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 .
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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 3, 2024 and July 14, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“opening/closing function unit” in claim 1;
“opening/closing drive unit” in claim 1; and
“insertion fixing portion” in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “a diameter of the drive shaft” in line 5 and “a diameter of the drive shaft” in line 26. The claim is unclear as to whether these limitations refer to the same diameter of the drive shaft or different diameters, thus rendering the claim indefinite. For examination purposes, claim 6 is interpreted as referring to the same diameter of the drive shaft.
Claim Rejections - 35 USC § 102
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, 2, 4, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holsten et al. (U.S. Patent Application Publication No. 20170128071; hereinafter “Holsten”).
Regarding claim 1, Holsten discloses a forceps device comprising:
a main body (100) with a fixed handle (Figs. 3-4) extending downward;
an opening/closing function unit (200) having a base end portion supported by the main body and a distal end portion, the opening/closing function unit extending forward from the main body and including an opening/closing portion to be opened and closed at the distal end portion (Fig. 2);
an opening/closing drive unit (120) serially coupled to a rear end portion of the opening/closing function unit and supported by the main body to be movable between an open position in a front side and a closed position in a rear side (paras. [0111]-[0113]), the opening/closing drive unit opening the opening/closing portion when positioned at the open position and closing the opening/closing portion when positioned at the closed position (para. [0142]);
a movable handle (104) supported by the main body to be movable between a forward position (fully unactuated position; para. [0140]) spaced forward from the fixed handle (Fig. 21) and a rearward position (actuated position; para. [0143]) close to the fixed handle (Fig. 23), the movable handle being coordinated with the opening/closing drive unit such that the opening/closing drive unit is positioned at the open position when the movable handle is positioned at the forward position (para. [0140]) and the opening/closing drive unit is positioned at the closed position when the movable handle is positioned at the rearward position (para. [0142])); and
a ratchet mechanism (150) that transitions between a restriction state (“on or activated” state; par. [0121]) in which the opening/closing drive unit is restricted to move in a direction of the open position and allowed to move in a direction of the closed position and a restriction release state (“off or de-activated” state; para. [0121]) in which the move in the open position direction and the closed position direction is not restricted, wherein
the ratchet mechanism includes:
ratchet teeth (152a) including a plurality of teeth arranged in a front-rear direction at a rear end portion of the opening/closing drive unit (Fig. 3); and
a stopper (142) supported by the main body to be turnable around a turning axis line extending in a left-right direction (e.g., along the longitudinal axis of pin (143b)) between a first turning position (“first position;” para. [0121]) at which the ratchet mechanism is transitioned to the restriction state (“on or activated” state; para. [0121]) and a second turning position (“second position;” para. [0121]) at which the ratchet mechanism is transitioned to the restriction release state (“off or de-activated” state; para. [0121]),
the stopper includes:
a ratchet pawl (154) disposed in a distal end side with respect to the turning axis line of the stopper, the ratchet pawl being configured to allow the opening/closing drive unit to move rearward without meshing with the ratchet teeth and restrict the opening/closing drive unit to move forward by meshing with the ratchet teeth when the stopper is positioned at the first turning position (para. [0118]); and
an operation portion (140) disposed in a rear end side with respect to the turning axis line of the stopper so as to project rearward from the main body, the operation portion being operated to turn the stopper between the first turning position and the second turning position (para. [0120]),
first biasing means (144) that biases the stopper from the second turning position toward the first turning position is disposed between the main body and the stopper (Fig. 3; paras. [0124]-[0125]), and
opening/closing drive unit biasing means (236; Fig. 21) that biases the opening/closing drive unit in a direction from the closed position toward the open position is disposed between the main body and the stopper (biasing member (236) is positioned longitudinally between nose (102c) of the main body and pawl actuator (142); Fig. 4).
Regarding claim 2, Holsten discloses the forceps device comprising fixing means (142a) that fixes the stopper at the first turning position or the second turning position to be releasable by the operation portion when the stopper is turned to the first turning position or the second turning position.
Regarding claim 4, Holsten discloses wherein
the opening/closing function unit (200; Fig. 15) includes:
an outer pipe portion (222) supported by the main body to be rotatable with a knob (160; Fig. 2), the outer pipe portion supporting the opening/closing portion to be openable and closable at the distal end portion;
a drive shaft (224) disposed in the outer pipe portion and driven in the front-rear direction to open and close the opening/closing portion; and
coupling means (212) that serially couples the drive shaft to the opening/closing drive unit to be releasable.
Regarding claim 8, Holsten discloses wherein
the opening/closing drive unit biasing means includes:
second biasing means (238) disposed between the main body and the opening/closing drive unit, the second biasing means biasing the opening/closing drive unit in a direction from the closed position toward the open position (Fig. 21; para. [0136]); and
third biasing means (104a) disposed between the main body and the movable handle, the third biasing means biasing the movable handle in a direction separating from the fixed handle to the frond side (Fig. 4; para. [0109]).
Regarding claim 9, Holsten discloses wherein
the movable handle is supported by the main body to be turnable around a spindle that is located above the opening/closing drive unit and extends in the left-right direction (Fig. 4), and
the opening/closing drive unit is coordinated with the movable handle via an oblong hole (120b) that is provided below the spindle at the movable handle and extends in an up-down direction and a pin-shaped member (104b) that is provided to the opening/closing drive unit and passes through the oblong hole in the left-right direction.
Regarding claim 10, Holsten disclose wherein
the outer pipe portion includes an opening/closing portion holder (222d) that has a distal end and holds the opening/closing portion at the distal end (Fig. 15),
the opening/closing portion holder includes a drive unit housing portion having a slit shape with an open distal end side and having both sidewalls (Fig 15), wherein
the opening/closing portion includes:
two blade portions (252, 254);
a blade turning shaft (256; para. [0137]) that turnably couples rear end sides of the two blade portions, the blade turning shaft having both end portions being supported by both of the sidewalls of the drive unit housing portion (Fig. 15); and
two link members (252a, 254a) having respective distal end portions turnably coupled to the rear end portions of the blade portions, the rear end portions being coupled to one another and turnably coupled to a distal end portion of the drive shaft (Fig. 15), wherein
the two blade portions are curved in an identical direction with respect to a turning plane perpendicular to the blade turning shaft in a closed state (Fig. 17), and function as scissors to be opened and closed by driving of the drive shaft in the front-rear direction (paras. [0137]-[0140]), and
the blade turning shaft is configured of a bolt fastened to the drive unit housing portion with a nut (Figs. 15-17).
Allowable Subject Matter
Claims 3 and 5-7 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:
Regarding claim 3, the prior art does not disclose or suggest “the fixing means includes: a ball plunger disposed at one of the main body or the stopper; and a first recessed portion and a second recessed portion formed at the other of the main body or the stopper, the first recessed portion and the second recessed portion functioning as receiving sides of the ball plunger when the stopper is positioned at the first turning position and the second turning position, and the first recessed portion has a length in a turning direction enough to allow the stopper to slightly turn between a turning position at which the ratchet pawl meshes with the ratchet teeth and a turning position at which the meshing is released when the stopper is positioned at the first turning position,” as read with all the limitations of the claim.
Insignares et al. (U.S. Patent No. 10058311) discloses a fixing means including a snap fit anchor bracket (117) with first and second recessed portions to lock a cam shaft arm (116) by friction lock, magnetic lock, or other ways (Figs. 2-3; col. 12, ln. 44 – col. 13, ln. 10).
Regarding claim 5, the prior art does not disclose or suggest “the shaft supporting portion includes left and right press buttons, each of the left and right press buttons is supported to be movable in the left-right direction while being biased in an opposite direction of the drive shaft by button biasing means at the shaft supporting portion, the drive shaft is provided with a contracted part having a tapered surface with a diameter increasing toward the rear side, each of the press buttons is provided with a pressing portion in the drive shaft side, the pressing portion presses the tapered surface to slide the drive shaft to the rear side, and the coupling means couples the drive shaft to the opening/closing drive unit based on the slide of the drive shaft to the rear side,” as read with all the limitations of the claim.
Holsten discloses a single press button (130) rather than left and right press buttons.
Riza (U.S. Patent No. 5782749) discloses a shaft supporting portion including single press button (129) with button biasing means (134) to couple a drive shaft to an opening/closing drive unit.
Claims 6-7 are objected to as being dependent upon claim 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan A Hollm whose telephone number is (703)756-1514. The examiner can normally be reached Mon - Fri 8:30-5:30.
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/JONATHAN A HOLLM/Examiner, Art Unit 3771