DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-13 and 15-24 are objected to because of the following informalities:
change claim 1 line 12 accordingly: “the gas sealed access cap”
change each of claims 2-13 accordingly: “[[A]] The gas sealed access cap”
change claim 4 line 2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 6 lines 1-2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 7 line 2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 13 line 2 accordingly: “a bulls-eye connector fitting” to correlate with the format in applicant specification (e.g., see p. 13, ll. 1-5)
change each of claims 15-24 accordingly: “[[A]] The gas sealed access cap”
change claim 15 line 2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 17 line 1-2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 18 line 2 accordingly: “the pair of diametrically opposed flexible clips”
change claim 19 line 2 accordingly: “the pair of diametrically opposed flexible clips”
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities: the reference character “30” is referred to in the specification as both “gas sealed access cap 30” (see e.g. par. 51 in PGPub US 2024/0325048 A1) and “gas sealed access port 30” (see e.g. par. 59). If the instant two elements are intended to be the same element then this should be explained in the specification text. If they are not intended to be the same element then they should not both have the same reference character.
Appropriate correction is required.
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.
Claims 2-24 are 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 5 recites the limitation "the circumferential groove" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the plurality of spaced apart vanes" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites “the pair1 of diametrically opposed flexible clips each include …” The metes and bounds of the instant phrase is unclear because there has been only one pair claimed. For purposes of compact prosecution the claim is interpreted as “each clip of the pair of diametrically opposed flexible clips [[each]] includes …”
Claim 8 recites the limitation "the distal portions …" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the handle" in line 3. There is insufficient antecedent basis for this limitation in the claim. There is only antecedent basis for a “proximal handle portion”.
Claim 12 recites the limitation "the length" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites “the pair2 of diametrically opposed flexible clips each include …” The metes and bounds of the instant phrase is unclear because there has been only one pair claimed. For purposes of compact prosecution the claim is interpreted as “each clip of the pair of diametrically opposed flexible clips [[each]] includes …”
Claim 19 recites the limitation "the circumferential groove" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the handle" in line 3. There is insufficient antecedent basis for this limitation in the claim. There is only antecedent basis for a “proximal handle portion”.
Claim 22 recites the limitation "the distal optical cutting tip" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the length" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims dependent thereon are rejected for the same reasons.
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) 1-9, 13-20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No.: US 2018/0256207 A1 (Augelli) in view of Pub. No.: US 2007/0088277 A1 (McGinley), as evidenced by Pub. No.: US 2020/0305928 A1 (Thompson).
Regarding claim 1, Augelli discloses (see the embodiment of figs. 25-30) a gas sealed access cap 726 (this is similar to cap 30 in applicant fig. 2) for a robotic (see par. 100; the robotic cannula grasps flange 757 in fig. 26; this is similar to grasping handle 36 in applicant fig. 4) cannula (housing portion 750 includes tubular stem 753) comprising:
a) a housing 750 having a lid (at location 776 in fig. 29) defining a central access port (port just radially inward from location 776 in fig. 29; also see annotated figure below) communicating with an interior cavity (see “interior chamber” at par. 102, top and see annotated figure below) that receives pressurized gas (see “pressurized gas” at par. 102, top) through an inlet port 756 to generate a gaseous sealing zone (see par. 102) within the robotic (see par. 100) cannula (housing portion 750 includes tubular stem 753) and that directs (intended use: outlet 758 is for “return” of pressurized gas; see par. 103) spent gas from the gaseous sealing zone (see par. 102) through (manifold 760 may have concentric ports or else have separate inlet or outlet ports 756,758; see par. 103) an outlet port 758;
b) a central access tube 753 aligned with (see annotated figure below) the central access port (see annotated figure below) of the housing 750 and extending (see annotated figure below) distally (see annotated figure below) from the interior cavity (see “interior chamber” at par. 102, top) for communicating with (see par. 102: “the tubular stem 753 is in pneumatic communication with the central cannula bore 754 of the tubular body portion 752”) a tubular portion 752 (see fig. 26) of the robotic cannula, a distal end (see annotated figure below) of the housing 750 extends distally (see annotated figure below), a distal end (see annotated figure below) of the central access tube 753 for reception (see fig. 27) within a proximal bowl portion 755 (see fig. 27) of the robotic cannula; and
c) a pair 740a,740b of diametrically opposed (see “diametrically opposed” at par. 103 and also see figs. 26-27) flexible (see “spring-loaded” at par. 103) clips extending from (see fig. 29) a circumferential flange (see fig. 29 showing circular structure from which clips 740a,740 extend from) that is integrally formed (see figs. 27-28; the term “integral” can be interpreted as “formed as a unit with another part”, Merriam-Webster online) with an exterior surface (see annotated figures below) of the housing for releasably securing (see figs. 26-27) the gas sealed access cap to the proximal bowl portion 755 of the robotic cannula.
Augelli does not disclose wherein the distal end of the housing extends distally beyond the distal end of the central access tube.
McGinley teaches (see figs. 3, 6 and 39) a similar a gas sealed 101 access cap 3 (cap 3 is a cap of cannula 5 just as Augelli cap 726 is a cap of cannula 752,754) and further teaches wherein a distal end of a housing extends distally beyond a distal end (fixed, see par. 92, duckbill 103, see par. 90) of a central access tube (see annotated figure below). The distal end of McGinley access tube, see annotated figure below, is adjacent to the entrance of cannula 5, see par. 96, that is similar to the configuration of Augelli.
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[AltContent: textbox (central access port)][AltContent: arrow][AltContent: textbox (distal direction)][AltContent: textbox (annotated boundary of claimed interior cavity having annular jet assembly 764 inside)][AltContent: arrow][AltContent: arrow][AltContent: textbox (central access tube 753 extending distally from interior cavity)][AltContent: arrow][AltContent: arrow][AltContent: textbox (distal end of housing 750)][AltContent: arrow][AltContent: textbox (distal end of central access tube 753)][AltContent: arrow][AltContent: textbox (vanes)][AltContent: arrow][AltContent: connector][AltContent: connector]
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It is noted that the Supreme Court held in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007), that "obvious to try" was a valid rationale for an obviousness finding, for example, when there is a "design need" or "market demand" and there are a "finite number" of solutions (MPEP 2141; 2144.05). ”When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense” (Id. at 1397).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to try the distal end of the housing extends distally beyond the distal end of the central access tube as taught by McGinley. Arriving at this configuration provides protection of the distal end in annotated Augelli fig. 30 above such distal end is not received in the proximal bowl portion 755 for example during storage when not in use on a human patient. Thompson fig. 33 is evidenced that a person of ordinary skill in the art around the time of applicant invention was skilled regarding forming the instant combination of Augelli in view of McGinley (References which do not qualify as prior art because they postdate the claimed invention may be relied upon to show the level of ordinary skill in the art at or around the relevant time. See Ex parte Erlich, 22 USPQ2d 1463 (Bd. Pat. App. & Inter. 1992); MPEP 2124).
Regarding claim 2, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein an annular jet assembly 764 is supported in the interior cavity (see “interior chamber” at par. 102, top and see annotated figures above) of the housing for generating (see par. 102) the gaseous sealing zone (see par. 102) within the robotic cannula so as to maintain a stable pressure (see par. 102, bottom) within the surgical cavity (see par. 102, bottom) of a patient (see abstract; it is noted that “within the surgical cavity of a patient” is treated as intended use), and wherein the annular jet assembly 764 includes a central aperture (see fig. 29) aligned with (see fig. 29) the central access port of the lid 776.
Regarding claim 3, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein a plurality of circumferentially spaced apart radially inwardly extending vanes (see annotated figures above; such vanes are shown by Stearns (US 2015/0025323 that is incorporated by reference into Augelli; see Augelli par. 77) vanes 207 for example at figs. 3-4) are formed integral (see annotated figures above; this shown by Stearns vanes 207 for example at figs. 4-5) with the housing 750 and located within (see annotated figures above) the interior cavity (see “interior chamber” at par. 102, top and see annotated figures above) below (see annotated figures above) the annular jet assembly 764 for directing (this is discussed by Stearns pars. 40-41) the spent gas from the gaseous sealing zone to the outlet port 758 of the housing.
Regarding claim 4, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses a circumferential groove (one of ordinary skill in the art would understand that there is a circumferential groove for o-ring 759 to be housed within in fig. 27; see Stearns par. 52) is formed distal (see figs. 26-27 wherein the distal direction is shown in annotated figures above) to the pair of diametrically opposed flexible clips 740a,740b for accommodating an O-ring seal 759. Augelli instant embodiment does not disclose the circumferential groove in the exterior surface (see annotated figures above) of the housing 750.
Stearns teaches a circumferential groove (at location 252 in fig. 2) in an exterior surface of a housing 200. Stearns and Augelli instant embodiment explain that the general concept that a circumferential groove accommodating an o-ring may be in the outer structure as shown in Augelli fig. 27a or in the inner structure as shown in Stearns fig. 2 of mating inner and outer structures. It is noted that reversal of parts is an obvious modification (MPEP 2144.04).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Augelli embodiment of figs. 25-30 with the circumferential groove formed in the exterior surface of the housing 750 because reversal of parts is an obvious modification. This results in the claimed circumferential groove that accommodates Augelli fig. 27 o-ring 759 being in the outer surface of housing 750.
Regarding claim 5, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the circumferential groove (at location 759 in fig. 27) is proximal (the vanes shown in fig. 30 are proximal to structure 751 that mates with the o-ring 759 within the instant circumferential groove) to the plurality of spaced apart vanes (see annotated figures above).
Regarding claim 6, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the pair of diametrically opposed flexible clips 740a,740b each include a proximal portion (see annotated figure below), a medial portion (see annotated figure below) and a distal portion (see annotated figure below).
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Regarding claim 7, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the proximal portions (see annotated figures above) of the diametrically opposed flexible clips 740a,740b are parallel (see annotated figures above and see fig. 28) to one another.
Regarding claim 8, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the distal portions of the diametrically opposed flexible clips 740a,740b extend to (the term “to” is interpreted as “toward”, https://www.thefreedictionary.com/to) (see annotated figures 27 and 28 above) the circumferential groove (see annotated figures 27 and 28 above).
Regarding claim 9, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses (see annotated fig. 27 above) wherein the circumferential flange (see fig. 29 showing circular structure from which clips 740a,740 extend from) is proximal to the circumferential groove.
Regarding claim 13, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses the inlet port and the outlet port of the housing communicate with a manifold 760 associated with a bulls-eye (the inlet 758 and outlet 758 paths may be dual lumen as shown in fig. 27a or may be concentric (see par. 103) as shown in fig. 26 wherein the connector associated with fig. 26 manifold 760 resembles a bullseye in the center; this is consistent with applicant bullseye connector 96 at fig. 4 and p. 13, ll. 1-5) connector fitting 760 for communicating with a pressurized gas line 756 and a return gas line 758 of a filtered (see filter cartridge 36 connected with manifold 760 in fig. 25) tube set 20 (see fig. 25).
Regarding claim 14, Augelli discloses (see the embodiment of figs. 25-30) a gas sealed access cap 726 (this is similar to cap 30 in applicant fig. 2) for a robotic (see par. 100; the robotic cannula grasps flange 757 in fig. 26; this is similar to grasping handle 36 in applicant fig. 4) cannula (housing portion 750 includes tubular stem 753) comprising:
a) a housing 750 having a lid (at location 776 in fig. 29) defining a central access port (port just radially inward from location 776 in fig. 29; also see annotated figure above) extending to (see annotated figures above) an interior cavity (see “interior chamber” at par. 102, top and see annotated figure above) that supports an annular jet assembly 764 for received pressurized gas (see “pressurized gas” at par. 102, top) from an inlet port 756 of the housing, wherein the annular jet assembly includes a central aperture (see fig. 29) aligned with (see fig. 29) the central access port of the lid 776 and is adapted to generate a gaseous sealing zone (see par. 102) within the robotic (see par. 100) cannula (housing portion 750 includes tubular stem 753) to maintain a stable pressure (see par. 102, bottom) within the surgical cavity (see par. 102, bottom) of a patient (see abstract; it is noted that “within the surgical cavity of a patient” is treated as intended use);
b) a plurality of circumferentially spaced apart radially inwardly extending vanes (see annotated figures above; such vanes are shown by Stearns (US 2015/0025323 that is incorporated by reference into Augelli; see Augelli par. 77) vanes 207 for example at figs. 3-4) are formed integral (see annotated figures above; this shown by Stearns vanes 207 for example at figs. 4-5) with the housing 750 and located within (see annotated figures above) the interior cavity (see “interior chamber” at par. 102, top and see annotated figures above) below (see annotated figures above) the annular jet assembly 764 for directing (this is discussed by Stearns pars. 40-41) the spent gas from the gaseous sealing zone to the outlet port 758 of the housing;
c) a central access tube 753 aligned with (see annotated figure above) the central access port (see annotated figure above) of the housing 750 and central aperture of the annular jet assembly, and extending (see annotated figure above) distally (see annotated figure above) from the interior cavity (see “interior chamber” at par. 102, top) of the housing below the vanes for communicating with (see par. 102: “the tubular stem 753 is in pneumatic communication with the central cannula bore 754 of the tubular body portion 752”) a tubular portion 752 (see fig. 26) of the robotic cannula, wherein a distal end (see annotated figure above) of the housing 750 extends distally (see annotated figure above), a distal end (see annotated figure above) of the central access tube 753 for reception (see fig. 27) within a proximal bowl portion 755 (see fig. 27) of the robotic cannula; and
d) a pair 740a,740b of diametrically opposed (see “diametrically opposed” at par. 103 and also see figs. 26-27) flexible (see “spring-loaded” at par. 103) clips extending from (see fig. 29) a circumferential flange (see fig. 29 showing circular structure from which clips 740a,740 extend from) that is integrally formed (see figs. 27-28; the term “integral” can be interpreted as “formed as a unit with another part”, Merriam-Webster online) with an exterior surface (see annotated figures above) of the housing for releasably securing (see figs. 26-27) the gas access cap to the proximal bowl portion 755 of the robotic cannula.
Augelli does not disclose wherein the distal end of the housing extends distally beyond the distal end of the central access tube.
McGinley teaches (see figs. 3, 6 and 39) a similar a gas sealed 101 access cap 3 (cap 3 is a cap of cannula 5 just as Augelli cap 726 is a cap of cannula 752,754) and further teaches wherein a distal end of a housing extends distally beyond a distal end (fixed, see par. 92, duckbill 103, see par. 90) of a central access tube (see annotated figure above). The distal end of McGinley access tube, see annotated figure above, is adjacent to the entrance of cannula 5, see par. 96, that is similar to the configuration of Augelli.
It is noted that the Supreme Court held in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007), that "obvious to try" was a valid rationale for an obviousness finding, for example, when there is a "design need" or "market demand" and there are a "finite number" of solutions (MPEP 2141; 2144.05). ”When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense” (Id. at 1397).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to try the distal end of the housing extends distally beyond the distal end of the central access tube as taught by McGinley. Arriving at this configuration provides protection of the distal end in annotated Augelli fig. 30 above such distal end is not received in the proximal bowl portion 755 for example during storage when not in use on a human patient. Thompson fig. 33 is evidenced that a person of ordinary skill in the art around the time of applicant invention was skilled regarding forming the instant combination of Augelli in view of McGinley (References which do not qualify as prior art because they postdate the claimed invention may be relied upon to show the level of ordinary skill in the art at or around the relevant time. See Ex parte Erlich, 22 USPQ2d 1463 (Bd. Pat. App. & Inter. 1992); MPEP 2124).
Regarding claim 15, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses a circumferential groove (one of ordinary skill in the art would understand that there is a circumferential groove for o-ring 759 to be housed within in fig. 27; see Stearns par. 52) is formed distal (see figs. 26-27 wherein the distal direction is shown in annotated figures above) to the pair of diametrically opposed flexible clips 740a,740b for accommodating an O-ring seal 759. Augelli instant embodiment does not disclose the circumferential groove in the exterior surface (see annotated figures above) of the housing 750.
Stearns teaches a circumferential groove (at location 252 in fig. 2) in an exterior surface of a housing 200. Stearns and Augelli instant embodiment explain that the general concept that a circumferential groove accommodating an o-ring may be in the outer structure as shown in Augelli fig. 27a or in the inner structure as shown in Stearns fig. 2 of mating inner and outer structures. It is noted that reversal of parts is an obvious modification (MPEP 2144.04).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Augelli embodiment of figs. 25-30 with the circumferential groove formed in the exterior surface of the housing 750 because reversal of parts is an obvious modification. This results in the claimed circumferential groove that accommodates Augelli fig. 27 o-ring 759 being in the outer surface of housing 750.
Regarding claim 16, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the circumferential groove (at location 759 in fig. 27) is proximal (the vanes shown in fig. 30 are proximal to structure 751 that mates with the o-ring 759 within the instant circumferential groove) to the spaced apart vanes (see annotated figures above).
Regarding claim 17, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the pair of diametrically opposed flexible clips 740a,740b each include a proximal portion (see annotated figure above), a medial portion (see annotated figure above) and a distal portion (see annotated figure above).
Regarding claim 18, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the proximal portions (see annotated figures above) of the pair of diametrically opposed flexible clips 740a,740b are parallel (see annotated figures above and see fig. 28) to one another.
Regarding claim 19, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses wherein the distal portions of the pair of diametrically opposed flexible clips 740a,740b extend to (the term “to” is interpreted as “toward”, https://www.thefreedictionary.com/to) (see annotated figures 27 and 28 above) the circumferential groove (see annotated figures 27 and 28 above).
Regarding claim 20, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses (see annotated fig. 27 above) wherein the circumferential flange (see fig. 29 showing circular structure from which clips 740a,740 extend from) is proximal to the circumferential groove.
Regarding claim 24, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses the inlet port and the outlet port of the housing communicate with a manifold 760 associated with a bullseye (the inlet 758 and outlet 758 paths may be dual lumen as shown in fig. 27a or may be concentric (see par. 103) as shown in fig. 26 wherein the connector associated with fig. 26 manifold 760 resembles a bullseye in the center; this is consistent with applicant bullseye connector 96 at fig. 4 and p. 13, ll. 1-5) connector fitting 760 for communicating with a pressurized gas line 756 and a return gas line 758 of a filtered (see filter cartridge 36 connected with manifold 760 in fig. 25) tube set 20 (see fig. 25).
Claim(s) 10, 11, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Augelli in view of McGinley, as evidenced by Thompson, as applied to claim 1 above, and further in view of US Patent 5,860,996 (Urban).
Regarding claims 10 and 21, Augelli in view of McGinley teach the current invention as claimed and discussed above. Augelli discloses an obturator (see Mastri (US Patent 9,545,264 B2) incorporated by reference into Augelli; see Augelli par. 81; obturator 112 in fig. 1 or obturator 212 in fig. 10) having a proximal handle portion116 for cooperatively engaging (see col. 4, ll. 10-15 discussion of handle portion 116 engaging housing 108; handle portion 116 is consistent with applicant fig. 5 handle portion 72) with a lid (at location 110 in fig. 4) of a housing 108 and an elongated obturator shaft 114 extending distally (see fig. 2) from the handle and having a distal tip (see 118 in fig. 2 or tip 218 in fig. 10 or tip 318 in fig. 12). It is noted that Mastri points out that “any suitable tip geometry can be used” according to the application (see col. 4, ll. 60-67). Augelli does not disclose the distal tip is a distal optical cutting tip (claim 10) or the distal tip is a distal cutting tip (claim 21).
Urban teaches an obturator 12 (see fig. 1) and further teaches a distal optical cutting tip 28,34 (of an elongated obturator shaft 20)(see abstract: “ an optical window [i.e. optical window 28 at col. 4, ll. 10-15] is positioned at the distal end of the sleeve and is provided to permit optical images to pass into the longitudinal bore of the sleeve and to permit illumination light to pass to the surgical site”; see cutting blade 34 and optical window 28 at fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Augelli in view of McGinley with the distal tip is a distal optical cutting tip as taught by Urban in order to facilitate (claim 10) improving intra-cavity visibility for surgeon (see Urban col. 1, ll. 55-60) and (claim 21) to make incision(s) for surgery (see Urban col. 1, ll. 20-27).
Regarding claims 11 and 22, Augelli in view of McGinley and Urban teach the current invention as claimed and discussed above. Augelli discloses wherein the proximal handle portion 116 of the obturator (112 or 212) defines a central port (see location just below text “215” in fig. 11) communicating with a bore (see bore extending from central port towards top 218 in fig. 12) that extends through the elongated obturator shaft 214 to the distal optical cutting tip (tip 218 as modified by Urban in the claim 10 analysis above) for receiving a scope (intended use; the port is capable of receiving a scope; see discussion of endoscope at Mastri col. 4, ll. 35-40).
Claim(s) 12 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Augelli in view of McGinley, as evidenced by Thompson, and Urban as applied to claim 10 above, and further in view of US 2013/0066154 A1 (Mangiardi).
Regarding claim 12, Augelli in view of McGinley and Urban teach the current invention as claimed and discussed above. Augelli discloses the obturator shaft 214 (see Mastri fig. 11) at a location along the length thereof; an interior surface of the central access tube 753 (see Augelli figs. 29-30)) when (intended use) the obturator shaft is extended through (see for example obturator 490 shaft extending through central access tube 452 at Augelli fig. 17) the central access port of the housing 750 (see Augelli fig. 26). Augelli does not disclose wherein an annular seal is supported on the obturator shaft 214 for sealing against the interior surface of the central access tube 753.
Mangiardi teaches an obturator/introducer 602 (see fig. 6) and further teaches wherein an annular seal 608 is supported on an obturator shaft 606 for sealing against the interior surface of a central access tube (at location 602 in fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Augelli in view of McGinley and Urban with wherein an annular seal is supported on the obturator shaft 214 for sealing against the interior surface of the central access tube 753 as taught by Mangiardi in order to facilitate preventing over-insertion (see Mangiardi par. 45) and providing a retaining feature (see Mangiardi par. 74).
Regarding claim 23, Augelli in view of McGinley and Urban teach the current invention as claimed and discussed above. Augelli discloses the obturator shaft 214 (see Mastri fig. 11) at a location along the length thereof; an interior surface of the central access tube 753 (see Augelli figs. 29-30)) when (intended use) the obturator shaft is extended through (see for example obturator 490 shaft extending through central access tube 452 at Augelli fig. 17) the central access port of the housing 750 (see Augelli fig. 26). Augelli does not disclose wherein an annular sealing flange is supported on the obturator shaft 214 for sealing against the interior surface of the central access tube 753.
Mangiardi teaches an obturator/introducer 602 (see fig. 6) and further teaches wherein an annular seal 608 (such seal 608 when installed is a radially outward extending “flange” that provides a retaining feature described in the next paragraph) is supported on an obturator shaft 606 for sealing against the interior surface of a central access tube (at location 602 in fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to provide Augelli in view of McGinley and Urban with wherein an annular sealing flange is supported on the obturator shaft 214 for sealing against the interior surface of the central access tube 753 as taught by Mangiardi in order to facilitate preventing over-insertion (see Mangiardi par. 45) and providing a retaining feature (see Mangiardi par. 74).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC J AMAR whose telephone number is (571)272-9948. The examiner can normally be reached M-F 9:00-6:00.
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/MARC AMAR/Examiner, Art Unit 3741 /DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741
1 See claim objection section above.
2 See claim objection section above.
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