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 (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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Germain (US 2013/0172870) in view of Huron (US 9,023,042).
Regarding claim 1, Germain teaches a handpiece for a surgical instrument comprising:
an inner moulding (Fig. 25) for housing a motor (motor for handle 600) and at least one channel configured to be disposed adjacent to the motor for draining irrigation fluid during operation of the said instrument (tissue extraction channel);
wherein the inner moulding further comprises a first region configured to enable thermal coupling between the motor and the at least one channel (first region as heat exchange material as in Fig. 25), the first region being formed of a thermally conductive material (heat exchange).Germain is not explicit regarding an outer casing surrounding the inner moulding, the outer casing formed of a first thermally insulative material.However, Huron teaches a handle casing surrounding the interior of the device (col. 2, lines 41-45, col. 7 lines 58-62).It would have been obvious to one of ordinary skill in the art to modify Germain with Huron as a known material for the handle of a device.
Regarding claim 2, Germain is not explicit wherein the handpiece comprises a second region disposed between the inner moulding and the outer casing, the second region being formed of a second thermally insulative material and configured to surround the inner moulding to prevent thermal coupling between the inner moulding and the outer casing.However, Huron teaches the outer casing, with space between the inner moulding and outer casing (Fig. 3B with space between the housing 14 and the inner moulding 26).It would have been obvious to one of ordinary skill in the art to modify Germain with Huron as a known material for the handle of a device.
Regarding claim 3, Germain teaches wherein the first region is further configured to partially surround the at least one channel and partially surround the motor (Fig. 25 with the thermal exchanger at least partially surrounding the channel and the motor).
Regarding claim 4, Germain teaches wherein the first region is further configured to partially surround the at least one channel and completely surround the motor (Fig. 25 with the thermal exchanger at least partially surrounding the channel and the motor).
Regarding claim 5, Germain teaches wherein the first region is further configured to completely surround the at least one channel and partially surround the motor (Fig. 25 with the thermal exchanger surrounding the channel and the motor).
Regarding claim 6, Germain is not explicit wherein the first region extends over an angle between 120-300 degrees around the circumferential area of the at least one channel.However, contact between the first region and the channel would be a matter of how much heat is desired to be transferred to the motor. One of ordinary skill in the art would look to increase or decrease the amount of material in contact with the channel to limit a level of heat transfer.
Regarding claim 7, Germain is not explicit wherein the first region extends over an angle between 180-270 degrees around the circumferential area of the at least one channel.However, contact between the first region and the channel would be a matter of how much heat is desired to be transferred to the motor. One of ordinary skill in the art would look to increase or decrease the amount of material in contact with the channel to limit a level of heat transfer.
Regarding claim 8, Germain is not explicit wherein the first region extends over an angle between 120-300 degrees around the circumferential area of the motor.However, contact between the first region and the motor would be a matter of how much heat is desired to be transferred to the motor. One of ordinary skill in the art would look to increase or decrease the amount of material in contact with the channel to limit a level of heat transfer.
Regarding claim 9, Germain is not explicit wherein the first region extends over an angle between 180-270 degrees around the circumferential area of the motor.However, contact between the first region and the motor would be a matter of how much heat is desired to be transferred to the motor. One of ordinary skill in the art would look to increase or decrease the amount of material in contact with the channel to limit a level of heat transfer.
Regarding claim 10, Germain is not explicit wherein the first region has a non-uniform thickness.However, given the channel would go through the heat exchange material as in par. [0115] and Fig. 25, the channel would create a non-uniform thickness through the material.
Regarding claim 11, Germain is not explicit regarding wherein the first region is configured to extend along a length of a heat-generating portion of the motor. However, Fig. 25 of Germain shows the motor 605 in contact with the heat exchange material along a length.One of ordinary skill in the art would appreciate that the heat exchange material would extend along a motor that generates heat given the entirety of the motor would heat up in use.
Regarding claim 12, Germain teaches thermally insulative material as ceramic (par. [0112]).
Regarding claim 13, Germain is not explicit wherein the second thermally insulative material comprises air.
However, Huron teaches the outer casing, with space between the inner moulding and outer casing (Fig. 3B with space between the housing 14 and the inner moulding 26).It would have been obvious to one of ordinary skill in the art to modify Germain with Huron with space between the handle and the inner moulding, to separate the heat from the handle.
Regarding claim 14, Germain teaches the thermally conductive material is selected from a group comprising stainless steel as a conductive material (par. [0058]).
Regarding claim 15, Germain teaches wherein the handpiece comprises a plurality of channels disposed adjacent to the motor (615 and 612).
Regarding claim 16, Germain teaches the handpiece according to claim 1 (see above), an elongate shaft extending from a distal end of the hand-piece (shaft 140); andan end effector positioned at a distal end of the elongate shaft (working end 145).
Regarding claim 17, Germain teaches an electrosurgical system comprising:
An RF electrosurgical generator (RF source 150); andan electrosurgical instrument according to claim 16 (see above).
Regarding claim 18, Germain teaches a motor (600) for controlling an end effector of a surgical instrument (reciprocating cutting sleeve as in par. [0115]), the motor comprising:
a thermally conductive region disposed on an outer surface of the motor (thermal exchanger region as in Fig. 25 and par. [0115]), the thermally conductive region being configured to receive at least one channel of the surgical instrument and to enable thermal coupling between the motor and the at least one channel (par. [0115] with the tissue extraction channel).
Regarding claim 19, Germain teaches wherein the thermally conductive region is further configured to:
partially surround the at least one channel and partially surround the motor (Fig. 25 with the thermal exchanger at least partially surrounding the channel and the motor).
Regarding claim 20, Germain teaches wherein the thermally conductive region is further configured to completely surround the at least one channel and partially surround the motor (Fig. 25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Algawi (US 2018/0291882) teaches a motor for actuating a pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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