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.
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.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ely et al. (U.S. Pub. No. 2008/0319432 A1, hereinafter “Ely”) in view of Farr (U.S. Pub. No. 2006/0069314 A1, hereinafter “Farr”).
Ely discloses, regarding claim 1, a surgical cannula (310, see Fig. 14) for illuminating a surgical cavity using light emitted by a light source (see Fig. 15), the surgical cannula comprising: an optically transparent walled passageway (325, see para. [0043] “transparent or translucent light emitting material”) having an interior working channel (335), an entrance (337), an open tip (339), an inner surface (345), an outer surface (355), and light-extracting features (340, see para. [0044]); and comprising the light source and configured to emit the light (see Fig. 15, see also para. [0040]), such that the light emitted by each of the light emitters is transported via total internal reflection towards the open tip of the walled passageway (see para. [0043] “TIR”); wherein the walled passageway is configured to receive the light emitted by the light source and to transport the received light via total internal reflection towards the open tip of the walled passageway (see Fig. 15, see para. [0043] “TIR”); and wherein the light-extracting features are configured to extract the transported light from the walled passageway (see Fig. 15, see para. [0043]), such that the extracted light is emitted from the inner surface of the walled passageway into the working channel and illuminates an area bounded by the open tip the walled passageway (see Fig. 15, see para. [0043]).
Ely fails to explicitly disclose, regarding claim 1, wherein the light source comprises multiple light emitters comprising the light source and configured to emit the light; wherein each of the light emitters is positioned along the entrance of the walled passageway; and regarding claim 10, further comprising a power source mechanically supported by the walled passageway.
Farr discloses a surgical cannula (150, see Figs. 6a-b) for illuminating a surgical cavity using light emitted by a light source (see para. [0069]), wherein the light source comprises multiple light emitters (151, see Fig. 6a, see also para. [0069]) comprising the light source and configured to emit the light (see Fig. 6b, see para. [0069]); wherein each of the light emitters is positioned along the entrance of the walled passageway (see Fig. 6a), such that the light emitted by each of the light emitters is transported via total internal reflection towards the open tip of the walled passageway (see para. [0069]); and further comprising a power source (152) mechanically supported by the walled passageway (see Fig. 6a) in order to provide a light source that is more efficient / consumes less power, since there is no need for transferring the light through a fiber optic guide (see para. [0054]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the light source in Ely to comprises multiple light emitters comprising the light source and configured to emit the light; wherein each of the light emitters is positioned along the entrance of the walled passageway; and further comprising a power source mechanically supported by the walled passageway in order to provide a light source that is more efficient / consumes less power, since there is no need for transferring the light through a fiber optic guide.
Claim(s) 2, 9, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ely in view of Farr, as applied to claim 1 above, and in further view of Vayser et al. (U.S. Pub. No. 2009/0036744 A1, hereinafter “Vayser”).
Ely in view of Farr discloses all of the features of the claimed invention, as previously set forth above. Ely in view of Farr further discloses, regarding claim 2, wherein the light-extracting features include: inward extracting structures configured to extract the transported light, such that the extracted light illuminates the area bounded by the open tip of the walled passageway (340, see Fig. 15, see para. [0043]); however fails to explicitly disclose, regarding claim 2, outward extracting structures configured to extract the transported light, such that the extracted light is emitted from the outer surface of the walled passageway; and regarding claim 9, wherein light extracting properties of the light-extracting features varies along the walled passageway, such that illumination inside and outside of the working channel appears uniform; regarding claim 11, wherein the light-extracting features extract at least 60% of the light received by the walled passage, such that at most 40% of the received light is emitted from the open tip of the walled passage; and regarding claim 12, wherein at least one of: the open tip includes a blocking agent configured to optically attenuate the transported light, such that light emitted from the open tip of the walled passageway is reduced; or the entrance includes the blocking agent configured to optically attenuate the light emitted by the light source, such that light emitted from the entrance of the walled passageway is reduced.
Vayser discloses a surgical cannula (150, see Figs. 25-26) for illuminating a surgical cavity using light emitted by a light source (152C) with light-extracting features that include inward extracting structures configured to extract the transported light (83F), such that the extracted light illuminates the area bounded by the open tip of the walled passageway (see Fig. 26, see para. [0099]), and outward extracting structures configured to extract the transported light (154F,154R), such that the extracted light is emitted from the outer surface of the walled passageway (see Figs. 25-26, see paras. [0099]-[0100]); and wherein light extracting properties of the light-extracting features varies along the walled passageway (see paras. [0099]-[0100]), wherein at least one of: the open tip includes a blocking agent (see para. [0095] “light that remains in the tube wall below the extraction structures exits the bottom edge 140B, which may be flat or may have additional optical structures, e.g., a curved lens or a pattern of light diffusing structures such as structures 85” and see para. [0096] “extraction structures 138 or 141 may extend all the way down to the bottom edge 140B”, note that the increased extraction / diffusing of light would attenuate the transported light) configured to optically attenuate the transported light, such that light emitted from the open tip of the walled passageway is reduced (see para. [0095] “light that remains in the tube wall below the extraction structures exits the bottom edge 140B, which may be flat or may have additional optical structures, e.g., a curved lens or a pattern of light diffusing structures such as structures 85” and see para. [0096] “extraction structures 138 or 141 may extend all the way down to the bottom edge 140B”, note that the increased extraction / diffusing of light would attenuate the transported light) such that illumination inside and outside of the working channel appears uniform (see para. [0100]) in order to provide circumferential illumination to the tools and surgical field to minimize shadows (see para. [0100]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the light-extracting surfaces in Ely in view of Farr to include outward extracting structures and to modify the light extracting properties such that illumination inside and outside of the working channel appears uniform and to modify the open tip to include a blocking agent in further view of Vayser in order to provide circumferential illumination to the tools and surgical field to minimize shadows. Ely in view of Farr in further view of Vayser discloses the claimed invention except for regarding claim 11, wherein the light-extracting features extract at least 60% of the light received by the walled passage, such that at most 40% of the received light is emitted from the open tip of the walled passage. Vayser discloses that the light that remains in the tube wall below the extraction surfaces exits the bottom surface (see para. [0095]), the more light that is extracted from the extraction surfaces, the less light that remains in the tube wall below the extraction surfaces to exit from the bottom surface. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the light-extracting features to extract at least 60% of the light received by the walled passage, such that at most 40% of the received light is emitted from the open tip of the walled passage, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 1-2, 7-9, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mark et al. (U.S. Pub. No. 2022/0273167 A1, hereinafter “Mark”) in view of Vayser et al. (U.S. Pub. No. 2009/0036744 A1, hereinafter “Vayser”).
Mark discloses, regarding claim 1, a surgical cannula (102’, see Figs. 5C-D) for illuminating a surgical cavity using light emitted by a light source (182), the surgical cannula comprising: an walled passageway (168) having an interior working channel (see annotated Fig. 5C below), an entrance (see annotated Fig. 5C below), an open tip (see annotated Fig. 5C below), an inner surface (see annotated Fig. 5C below), an outer surface (see annotated Fig. 5C below); and multiple light emitters (152, see Fig. 5D) comprising the light source and configured to emit the light (see para. [0070]); wherein each of the light emitters is positioned along the entrance of the walled passageway (see Figs. 5C-D, note that light emitters are placed within annular channel 176).
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Regarding claim 7, wherein each of the light emitters is enclosed within walls of the walled passageway (see Figs. 5C-D, note enclosed via top and bottom of 176).
Regarding claim 8, further comprising a dilator (104, see Fig. 1) having a closed tip (126), wherein: the dilator is configured to be received within the interior working channel, such that the closed tip of the dilator extends through and past the open tip of the walled passageway (see para. [0052] “protrudes a predetermined distance”).
Mark fails to explicitly disclose, regarding claim 1, wherein the walled passage is optically transparent, and comprises light-extracting features, such that the light emitted by each of the light emitters is transported via total internal reflection towards the open tip of the walled passageway; wherein the walled passageway is configured to receive the light emitted by the light source and to transport the received light via total internal reflection towards the open tip of the walled passageway; and wherein the light-extracting features are configured to extract the transported light from the walled passageway, such that the extracted light is emitted from the inner surface of the walled passageway into the working channel and illuminates an area bounded by the open tip the walled passageway.
Vayser discloses a surgical cannula (150, see Figs. 25-26) for illuminating a surgical cavity using light emitted by a light source (152C) with a walled passageway that is optically transparent (see para. [0096]), wherein the light is transported via total internal reflection (see para. [0096]) with light-extracting features that include inward extracting structures configured to extract the transported light (83F), such that the extracted light illuminates the area bounded by the open tip of the walled passageway (see Fig. 26, see para. [0099]), and outward extracting structures configured to extract the transported light (154F,154R), such that the extracted light is emitted from the outer surface of the walled passageway (see Figs. 25-26, see paras. [0099]-[0100]); and wherein light extracting properties of the light-extracting features varies along the walled passageway (see paras. [0099]-[0100]), wherein at least one of: the open tip includes a blocking agent (see para. [0095] “light that remains in the tube wall below the extraction structures exits the bottom edge 140B, which may be flat or may have additional optical structures, e.g., a curved lens or a pattern of light diffusing structures such as structures 85” and see para. [0096] “extraction structures 138 or 141 may extend all the way down to the bottom edge 140B”, note that the increased extraction / diffusing of light would attenuate the transported light) configured to optically attenuate the transported light, such that light emitted from the open tip of the walled passageway is reduced (see para. [0095] “light that remains in the tube wall below the extraction structures exits the bottom edge 140B, which may be flat or may have additional optical structures, e.g., a curved lens or a pattern of light diffusing structures such as structures 85” and see para. [0096] “extraction structures 138 or 141 may extend all the way down to the bottom edge 140B”, note that the increased extraction / diffusing of light would attenuate the transported light), such that illumination inside and outside of the working channel appears uniform (see para. [0100]) in order to provide improved visualization of the entire surgical workspace (see para. [0096]) and to provide circumferential illumination to the tools and surgical field to minimize shadows (see para. [0100]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the walled passage in Mark to be optically transparent, and comprises light-extracting features, such that the light emitted by each of the light emitters is transported via total internal reflection towards the open tip of the walled passageway; wherein the walled passageway is configured to receive the light emitted by the light source and to transport the received light via total internal reflection towards the open tip of the walled passageway; and wherein the light-extracting features are configured to extract the transported light from the walled passageway, such that the extracted light is emitted from the inner surface of the walled passageway into the working channel and illuminates an area bounded by the open tip the walled passageway in view of Vayser in order to provide improved visualization of the entire surgical workspace and to provide circumferential illumination to the tools and surgical field to minimize shadows. Mark in view of Vayser discloses the claimed invention except for regarding claim 11, wherein the light-extracting features extract at least 60% of the light received by the walled passage, such that at most 40% of the received light is emitted from the open tip of the walled passage. Vayser discloses that the light that remains in the tube wall below the extraction surfaces exits the bottom surface (see para. [0095]), the more light that is extracted from the extraction surfaces, the less light that remains in the tube wall below the extraction surfaces to exit from the bottom surface. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the light-extracting features in Mark in view of Vayser to extract at least 60% of the light received by the walled passage, such that at most 40% of the received light is emitted from the open tip of the walled passage, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The following references disclose cannulas with light extracting surfaces:
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The following references disclose multiple light sources disposed around a cannula:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle C. Green whose telephone number is (571)270-7051. The examiner can normally be reached on Monday-Friday between 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.C.G/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773