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 .
Drawings
The drawings are objected to because:
the quality of the figures are not sufficient to clearly convey possession of the invention, e.g. fig 7 shows reference characters in grey scale that are too faint and too small and are difficult to make out because they are interfering with each other. Also, e.g. fig 9, it is unclear what reference 182 is attempting to depict.
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:
0055 describes “and a fourth face 192 defined in a fourth plane co-planar with the proximal face 180 and the distal face 180”, where distal face has been previously identified with reference number 182.
Appropriate correction is required.
Claim Rejections - 35 USC § 112a
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 and dependent claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites a distal face. The description at 0055 and fig 9 appear to be inconsistent and therefore is deemed as failing to comply with the written description requirement. 0055 describes a fourth face 192 which is co-planar with the proximal face 180 and the distal face 180 (sic – should read 182). Co-planar is defined as the same plane, therefore the fourth face 192 is required to occupy the same plane as the proximal face 180 and distal face 182. This appears to be an impossible configuration, since at least the fourth face 192 is offset from the proximal face 180 as seen in fig 7, let alone the proximal face and the distal face being on the same plane. It appears applicant intends to describe them as parallel planes and not co-planar. Additionally, it is unclear where distal face 182 is being identified in fig 9 via the arrow.
Claim Rejections - 35 USC § 112b
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 4 and dependent claims 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.
The claim recites a distal face, but based on the disclosure, it is unclear which face this is. Until applicant provides a clear disclosure for this element, removing apparent contradictory descriptions, it will be interpreted as provided in the rejection.
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) 11-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sorensen US20210228064.
Sorensen discloses for claim 11, “A wash nozzle structure (nozzle 15; fig 7b; 0197) for diverting a wash fluid to a surgical instrument during a laparoscopic procedure, the wash nozzle structure configured to direct the wash fluid to spray along at least partially along a spray axis (fig 6b), wherein the spray axis is angled relative to a plane of a lens of an imaging device of the surgical instrument (fig 5a)”.
Sorensen discloses for claim 12, “The wash nozzle structure of claim 11, wherein the wash nozzle structure includes a nozzle structure body defining a central axis, a proximal face, and a distal face, and a bowl recessed into proximal face of the body, wherein the bowl includes a first angled face defined in a first plane, a second angled face defined in a second plane, a third angled face defined in a third plane, and a fourth face defined in a fourth plane co-planar with the proximal face and the distal face, wherein the first plane, second plane, third plane, and fourth plane are different from one another, wherein the first angled face, the second angled face, and the third angled face are arranged to funnel the wash fluid to the fourth face to direct the wash fluid to spray at least partially along a spray axis (See annotated figures 5b and 6a of Sorensen below. The annotated lines indicate the four different planes and angles which work to direct the fluid spray along a spray axis toward the imaging window/camera)”.
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Sorensen discloses for claim 13, “The wash nozzle structure of claim 12, wherein each of the first angled face, the second angled face and the third angled face have a concave curvature (Sorensen: fig 5b shows the concave nature of the surfaces, i.e. curved to direct fluid flow from the original longitudinal direction to a direction orthogonal; fig 6a also shows the side surfaces as curved, i.e. the nozzle has a circular profile)”.
Sorensen discloses for claim 14, “The wash nozzle structure of claim 12, wherein the first angled face and the third angled face are angled relative to the fourth face at a 90 degree angle (fig 5b shows the cross section for the angle of the rear face, but applies to the side face at an orthogonal cross section, i.e. the first and third faces, under one interpretation where the side faces are at a 90 degree angle with respect to the top of the nozzle, i.e. the nozzle roof – see annotated figure)”:
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Sorensen discloses for claim 15, “The wash nozzle structure of claim 12, wherein the first angled face and the third angled face are angled relative to the fourth face at an angle greater than 90 degrees (fig 5b shows the cross section for the angle of the rear face, but applies to the side face at an orthogonal cross section, i.e. the first and third faces, under one interpretation where the side faces are at an angle larger than 90 degree angle with respect to the top of the nozzle, i.e. the nozzle roof – see annotated figure)”:
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Sorensen discloses for claim 16, “The wash nozzle structure of claim 12, wherein the second angled face is angled relative to the fourth face at an angle greater than 90 degrees (fig 5b shows the cross section for the angle of the rear face, i.e. the second face, under one interpretation where the side faces are at an angle larger than 90 degree angle with respect to the top of the nozzle, i.e. the nozzle roof – see annotated figure)”:
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Sorensen discloses for claim 17, “The wash nozzle structure of claim 12, wherein the first angled face and the third angled face are angled relative to the second angled face at a 90 degree angle (fig 6a shows the angle of the rear/second face with the side/first and second faces, under one interpretation where the side faces are at 90 degree angle – see annotated figure)”:
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Sorensen discloses for claim 18, “The wash nozzle structure of claim 12, wherein the first angled face and the third angled face are angled relative to the second angled face at an angle greater than 90 degrees (fig 6a shows the angle of the rear/second face with the side/first and second faces, under one interpretation where the side faces are at an angle greater than 90 degree – see annotated figure)”:
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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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norton US20180042643 and further in view of Sorensen US20210228064 .
Norton discloses for claim 1, “A surgical access device assembly for performing laparoscopic surgery, comprising:
a first surgical instrument (109; fig 5; 0062);
an access port (200; fig 1, 5; 0045, 0062) defining a body, the body having a central bore (204) defined therethrough configured to receive the first surgical instrument”.
Norton does not disclose:
wherein the first surgical instrument includes:
a longitudinal portion extending along a longitudinal axis of the first surgical instrument and a radial extension extending from a distal end of the longitudinal portion;
an imaging device disposed in the radial extension configured to image a surgical site;
a wash channel disposed in and/or defined through the longitudinal portion and in fluid communication between a wash channel inlet and a wash channel outlet to allow awash flow to flow from the wash channel inlet to the wash channel outlet; and
a wash nozzle structure radially inward of the imaging device and defining a flow shaping cavity and a wash nozzle outlet in fluid communication with the wash channel outlet, the wash nozzle structure configured to direct the wash flow wash fluid from the wash channel outlet, through the flow shaping cavity, to the nozzle outlet to shape the wash flow to effuse from the wash nozzle outlet such that the wash flow is shaped to sweep across the imaging device to wash the imaging device during the laparoscopic procedure”.
Sorensen teaches in the same field of endeavor,
wherein the first surgical instrument includes:
a longitudinal portion (insertion tube 4; fig 1; 0166) extending along a longitudinal axis of the first surgical instrument and a radial extension (bending section 7 and tip part 2; fig 2a; 0166) extending from a distal end of the longitudinal portion;
an imaging device (camera 30; fig 8a; 0167) disposed in the radial extension configured to image a surgical site;
a wash channel (liquid channel 21; fig 5a; 0172) disposed in and/or defined through the longitudinal portion and in fluid communication between a wash channel inlet (inlet of liquid channel 21) and a wash channel outlet (outlet of liquid channel 21, e.g. 15a; fig 5b) to allow a wash flow to flow from the wash channel inlet to the wash channel outlet; and
a wash nozzle structure (nozzle 15; fig 7b; 0197) radially inward of the imaging device (the center of the nozzle is medial to the center of the camera window 18 in a radial dimension; fig 7b) and defining a flow shaping cavity (fluid outlet 16a; fig 5b) and a wash nozzle outlet (15c; fig 5b; 0184) in fluid communication with the wash channel outlet (fig 5b), the wash nozzle structure configured to direct the wash flow wash fluid from the wash channel outlet, through the flow shaping cavity, to the nozzle outlet to shape the wash flow to effuse from the wash nozzle outlet such that the wash flow is shaped to sweep across the imaging device to wash the imaging device during the laparoscopic procedure (0186)”.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Sorensen into the invention of Norton, by way of adding the surgical instrument to Norton’s access port in order to configure the assembly e.g. as claimed because it provides the added functionality of an imaging surgical tool with a window washing capability.
Modified Norton discloses for claim 2, “The assembly of claim 1, wherein the wash channel outlet exits into the flow shaping cavity of the wash nozzle structure (Sorensen: fig 5b)”.
Modified Norton discloses for claim 3, “The assembly of claim 2, wherein the wash nozzle structure is configured to increase a flow velocity of the wash flow at the wash nozzle outlet and shape the wash fluid to effuse from the wash nozzle structure at least partially along a spray axis, wherein the spray axis is angled relative to an axis of the radial extension (Sorensen: fig 5b shows the wash nozzle shaping the fluid on a spray axis angled as claimed)”.
Modified Norton discloses for claim 4, “The assembly of claim 3, wherein the wash nozzle structure includes a nozzle structure body defining a central axis, a proximal face, and a distal face, and a bowl recessed into proximal face of the body, wherein the bowl includes a first angled face defined in a first plane, a second angled face defined in a second plane, a third angled face defined in a third plane, and a fourth face defined in a fourth plane co-planar with the proximal face and the distal face, wherein the first plane, second plane, third plane, and fourth plane are different from one another, wherein the first angled face, the second angled face, and the third angled face are arranged to funnel the wash fluid to the fourth face to direct the wash fluid to spray at least partially along a spray axis (See annotated figures 5b and 6a of Sorensen below. The annotated lines indicate the four different planes and angles which work to direct the fluid spray along a spray axis toward the imaging window/camera)”.
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Modified Norton discloses for claim 5, “The assembly of claim 4, wherein each of the first angled face, the second angled face and the third angled face have a concave curvature (Sorensen: fig 5b shows the concave nature of the surfaces, i.e. curved to direct fluid flow from the original longitudinal direction to a direction orthogonal; fig 6a also shows the side surfaces as curved, i.e. the nozzle has a circular profile)”.
Modified Norton discloses for claim 6, “The assembly of claim 1, wherein the first surgical instrument further includes, an insufflation channel disposed in and/or defined through the longitudinal portion and in fluid communication between an insufflation channel inlet and an insufflation channel outlet to allow insufflation gas to flow from the insufflation channel inlet to the insufflation channel outlet and into a patients abdominal cavity (Sorensen: gas tube 22; fig 5a, 5b; 0172)”.
Modified Norton discloses for claim 7, “The assembly of claim 1, wherein the first surgical instrument further includes a lighting device disposed at a distal end of the radial extension, radially outward of the imaging device, configured to illuminate the surgical site within a surgical cavity (light windows 19 with LEDs; fig 6b; 0197)”.
Modified Norton discloses for claim 8, “The assembly of claim 7, wherein the lighting device further includes at least one illuminator (light windows 19 with LEDs; fig 6b; 0197)”.
Modified Norton discloses for claim 9, “The assembly of claim 8, wherein the at least one illuminator includes an LED (light windows 19 with LEDs; fig 6b; 0197)”.
Modified Norton discloses for claim 10, “The assembly of claim 1, wherein the access port further includes an access slot (second bore 204; fig 5) defined in the body configured to receive a second surgical instrument, wherein the second surgical instrument is one of: a laser device, a measuring device, a laser measuring device, a signal transmitting device, a signal receiving device, a signal processing device, a memory storage device, a wiring device, a servo driven device, a gear device, an irrigation device, and/or a suction device (the second surgical instrument is not considered to be positively recited; in case applicant intends to positively recite the second surgical instrument, applicant is referred to the citation of the first surgical instrument which is also acts as an irrigation/suction device via the gas line)”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
12/03/2025