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 .
Election/Restrictions
Applicant’s election without traverse of Species A: Figs. 3-4B (claims 1-15) in the reply filed on 06/23/2026 is acknowledged.
Drawings
The drawings are objected to because Fig. 2 appears to mislabel pressure sensor 212a with output port 212 (para. 0019: “The output port 210 is coupled to the extension channel 202 and the output port 212 is coupled to the retraction channel 204. Pressure sensors 210a, 212a may sense the pressure of gas supplied to the output ports 210, 212, respectively and provide pressure measurements to the controller 214”).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Para. 0025: “supply line 314” should recite “supply line 324”.
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13, line 11: “the outer tube” should recite “the outer tube;”. 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 2-15 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.
Claim 2 recites the limitation “an inner tube of a cutter” in lines 4-5. It is unclear to the examiner if “an inner tube of a cutter” is meant to further define the inner tube introduced in claim 1. For examination purposes, “an inner tube of a cutter” is interpreted as “the inner tube of the vitrector”.
Claim 2 recites the limitation “a supply channel” in line 7. It is unclear to the examiner if “a supply channel” is meant to further define the supply channel introduced in claim 1. For examination purposes, “a supply channel” is interpreted as “the supply channel”.
Claim 2 recites the limitation “a drive diaphragm chamber” in line 8. It is unclear to the examiner if “a drive diaphragm chamber” is meant to further define the drive diaphragm chamber introduced in line 3 of claim 2. For examination purposes, “a drive diaphragm chamber” is interpreted as “the drive diaphragm chamber”.
Claim 13 recites the limitation “a drive diaphragm chamber” in line 16. It is unclear to the examiner if “a drive diaphragm chamber” is meant to further define the drive diaphragm chamber introduced in line 9 of claim 13. For examination purposes, “a drive diaphragm chamber” is interpreted as “the drive diaphragm chamber”.
Allowable Subject Matter
Claim 1 is allowed.
Claims 2-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The closest prior art of record, Dean et al. (US 20180243134) [hereinafter Dean] does not disclose or fairly suggest, either singly or in combination of any of the prior art of record, the claimed invention of claim 1 which recites, inter alia “a supply channel…a plurality of pneumatic components…configured to amplify alternating pressure supplied to the extension and the retraction channel using gas supplied through the supply channel to drive oscillation of the inner tube within the outer tube” as required by claim 1 and “a supply channel coupled to the source of pressurized gas…an extension pneumatically controlled valve mounted within the handpiece and in fluid communication with the supply channel, the extension pneumatically controlled valve configured to couple the supply channel to an extension side of a drive diaphragm chamber containing the drive diaphragm responsive to pressure applied to the extension channel; and a retraction pneumatically controlled valve mounted within the handpiece and in fluid communication with the supply channel, the retraction pneumatically controlled valve configured to couple the supply channel to a retraction side of the drive diaphragm chamber responsive to pressure applied to the retraction channel” as required in claim 13.
Regarding claim 1, Dean discloses a vitrector 100-1 (Fig. 3A, para. 0057) comprising:
an outer tube 315 defining a side opening 317 (Fig. 3C, para. 0056);
an inner tube 305 positioned within the outer tube 315 (Fig. 3C, para. 0055: “The distal portion 305 of the reciprocating cutter 302 includes a lumen 313 and is movable within an outer tube 315 that is fixed to a housing body 307”);
a handpiece 307 (Fig. 3A, para. 0056) defining an extension channel 316 (Fig. 3A, para. 0065: “When compressed air is supplied to the second channel 316, the compressed air flows into subchamber 325 causing the primary diaphragm 304 and the cutting tool 302 to move in the second direction 340”), a retraction channel 314 (Fig. 3A, para. 0065: “As shown, when compressed air is supplied to the first channel 314, the compressed air flows into subchamber 324 and 326 via passage 328, causing the primary diaphragm 304 and the reciprocating cutter 302 to move in the first direction 330”); and
a plurality of pneumatic components 304, 306 within the handpiece 307 (Fig. 3A, para. 0058: “in addition to the diaphragm inertial damper 306, the reciprocating surgical tool 100-1 also includes a primary diaphragm 304. In the illustrated example, an outer periphery of the primary diaphragm is fixed to a housing body 307, while an inner periphery of the primary diaphragm 304 is fixed to the tube 303 of the reciprocating cutter 302”) and configured to actuate by way of alternating pressure supplied to the extension and the retraction channel using gas supplied through the extension and retraction channels to drive oscillation of the inner tube within the outer tube (para. 0065: “As shown, when compressed air is supplied to the first channel 314, the compressed air flows into subchamber 324 and 326 via passage 328, causing the primary diaphragm 304 and the reciprocating cutter 302 to move in the first direction 330, and causing the diaphragm inertial damper 306 to move in the second direction 340…Thus, as compressed air (e.g., an air pressure pulse) is supplied to the subchambers 324 and 326 and the subchamber 325 in an alternating manner, the primary diaphragm 304 and cutting tool 302 reciprocate, while the diaphragm inertial damper 306 will counter-reciprocate”).
However, Dean fails to disclose the supply channel such that the plurality of pneumatic components is configured to amplify alternating pressure supplied to the extension and the retraction channel using gas supplied through the supply channel to drive oscillation of the inner tube within the outer tube as claimed.
Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handpiece of the vitrector of Dean to include the support channel required in claim 1 since it would require a change in the basic principle under which the Dean construction was designed to operate.
Regarding claim 13, Dean discloses a system for performing vitrectomy comprising:
a source of pressurized gas (Fig. 1, para. 0030: “In the implementation shown in FIG. 1, two exemplary tubes 110-1 and 110-2 may represent the dual pneumatic actuation inputs that provide a pressurized gas, such as compressed air or another gas, to the reciprocating surgical tool 100 (see also FIGS. 2A, 2B, 2C, 2D, 3A, and 3B) to actuate reciprocation of a primary mass in a coordinated manner…The coordination of the pressurized gas supply to the tubes 110-1, 110-2 may be controlled by an external surgical device (not shown), for example, a surgical device containing corresponding pneumatic actuators to alternate pressure pulses to the tubes 110-1, 110-2.”);
a pneumatic control system having an extension port 100-2 and a retraction port 110-1 (Figs. 1, 3A, para. 0057: “first channel 314 may receive a first tube through which pneumatic pressure may be communicated (e.g., the first tube 110-1 shown in FIG. 1), while second channel 316 may receive a second tube through which a pneumatic pressure may be communicated (e.g., the second tube 100-2)”), the pneumatic control system configured to alternately supply gas from the source of pressurized gas to the extension port and the retraction port (para. 0030: “The coordination of the pressurized gas supply to the tubes 110-1, 110-2 may be controlled by an external surgical device (not shown), for example, a surgical device containing corresponding pneumatic actuators to alternate pressure pulses to the tubes 110-1, 110-2”); and
a vitrector 100-1 (Fig. 3A, para. 0057) including:
a handpiece 307 defining an extension channel 316 (Fig. 3A, para. 0065: “When compressed air is supplied to the second channel 316, the compressed air flows into subchamber 325 causing the primary diaphragm 304 and the cutting tool 302 to move in the second direction 340”) coupled to the extension port 100-2 (see quote above from para. 0057), a retraction channel 314 (Fig. 3A, para. 0065: “As shown, when compressed air is supplied to the first channel 314, the compressed air flows into subchamber 324 and 326 via passage 328, causing the primary diaphragm 304 and the reciprocating cutter 302 to move in the first direction 330”) coupled to the retraction port (see quote above from para. 0057), and a drive diaphragm chamber 323 (Fig. 3A, para. 0060: “a movement of the primary diaphragm 304 causes a corresponding movement of the reciprocating cutter 302” and para. 0064: “the primary diaphragm 304 is located in a chamber 323”);
an outer tube 315 mounted to the handpiece 307 and defining a side opening 317 (Figs. 3A and 3C, para. 0056);
an inner tube 305 slidably positioned within the outer tube 315 (Fig. 3C, para. 0055: “The distal portion 305 of the reciprocating cutter 302 includes a lumen 313 and is movable within an outer tube 315 that is fixed to a housing body 307”); and
a drive diaphragm 304 positioned within the drive diaphragm chamber 323 and configured to oscillate the inner tube 305 (Fig. 3A, see quote form para. 0060 above).
However, Dean fails to disclose “an extension pneumatically controlled valve mounted within the handpiece and in fluid communication with the supply channel, the extension pneumatically controlled valve configured to couple the supply channel to an extension side of the drive diaphragm chamber containing the drive diaphragm responsive to pressure applied to the extension channel and a retraction pneumatically controlled valve mounted within the handpiece and in fluid communication with the supply channel, the retraction pneumatically controlled valve configured to couple the supply channel to a retraction side of the drive diaphragm chamber responsive to pressure applied to the retraction channel” as required in claim 13.
Therefore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handpiece of the vitrector of Dean to include the support channel, the extension pneumatically controlled valve, and the retraction pneumatically controlled valve required in claim 13 since it would require a change in the basic principle under which the Dean construction was designed to operate.
Because none of the prior art documents teach the vitrector handpiece as claimed, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrive at the technical solutions of claims 1 and 13 according to the prior art documents or a combination thereof. Therefore, in view of the prior art at its deficiencies, Applicant’s invention is rendered novel and non-obvious and thus claim 1 is allowable and claim 13 would be allowable as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN DUBOSE whose telephone number is (571)272-8792. The examiner can normally be reached Monday-Friday 7:30am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN DUBOSE/Examiner, Art Unit 3771
/SARAH A LONG/Primary Examiner, Art Unit 3771
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