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 8 is objected to because of the following informalities: In claim 8, line 5, there appears to be a colon instead of a semi-colon after the term “pin”. Appropriate correction is required.
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.
Claim(s) 1-5 and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDonell (US 2020/0016001 A1).
Regarding claim 1, McDonell discloses (see abstract; paras. [0023]-[0063]; figs. 1-7) a method for assembling a vitrector (para. [0060]), comprising:
providing a distal housing portion (120, para. [0037]) for the vitrector (fig. 3), a transmission unit (includes motor of proximal motor housing 122 and distal motor housing 124, para. [0037]) configured to drive a needle into oscillation (para. [0038]), an assembly pin (first cutter stop 146, considered to be a pin since 146 is a distally extending protrusion, para. [0039]) configured to be inserted into the transmission unit so as to fix the needle in position (considered to fix inner tube in position when distal movement of diaphragm is limited, para. [0027]), and a needle casing (needle 160, paras. [0043]-[0044]), having a lumen (para. [0043]), the casing being configured to enclose the needle within the lumen (encloses inner tube 154);
fixing the transmission unit to the distal housing portion (projects distally from distal end of housing and may be welded to a stop component, para. [0060]);
inserting the assembly pin into the transmission unit (depicted in fig. 3) so as to fix a distal tip of the needle to be at a most distal position of the oscillation (considered to fix a distal tip of inner tube when distal movement of diaphragm is limited and therefore inner tube of cutter, para. [0027]);
inserting the transmission unit, with the assembly pin inserted, to a predetermined position in the distal housing portion (motor housings included in housing 120, considered to be inserted at a predetermined position, para. [0037]);
inserting the needle casing into the distal housing portion so that the casing encloses the needle (figs. 2-3) and so that the distal tip butts a termination of the needle casing (considered to contact distal end of needle 160, since stops are utilized to impart a gap between inner tube 154 and distal end 68, such that the inner tube 154 is capable of contacting distal end 68 when stops are not utilized, para. [0035]);
fixing the needle casing to the distal housing portion (projects distally from distal end of housing and may be welded to a stop component, para. [0060]); and
removing the assembly pin from the transmission unit (considered to be removed when first cutter stop is out of contact with housing, since para. [0027] describes cutter stops operable to contact a portion of the housing, such that the cutter stops would include a removed/out of contact configuration).
Regarding claim 2, McDonell discloses the method according to claim 1. McDonell further discloses wherein the predetermined position in the distal housing portion comprises a step therein (annotated fig. 3).
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Annotated Figure 3 of McDonell
Regarding claim 3, McDonell discloses the method according to claim 1. McDonell further discloses wherein the needle casing comprises a window therein (port 162, para. [0043]).
Regarding claim 4, McDonell discloses the method according to claim 3. McDonell further discloses wherein the distal tip of the needle completely traverses the window during the oscillation (depicted in fig. 2).
Regarding claim 5, McDonell discloses the method according to claim 1. McDonell further discloses wherein the needle is hollow (155, para. [0044]), and wherein the transmission unit comprises tubing, fixed to a proximal end of the needle, configured to aspirate material from the needle (para. [0061]).
Regarding claim 8, McDonell discloses (see abstract; paras. [0023]-[0063]; figs. 1-7) a vitrector assembly (100, fig. 3), comprising:
a distal housing portion (120, para. [0037]) for a vitrector (fig. 3);
a transmission unit (includes motor of proximal motor housing 122 and distal motor housing 124, para. [0037]) configured to drive a needle into oscillation (para. [0038]);
an assembly pin (first cutter stop 146, considered to be a pin since 146 is a distally extending protrusion, para. [0039]): and
a needle casing (needle 160, paras. [0043]-[0044]) having a lumen (para. [0043]) configured to enclose the needle (encloses inner tube 154);
wherein:
the transmission unit is configured to be inserted to a predetermined position in the distal housing portion, and to be fixed therein (motor housings included in housing 120, considered to be inserted at a predetermined position, para. [0037]),
the assembly pin is configured to be inserted into the transmission unit (depicted in fig. 3) so as to fix a distal tip of the needle to be at a most distal position of the oscillation (considered to fix a distal tip of inner tube when distal movement of diaphragm is limited and therefore inner tube of cutter, para. [0027]),
the needle casing is configured to be inserted into the distal housing portion (depicted in fig. 3) so that the casing encloses the needle (figs. 2-3), so that the distal tip butts a termination of the needle casing (considered to be fully capable of contacting the distal end of needle 160, since stops are utilized to impart a gap between inner tube 154 and distal end 68, such that the inner tube 154 is capable of contacting distal end 68 when stops are not utilized, para. [0035]), whereupon the needle casing is fixed to the distal housing portion (projects distally from distal end of housing and may be welded to a stop component, para. [0060]), and
the assembly pin is configured to be removed from the transmission unit (considered to be removed when first cutter stop is out of contact with housing, since para. [0027] describes cutter stops operable to contact a portion of the housing, such that the cutter stops would include a removed/out of contact configuration).
Regarding claim 9, McDonell discloses the vitrector assembly according to claim 8. McDonell further discloses wherein the predetermined position in the distal housing portion comprises a step therein (annotated fig. 3).
Regarding claim 10, McDonell discloses the vitrector assembly according to claim 8. McDonell further discloses wherein the needle casing comprises a window therein (port 162, para. [0043]).
Regarding claim 11, McDonell discloses the vitrector assembly according to claim 10. McDonell further discloses wherein the distal tip of the needle completely traverses the window during the oscillation (depicted in fig. 2).
Regarding claim 12, McDonell discloses the vitrector assembly according to claim 8. McDonell further discloses wherein the needle is hollow (155, para. [0044]), and wherein the transmission unit comprises tubing, fixed to a proximal end of the needle, configured to aspirate material from the needle (para. [0061]).
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) 6-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over McDonell in view of Charles (US 2011/0295296 A1).
Regarding claim 6, McDonell discloses the method according to claim 1.
Note McDonell further discloses alternative reciprocating mechanisms utilized to reciprocate the inner tube with the motor (para. [0038]).
However, McDonell fails to disclose wherein the transmission unit comprises a cylindrical cam having an undulating groove in an external cylindrical surface of the cam, the unit further comprising a cam follower coupled to the needle and constrained to travel in the groove so as to oscillate the needle on rotation of the cam.
Charles teaches (paras. [0025]-[0039]; figs. 1-3), in the same field of endeavor, a method for assembling a vitrector (abstract) comprising a transmission unit (includes motor 134, cam driver 138, follower 140 and actuating system 142, para. [0025]) comprises a cylindrical cam (138) having an undulating groove in an external cylindrical surface of the cam (depicted in fig. 3), the unit further comprising a cam follower (140) coupled to a needle (coupled to inner cutting member 124, para. [0026]) and constrained to travel in the groove so as to oscillate the needle on rotation of the cam (para. [0026]), for the purpose of selectively varying the duty cycle of the probe during use (paras. [0029], [0033] and [0036]).
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 transmission unit of McDonell such that the motor operates with the cam and cam follower as opposed to the diaphragm, in order to provide the capability of selectively varying the duty cycle of the probe during use, based on the teachings of Charles (paras. [0029], [0033] and [0036]).
Regarding claim 7, McDonell (as modified) teaches the method according to claim 6. McDonell (as modified) further teaches further comprising, prior to inserting the assembly pin into the transmission unit, rotating the cylindrical cam so that the distal tip of the needle is at the most distal position of the oscillation (combination considered to further teach cam of Charles attached to the motor of McDonell, which is activated to reciprocate the cutter tube 154, rotation of the cam to move the inner tube 154 into the distal position is considered to occur prior to engagement with stops and therefore prior to insertion of the first cutter stop, paras. [0053]-[0054] of McDonell).
Regarding claim 13, McDonell discloses the vitrector assembly according to claim 8.
Note McDonell further discloses alternative reciprocating mechanisms utilized to reciprocate the inner tube with the motor (para. [0038]).
However, McDonell fails to disclose wherein the transmission unit comprises a cylindrical cam having an undulating groove in an external cylindrical surface of the cam, the unit further comprising a cam follower coupled to the needle and constrained to travel in the groove so as to oscillate the needle on rotation of the cam.
Charles teaches (paras. [0025]-[0039]; figs. 1-3), in the same field of endeavor, a method for assembling a vitrector (abstract) comprising a transmission unit (includes motor 134, cam driver 138, follower 140 and actuating system 142, para. [0025]) comprises a cylindrical cam (138) having an undulating groove in an external cylindrical surface of the cam (depicted in fig. 3), the unit further comprising a cam follower (140) coupled to a needle (coupled to inner cutting member 124, para. [0026]) and constrained to travel in the groove so as to oscillate the needle on rotation of the cam (para. [0026]), for the purpose of selectively varying the duty cycle of the probe during use (paras. [0029], [0033] and [0036]).
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 transmission unit of McDonell such that the motor operates with the cam and cam follower as opposed to the diaphragm, in order to provide the capability of selectively varying the duty cycle of the probe during use, based on the teachings of Charles (paras. [0029], [0033] and [0036]).
Regarding claim 14, McDonell (as modified) teaches the vitrector assembly according to claim 13. McDonell (as modified) further teaches further comprising, configuring, prior to inserting the assembly pin into the transmission unit, the cylindrical cam to rotate so that the distal tip of the needle is at the most distal position of the oscillation (combination considered to further teach cam of Charles attached to the motor of McDonell, which is activated to reciprocate the cutter tube 154, rotation of the cam to move the inner tube 154 into the distal position is considered to occur prior to engagement with stops and therefore prior to insertion of the first cutter stop, paras. [0053]-[0054] of McDonell).
Conclusion
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/BRIGID K BYRD/Examiner, Art Unit 3771