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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 11/06/2023, 01/24/2024, and 03/20/2024 have been considered by the Examiner.
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.
Claim 14 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 14 recites the limitation "the receiving notches" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-8, 12, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider et al (US 20080170841 A1).
Regarding claim 1, Schneider teaches a control circuit assembly (8) for a surgical handpiece (10) comprising:
an elongated body extending from a first end portion (30) to a second end portion (31) comprising a control circuit (27) and a motor switching circuit (26) (see Fig. 4, [0033-0034]; Elongated body extending from a first end 30 to a second end 31, circuit 26 which changes the direction of the motor, circuit 27 which selects the rotational speed of the motor, sensor system 9, and control/regulating circuit);
a collar (21) formed at the first end portion (see Fig. 3, [0042]; bore 21 at end 30 of control module 8"),
the collar having an opening configured to pass an output shaft (14) of an electric motor (3) (see Fig. 3, [0042]; control module 8" having a bore to accommodate sensor magnet 7, [0028]; sensor magnet 7 is mounted on the rotor shaft 14, see Fig. 3 where rotor 14 in addition to mounted magnet 7 pass through the opening of control module 8”),
the elongated body forming opposing sides comprising a first side directed toward a stator assembly (4) of the electric motor (3) and a second side directed to a drive coupling assembly (12) configured to engage a drive head of the surgical handpiece (see [0014]; the control module arranged between the rotor and the tool receptacle); and
wherein the collar comprises a plurality of positioning features disposed on the first side of the collar (see Fig. 3, [0032]; contact elements 24 which connect control module 8 to drive unit 2),
wherein the positioning features (24) engage complementary retention features of at least one of the stator assembly and the drive coupling assembly of the surgical handpiece aligning the collar (21) with the output shaft (see Fig. 3, [0032]; contact elements 24 which are preferably plug contacts connect the control module 8 to the drive unit 2, it can be appreciated that if contact elements 24 on the control module 8 are plug contacts that in order to serve as a fastening device between the control module and the drive unit, that the drive unit must have the corresponding structure, [0043]; contacts are used to align the Hall sensors 37 with respect to the sensor magnet 7).
Regarding claim 6, Schneider teaches the control circuit assembly according to claim 1, further comprising: a plurality of conductive pin connectors (24) formed over a portion of the first side and aligned with a plurality of complementary pin connectors (see Fig. 3, [0032]; contact elements 24 which are preferably plug contacts connect the control module 8 to the drive unit 2, it can be appreciated that if contact elements 24 on the control module 8 are plug contacts that in order to serve as a fastening device between the control module and the drive unit, that the drive unit must have the corresponding structure).
Regarding claim 7, Schneider teaches the control circuit assembly according to claim 6, wherein the conductive pin connectors (24) comprise receiving terminals configured to receive and conductively connect with the complementary pin connectors in the form of spring pins (see Fig. 3, [0032]; contact elements 24 which may be spring contact plug contacts connect the control module 8 to the drive unit 2, it can be appreciated that if contact elements 24 on the control module 8 are plug contacts that in order to serve as a fastening device between the control module and the drive unit, that the drive unit must have the corresponding structure).
Regarding claim 8, Schneider teaches the control circuit assembly according to claim 1, wherein the stator assembly forms a stacked assembly comprising a rotor (13) and a fastening cap (18) that encloses the stacked drive assembly within a drive body (11) of the surgical handpiece (see Fig. 1, [0026]; sealing cap 18 deals the function section 11 which houses the drive unit 2 comprising the rotor 13).
Regarding claim 12, Schneider teaches the control circuit assembly according to claim 1, wherein the second end portion (31) extends through a handle portion (10) of the surgical handpiece approximately perpendicular to the output shaft (14) of the motor (see Fig. 1; control module 8 extending through handle 10 perpendicular to output shaft 14).
Regarding claim 13, Schneider teaches the control circuit assembly according to claim 1, further comprising: a rotation sensor (37) disposed in the collar (21), wherein the rotation sensor comprises a plurality of Hall effect sensors distributed about the collar (see Fig. 3, [0042]; hall sensors 37 arranged around bore 21).
Regarding claim 15, Schneider teaches the control circuit assembly according to claim 1, wherein an elongated body is configured to extend within a handle of the handpiece (see Fig. 1, [0031]; control module 8 is at least partially accommodated in the hollow space 32 of grip section 10) and comprises a mounting screw in connection with a wall of the handle (see [0032]; control module 8 is mounted in the handle by a first fastening device 34 comprising a plate 35 which is connected by one or more screws to the handle 1 and control module 8).
Regarding claim 16, Schneider teaches the control circuit assembly according to claim 1, further comprising a trigger detection circuit (9) disposed between the first end portion (30) and the second end portion (31), wherein the trigger detection circuit is configured to detect an orientation of a sensor magnet of a trigger assembly, wherein the orientation detected is about a rotational axis extending parallel to a drive axis of the output shaft (see [0028]; magnetic element 6B is designed as a sensor magnet 7 and is used for determining alignment/angle of rotation of the magnetic rotor 13, [0031]; sensor system 9 for determining the alignment/angle of rotation of the sensor magnet 7).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al (US 20080170841 A1) in view of Zhang et al (US 20110227300 A1).
Regarding claims 2-5, Schneider teaches the control circuit of claim 1. Schneider is silent regarding wherein the positioning features and the complementary retention features comprise a plurality of lobes or protrusions and receiving notches positioned over a stator interface between the stator assembly and the first side of the collar;
wherein the lobes and the receiving notches alternate radially about the opening formed by the collar extending over the stator interface;
wherein a rotation of the output shaft and resulting forces on the stator assembly are rotationally bound to the circuit assembly via the plurality of lobes or protrusions and receiving notches positioned over the stator interface;
wherein the lobes comprise a width that increases radially outward from the opening and the receiving notches form complementary wedge-shaped notches that receive the lobes and form complementary openings that align with the width.
Regarding claim 2, Zhang teaches a multi-functional tool which uses an adapter (10) to interface between a driving assembly (40) having an output shaft and an instrument assembly (20 and 30) having a detachable tool head (see Zhang, Abstract) via positioning features and complementary retention features, wherein the positioning features (1) and the complementary retention features (41) comprise a plurality of lobes or protrusions and receiving notches positioned over a drive interface between the drive assembly and the first side of the collar (see Zhang Fig. 8, [0019-0021]; the adapter 10 has a plurality of form-location components 1 on its first side in the form of alternating protrusions and receiving notches that are configured to interface with complementary structures 41 of the drive interface 40).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control circuit having a collar to interface with a stator/drive assembly on one side and a drive head/tool assembly on the other side as taught by Schneider with the positioning features and complementary retention features as taught by Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to securely couple the stator/driving assembly and the control circuit to one another and avoid any unwanted uncoordinated circumferential movement (Zhang [0018]).
Regarding claim 3, Zhang teaches wherein the lobes and the receiving notches alternate radially about the opening formed by the collar extending over the stator interface. See annotated Zhang Fig. 7 below where form-locating components 1 alternate radially between lobes and notches around the collar opening.
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It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control circuit coupling interface taught by Schneider with radially alternating lobes and notches about the opening of the collar as taught by Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to securely couple the stator/driving assembly and the control circuit to one another and avoid any unwanted uncoordinated circumferential movement (Zhang [0018]).
Regarding claim 4, Zhang teaches wherein a rotation of the output shaft and resulting forces on the stator assembly are rotationally bound to the circuit assembly via the plurality of lobes or protrusions and receiving notches positioned over the stator interface (see Zhang [0018]; the grooves of the first form-locating component 1 of the converter 10 are mated with the axial protrusions 41 on the shaft end 40 so that the converter 10 and the shaft end 40 are relatively fixed in the circumferential direction).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control circuit coupling interface as taught by Schneider so that the stator/drive assembly is rotationally bound to the circuit assembly via a plurality of lobes as taught by Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to securely couple the stator/driving assembly and the control circuit to one another and avoid any unwanted uncoordinated circumferential movement (Zhang [0018]).
Regarding claim 5, Zhang teaches wherein the lobes comprise a width that increases radially outward from the opening and the receiving notches form complementary wedge-shaped notches that receive the lobes and form complementary openings that align with the width (see Zhang Fig. 7 where the width of the lobes increases radially outward from the opening and the complementary notches formed in between the lobes).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control circuit coupling interface as taught by Schneider with positioning features and complementary retention features comprising a plurality of lobes having a width that increases radially outwardly as taught by Zhang. One of ordinary skill in the art would have been motivated to make this modification in order to couple the stator/driving assembly and the control circuit to one another using complementary features (Zhang [0018]) that function with regard to the circular opening of the collar.
Claim(s) 9-11 and 18-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al (US 20080170841 A1) in view of Hoegerle (US 20080077149 A1).
Regarding claims 9 and 10, Schneider teaches the control circuit assembly according to claim 8 wherein the fastening cap (18) seals the function section (11) of the handheld device, which comprises the stator assembly, the control circuit, and the instrument interface, which accommodates and supports the structures within the housing. Schneider is silent regarding wherein the fastening cap compresses the positioning features in mating connection with the complementary retention features, thereby binding the elongated body to the stator assembly; and
wherein the fastening cap is in threaded connection with the drive body of the surgical handpiece and the threaded connection compresses the positioning features to the complementary retention features.
Regarding claims 9 and 10, Hoegerle teaches a handheld surgical device (100) comprising an electric motor assembly (120) and an instrument drive head assembly (162) having an interfacing plate (128) in between to couple the two assemblies. Hoegerle’s surgical device also comprises a fastening cap (166), wherein the fastening cap compresses the positioning features in mating connection with the complementary retention features (see Hoegerle [0198]; the drive motor unit 120 is fixed to plate 128 and secured into the housing by screwing the attachment screw 166 against the rear end of the drive motor mount 174), thereby binding the elongated body to the stator assembly (see Hoegerle [0197-0198]; by releasing the attachment screw the plate 128 and the drive unit can be detached from the motor mount 106); and
wherein the fastening cap is in threaded connection with the drive body of the surgical handpiece (see Hoegerle [0197]; attachment screw 166 is introducible with its externally threaded section 168 to an internally threaded section of housing 102).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the fastening cap of the surgical handpiece as taught by Schneider with the threaded fastening cap which facilitates connection between the various assemblies within the housing as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to fix the drive unit and otherwise coupled structures securely in the housing so that electrical connection can be maintained during function, while allowing for easy disassembly (Hoegerle [0197-0198]).
Regarding claim 11, Schneider teaches the control circuit assembly according to claim 1. Schneider is silent regarding wherein the positioning features and the complementary retention features comprise a positioning ring and a receiving groove forming a drive-side interface on the second side of the collar, and
wherein a receiving groove is formed about the opening formed by the collar on the second side and the positioning ring comprises an annular protrusion that extends from the drive coupling assembly of the surgical handpiece.
Hoegerle teaches a teaches a handheld surgical device (100) comprising an electric motor assembly (120) and an instrument drive head assembly (162) having an interfacing plate (128) comprising positioning features to couple the two assemblies (see Hoegerle [0199]; coupling device 180 is fixed to plate 128), wherein the positioning features (180) and the complementary retention (238) features comprise a positioning ring (see Hoegerle Fig. 1, [0205]; ring edge 238 of the end sleeve 234 facing the coupling device 180 abuts on an end face 240 of the coupling device 180) and a receiving groove (240) forming a drive-side interface on the second side of the collar, and
wherein a receiving groove is formed about the opening formed by the collar on the second side (see Hoegerle Fig. 2a, [0205]; end face 240 of coupling device 180) and the positioning ring comprises an annular protrusion that extends from the drive coupling assembly of the surgical handpiece (see Hoegerle [0205]; ring edge 238 of the instrument drive side assembly interfaces with coupling device 180).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the instrument drive side assembly of the control circuit as taught by Schneider with the receiving groove and positioning ring as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the attachment and detachment of a tool from the drive side assembly in electrical connection with the motor assembly via an interface situated in between (Hoegerle [0199], [0203-0207]).
Regarding claim 18, Schneider teaches a method for assembling a surgical handpiece (1) comprising:
installing an elongated body of a control module (8) into an interior cavity extending through a handle (10) of the surgical handpiece (see Fig. 1, [0040]; the control module 8 is installed in the medical handle),
wherein the elongated body comprises a first side comprising a stator interface and a second side comprising a drive-side interface (see [0014]; the control module arranged between the rotor and the tool receptacle);
installing a motor (3) comprising a stator assembly (4) and a rotor (13) into the interior cavity extending from a proximal end portion to a distal end portion of a drive body substantially aligned with a drive axis of the surgical handpiece (see Fig. 1 where the drive assembly comprising a motor, stator, and rotor are arranged from a proximal portion towards the tool receptable 12 to a distal portion toward cap 18 of the handheld surgical device);
engaging a plurality of positioning features and complementary retention features of the stator interface with the stator assembly (see Fig. 3, [0032]; contact elements 24 which connect control module 8 to drive unit 2); and
securing the positioning features and the complementary retention features between the drive coupling assembly and the stator assembly along the drive axis by installing a retention plate at the distal end portion of the drive body (see [0026]; sealing cap 18 seals the function section 11 of the handheld device, which is arranged along the drive axis).
Schneider is silent regarding the control circuit engaging a plurality of positioning features and complementary retention features of the drive-side interface with a drive coupling assembly.
Hoegerle teaches a drive coupling assembly (180) comprising positioning features and complementary retention features of the instrument drive-side interface (see Hoegerle Fig. 1, [0205]; ring edge 238 of the end sleeve 234 facing the coupling device 180 abuts on an end face 240 of the coupling device 180).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the instrument drive side assembly of the control circuit as taught by Schneider with the positioning features and complementary retention features as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the attachment and detachment of a tool from the drive side assembly in electrical connection with the motor assembly via an interface situated in between (Hoegerle [0199], [0203-0207]).
Regarding claim 19, Schneider and Hoegerle teach the method according to claim 18. Schneider further teaches wherein installing the elongated body of the control module (8) into the interior cavity comprises aligning an opening formed within a collar (21) of the control module with the drive axis (see [0040-0042]; to facilitate the control module in the handle assembly, the control module has a bore 21 which accommodates sensor magnet 7, thereby lining up the collar of the control module with the drive axis located perpendicular to the handle).
Regarding claim 20, Schneider and Hoegerle teach the method according to claim 19. Schneider further teaches further comprising:
passing a drive shaft of the motor (magnet 7 mounted on rotor shaft 14 is considered to be part of the rotor) through the opening in the collar and along the drive axis (see [0042]; sensor magnet 7 is accommodated by bore 21 in the control module); and
engaging the drive shaft with the surgical handpiece through the opening in the collar (see [0014]; the control module arranged between the rotor and the tool receptacle).
Schneider is silent regarding engaging the drive shaft with a drive coupling assembly of the surgical handpiece through the opening in the collar,
wherein the drive coupling assembly interconnects the drive shaft to an output actuator of the surgical handpiece at the proximal end portion.
Hoegerle teaches passing a drive shaft of the motor through the opening in the collar and along the drive axis (see Hoegerle [0194]; rotor 150 having bearing shaft 152 is passed through the bore 130 in plate 128); and
engaging the drive shaft with a drive coupling assembly of the surgical handpiece through the opening in the collar (see Hoegerle [0194]; the rotor shaft 152 passes through bore 130 of plate 128, [0199]; the coupling device 180 is affixed to plate 128 in line with the bore 130),
wherein the drive coupling assembly interconnects the drive shaft to an output actuator of the surgical handpiece at the proximal end portion (see Hoegerle [0199]; coupling device 180 interfaces with gear block 162 which has a tool receptacle 188, [0207]; when the coupling device 180 is released from the plate 128, the rotor 150 can be pulled out, so it can be appreciated that the coupling device 180 interfaces with the rotor 150 to keep it in place).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the instrument drive side assembly of the control circuit as taught by Schneider with the coupling assembly as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the attachment and detachment of a tool from the drive side assembly in electrical connection with the motor assembly via an interface situated in between (Hoegerle [0199], [0203-0207]).
Regarding claim 21, Schneider and Hoegerle teach the method according to claim 19. Schneider is silent regarding wherein the engaging the plurality of positioning features and complementary retention features comprises:
engaging a positioning ring of the drive coupling assembly with a receiving groove of the collar on the second side of the control module forming the drive-side interface.
Hoegerle teaches wherein the engaging the plurality of positioning features and complementary retention features comprises:
engaging a positioning ring of the drive coupling assembly (238) with a receiving groove (240) of the collar (180) on the second side of the control module forming the drive-side interface (see Hoegerle Fig. 1, [0205]; ring edge 238 of the end sleeve 234 facing the coupling device 180 abuts on an end face 240 of the coupling device 180).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the instrument drive side assembly of the control circuit as taught by Schneider with the receiving groove and positioning ring as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the attachment and detachment of a tool from the drive side assembly in electrical connection with the motor assembly via an interface situated in between (Hoegerle [0199], [0203-0207]).
Regarding claim 22, Schneider and Hoegerle teach the method according to claim 19. Schneider further teaches wherein the engaging the plurality of positioning features and complementary retention features comprises:
engaging at least one protrusion (24) extending from the first side of the elongated body with a receiving notch formed in the stator assembly (see Schneider [0032]; contact elements 24 connect the control module to the drive unit 2 and may serve as a fastening device for the control module and drive unit wherein the contacts 24 are preferably plug contacts).
Regarding claim 23, Schneider and Hoegerle teach the method according to claim 18. Schneider further teaches conductively connecting a motor control circuit of the control module with the stator assembly via a plurality of conductive contacts (see Schneider [0032]; contact elements 24 are preferably plug contacts which connect the control module 8 to the drive unit 2),
wherein the conductive connection is engaged between the control module and the stator assembly by installing the stator assembly along the drive axis within the interior cavity (see Schneider Fig. 1; rotor shaft 14 comprising magnet 7 installed along the drive axis of the handheld device extending from endcap 18 to instrument assembly 12 perpendicular to handle 10).
Regarding claim 24, Schneider teaches a control module (8) for a surgical handpiece (1) assembly comprising:
a body encapsulated in a sealed assembly (see [0039]; control module 8 is provided with housing 28 to seal and protect the components) extending from a first end portion to a second end portion and having a first side opposing a second side (see Fig. 4, [0033-0034]; Elongated body extending from a first end 30 to a second end 31 having a first side opposing a second side);
a collar formed by the first end portion (see Fig. 3, [0042]; bore 21 at end 30 of control module 8"),
the collar forming an opening extending from the first side to the second side and configured to pass an output shaft (14) of an electric motor (see Fig. 3, [0042]; control module 8" having a bore to accommodate sensor magnet 7, [0028]; sensor magnet 7 is mounted on the rotor shaft 14, see Fig. 3 where shaft 14 in addition to mounted magnet 7 pass through the opening of collar 8”);
a control circuit and a motor switching circuit enclosed within the body (see [0033-0034]; circuit 26 which changes the direction of the motor, circuit 27 which selects the rotational speed of the motor, sensor system 9, and control/regulating circuit),
the body comprising a plurality of positioning features disposed about the opening on the first side of the collar (see Fig. 3, [0032]; contact elements 24); and
wherein the positioning features engage complementary retention features on a stator assembly of the surgical handpiece aligning the collar with the output shaft (see Fig. 3, [0032]; contact elements 24 which connect control module 8 to drive unit 2).
Schneider is silent regarding a plurality of positioning features disposed about the opening on the second side of the collar;
wherein the positioning features engage complementary retention features on a drive coupling assembly of the surgical handpiece aligning the collar with the output shaft.
Hoegerle teaches a teaches a handheld surgical device (100) comprising an electric motor assembly (120) and an instrument drive head assembly (162) having an interfacing plate (128) comprising positioning features to couple the two assemblies (see Hoegerle [0199]; coupling device 180 is fixed to plate 128), wherein the interface comprises a plurality of positioning features disposed about the opening on the second side of the collar (see Hoegerle Fig. 1, [0199]; coupling device 180)
wherein the positioning features engage complementary retention features (238) on a drive coupling assembly of the surgical handpiece aligning the collar with the output shaft (see Hoegerle Fig. 1, [0205]; ring edge 238 of the end sleeve 234 facing the coupling device 180 abuts on an end face 240 of the coupling device 180).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the instrument drive side assembly of the control circuit as taught by Schneider with the positioning features and complementary retention features as taught by Hoegerle. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the attachment and detachment of a tool from the drive side assembly in electrical connection with the motor assembly via an interface situated in between (Hoegerle [0199], [0203-0207]).
Regarding claim 25, Schneider and Hoegerle teach the control module according to claim 24. Schneider further teaches wherein the sealed assembly is formed by a polymeric shell (see Schneider [0037]; the housing 28 is preferably made of plastic, especially preferably a cast material).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al (US 20080170841 A1).
Regarding claim 14, Schneider teaches the control circuit assembly according to claim 13, where a Hall effect sensor (37) is aligned with one of the receiving notches (24) (Schneider Fig. 3, [0042-0043]). In the embodiment relied upon previously, best pictured in Fig. 3, Schneider is silent regarding the Hall effect sensors aligning with each of the receiving notches. However, in an alternate embodiment best pictured in Fig. 2, Schneider teaches three Hall effect sensors (37) in alignment with each of three positioning features (24). Schneider teaches the arrangement of preferably three or more Hall effect sensors which may be arranged in an arc or circular configuration with respect to the positioning contacts (Schneider [0044]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to arrange the plurality of Hall effect sensors about the control circuit collar in alignment with each of the positioning features in order to maintain a constant distance between each of the Hall effect sensors and a constant distance between each of the positioning contacts and the closest Hall effect sensor for precise alignment of the sensors and the sensor magnet. It has been held that the rearrangement of parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI), In re Japikse 86 USPQ 70.
Allowable Subject Matter
Claim 17 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.
Schneider teaches a trigger detection circuit (9), and a control circuit encapsulated within a membrane (28). However, Schneider is silent regarding the trigger detection circuit disposed within an encapsulated membrane of the control circuit assembly and separated from the sensing magnet by a wall of the handle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISHA J SIRCAR whose telephone number is (571)272-0450. The examiner can normally be reached Monday - Thursday 9-6:30, Friday 9-5:30 CT.
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/A.J.S./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792