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 Group I, claims 1-13 in the reply filed on 4/16/2026 is acknowledged.
Claims 14-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/16/2026.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Messerly et al. (US Pub. No. 2021/0196345 A1).
Regarding claim 1, Messerly et al. disclose an ultrasonic scalpel 116 (ultrasonic blade; Fig. 1 - paragraph [0121]) comprising a handheld component 104 (Fig. 1) and a control module (paragraph [0014] and variously throughout), the handheld component 104 being provided with a trigger button 106 (Fig. 1), wherein: the trigger button is connected to an input terminal of the control module (paragraphs [0126], [0138], [0144] -[0150]); the control module is configured to be electrically connected to an energy generating apparatus (paragraphs [0126], [0138], [0144]-[0150]), if the trigger button is pressed, the control module controls the energy generating apparatus to output ultrasonic energy, and if the trigger button is released, the control module controls the energy generating apparatus to stop outputting ultrasonic energy (paragraphs [0126], [0138], [0144]-[0150]); and the control module is configured to, in response to receiving a first trigger signal triggered by an external switching action, each time the trigger button is pressed, controls the energy generating apparatus to change the current an ultrasonic energy output state, and the changed ultrasonic energy output state being maintained until the trigger button is pressed again (paragraphs [0126], [0138], [0144]-[0150]).
Regarding claim 2, Messerly et al. further disclose wherein: the control module electrically connected to the energy generating apparatus via a power board, and, if the trigger button is pressed, the control module controls the power board to send a drive instruction (paragraphs [0256]-[0258]) to the energy generating apparatus (paragraphs [0126], [0138], [0144]-[0150]), and, if the trigger button is released, the control module controls the power board to stop sending the drive instruction (paragraphs [0126], [0138], [0144]-[0150]); and the control module is configured to: in response to receiving the first trigger signal, each time the trigger button is pressed, control the power board to change a drive instruction output state, the changed drive instruction output state being maintained until the trigger button is pressed again, and the drive instruction output state comprising a state of sending the drive instruction or a state of stopping sending the drive instruction (paragraphs [0126], [0138], [0144]-[0150], & [0256]-[0258]).
Regarding claim 3, Messerly et al. further disclose wherein: the control module is electrically connected to the energy generating apparatus via an electronically controllable switch (paragraphs [0126], [0138], [0144]-[0150]), and, if the trigger button is pressed, the control module controls the electronically controllable switch to switch on, and, if the trigger button is released, the control module controls the electronically controllable switch to switch off (paragraphs [0126], [0138], [0144]-[0150]); and the control module is configured to: in response to receiving the first trigger signal, each time the trigger button is pressed, control the electronically controllable switch to change the current a switching state, the changed switching state being maintained until the trigger button is pressed again (paragraphs [0126], [0138], [0144]-[0150]).
Regarding claim 4, Messerly et al. further disclose wherein , the control module is configured to: after responding to the first trigger signal, in response to receiving a second trigger signal triggered by an external release switching action (paragraphs [0126], [0138], [0144]-[0150]), if the trigger button is pressed, control the energy generating apparatus to output ultrasonic energy, and if the trigger button is released, the control module control the energy generating apparatus to stop outputting ultrasonic energy (paragraphs [0126], [0138], [0144]-[0150]).
Regarding claim 5, Messerly et al. further disclose wherein , the external switching action that triggers the first trigger signal comprises performing a predefined operation action on the trigger button (paragraphs [0126], [0138], [0144]-[0150], & [0256]-[0258]), the predefined operation action comprising double clicking the trigger button within a predefined time period (paragraphs [0126], [0138], [0144]-[0150], & [0256]-[0258]).
Regarding claim 6, Messerly et al. further disclose wherein , the trigger button is arranged on a housing of the handheld component 102, among one or more operation buttons 124, 126, 130 thereon (Fig. 1; paragraphs [0121]-[0122]), the one or more other operation buttons comprising at least one of function power shift buttons (paragraphs [0121]-[0122]), or operation buttons configured to control any of a rotation, bending, opening, or closing operation of a functional head.
Regarding claim 7, Messerly et al. further disclose wherein the external switching action that triggers the first trigger signal comprises: clicking or long-pressing one of the one or more operation buttons other than the trigger button (paragraphs [0121]-[0126]); double or multiple-clicking one of the operation buttons within a predefined time period; pressing two or more of the operation buttons simultaneously (paragraphs [0121]-[0126]); successively pressing two or more of the operation buttons in a predefined order; or, flipping a dial switch provided on the housing of the handheld component among the one or more operation buttons (paragraphs [0121]-[0126]).
Regarding claim 8, Messerly et al. further disclose wherein , no joint or interface is provided on the handheld component to connect to a foot switch (Fig. 1 - no foot switch discussed with respect to this embodiment).
Regarding claim 9, Messerly et al. further disclose wherein the handheld component 102 comprises a handle shell, a transducer assembly (connected to the blade 116 and held within 102 - Fig. 1), and a power cord 131 (Fig. 1), wherein the control module and the transducer assembly are arranged within an accommodating cavity of the handle shell, and wherein the transducer assembly is rotatably arranged around an axis in the accommodating cavity (paragraph [0126]); wherein a first end portion of the power cord is connected to the transducer assembly in the accommodating cavity; and wherein a second end portion of the power cord passes through a lower portion of the handle shell to exit the accommodating cavity (Fig. 1
Regarding claim 10, Messerly et al. further disclose wherein the transducer assembly comprises: a transducer housing and a transducer that are fixedly arranged to each other, the transducer housing having a hollow cavity wherein at least a rear portion of the transducer is accommodated within the hollow cavity; and a conductive element (paragraph [0121] - associated with cable 131) fixedly arranged outside the transducer housing the conductive element having at least a conductive portion wherein the transducer is fixedly and electrically connected to the conductive portion, wherein the accommodating cavity of the handle shell 102 is fixedly provided with a power connection element therein such that the power connection element abuts against the conductive portion, and wherein, when the transducer assembly rotates about its own axis with respect to the handle shell (paragraph [0126] - rotatable knob 122 rotates the shaft and end effector 110 which includes blade 116 which is attached to the transducer), the power connection element 131 maintains contact with the conductive portion to maintain an electrical connection.
Regarding claim 11, Messerly et al. further disclose wherein: the conductive element is fixedly arranged at an outer peripheral portion of the rear portion of the transducer housing; the conductive portion is a circular ring (the cross section of a conducting cable, such as the conducting cable 131’s distal portion which is the conductive element that attaches with the transducer, is a circular ring), and the axis of the conductive portion is collinear with the axis of the transducer assembly; the power connection element (distal portion of 131) is located on a circumferential outer side of the transducer assembly; and the power connection element elastically abuts against the conductive portion forward along a front-to-rear direction of the transducer housing (colinear - Fig. 1).
Regarding claim 12, Messerly et al. further disclose wherein: the control module is connected to an external human-machine interaction device, and wherein the control module is configured to receive an instruction via the external human-machine interaction device to trigger the first trigger signal (discussion throughout about a GUI (graphical user interface) on a display screen - at least in paragraph [0210]).
Regarding claim 13, Messerly et al. further disclose wherein the external human-machine interaction device comprises a touch screen and wherein the touch screen is in a wired connection to the control module; or wherein the external human-machine interaction device is a mobile terminal, wirelessly connected to the control module (discussion throughout about a GUI (graphical user interface) on a display screen - at least in paragraph [0210]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 June 13, 2026
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