DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Response to Arguments
Applicant’s argument has been fully considered but it is not persuasive but it is moot in light of a new ground of rejection. See discussion below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-11, 14-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Blumenkranz (US 20150374447 A1, 2015-12-31).
Regarding claims 1-3, 5-11, 14-16, and 19-20, Blumenkranz teaches a surgical instrument, comprising: a housing (e.g., 350, [0048]) including a proximal face (e.g., Fig. 8c, [0059]); a shaft (e.g., 110) extending distally from the housing and defining a channel (e.g., 310, [0052], Figs. 6A-6B); an end effector disposed adjacent a distal end of the shaft (e.g., 120, [0031], Fig. 6C), the end effector configured to manipulate tissue (e.g., [0037]); and a cleaning assembly (comprising, e.g., 352, 351, 310, 305, 307a-b) disposed at least partially within the housing, the cleaning assembly defining a fluid path extending between the proximal face of the housing and the channel of the shaft (e.g., [0059] “Referring now to FIGS. 8A-8C, partial cut-out and enlarged perspective views are illustrated of the instrument housing section (without a housing cover) of the instrument 154 of FIG. 5 in accordance with embodiments of the present invention. Flush supply tube 310 runs from a port block 351 (shown without a port block cover), through shaft 110, and ends at manifold 300 in one embodiment. Port block 351 includes a first Luer port 352 for injecting cleaning liquid to be flowed through flush supply tube 310 and a second Luer port 354 for injecting cleaning liquid to clean housing 350. Liquid injected through first port 352 exits at aperture 352a and continues to flush supply tube 310 as shown by arrow 352b (FIG. 8C) returning to the instrument housing 350 through annulus 330 (FIGS. 8A and 8B). Liquid injected through second port 354 exits at aperture 354a and spreads through the rear housing as shown by arrow 354b (FIG. 8C). A port block cover is mounted over the section of port block 351 shown such that flush flow 352b and fibers 116 are passed through port block 351 within a substantially sealed port block passage to the centerline flush supply tube 310. Accordingly, flush liquid from Luer port 352 to supply tube 310 will not leak out of port block 351.”) (as recited in claim 1); wherein the fluid path is linear along its entire length (as recited in claim 2); wherein the shaft defines a longitudinal axis, and the fluid path is coaxial with the longitudinal axis (as recited in claim 3); wherein the cleaning assembly includes a flush port disposed adjacent a proximal end of the fluid path (e.g., 351) (as recited in claim 5); wherein the cleaning assembly includes a luer fitting configured to selectively engage the flush port (e.g., 352) (as recited in claim 6); wherein the cleaning assembly includes a flush tube extending linearly within a majority of the housing (as recited in claim 7); further including a seal disposed adjacent a proximal portion of the shaft (e.g., [0059]) (as recited in claim 8); wherein the cleaning assembly includes a flush tube extending at least partially through the seal (as recited in claim 9); wherein the cleaning assembly includes a flush port disposed adjacent a proximal end of the fluid path (as recited in claim 10); wherein the cleaning assembly includes a flush tube extending between the flush port and the seal (as recited in claim 11); further including a drive member disposed at least partially within the housing, and a drive rod disposed at least partially within the shaft, wherein actuation of the drive member is configured to manipulate the drive rod to effect a function of the end effector (e.g., [0033]) (as recited in claim 14); wherein the cleaning assembly includes a flush tube extending linearly within a majority of the housing, a proximal end of the drive rod is disposed proximally of a distal end of the flush tube (as recited in claim 15); a cleaning assembly for use with a surgical instrument, the cleaning assembly comprising: a flush port configured for positioning adjacent a proximal face of a housing of the surgical instrument; a flush tube extending distally from the flush port; and a luer fitting configured to selectively engage a proximal portion of the flush port, wherein the cleaning assembly defines a fluid path through the housing of the surgical instrument, and wherein an entirety of the fluid path is linear (as recited in claim 16); a surgical instrument, comprising: a housing including a proximal face; a shaft extending distally from the housing and defining a channel; and a cleaning assembly disposed at least partially within the housing, the cleaning assembly defining fluid path extending between the proximal face of the housing and the channel of the shaft, an entirety of the fluid path is linear, the cleaning assembly including: a flush port positioned adjacent a proximal face of a housing of the surgical instrument; a flush tube extending distally from the flush port; and a luer fitting configured to selectively engage a proximal portion of the flush port (as recited in claim 19); wherein the shaft defines a longitudinal axis, and the fluid path is coaxial with the longitudinal axis (as recited in claim 20).
Blumenkranz does not teach use of a gasket.
MPEP provides that making components separable is not sufficient to distinguish over the prior art. See, e.g., MPEP 2144.04(V)(C) (citing In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961)). Accordingly, it would obvious to the person of ordinary skill in the art at the time of the invention to make the port block (351) separable from the housing for ease of replacement and/or cleaning. And, if the port block (351) is separable, then it would also it would obvious to the person of ordinary skill in the art at the time of the invention to use gaskets to seal the interface between the port block and the housing such that the invention further comprises wherein the cleaning assembly includes a gasket formed of compressible material and supported on and projecting from the proximal face of the housing, and wherein the gasket surrounds a proximal opening of the fluid path, whereby the gasket forms a seal between the surgical instrument and an interface when the surgical instrument is connected to the interface (as recited in claims 1, 16, 19). Official Notice is given that gaskets (formed out of compressible material) are well-known and widely used in the art.
Claims 4, 12-13, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Blumenkranz, as applied to claim 1, and further in view of Hibner et al. (US 20150245850 A1, 2015-09-03) (hereinafter “Hibner”).
Regarding claims 4, 12-13, and 17-18, Blumenkranz teaches a surgical instrument, as disussed above. Blumenkranz does not expressly teach use of a plug and an interface that occludes the input ports.
Hibner teaches two input port that can occluded by plugs (e.g., 157) and an interface (e.g., 156).
Hibner also teaches that other sorts of coupling may be used. See, e.g., [0143] (“Each port (153, 155) is configured to couple with a corresponding source of cleaning fluid. For instance, each port (153, 155) may receive a respective flexible tube to provide a fluid path between port (153, 155) and the corresponding source of cleaning fluid. In addition or in the alternative, each port (153, 155) may receive a nipple, fitting associated with syringes, or other feature of a cleaning fluid injecting device. Other suitable ways in which ports (153, 155) may be coupled with respective sources of cleaning fluid will be apparent to those of ordinary skill in the art in view of the teachings herein.”).
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 teachings of Hibner with the invention taught by Blumenkranz such that wherein the cleaning assembly includes a gasket disposed at least partially within a groove defined on the proximal face of the housing (as recited in claim 4); wherein the cleaning assembly includes a plug configured to selectively occlude a proximal opening of the fluid path (as recited in claim 12); wherein the housing is configured to couple to an interface, wherein when the interface is coupled to the housing, a proximal opening of the fluid path is occluded by the interface (as recited in claim 13); further including a gasket configured to engage the proximal portion of the flush port (as recited in claim 17); further including a plug configured to selectively engage the proximal portion of the flush port and occlude the fluid path (as recited in claim 18) in order to improve the usability of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan, Ph.D.
/SCOTT LUAN/Primary Examiner, Art Unit 3792