact and the fourth electrical contact to electrically isolate the first electrical contact and the third electrical contact from the second electrical contact and the fourth electrical contact (Fig. 2 and par. [0057]).
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) 3, 8, 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz in view of Houser (US 2020/0078084).
Regarding claim 3, Schwarz is not explicit regarding the connecting portion further comprises a second sealing element distal to the first electrical contact, the second sealing element configured to isolate the first electrical contact from an opening of the socket when the connecting portion is in the socket.However, Houser teaches a sealing element configured to isolate the electrical contact of a similar connection mechanism (422 seals the proximal end of the shaft to the handle of the device).It would have been obvious to one of ordinary skill in the art to modify Schwarz with the sealing of Houser, to help lock the connecting portion in the socket.
Regarding claim 8, Schwarz is not explicit regarding wherein a second sealing ring is around a surface of a third section of the plurality of sections, wherein a radius of the third section is greater than the radius of the first section.However, Houser teaches a sealing element at a radially larger distal end configured to isolate the electrical contact of a similar connection mechanism (422 seals the proximal end of the shaft to the handle of the device).It would have been obvious to one of ordinary skill in the art to modify Schwarz with the sealing of Houser, to help lock the connecting portion in the socket.
Regarding claim 10, Schwarz is silent wherein the instrument further comprises a rotatable shaft arranged concentrically within the elongate shaft, the rotatable shaft comprising a blade for cutting tissue at a distal end thereof.However, Houser teaches a rotatable shaft concentrically within an elongate shaft (par. [0057] knob 314 rotating 312 relative to shaft 320, 312 connecting to a cutting blade 80).
It would have been obvious to one of ordinary skill in the art to modify Schwarz with the rotatable shaft within the elongate shaft as in Houser, as a way to articulate the end effector to cut tissue.
Regarding claim 17, Schwarz teaches wherein the passage further comprises a fifth passage segment proximal to the second passage segment (segment proximal of segment holding 152), wherein the fifth passage segment is for receiving at least part of a rotatable shaft of the surgical instrument (as in Fig. 2). Schwarz is silent regarding wherein the passage further comprises a fourth passage segment distal to the first passage segment, wherein the fourth passage segment is for receiving a second sealing element of the connecting portion of the surgical instrument to isolate the first electrical contact from the opening. However, Houser teaches a sealing element configured to isolate the electrical contact of a similar connection mechanism (422 seals the proximal end of the shaft to the handle of the device as in at least Fig. 6a-b).It would have been obvious to one of ordinary skill in the art to modify Schwarz with the sealing of Houser, to help lock the connecting portion in the socket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Manzo (US 7,367,973) teaches seals in the connection of electrosurgical device elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794