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 .
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) 1-7 & 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gobel et al. (DE 102019111100 A1) in view of Oberheim (US 2013/0092408) and one of ordinary skill in the art.
Gobel discloses;
1.
A holding device configured for a lithotripsy device which is configured to fragment calculi, the holding device comprising: a housing configured to accommodate assemblies and/or components, and the housing comprising a distal end and a proximal end and a sonotrode being connectable to the distal end, (e.g., Fig. 1; pp. 6-7).
arranged within the housing there being, as an assembly, an acceleration tube with a longitudinal center axis, a proximal end and a distal end, and with a movable projectile within the cavity configured for shock excitation of the sonotrode (pp. 7-8).
a proximal-side abutment element arranged at the proximal end, and a distal-side abutment element arranged at the distal end of the acceleration tube, (e.g., counter bearing 104 and connection unit 94; pp 7-8).
and the holding device configured for connection to a force generation apparatus which is configured to generate a force to move the projectile between the proximal-side abutment element and the distal-side abutment element, (E.G. via the disclosed actuator 34a which is designed to ‘trigger’ the projectile when excited [(pp. 8, para 5) & (Fig 2)].
and, as an assembly, a vibration excitation apparatus (16a) configured to excite vibrations of the sonotrode (pp: 8)
Gobel discloses the claimed invention having lithotripsy system comprising housing/case, a handle, a proximal section and a distal section 66, wherein each element is further connectable to the sonotrode that is outside the case further comprising an excitable ultrasound horn 16a which transmits ultrasonic waves from an ultrasonic generator 14a except wherein said system comprises a vibrational damping apparatus comprising at least one mass and at least two spring elements contacting the mass an inner surface of the housing.
Oberheim teaches that it is known to use a vibrational damping system in a handheld power tool including a housing (104) that forms a suspended mass, a spring with spring constant K that attaches to the suspended mass to a base and a vibrational damper configured to reduce vibration transmission between the base and the mass ([0050]-[0051]).
The examiner also notes that a person of ordinary skill in the art would recognize that a vibration isolation system commonly employs multiple spring elements arranged between mass and a supporting structure to provide balanced support, stability and uniform vibration attenuation. Therefore, it would have been obvious to one having ordinary skill in the art to modify Gobel in view of Oberheim since such a modification would recognize the vibration-related issues including vibration decoupling relative to the disclosed ultrasonic horn and since said modification would provide the predictable results pertaining to effectively providing known mechanical solutions to mass-spring damping system, reducing unwanted vibration transmission within a medical device, etc. and vibration isolation techniques applied to a known vibrating system.
2.
The holding device as claimed in claim 1, wherein the vibration damping apparatus comprises one or more of: a third spring element and further spring elements (Oberheim; [0050]-[0051]).
3.
The holding device as claimed in claim 1, wherein an assembly, a plurality of assemblies, and/or all assemblies in the housing are each a respective mass of the vibration damping apparatus.
(Gobel; pp. 7) & (Oberheim; [0050]-[0051]).
4.
The holding device as claimed in claim l, wherein the vibration excitation apparatus or a component of the vibration excitation apparatus is a mass of the vibration damping apparatus.
(Gobel; pp. 7) & (Oberheim; [0050]-[0051]).
5.
The holding device as claimed in claim 1, wherein the acceleration tube is a mass of the vibration damping apparatus.
(Gobel; pp. 7 & Fig. 2).
6.
The holding device as claimed in claim l, wherein the housing comprises a circuit board holder, the circuit board holder being a mass of the vibration damping apparatus.
(Gobel; pp. 6).
7.
The holding device as claimed in claim l, wherein the two spring elements are each arranged on one side of the mass in the longitudinal direction and held by a holding unit.
(Oberheim; [0050]-[0051]).
Note: A person of ordinary skill in the art would recognize that a vibration isolation system commonly employs multiple spring elements arranged between mass and a supporting structure to provide balanced support, stability and uniform vibration attenuation.
10.
The holding device as claimed in claim l, wherein the mass is arranged concentrically around the acceleration tube, with each of the spring elements contacting an outer surface of the mass with their one end and contacting the inner surface of the housing with their other end.
(Gobel: pp. 8, para. 5) & (Oberheim; [0050]-[0051]).
11.
The holding device as claimed in claim l, wherein the respective spring element and/or the holding unit comprises a shock absorber unit.
(Gobel: pp. 8, para. 5) & (Oberheim; [0050]-[0051]).
12.
The holding device as claimed in claim 1, wherein the holding device comprises a horn distally and a bolt proximally of the horn, the horn and the bolt surrounding a distal portion of the acceleration tube,
(Gobel: pp. 9).
a counter bearing being arranged on the bolt proximally of the horn, and at least one piezo element as a vibration exciter being arranged and mechanically coupled between the counter bearing and the horn,
(Gobel: pp. 10).
the horn comprising the distal-side abutment element and/or the horn being connectable to the distal-side abutment element and/or the sonotrode and the at least one piezo element being electrically connectable to an assignable ultrasonic generator,
(Gobel: pp. 8).
the vibration damping apparatus being arranged proximally on and/or of the horn, the bolt, and/or the counter bearing.
(Oberheim; [0050]-[0051]).
13.
A lithotripsy device configured to fragment calculi, the lithotripsy device comprising a sonotrode and a holding device, wherein the holding device is a holding device as claimed in claim 1
(Gobel: pp. 6).
Allowable Subject Matter
Claims 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Gobel in view of Oberheim, fails to disclose, suggest and/or teach the claimed invention having a first spring and second spring element arranged according to the claim language, i.e. the first spring element arranged to the proximal side of the vibration excitation apparatus and the second spring element arranged to the distal side of the proximal end of the housing. Oberheim discloses the use of a spring constant, however, does not explicitly state the disposition and/or arrangement of said spring constant in relation to a vibration excitation apparatus.
Response to Arguments
Applicant’s arguments, filed February 2, 2026, with respect to the rejection(s) of claim(s) 1-13 under 102, i.e. as anticipated by Gobel, 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 Gobel in view of Oberheim and one of ordinary skill in the art. Please see the above action.
Applicant’s arguments, filed February 2, 2026, with respect to the 35 U.S.C. §112 rejection have been fully considered and are persuasive and have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796