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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 8th, 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in light of the new ground of rejection.
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 1-3 and 6-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Vogtherr (US 2020/0138462) in view of Mazur (US 2002/0049460) in view of Schweitzer et al. (US 2016/0331396).
Regarding claim 1, Vogtherr discloses a medical instrument (2, figure 1) comprising a first gripping element (4); a second gripping element (6); and a spring unit (28/12/328/428); the first gripping element and the second gripping element pivotably mounted relative to each other via a bearing (8), the spring unit comprising a first spring end (36/136/238/336, 436) and a second spring end (38/138/338/436), the first spring end being connected to the first gripping element, and the second spring end being connected to the second gripping element so that when at least one of the first gripping element, and the second gripping element pivots out of a base state (figure 1), pivoting back into the base state is carried out via the spring unit (see Abstract); the spring unit extending from at least one of the first spring end and the second spring end (figure 1) toward the bearing (figure 1), the spring unit adapted to provide a substantially constant spring force (via spring, 28) when the first gripping element and the second gripping element pivot, and at least one of the first spring end and the second spring end protruding into an indentation (44/144/358/464,466) formed in one of the first gripping element and the second gripping element and/or is firmly bonded to on of the first gripping element and the second gripping element (figures 2, 5C, 5D, 6A).
However, Vogtherr fails to expressly teach or disclose, i.e. is silent to, the first gripping element and the second gripping element being made of a metal.
Mazur discloses a medical instrument (10, figure 1) comprising a first gripping element (12) and a second gripping element (14) being made of a metal (¶35 “stainless steel”) as it is a known material used in medical devices as they require high precision, tight tolerance control during manufacturing process and during use (¶35).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the medical instrument of Vogtherr to have the first gripping element and the second gripping element being made of a metal as taught by Mazur as metal (stainless steel) is a known material used in medical devices as they require high precision, tight tolerance control during manufacturing process and during use. Additionally, Vogtherr fails to expressly teach or disclose one of the first spring end and the second spring end is joined by material bonding to one of the first and second gripping element, so that a gap between the indentation and the at least one of the first spring and the second spring end is hermetically sealed toward an instrument environment.
Schweitzer et al. disclose a medical instrument (figure 10a) wherein spring ends (ends of 9) and the gripping elements (1’s) are joined by material bonding (¶32, ¶86) , so that a gap (figures 1-9b) between the indentation and the at least one of the first spring and the second spring end are hermetically sealed toward an instrument environment. This is accomplished as Applicant’s disclosure states that bonding yields a hermetic seal, see Page 5, lines 5-25 of Applicant’s filed specification).
as it is a known manner of adhering a spring member to a gripping element (¶35).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the medical instrument of Vogtherr in view of Mazur to have at least one of the first spring end and the second spring end and the associated said one of the first gripping element and the second gripping element are joined by material bonding as taught by Schweitzer as it is a known manner of adhering a spring member to a gripping element and yields a hermetic seal.
Regarding claim 2, Vogtherr in view of Schweitzer disclose at least one of the first spring end and the second spring end and said one of the first gripping element and the second gripping element are at least one of: welded together (¶32 of Schweitzer), soldered together (¶32, ¶86 of Schweitzer), or glued (¶86 of Schweitzer).
Regarding claim 3, Vogtherr disclose at least one of the first spring end and the second spring end comprises a cantilever angle between said at least one of the first spring end and the second spring end and said one of the first gripping element and the second gripping element (see figure below). While the degree of the angle of the cantilever angle is not expressly taught it appears to be of at least 70°. It would have been obvious to one having ordinary skill in the art at the time of filing to have construct the cantilever angle of Vogtherr to be at least 70°, as it is a known value/range for providing ample area for cleaning in and around the gripping element and the spring unit.
PNG
media_image1.png
262
388
media_image1.png
Greyscale
Regarding claim 6, Vogtherr discloses at least one of the first spring leg and the second spring leg is S-shaped (see figure below, the spring is “S-shaped” in as much as Applicant’s).
Regarding claim 7, Vogtherr discloses the indentation is a blind hole (358, figures 5C-5D).
Regarding claim 8, Vogtherr discloses the spring unit is adapted with respect to the first gripping element and the second gripping element in such a way that the spring unit only comes into contact with the first gripping element and the second gripping element at the first spring end and the second spring end, respectively, as a connection point in all positions in which the first gripping element and the second gripping element are pivoted with respect to each other (figures 52-5D).
Regarding claim 9, Vogtherr discloses a method for manufacturing the medical instrument of claim 1, the spring unit of the medical instrument comprises a first spring leg (30) and a second spring leg (32), the method comprising the steps of bending at least one of the first spring leg and the second spring leg (¶31), forming a distal portion or end of said at least one of the first spring leg and second spring leg (figures 2, 3A-3B, 5A, 5D, 6A-6C, ¶31); inserting at least one of the first spring leg and the second spring leg into the indentation (¶31, figures 2, 3A-3B, 5A, 5D, 6A-6C); and connecting the at least one of the first spring leg and the second spring leg to the one of the first gripping elements and the second gripping element (figures 2, 3A-3B, 5A, 5D, 6A-6C, ¶31).
Regarding claim 11, Vogtherr discloses the first spring leg and the second spring leg are S-shaped (see figure below, the springs are “S-shaped” in as much as Applicant’s).
Regarding claim 12, Vogtherr discloses at least one of the first spring leg and the second spring leg is S-shaped (see figure below, the springs are “S-shaped” in as much as Applicant’s), and the S-shape is positioned proximal to a corresponding one of the first gripping element and the second gripping element (figures 5-5D in view of figure 1).
Regarding claim 13, Vogtherr discloses at least one of the first spring leg and the second spring leg is S-shaped, and the S-shape is bent such that the spring leg comprises a beginning section (see figure below) that contacts a corresponding one of the first gripping element and the second gripping element, and an end section (see figure below), wherein the beginning section and the end section are spaced apart along the S-shape, and wherein a longitudinal axis within the beginning section extends parallel to another longitudinal axis within the end section (see figure below).
Regarding claim 14, Vogtherr discloses the beginning section and the end section each extend substantially linearly along the spring leg until a region of substantial curvature of the S-shape is reached, and wherein the end section has a greater longitudinal extent than the beginning section (figures 1 and 5D).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Vogtherr (US 2020/0138462) in view of Mazur (US 2002/0049460) in view of Schweitzer et al. (US 2016/0331396) in further view of Bob (US 2021/0322087).
Regarding claim 4, Vogtherr discloses the spring unit first spring leg (30) and second spring leg (32) are configured as leaf spring (¶52) and not a spring steel wire. Bob discloses that spring steel wires are an equivalent structure known in the art to a leaf spring (¶80). Therefore, because these two resilient elastic elements were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the spring steel wire of Bob in for the leaf spring of Vogtherr.
Claims 5 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Vogtherr (US 2020/0138462) in view of Mazur (US 2002/0049460) in view of Schweitzer et al. (US 2016/0331396) in view of Bob (US 2021/0322087) in further view of Peterson et al. (US 2009/0149889).
Regarding claim 5, Vogtherr in view of Mazur, Schweitzer, and Bob discloses the claimed invention except for the first and second spring legs are detachably coupled to each other via a distal spring sphere-pan connection or T-t connection.
Peterson et al. disclose first (42) and second (44) spring legs detachably coupled to each other via a distal spring sphere-pan connection or Y-t connection (66, 68, figures 3-5) as it is a known connection for coupling two ends of a spring leg to one another to resiliently bias two gripping elements (38, 40) to one another. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the coupling between the first and second spring legs to be detachable coupling via a distal spring sphere-pan connection or Y-t connection as taught by Peterson et al. as it is a known connection for coupling two ends of a spring leg to one another to resiliently bias two gripping elements to one another.
Regarding claim 16, Vogtherr discloses a medical instrument (2, figure 1) having a first gripping element (4); a second gripping element (6); and a spring unit (28/12/328/428), the first gripping element and the second gripping element pivotably mounted relative to each other via a bearing (8), the spring unit comprising a first spring end (36/136/238/336/436) and a second spring end (38/138/338/436), the first spring end being connected to the first gripping element, and the second spring end being connected to the second gripping element, so that when at least one of the first gripping element and the second gripping element pivots out of a base state (figure 1), pivoting back into the base state is carried out via the spring unit (see Abstract), the spring unit extending from at least one of the first spring end and the second spring end toward the bearing (figure 1), the spring unit adapted to provide a substantially constant spring force (via spring 28) when the first gripping element and the second gripping element pivot, and at least one of the first spring end and the second spring end protrudes into an indentation (44/144/358/464/466) formed in one of the first gripping element and the second gripping element.
However, Vogtherr fails to expressly teach or disclose, i.e. is silent to, the first gripping element and the second gripping element being made of a metal. Mazur discloses a medical instrument (10, figure 1) comprising a first gripping element (12) and a second gripping element (14) being made of a metal (¶35 “stainless steel”) as it is a known material used in medical devices as they require high precision, tight tolerance control during manufacturing process and during use (¶35).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the medical instrument of Vogtherr to have the first gripping element and the second gripping element being made of a metal as taught by Mazur as metal (stainless steel) is a known material used in medical devices as they require high precision, tight tolerance control during manufacturing process and during use. Additionally, Vogtherr fails to expressly teach or disclose one of the first spring end and the second spring end is joined by material bonding to one of the first and second gripping element.
Schweitzer et al. disclose a medical instrument (figure 10a) wherein spring ends (ends of 9) and the gripping elements (1’s) are joined by material bonding (¶32, ¶86) , so that a gap (figures 1-9b) between the indentation and the at least one of the first spring and the second spring end are hermetically sealed toward an instrument environment. This is accomplished as Applicant’s disclosure states that bonding yields a hermetic seal, see Page 5, lines 5-25 of Applicant’s filed specification).
as it is a known manner of adhering a spring member to a gripping element (¶35).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the medical instrument of Vogtherr in view of Mazur to have at least one of the first spring end and the second spring end and the associated said one of the first gripping element and the second gripping element are joined by material bonding as taught by Schweitzer as it is a known manner of adhering a spring member to a gripping element and yields a hermetic seal.
Additionally, Vogtherr discloses the spring unit first spring leg (30) and second spring leg (32) are configured as leaf spring (¶52) and not a spring steel wire. Bob discloses that spring steel wires are an equivalent structure known in the art to a leaf spring (¶80). Therefore, because these two resilient elastic elements were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the spring steel wire of Bob in for the leaf spring of Vogtherr.
Further, Vogtherr discloses the claimed invention except for the spring steel wires are detachably coupled to each other via a distal spring sphere-pan connection or a distal Y-t connection.
Peterson et al. disclose first (42) and second (44) spring legs detachably coupled to each other via a distal spring sphere-pan connection or Y-t connection (66, 68, figures 3-5) as it is a known connection for coupling two ends of a spring leg to one another to resiliently bias two gripping elements (38, 40) to one another. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the coupling between the first and second spring legs to be detachable coupling via a distal spring sphere-pan connection or a distal Y-t connection as taught by Peterson et al. as it is a known connection for coupling two ends of a spring leg to one another to resiliently bias two gripping elements to one another. Regarding claim 17, Vogtherr discloses the spring unit is adapted with respect to the first gripping element and the second gripping element in such a way that the spring unit only comes into contact with the first gripping element and the second gripping element at the first spring end and the second spring end (figures 5C-5D in view of figure 1), respectively, as a connection point in all positions in which the first gripping element and the second gripping element are pivoted with respect to each other (figures 5C-5D in view of figure 1).
Regarding claim 18, Vogtherr discloses the first spring leg and the second spring leg are S-shaped see figure below, the spring is “S-shaped” in as much as Applicant’s).
Regarding claim 19, Vogtherr discloses at least one of the first spring leg and the second spring leg is S-shaped, and the S-shape is bent such that the spring leg comprises a beginning section (see figure below) that contacts a corresponding one of the first gripping element and the second gripping element, and an end section (see figure below), wherein the beginning section and the end section are spaced apart along the S-shape, and wherein a longitudinal axis within the beginning section extends parallel to another longitudinal axis within the end section (see figure below).
PNG
media_image2.png
466
600
media_image2.png
Greyscale
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Vogtherr (US 2020/0138462) in view of Mazur (US 2002/0049460) in view of Schweitzer et al. (US 2016/0331396) in further view of Horikawa (US 2015/0313618).
Regarding claim 10, Vogtherr in view of Mazur and Schweitzer disclose the claimed invention except for a step of tampering at least one of the first and second spring legs with one of the first and second gripping elements and/or brushing and/or sandblasting said at least one of the first and second spring legs with one of the first and second gripping elements. Horikawa discloses a medical instrument (1, figure 1) wherein spring ends (ends of 11) and the gripping elements (14’s) are tampered to one another and/or brushing and/or sandblasting said at least one of the first and second spring legs with one of the first and second gripping elements (¶35) as this removes a step (¶35) thereby making for a smoother surface.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the medical instrument of Vogtherr in view of Mazur and Schweitzer to have at least one of the first spring end and the second spring end and the associated said one of the first gripping element and the second gripping element are at least one tampered to one another and/or brushing and/or sandblasting said at least one of the first and second spring legs with one of the first and second gripping elements as taught by Horikawa as this removes a step thereby making a smoother surface and reduces the likelihood of surface defects.
Allowable Subject Matter
Claims 15 and 20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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, Anita Coupe can be reached at 571-270-3614. 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.
/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619