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 .
Status of the Claims
Claims 1-24 are pending in the Application.
Claims 6 and 15 have been withdrawn from current consideration (see below), as being drawn to a non-elected species.
Claims 1-5, 7-14, and 16-24 remain under current consideration by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Species A (Figs. 1-5), corresponding to claims 1-5, 7-14, and 16-24, in the reply filed on 27 May 2026 is acknowledged.
Claims 6 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 May 2026.
Drawings
The drawings are objected to because of the following informalities:
The drawings are objected to because Figs. 1-8 contain extraneous written matter. The text shown in these Figs. are not reference characters and therefore should not be shown in the drawings. Only figure numbers and reference characters (numerals are preferred) with a corresponding description in the Specification should be shown. All other text (i.e. figure labels other than the fig. no. itself, element descriptions, movement descriptions, etc.) should be removed. Please see MPEP 608.02 and 37 CFR 1.84
Figs. 1, 3-5 and 7-8 are objected to because they each show two separate views in a single figure.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “electrode” of claims 8, 18, and 24 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 21 is objected to because of the following informalities: Appropriate correction is required.
Re Claim 21: Lines 9-12 of claim 21 should be amended as follows since the “one or more flanges” of the stopper were previously introduced in line 6 of the claim:
--wherein the one or more flanges are configured to seat on the proximal stop position or the distal stop position of the housing when the outer plunger is moved axially such that the shaft never extends distally beyond an extended position corresponding to the distal stop position of the housing.—
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, in claims 8 and 18 the language related to “nanosecond pulses” and “tissue enclosed within the clamping mechanism” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
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 1-4, 9-13, 16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US Patent 3,120,837).
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Re Claim 1: Johnson discloses an apparatus, comprising:
a plunger (22) configured to move between an uncompressed position (shown in Fig. 14; note the position of stud potion 23 projecting fully out of the aperture 24) and a compressed position (upon pushing stud portion 23, such that spring 25 is compressed so as to activate the spider 15; not shown);
a torsion mechanism (15) coupled to the plunger (22) and configured to rotate in response to the movement of the plunger;
a stopping mechanism (16, 17) coupled to the torsion mechanism (15) and configured to move axially between a proximal position (see Fig. 14) and a distal position (see Fig. 12) in response to the rotation of the torsion mechanism (15); and
a shaft (1) coupled to the stopping mechanism (16, 17) and configured to extend to an extended position (the furthest projecting position of the cartridge 1 when writing ball 3 projects out of the end of casing part 8) in response to the stopping mechanism moving to the distal position and retract to a retracted position (see Fig. 14) in response to the stopping mechanism moving to the proximal position,
wherein the shaft at no time moves beyond the extended position when the plunger moves between the compressed and uncompressed positions and the stopping mechanism moves between the proximal and distal positions.
Re Claim 2: Johnson discloses an apparatus, wherein the torsion mechanism (15) is configured to rotate at least a portion of a turn about a longitudinal axis of the plunger (22) in response to each axial movement of the plunger towards the compressed position.
Re Claim 3: Johnson discloses an apparatus, wherein the torsion mechanism (15) is configured to lock rotationally after each axial movement of the plunger (22) towards the compressed position.
Re Claim 4: Johnson discloses an apparatus, wherein the apparatus is latched in the extended position (see Fig. 12).
Re Claim 9: Johnson discloses an apparatus, wherein the stopping mechanism (Examiner notes that the “stopping mechanism” can be considered the lug 17 in combination with the annular element 26) comprises:
a housing (26) comprising:
at least one proximal face (the end face of grooves 32) corresponding to the proximal position,
at least one distal face (the end face at teeth 29) corresponding to the distal position, and
channels (32) connecting the at least one proximal face and the at least one distal face; and
a stop cap (at 16) comprising flanges (the surfaces of lug 17) configured to be seated and move axially within the channels (32) of the housing.
Re Claim 10: Johnson discloses an apparatus, wherein the stop cap (at 16) is coupled to the shaft (1) and the torsion mechanism (15) and the stop cap (at 16) is configured to rotate at least a portion of a turn in response to rotational force applied from the torsion mechanism (15) to seat on the distal face or the proximal face.
Re Claim 11: Johnson discloses an apparatus, wherein the plunger (22) comprises a spring (25) configured to return the plunger to the uncompressed position (see Figs. 12 and 14; note the position of stud potion 23 projecting fully out of the aperture 24) after each axial movement.
Re Claim 12: Johnson discloses an apparatus, comprising:
a plunger (22); and
a shaft (1) operatively coupled to the plunger, wherein:
in response to a first axial movement of the plunger from an uncompressed position (shown in Fig. 14; note the position of stud potion 23 projecting fully out of the aperture 24) to a compressed position (upon pushing stud portion 23, such that spring 25 is compressed so as to activate the spider 15; not shown):
the shaft (1) extends to an extended position (the furthest projecting position of the cartridge 1 when writing ball 3 projects out of the end of casing part 8; see Fig. 3) and remains in the extended position after release of a force causing the first axial movement (see Fig. 3); and
the plunger (22) moves to the uncompressed position (see Figs. 12 and 14; note the position of stud potion 23 projecting fully out of the aperture 24) in response to the release of the force causing the first axial movement,
in response to a next axial movement of the plunger (22) from the uncompressed position to the compressed position:
the shaft (11) retracts to a retracted position (see Fig. 14) and remains in the retracted position after release of the force causing the next axial movement; and
the plunger (22) moves to the uncompressed position (shown in Fig. 14; note the position of stud potion 23 projecting fully out of the aperture 24) in response to the release of the force causing the next axial movement, and
the shaft does not extend beyond the extended position at any time when the plunger moves between the compressed and uncompressed positions.
Re Claim 13: Johnson discloses an apparatus, further comprising:
a torsion mechanism (15) coupled to the plunger (22); and
a stopping mechanism (16, 17) coupled to the torsion mechanism (15) and the shaft (1), wherein:
in response to the first axial movement:
the torsion mechanism (!5) rotates a number of degrees about an axis that extends a length of the plunger; and
the stopping mechanism (!6, 17) moves axially along the axis and rotationally the number of degrees to lock in a distal position (see Fig. 12) corresponding to the extended position of the shaft, and
in response to the next axial movement:
the torsion mechanism (!5) rotates the number of degrees about the axis; and
the stopping mechanism (16, 17) moves axially along the axis and rotationally the number of degrees to lock in a proximal position (see Fig. 14) corresponding to the retracted position.
Re Claim 16: Johnson discloses an apparatus, wherein the stopping mechanism (Examiner notes that the “stopping mechanism” can be considered the lug 17 in combination with the annular element 26) comprises:
a housing (26) comprising:
at least one proximal face (the end face at grooves 32)) corresponding to the proximal position (Fig. 14),
at least one distal face (the end face at teeth 29) corresponding to the distal position (Fig. 12), and
channels (32) connecting the at least one proximal face and the at least one distal face; and
a stop cap (at 16) comprising flanges (the surfaces of lug 17) seated within the channels (32) of the housing, the stop cap coupled to the shaft (1) and the torsion mechanism (15), wherein:
in response to the first axial movement of the plunger:
the stop cap (at 16) moves axially along the channels in the housing; and
the stop cap (at 16) rotates the number of degrees in response to rotational force applied from the torsion mechanism (15) to seat on the at least one distal face of the housing, and
in response to the next axial movement of the plunger:
the stop cap (at 16) moves axially along the channels (35) in the housing; and
the stop cap 9at 16) rotates the number of degrees in response to the rotational force applied from the torsion mechanism (15) to seat on the at least one proximal face of the housing.
Re Claim 19: Johnson discloses an apparatus, wherein the plunger (22) comprises a spring (25) configured to return the plunger to the uncompressed position (see Figs. 12 and 14; note the position of stud potion 23 projecting fully out of the aperture 24) after the release of the force causing each axial movement.
Re Claim 20: Johnson discloses an apparatus, wherein the extended position corresponds to one of a latched position (see Fig. 12) or an unlatched position and the retracted position corresponds to an opposite of the one of the latched position or the unlatched position (see Fig. 14).
Claims 1-4, 9-10, 21, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US Patent 2,750,926).
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Re Claim 1: Smith discloses an apparatus, comprising:
a plunger (30) configured to move between an uncompressed position (see Fig. 1) and a compressed position (see Fig. 2);
a torsion mechanism (spring 52) coupled (via pin 50) to the plunger (34) and configured to rotate in response to the movement of the plunger;
a stopping mechanism (pin 50 in combination with guide bracket 38) coupled to the torsion mechanism (52) and configured to move axially between a proximal position (see Fig. 1) and a distal position (see Fig. 2) in response to the rotation of the torsion mechanism (52); and
a shaft (18) coupled to (via plug portion 34) the stopping mechanism (50) and configured to extend to an extended position (see Fig. 2) in response to the stopping mechanism moving to the distal position and retract to a retracted position (see Fig. 1) in response to the stopping mechanism moving to the proximal position,
wherein the shaft at no time moves beyond the extended position when the plunger moves between the compressed and uncompressed positions and the stopping mechanism moves between the proximal and distal positions.
Re Claim 2: Smith discloses an apparatus, wherein the torsion mechanism (52) is configured to rotate (at least at end 56; see Fig. 3) at least a portion of a turn about a longitudinal axis of the plunger (2230 in response to each axial movement of the plunger towards the compressed position.
Re Claim 3: Smith discloses an apparatus, wherein the torsion mechanism (50) is configured to lock rotationally after each axial movement of the plunger (30) towards the compressed position.
Re Claim 4: Smith discloses an apparatus, wherein the apparatus is latched in the extended position (see Fig. 2).
Re Claim 9: Smith discloses an apparatus, wherein the stopping mechanism (38, 50) comprises:
a housing (38) comprising:
at least one proximal face (at 40; see Fig. 3) corresponding to the proximal position,
at least one distal face (at 58; Fig. 3) corresponding to the distal position, and
channels (the guide groove formed by guide bracket 38 along the path between 40 and 58; see Fig. 3) connecting the at least one proximal face and the at least one distal face; and
a stop cap (at 50) comprising flanges (the surfaces of the opposing ends of pin 50) configured to be seated and move axially within the channels of the housing.
Re Claim 10: Smith discloses an apparatus, wherein the stop cap (at 50) is coupled to (via plug portion 34) the shaft (18) and the torsion mechanism (52) and the stop cap (at 50) is configured to rotate at least a portion of a turn (at least at end 56; see Fig. 3) in response to rotational force applied from the torsion mechanism (52) to seat on the distal face (58) or the proximal face (40).
Re Claim 21: Smith discloses an apparatus, apparatus configured to provide a zero over-travel (see Col. 1, lines 19-26), comprising:
a housing (housing member 14 in combination with guide bracket 38) comprising a proximal stop position (40; see Fig. 3) and a distal stop position (58);
an outer plunger (30) and a rotator (34) inside the housing, wherein the outer plunger (30) and the rotator (34) are operatively coupled to each other;
a torsion spring (52) coupled (via pin 50) to the rotator (34);
a stopper (50) coupled to the torsion spring, the stopper comprising one or more flanges (the surfaces of the opposing ends of pin 50); and
a shaft (18) coupled (via plug portion 34) to the stopper (50),
wherein one or more flanges are configured to seat on the proximal stop position (40; see Fig. 3) or the distal stop position (58; Fig. 3) of the housing when the outer plunger is moved axially such that the shaft never extends distally beyond an extended position corresponding to the distal stop position of the housing.
Re Claim 23: Smith discloses an apparatus, wherein a retracted position (see Fig. 1) of the shaft corresponds to the proximal stop position (at 40; Fig. 3), wherein the extended position (see Fig. 2) corresponds to one of a latched position or an unlatched position of the apparatus and the retracted position (see Fig. 1) corresponds to an opposite of the one of the latched position or the unlatched position of the apparatus.
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 7-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US Patent 3,120,837), as applied to claims 1-4, 9-13, 16, and 19-20 above, and further in view of Morejohn (US Patent 11,229,479).
Re Claims 7-8: Johnson, as discussed for claim 1 above, discloses an apparatus significantly as claimed except for further comprising a clamping mechanism coupled to the shaft and configured to open to an unclamped position and close to a clamped position in response to the shaft movement between the extended and the retracted positions (as is required by claim 7); and wherein the clamping mechanism further comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 8).
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Morejohn teaches the use of an apparatus comprising a plunger (see annotated Fig. 1B above) configured to move between an unclamping position (see Fig. 1B) and a clamping position (see Fig. 1A); and a shaft (see annotated Fig. 1B above; also see base shaft element 834a; Fig. 8A) configured to extend to an extended position (see Fig. 1B)and retract to a retracted position (see Fig. 1B); and further comprising a clamping mechanism (110a/110b) coupled to the shaft and configured to open to an unclamped position (Fig. 1B) and close to a clamped position (Fig. 1A) in response to the shaft movement between the extended and the retracted positions; and wherein the clamping mechanism further comprises an electrode (115b; Fig. 1B) configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (see note related to this functional language above), for the purpose of being able to use the apparatus for surgical purposes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Johnson, with a reasonable expectation of success, such that it further comprises a clamping mechanism coupled to the shaft and configured to open to an unclamped position and close to a clamped position in response to the shaft movement between the extended and the retracted positions (as is required by claim 7); and wherein the clamping mechanism further comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 8), as taught by Morejohn, for the purpose of being able to use the apparatus for surgical purposes.
Re Claims 17-18: Johnson, as discussed for claim 1 above, discloses an apparatus significantly as claimed except for further comprising a clamping mechanism coupled to the shaft, wherein: in response to the first axial movement, the clamping mechanism is in one of a clamped position or an unclamped position in response to the shaft extending to the extended position; and in response to the next axial movement, the clamping mechanism is in an opposite of the one of the clamped position or the unclamped position in response to the shaft retracting to the retracted position (as is required by claim 17); and wherein the clamping mechanism comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 18).
Morejohn teaches the use of an apparatus comprising a plunger (see annotated Fig. 1B above) configured to move between an unclamping position (see Fig. 1B) and a clamping position (see Fig. 1A); and a shaft (see annotated Fig. 1B above; also see base shaft element 834a; Fig. 8A) configured to extend to an extended position (see Fig. 1B)and retract to a retracted position (see Fig. 1B); and further comprising a clamping mechanism (110a/110b) coupled to the shaft, wherein: in response to a first axial movement, the clamping mechanism is in one of a clamped position (Fig. 1A) or an unclamped position in response to the shaft extending to the extended position; and in response to a next axial movement, the clamping mechanism is in an opposite of the one of the clamped position or the unclamped position (Fig. 1B) in response to the shaft retracting to the retracted position; and wherein the clamping mechanism further comprises an electrode (115b; Fig. 1B) configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (see note related to this functional language above), for the purpose of being able to use the apparatus for surgical purposes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Johnson, with a reasonable expectation of success, such that it further comprises a clamping mechanism coupled to the shaft, wherein: in response to the first axial movement, the clamping mechanism is in one of a clamped position or an unclamped position in response to the shaft extending to the extended position; and in response to the next axial movement, the clamping mechanism is in an opposite of the one of the clamped position or the unclamped position in response to the shaft retracting to the retracted position (as is required by claim 17); and wherein the clamping mechanism comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 18), as taught by Morejohn, for the purpose of being able to use the apparatus for surgical purposes.
Claims 7-8 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US Patent 2,750,926), as applied to claims 1-4, 9-10, 21, and 23 above, and further in view of Morejohn (US Patent 11,229,479).
Re Claims 7-8: Smith, as discussed for claim 1 above, discloses an apparatus significantly as claimed except for further comprising a clamping mechanism coupled to the shaft and configured to open to an unclamped position and close to a clamped position in response to the shaft movement between the extended and the retracted positions (as is required by claim 7); and wherein the clamping mechanism further comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 8).
Morejohn teaches the use of an apparatus comprising a plunger (see annotated Fig. 1B above) configured to move between an unclamping position (see Fig. 1B) and a clamping position (see Fig. 1A); and a shaft (see annotated Fig. 1B above; also see base shaft element 834a; Fig. 8A) configured to extend to an extended position (see Fig. 1B)and retract to a retracted position (see Fig. 1B); and further comprising a clamping mechanism (110a/110b) coupled to the shaft and configured to open to an unclamped position (Fig. 1B) and close to a clamped position (Fig. 1A) in response to the shaft movement between the extended and the retracted positions; and wherein the clamping mechanism further comprises an electrode (115b; Fig. 1B) configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (see note related to this functional language above), for the purpose of being able to use the apparatus for surgical purposes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Smith, with a reasonable expectation of success, such that it further comprises a clamping mechanism coupled to the shaft and configured to open to an unclamped position and close to a clamped position in response to the shaft movement between the extended and the retracted positions (as is required by claim 7); and wherein the clamping mechanism further comprises an electrode configured to apply nanosecond pulses to tissue enclosed within the clamping mechanism in the clamped position (as is required by claim 8), as taught by Morejohn, for the purpose of being able to use the apparatus for surgical purposes.
Re Claim 24: Smith, as discussed for claim 21 above, discloses an apparatus significantly as claimed except wherein the apparatus comprises a treatment applicator having one or more electrodes, the treatment applicator is configured to be operably connected to a system for delivery of electrical energy, the system comprising a pulse generator.
Morejohn teaches the use of an apparatus comprising a plunger (see annotated Fig. 1B above) configured to move between an unclamping position (see Fig. 1B) and a clamping position (see Fig. 1A); and a shaft (see annotated Fig. 1B above; also see base shaft element 834a; Fig. 8A) configured to extend to an extended position (see Fig. 1B) and retract to a retracted position (see Fig. 1B); and further wherein the apparatus comprises a treatment applicator (110a/110b) having one or more electrodes (115b; Fig. 1B), the treatment applicator is configured to be operably connected to a system for delivery of electrical energy, the system comprising a pulse generator (for example, a “radiofrequency generator”; see Col. 4, lines 61-63), for the purpose of being able to use the apparatus for surgical purposes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Smith, with a reasonable expectation of success, such that the apparatus comprises a treatment applicator having one or more electrodes, the treatment applicator is configured to be operably connected to a system for delivery of electrical energy, the system comprising a pulse generator, as taught by Morejohn, for the purpose of being able to use the apparatus for surgical purposes.
Allowable Subject Matter
Claims 5, 14, and 22 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:
As discussed above, Johnson and Smith are considered to be the closes prior art of record to that of the instant invention. Neither Johnson, Smith, nor any other prior art device of record teach or disclose an apparatus as claimed that includes the additional features set forth in claims 5, 14, and 22. Nor do these additional features appear to be obvious based on the current record. Accordingly, claims 5, 14, and 22 are considered allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678
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