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 statement (IDS) submitted on 11/17/2023 and 03/28/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 (lines 2 and 3), 5 through 8, and 10 objected to because of the following informalities:
“the anchor section” should read “the at least one anchor section”
Claims 2 through 8, 10, and 12 through 15 are objected to because of the following informalities:
“plastic bodies” should read “two plastic bodies”
Appropriate correction is required.
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.
Claims 1, 5 through 11, and 13 are rejected under 35 U.S.C 103 as being unpatentable over Amann et al (US 20150073408) herein referred to as “Amann”
Regarding claim 1 Amann discloses: A coagulation instrument for coagulation and/or fusion of biological tissue ([Abstract]; A surgical instrument) comprising: at least one jaw comprising an electrode having a tissue contact surface ([See annotated Figure 2 below]; Elements 16 and 17 which are seen as jaws, each jaw has an electrode unit 33, [See annotated Figure 6A shown below] each is anchored in a positive manner in a plastic body 34 and each contain a tissue contact surface 36.) and at least one anchor section, the anchor section having at least one anchor opening; ([See annotated figure 6 below]; the anchor section is equivalent to the strip section 41, that extends into the plastic body, encompassing openings or slits 42 through which the plastic body extends) and an insulator unit comprising two plastic bodies between which the anchor section extends, ([See annotated Fig 6A shown below]; This figure demonstrates the plastic body (34) connected to another plastic body, referred to as the “shoulder” (50). The “strip section” (41) equivalent to the “anchor section” (35) is seen to extend between these two plastic bodies, and both plastic bodies are seen to be connected to the electrode (35)) However, Amann does not explicitly disclose wherein both plastic bodies are connected in form-fit manner with the electrode or with one another. It would have been obvious to connect both plastic bodies in a form-fit manner since both plastic bodies 34
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and 50, contain complimentary shapes as seen in figure 6A below (MPEP § 2143 (E)).
FIG 2
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FIG 6
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FIG 6A
Regarding claim 5, Amann discloses A coagulation instrument according to claim 1, wherein the anchor section of the electrode embraces one of the plastic bodies. (Fig 6A as seen above; The strip section 41 can be seen embracing the plastic body 34).
Regarding claim 6, Amann discloses A coagulation instrument according to claim 5, wherein the plastic body embraced by the anchor section comprises extensions extending into or through openings of the anchor section. (Paragraph [0044] States that the plastic body permeates the slits or other openings).
Regarding claim 7, Amann discloses A coagulation instrument according to claim 1, wherein one of the plastic bodies embraces the anchor section of the electrode. (See figure 6A above, the plastic body 34 is embraced by the strip section)
Regarding claim 8, Amann discloses A coagulation instrument according to claim 7, wherein the plastic body embracing the anchor section comprises extensions extending into or through openings of the anchor section. (Paragraph [0040] Webs are seen as the extensions which then go through openings)
Regarding claim 9, Amann discloses A coagulation instrument according to claim 8, wherein the extensions have a length (L), which is at least as long as the thickness (D) of the anchor section. (Paragraph [0015] the extensions called webs are said to be advantageous if they span the entirety of the anchor section from end to end).
Regarding claim 10, Amann discloses A coagulation instrument according to claim 1, wherein the anchor section comprises an angled rim projecting from the tissue contact surface, wherein the rim is in contact with one of the plastic bodies with one side and with the other of the plastic bodies with its opposite side. (Paragraph [0008] the strip section which contains the sheet metal part are angled relative to the tissue contact surface).
Regarding claim 11, Amann discloses A coagulation instrument according to claim 1, wherein the anchor opening is a through-opening. ([See Figure 6 annotated above] and [Paragraph 0010] which defines the opening as a through opening formed by means of different holes).
Regarding claim 13, Amann discloses A coagulation instrument according to claim 1, wherein one of the plastic bodies surrounds a knife channel ([Paragraph 0017] provisions are made for a blade groove).
Regarding claim 14, Amann discloses A coagulation instrument according to claim 1. However, Amann does not disclose wherein the plastic bodies are made of different plastic materials.
It would have been obvious to make the plastic bodies of different plastic materials as it can only either be made of the same plastic materials, a combination of different plastic materials or each made from a different plastic material than the other. (MPEP § 2143 (E)).
Regarding claim 15, Amann discloses A coagulation instrument according to claim 1, wherein the plastic bodies are connected to one another ([Fig 6a]; Shows the plastic bodies connected together) However Amann does not disclose in sub- stance bond manner.
It would have been obvious to try and bond the plastic bodies in a substance bond manner since there is a finite number of ways to connect both plastic bodies. (MPEP § 2143 (E))
Claims 2 and 3 are rejected under 35 U.S.C 103 as being unpatentable over Amann et al (US 20150073408) herein referred to as “Amann” in view of Sims et al (US 20200297405A1) herein referred to as “Sims”
Regarding claim 2, Amann discloses A coagulation instrument according to claim 1, However, Amann does not explicitly state wherein the plastic bodies are interlocked with one another.
Sims discloses wherein the plastic bodies are interlocked with one another ([Fig 6C seen below] shows parts on a single jaw piece being interlocked and [Paragraph 0037] states parts are mechanically engaged such as being snap-fit, friction fit etc which is synonymous with being interlocked).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Amann to incorporate the teachings of Sims by using this mechanically engaging method of connecting the plastic bodies. The motivation being to have a more secure engagement. (Sims [0037]).
Regarding claim 3, Amann in view of Sims discloses A coagulation instrument according to claim 1, wherein the plastic bodies are interlocked with one another near the anchor opening. ([Fig 6 see figure annotated above]; plastic bodies 34 and 50 are near opening 42 and [Figure 6C below]; where insulative bodies the lip and peripheral edge can be interlocked).
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FIG 6C
Claim 4 are rejected under 35 U.S.C 103 as being unpatentable over Amann in view of Sims in further view of Fischer et al (US 20200297405A1) herein referred to as “Fischer”
Regarding claim 4, Amann in view of Sims discloses A coagulation instrument according to claim 1, wherein the plastic bodies are interlocked with one another However, Amann in view of Sims does not disclose in- side the anchor opening.
Fischer discloses wherein the plastic bodies are interlocked with one another in- side the anchor opening. ([page 9, col 7: lines 24-27] the opening is made to accommodate an insert of plastic).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coagulation instrument as seen in Amann in view of Sims to incorporate the insulator inside the opening of Fischer. The motivation to do so being to clamp vessels between the electrodes. ([page 9, col 7: lines 24-27]).
Claim 12 is rejected under 35 U.S.C 103 as being unpatentable over Amann in view of Sims in further view of Schulz et al (US9468440B2) herein referred to as “Schulz”
Regarding claim 12, Amann in view of Sims discloses A coagulation instrument according to claim 1. However, Amann in view of Sims does not disclose wherein one of the plastic bodies is a fiber-reinforced plastic body.
Schulz discloses wherein one of the plastic bodies is a fiber-reinforced plastic body ([pg 11 col 2: lines 53-57] The mouthpiece which contain the jaws at the end are made from Fiber reinforced plastics).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the type of plastic as seen in Amann in view of Sims to incorporate one of the plastic bodies being a fiber reinforced plastic as described in Schulz. The reason for this is that it is more cost effective, meets the mechanical requirements and can be injection molded. (Schulz pg 11 col 2: lines 47-53).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA M GANAN-SINGH whose telephone number is (571)272-3194. The examiner can normally be reached Monday to Friday 7:30am to 5:00pm.
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/C.G.S/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794