DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 29th, 2026 has been entered.
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 21, 23, 25, 29, 31, 33, 37, 40, and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Voedgele (U.S. Patent 11,000,707) in view of Young (U.S. Publication 2011/0278988).
Regarding claims 21, 23, and 25:
Voedgele discloses a device (for example see Figure 1) comprising:
(claim 21) a surgical attachment (46 and 50) including
(claim 21) a first end (54) detachably connected to a transducer
(claim 21) a second end (152) defining a working plane (the plane defined by the movement of the second end relative to tissue) for engagement with biological tissue
(claim 21) wherein the transducer is configured to create a standing wave (for example see Figures 3 and 5)
(claims 22 and 27) wherein the standing wave defining an alternating pattern of nodes and anti-nodes
(claim 27) an adapter (46) having a junction positioned to correspond with one of the nodes of the standing wave (element 46 includes different portions that correspond, i.e. are aligned/positioned relative to a node; for example see Figure 3)
(claim 27) an ultrasonic tip (for example 152) having the work plane positioned to correspond to one of the anti-nodes of the standing wave (for example see Figure 3)
(claim 21) a transducer assembly (14) including
(claim 23) a plurality of transducers each having
(claim 23) an end surface with a surface roughness configured for acoustic contact with an end surface of another transducer (the piezoelectric rings/elements of the transducers are all designed to be used together with an ultrasonic instrument and are therefore configured to have surfaces with a roughness to engage each other in an acoustic manner in order to function within an ultrasonic instrument)
(claim 21) wherein the transducers are configured to operate as a full-wavelength resonator
(claim 25) wherein each transducer includes a piezoelectric ring (for example see Figure 34)
(claim 21) wherein the plurality of transducers form a transducer assembly including a first stack of transducers (for example 332 and 333 on the left side of node N as shown in Figure 12) and a second stack of torsional transducers (for example elements 332 and 333 of the right side of node N as shown in Figure 12) opposed to each other about an interface (the interface between elements 333 and 333 at node N)
(claim 21) wherein the interface correlates, i.e. is aligned/position relative to, with the position of one of the anti-nodes (the elements are aligned/positioned relative to both the anti-node at element 220 and/or the anti-node at element 222)
Voedgele discloses the invention as claimed except for transducer creating only torsional motion of the second end of the surgical attachment at the working plane. Young teaches a device comprising a transducer assembly (50; for example see Figures 4B-4C) including a first stack of transducers (elements 10 on one side of element 56), a second stack of transducers (elements 10 on the other side of element 56), and a torsional converter (51 and 53) and a surgical attachment (for example elements 34, 35, etc.), wherein the transducer assembly creates only torsional motion in a working plane at a second end of the surgical attachment (for example see the abstract and paragraphs 67 and 78) in order to provide the highest transfer of energy to the second end of a surgical attachment, i.e. tool (see paragraph 8). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Voedgele wherein the transducer assembly creates only torsional motion at a working plate at the second end of the surgical attachment in view of Young in order to provide the highest transfer of energy to the second end of a surgical attachment.
Regarding claims 29, 31, and 33:
Voedgele discloses a device (for example see Figure 1) comprising:
(claim 29) a surgical attachment (46 and 50) connected to a transducer
(claim 29) wherein the surgical attachment defines a working plane (the plane defined by the movement of the second end relative to tissue) for engagement with biological tissue
(claim 30) a junction positioned to correspond with one of the nodes of the standing wave (element 46 includes different portions that correspond, i.e. are aligned/positioned relative to a node; for example see Figure 3)
(claim 35) an adapter (46) having a junction positioned to correspond with one of the nodes of the standing wave (element 46 includes different portions that correspond, i.e. are aligned/positioned relative to a node; for example see Figure 3)
(claim 35) an ultrasonic tip (for example 152) having the work plane positioned to correspond to one of the anti-nodes of the standing wave (for example see Figure 3)
(claim 29) a transducer assembly (14) along a central axis of the device
(claim 30) wherein the transducer is configured to create a standing wave along the central axis
(claims 30 and 35) wherein the standing wave defines an alternating pattern of nodes and anti-nodes (for example see Figures 3 and 5)
(claim 31) wherein the transducer includes a plurality of transducers each having
(claim 31) an end surface with a surface roughness configured for acoustic contact with an end surface of another transducer (the piezoelectric rings/elements of the transducers are all designed to be used together with an ultrasonic instrument and are therefore configured to have surfaces with a roughness to engage each other in an acoustic manner in order to function within an ultrasonic instrument)
(claim 31) wherein the plurality of transducers are configured to operate as a full-wavelength resonator
(claim 33) wherein each transducer is a piezoelectric ring (for example see Figure 34)
(claim 29) wherein the plurality of transducers further includes a first stack of transducers (for example 332 and 333 on the left side of node N as shown in Figure 12) and a second stack of torsional transducers (for example elements 332 and 333 of the right side of node N as shown in Figure 12) opposed to each other about an interface (the interface between elements 333 and 333 at node N)
(claim 29) wherein the interface correlates, i.e. is aligned/position relative to, with the position of one of the anti-nodes (the elements are aligned/positioned relative to both the anti-node at element 220 and/or the anti-node at element 222)
Voedgele discloses the invention as claimed except for transducer creating only torsional motion of the second end of the surgical attachment at the working plane. Young teaches a device comprising a transducer assembly (50; for example see Figures 4B-4C) including a first stack of transducers (elements 10 on one side of element 56), a second stack of transducers (elements 10 on the other side of element 56), and a torsional converter (51 and 53), and a surgical attachment (for example elements 34, 35, etc.), wherein the transducer assembly creates only torsional motion in a working plane at a second end of the surgical attachment (for example see the abstract and paragraphs 67 and 78) in order to provide the highest transfer of energy to the second end of a surgical attachment, i.e. tool (see paragraph 8). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Voedgele wherein the transducer assembly creates only torsional motion at a working plate at the second end of the surgical attachment in view of Young in order to provide the highest transfer of energy to the second end of a surgical attachment.
Regarding claims 37, 40, and 42:
Voedgele discloses a device (for example see Figure 1) comprising:
(claim 37) a surgical attachment (46 and 50) including
(claim 37) a first end detachably connected to a torsional transducer
(claim 37) a second end having an ultrasonic tip (52) for engagement with biological tissue
(claim 44) the ultrasonic tip (for example 152) having the work plane positioned to correspond to one of the anti-nodes of the standing wave (for example see Figure 3)
(claim 39) a junction positioned to correspond with one of the nodes of the standing wave (element 46 includes different portions that correspond, i.e. are aligned/positioned relative to a node; for example see Figure 3)
(claim 44) an adapter (46) having a junction positioned to correspond with one of the nodes of the standing wave (element 46 includes different portions that correspond, i.e. are aligned/positioned relative to a node; for example see Figure 3)
(claim 37) a transducer (14)
(claim 37) wherein the transducer is configured to create a standing wave (for example see Figures 3 and 5)
(claims 39 and 44) wherein the standing wave defines an alternating pattern of nodes and anti-nodes
(claim 40) wherein the transducer includes a plurality of transducers
(claim 40) wherein each of the transducers includes an end surface with a surface roughness configured for acoustic contact with an end surface of another transducer (the piezoelectric rings/elements of the transducers are all designed to be used together with an ultrasonic instrument and are therefore configured to have surfaces with a roughness to engage each other in an acoustic manner in order to function within an ultrasonic instrument)
(claim 37) wherein the plurality of transducers are configured to operate as a full-wavelength resonator
(claim 42) wherein each of the transducers is a piezoelectric ring (for example see Figure 34)
(claim 37) wherein the plurality of transducers from a transducer assembly having a first stack of transducers (for example 332 and 333 on the left side of node N as shown in Figure 12) and a second stack of torsional transducers (for example elements 332 and 333 of the right side of node N as shown in Figure 12) opposed to each other about an interface (the interface between elements 333 and 333 at node N)
(claim 37) wherein the interface correlates, i.e. is aligned/position relative to, with the position of one of the anti-nodes (the elements are aligned/positioned relative to both the anti-node at element 220 and/or the anti-node at element 222)
Voedgele discloses the invention as claimed except for transducer creating only torsional motion of the second end of the surgical attachment at the working plane. Young teaches a device comprising a transducer assembly (50; for example see Figures 4B-4C) including a first stack of transducers (elements 10 on one side of element 56), a second stack of transducers (elements 10 on the other side of element 56), and a torsional converter (51 and 53) and a surgical attachment (for example elements 34, 35, etc.), wherein the transducer assembly creates only torsional motion in a working plane at a second end of the surgical attachment (for example see the abstract and paragraphs 67 and 78) in order to provide the highest transfer of energy to the second end of a surgical attachment, i.e. tool (see paragraph 8). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Voedgele wherein the transducer assembly creates only torsional motion at a working plate at the second end of the surgical attachment in view of Young in order to provide the highest transfer of energy to the second end of a surgical attachment.
Claims 22, 30, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Voedgele (U.S. Patent 11,000,707) in view of Young (U.S. Publication 2011/0278988) further in view of Yoshimine (U.S. Publication 2019/0239916).
The device of Voedgele as modified by Young discloses the invention as claimed except for the surgical attachment having a junction to increase amplitude of the standing wave at the working plane. Yoshimine teaches a device (for example Figure 1) comprising a transducer assembly (30, 31, etc.) and a surgical attachment (10), wherein the surgical attachment includes a junction (25) at a position that correlates to a node in order to increase the amplitude of the standing wave at the working plane (for example see Figure 2A). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Voedgele as modified by Young wherein the surgical attachment further includes a junction in view of Yoshimine in order to increase the amplitude of the standing wave at the working plane.
Claims 27, 28, 35, 36, 38, 44, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Voedgele (U.S. Patent 11,000,707) in view of Young (U.S. Publication 2011/0278988) further in view of Darian (U.S. Patent 10,398,463).
The device of Voedgele as modified by Young discloses the device as discussed above wherein the device further comprises an adapter (46; see Voedgele Figure 1) having a junction positioned to correspond with one of the nodes of the standing wave and a surgical attachment, i.e. an ultrasonic cutting tool, including a tip (52; see Voedgele Figure 1) configured to correspond with the standing wave and defining the working plane positioned to correspond to one of the anti-nodes of the standing wave (for example see Figure 3 of Voedgele). The device of Voedgele as modified by Young fails to disclose the adapter being angled and the tip of the surgical attachment including teeth.
Regarding the adapter being angled, Darian teaches a device comprising a transducer (21) and a surgical attachment (12, 20, etc.) including an adapter (for example 14 and 16), wherein the adapter is angled in order to facilitate access to a surgical site It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Voedgele as modified by Young wherein the adapter is angled in view of Darian in order to facilitate access to a surgical site.
Regarding the surgical attachment including a tip with teeth, the device of Voedgele as modified by Young discloses a device as discussed above comprising a transducer and a surgical attaching having a distal tip configured to correspond with a resonant frequency as a function of peak to peak amplitudes, i.e. uses ultrasonic motion, in order to cut biological tissue. Darian teaches a device comprising a transducer (21) and a surgical attachment having a distal tip, wherein the distal tip includes a plurality of teeth configured to correspond with a resonant frequency as a function of peak to peak amplitudes, i.e. uses ultrasonic motion, in order to cut biological tissue. Because both the device of Voedgele as modified by Young and the device of Darian disclose a surgical attachment including a tip for cutting biological tissue using ultrasonic motion, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute one distal tip of a surgical attachment for the other distal tip in order to cut biological tissue.
Response to Arguments
Applicant's arguments filed June 29th, 2026 have been fully considered but they are not persuasive. The applicant’s argument that the device of Voedgele as modified by Young does not disclose a transducer assembly that creates only torsional motion at the second end of the working plane of the surgical attachment is not persuasive. As discussed above, Young teaches a torsional transducer assembly including a first stack of transducers, a second stack of transducers, and a torsional converter that converts longitudinal motion created by the transducer stacks into purely torsional motion at the end of the surgical attachment as required by the claims as presented. The claims do not require the purely torsional motion to be created by the transducer stacks without the use of a converter. Therefore, the device of Voedgele as modified by Young discloses a transducer assembly including transducer stacks configured to create only torsional motion at the second end of the working plane of the surgical attachment. The applicant’s argument that the references do not disclose an interface between a first torsional transducer and a second torsional transducer having an interface correlating with an anti-node is not persuasive. As discussed above, Voedgele discloses a first transducer stack, a second transducer stack, and an interface between the transducer stacks, wherein the interface correlates with a position of one of the anti-nodes, i.e. correlates broadly means to be placed in a complementary relationship. This just requires the interface to be related in some manner to a position of one of the anti-nodes. As discussed above and shown in Figure 4 of the Voedgele reference, the interface is in a complementary relationship with a position of one of the anti-nodes, i.e. the interface is a specified distance relative to the position of one of the anti-nodes. The claims do not require the interface to be positioned on one of the anti-nodes. Therefore, the references disclose the interface correlating with a position of one of the anti-nodes as presented in the claims.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775
Prosecution Insights