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 .
Election/Restrictions
Applicant’s election without traverse of Species 1 (Figures 1-3 and corresponding claims 1-10 and 18) in the reply filed on 2/9/2026 is acknowledged. Examiner notes applicant has cancelled claims 11-17.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6, 8-10 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knoepfler (5,217,460).
Regarding claim 1, Knoepfler discloses a microanastomosis forceps (a surgical instrument for use in any scopic surgery, col 1, In 38-39), the forceps comprising: two longitudinally extending arms (see arms 110 and 111, Fig 4) extending from a proximal pivot point (see how 110 and 111 extend from a proximal pivot point 112, Fig 4), each of the two longitudinally extending arms extend a predetermined length from the proximal pivot point to a respective distal end (see how each arm has a length to extend a predetermined length from 112 to distal ends near 120 and 121, Fig 4); and a suction hose connection point adjacent to the proximal pivot point (see a channel 118 adjacent to 112 to connect a suction hose to a suction catheter, Fig 5; channel 118 provides a path through which suction catheter 91 may pass through 110, col 5, In 54-56); one or more suction ports arranged on the distal end of at least one of the two longitudinally extending arms (see suction ports 123 and 130 on the distal end of 110, Fig 5); wherein a flow path is operably arranged between the suction hose and the one or more suction ports (see a flow path cavity 122 in arm 110 which connects 118 and ports 123 to allow for suction communication, col 5, In 65-68; suction is also provided through port 130, col 6, In 8-10).
Regarding claim 2, Knoepfler discloses the microanastomosis forceps of claim 1, wherein the flow path is integrally formed through at least one of the two longitudinally extending arms (see how the flow path cavity 122 is integrally formed through arm 110, Fig 5).
Regarding claim 3, Knoepfler discloses the microanastomosis forceps of claim 1, wherein the distal end of each of the two longitudinally extending arms includes a tip (see how the distal end of arms 110 and 111 each include a bottom tip portion, Fig 5).
Regarding claim 4, Knoepfler discloses the microanastomosis forceps of claim 3, wherein the one or more suction ports are formed on a tip of at least one of the two longitudinally extending arms (see how suction port 130 is formed on the tip of arm 110, Fig 5).
Regarding claim 5, Knoepfler discloses the microanastomosis forceps of claim 3, wherein the one or more suction ports includes a plurality of suction ports (see a plurality of ports 123 and 130, Fig 5) with at least one suction port on an exterior surface of the distal end of at least one of the two longitudinally extending arms (see a plurality of ports 123 on an exterior surface of the distal end of arm 110, Fig 5) and at least one suction port on the tip of at least one of the two longitudinally extending arms (see port 130 on the tip portion of arm 110, Fig 5).
Regarding claim 6, Knoepfler discloses the microanastomosis forceps of claim 3, wherein the tip of at least one of the two longitudinally extending arms further comprises a micro-hook blunt dissecting tip extending away from an exterior surface of the distal tip (see a small distal most hook protrusion extending from the bottom tip portions of 110 and 111, Fig 5; the multiple purpose forceps may be used for bluntly dissecting while also grasping and suctioning, col 4, In 43-45).
Regarding claim 8, Knoepfler discloses the microanastomosis forceps of claim 1, wherein the one or more suction ports are arranged in a predetermined pattern along an exterior surface of the distal tip of at least one of the two longitudinally extending arms (see the plurality of ports 123 arranged in a predetermined pattern on a left surface of arm 110 between teeth 121, Fig 5).
Regarding claim 9, Knoepfler discloses the microanastomosis forceps of claim 1, wherein the one or more suction ports have a uniform cross- sectional area (see how ports 123 have a uniform cross-sectional area, Fig 5).
Regarding claim 10, Knoepfler discloses the microanastomosis forceps of claim 1, wherein the one or more suction ports are linearly arranged along the predetermined length of at least one of the two longitudinally extending arms (see how ports 123 are linearly arranged along the length of the distal end of arm 110, Fig 5).
Regarding claim 18, Knoepfler discloses the microanastomosis forceps of claim 11, wherein the two longitudinally extending arms are formed of stainless steel and/or titanium (the forceps are fabricated from stainless steel, col 2, In 58-59).
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.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Knoepfler (5,217,460).
Regarding claim 7, Knoepfler discloses a microanastomosis forceps substantially as described above with respect to at least claims 1, 3, and 6, but does not explicitly teach wherein the micro-hook blunt dissecting tip extends approximately 1 millimeter (mm) away from the exterior surface of the distal tip and has a diameter of approximately 0.75 mm. Knoepfler does teach the forceps instrument is a universal surgical instrument that can serve many functions (col 1, In 37-40) and many different jaw elements may be substituted depending on the particular application or procedure (col 4, In 21-24) such as bluntly dissecting out a blood vessel (col 4, In 43-45). Further, optimizing size, shape, and angle(s) is within the ordinary skill of one in the art. Accordingly, Examiner contends it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have optimized the extension length and diameter of the micro-hook blunt dissecting tip of Knoepfler away from the exterior surface of the distal tip as claimed in order to use it for a specific microsurgical dissection application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for a general showing of the state of the art of forceps relevant to the claimed forceps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J SEVERSON whose telephone number is (571)272-3142. The examiner can normally be reached Monday-Friday 6:00-2:00 central.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Ryan J. Severson/Primary Examiner, Art Unit 3771
Prosecution Insights