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 .
Response to Amendment
This office action is responsive to the amendment filed on 13 July 2026. As directed by the amendment: claims 1, 7, 8, 11, 17, 18, 21, and 22 have been amended; no claims have been canceled or added. Thus, claims 1-22 are presently pending in this application.
Response to Arguments
Applicant’s arguments, see page 7, filed 13 July 2026, with respect to the rejection(s) of claim(s) 1, 21, and 22 under 35 U.S.C. §102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ryan et al (US 5549565).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4-12, and 14-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ryan et al (US 5549565).
Regarding claim 1, Ryan discloses:
A cannula assembly (Fig. 2), comprising: an elongate cannula member (12); and an attachment structure (16) coupled to an end portion (14) of the elongate cannula member (12), wherein the attachment structure (16) is adapted to securely receive a camera assembly in absence of a cap structure (18) (Col. 1:16-21 – the cap structure 18 can be replaced with a variety of surgical tools such as a camera), and wherein the attachment structure (16) is also adapted to securely receive the cap structure (18) in absence of the camera assembly (Fig. 1).
Regarding claim 2, Ryan discloses:
The cannula assembly of claim 1, wherein the elongate cannula member (12) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 4, Ryan discloses:
The cannula assembly of claim 1, further comprising a smooth, ribbed, threaded, or textured sheath structure (13) coupled to and disposed about the end portion (14) of the elongate cannula member (12), wherein the smooth, ribbed, threaded, or textured sheath structure (13) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 5, Ryan discloses:
The cannula assembly of claim 1, further comprising one or more fluid ports (171) coupled to the elongate cannula member (12).
Regarding claim 6, Ryan discloses:
The cannula assembly of claim 1, wherein the attachment structure (16) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 7, Ryan discloses the cannula assembly of claim 1. Examiner notes that the cap structure in claim 1 is functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed cap structure. As such, the cap structure is fully capable of being a cap structure comprising a valve or seal assembly and defines a port adapted to receive either of an instrument or an arthroscope.
Regarding claim 8, Ryan discloses:
The cannula assembly of claim 1, wherein the attachment structure (16) is further adapted to receive an obturator, trocar, or dilator device (Col. 1:16-26 – the attachment structure 16 is fully capable of receiving a variety of tools) comprising an elongate member (19) and a handle member (21) in absence of the camera assembly and the absence of the cap structure (examiner notes that the cap structure 18 can be replaced with any of the tools disclosed by Ryan and as such the exemplary tool in the figures is being used to demonstrate how a tool with an elongate member and handle. Examiner also notes that the obturator, trocar, or dilator device is functionally claimed).
Regarding claim 9, Ryan discloses:
The cannula assembly of claim 8, wherein the obturator, trocar, or dilator device (Col. 1:16-26) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 10, Ryan discloses the cannula assembly of claim 8. Examiner notes that the obturator, trocar, or dilator device in claim 8 is functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed device. As such, the obturator, trocar, or dilator device is fully capable of comprising a core member manufactured from a metallic material.
Regarding claim 11, Ryan discloses:
A method for providing a cannula assembly (Fig. 2), the method comprising: providing an elongate cannula member (12); and coupling an attachment structure (16) to an end portion (14) of the elongate cannula member (12), wherein the attachment structure (16) is adapted to securely receive a camera assembly (Col. 1:16-21 – the cap structure 18 can be replaced with a variety of surgical tools such as a camera) in absence of a cap structure (18), and wherein the attachment structure (16) is also adapted to securely receive the cap structure (18) in absence of the camera assembly (Fig. 1).
Regarding claim 12, Ryan discloses:
The method of claim 11, wherein the elongate cannula member (12) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 14, Ryan discloses:
The method of claim 11, further comprising providing a smooth, ribbed, threaded, or textured sheath structure (13) coupled to and disposed about the end portion (14) of the elongate cannula member (12), wherein the smooth, ribbed, threaded, or textured sheath structure (13) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 15, Ryan discloses:
The method of claim 11, further comprising providing one or more fluid ports (171) coupled to the elongate cannula member (12).
Regarding claim 16, Ryan discloses:
The method of claim 11, wherein the attachment structure (16) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 17, Ryan discloses the method of claim 11. Examiner notes that despite the cap structure being mentioned in a manufacturing claim, the cap structure in claim 1 is never provided in the method and is therefore functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed cap structure. As such, the cap structure is fully capable of being a cap structure comprising a valve or seal assembly and defines a port adapted to receive either of an instrument or an arthroscope.
Regarding claim 18, Ryan discloses:
The method of claim 11, wherein the attachment structure (16) is further adapted to receive an obturator, trocar, or dilator device (Col. 1:16-26 – the attachment structure 16 is fully capable of receiving a variety of tools) comprising an elongate member (19) and a handle member (21) in absence of the camera assembly and the absence of the cap structure (examiner notes that the cap structure 18 can be replaced with any of the tools disclosed by Ryan and as such the exemplary tool in the figures is being used to demonstrate how a tool with an elongate member and handle. Examiner also notes that the obturator, trocar, or dilator device is functionally claimed).
Regarding claim 19, Ryan discloses:
The method of claim 18, wherein the obturator, trocar, or dilator device (Col. 1:16-26) is manufactured from one or more of a metallic material, a plastic material, and a ceramic material (Col. 7:26-31 – plastic or metal).
Regarding claim 20, Ryan discloses the method of claim 18. Examiner notes that despite the obturator, trocar, or dilator device being mentioned in a manufacturing claim, the device in claim 8 is never provided in the method and is therefore functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed device. As such, the obturator, trocar, or dilator device is fully capable of comprising a core member manufactured from a metallic material.
Regarding claim 21, Ryan discloses:
A cannula assembly (Fig. 2), comprising: an elongate cannula member (12); and an attachment structure (16) coupled to an end portion (14) of the elongate cannula member (12), wherein the attachment structure (16) is adapted to alternately receive: a camera assembly in absence of a cap structure (18) (Col. 1:16-21 – the cap structure 18 can be replaced with a variety of surgical tools such as a camera); and the cap structure (18) acting as a closure for the elongate cannula member (12) in absence of the camera assembly (Fig. 1).
Examiner notes that the cap structure is functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed cap structure. As such, the cap structure is fully capable of being a cap structure acting as a port for introducing one of an instrument or an arthroscope into the elongate cannula member.
Regarding claim 22, Ryan discloses:
A method for using a cannula assembly (Fig. 2), the method comprising: providing an elongate cannula member (12) comprising an attachment structure (16) coupled to an end portion (14) of the elongate cannula member (12); and alternately coupling one of the following to the attachment structure (16): a camera assembly (Col. 1:16-21 – the cap structure 18 can be replaced with a variety of surgical tools such as a camera) in absence of a cap structure (18); and the cap structure (18) wherein the attachment structure (16) is adapted to securely receive a camera assembly (Col. 1:16-21 – the cap structure 18 can be replaced with a variety of surgical tools such as a camera) in absence of a cap structure (18), and wherein the attachment structure (16) is also adapted to securely receive the cap structure (18) acting as a closure for the elongate cannula member (12) in absence of the camera assembly (Fig. 1).
Examiner notes that despite the cap structure being mentioned in a manufacturing claim, the cap structure is functionally claimed, where the positively claimed structure is the attachment structure that is able to receive the functionally claimed cap structure. As such, the cap structure is fully capable of being a cap structure acting as a port for introducing one of an instrument or an arthroscope into the elongate cannula member.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ryan in view of Albrecht et al (US 2007/0239108).
Regarding claim 3, Ryan discloses the cannula assembly of claim 1 but is silent regarding “a tip member coupled to and disposed about another end portion of the elongate cannula member, wherein the tip member is manufactured from one or more of a metallic material, a plastic material, and a ceramic material.” However, Albrecht teaches a cannula assembly (Fig. 17), thus being in the same field of endeavor, comprising a tip member (400) in the form of a balloon at the distal tip of the cannula (300) that is made of a plastic material (¶0052) and is used to fix or stabilize the assembly during use (¶0006). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the assembly of Ryan to incorporate a plastic tip member at a distal end of a cannula member as taught by Albrecht in order to fix or stabilize the assembly during use, as recognized by Albrecht.
Regarding claim 13, Ryan discloses the method of claim 11 but is silent regarding “a tip member coupled to and disposed about another end portion of the elongate cannula member, wherein the tip member is manufactured from one or more of a metallic material, a plastic material, and a ceramic material.” However, Albrecht teaches a cannula assembly (Fig. 17), thus being in the same field of endeavor, comprising a tip member (400) in the form of a balloon at the distal tip of the cannula (300) that is made of a plastic material (¶0052) and is used to fix or stabilize the assembly during use (¶0006). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the assembly of Ryan to incorporate a plastic tip member at a distal end of a cannula member as taught by Albrecht in order to fix or stabilize the assembly during use, as recognized by Albrecht.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TASNIM M AHMED whose telephone number is (571)272-9536. The examiner can normally be reached M-F 9am-5pm Pacific time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at (571)272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TASNIM MEHJABIN AHMED/Primary Examiner, Art Unit 3783
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