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 Species B and Subspecies B1 in the reply filed on November 20th, 2025 is acknowledged.
Claims 6 (shown in Figure 4 disclosed as Species A), 7 (disclosed as Species A relative to cover 222), 8 (disclosed as Species A relative to cover 222), 9-10 (not shown in the figures and directed to an embodiment not shown since the figures and specification do not disclose the proximal housing having a stopper that prohibits rotation of the engagement housing; Figures 10-11 show the engagement housing having an upper portion 324 that rotates relative to a lower portion 326 that includes a stopper 327), and 15 (the embodiments shown include a ring jet assembly; claim 15 is directed to an optional embodiment not shown in the figures and not elected by the applicant) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species and/or Subspecies, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 20th, 2025.
Drawings
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 one or more castellations extending distally from the engagement housing configured to engage one or more detents in the proximal housing (claims 16 and 33) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings show elements 228 extending from the engagement housing and into the sound dampening element 116 (see Figure 3), but elements 228 are not shown engaging detents in the proximal housing as claimed.
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 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 1, 2, 4, 5, 11, 14, 16, 17, 33, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent 10,905,463) in view of Triana (U.S. Publication 2021/0137611).
Regarding claim 1, 2, 4, 5, 11, 14, and 16:
Silver discloses a device (for example see Figures 5-8) comprising:
(claim 1) a proximal housing portion (50) including
(claim 1) a central lumen providing instrument access to a surgical cavity (the upper portion of cavity 62 that is defined by the smaller ring of material at the proximal portion of element 50 as best shown in Figure 6)
(claim 1) an interior plenum (the lower portion of cavity 62 below the smaller ring of material at the proximal portion of element 50)
(claim 1) an engagement housing (76) operatively associated with a proximal end of the proximal housing portion
(claim 1) wherein the engagement housing includes an attachment feature (78a and 78b) configured to engage a proximal end of an obturator passing through the central lumen
(claim 16) wherein the engagement housing further includes one or more castellations extending distally therefrom configured to engage one or more detents in the proximal housing portion around the central lumen configured to retain the engagement housing to the proximal housing portion (Figure 8 shows elements extending down from element 76 into element 66 that are fully capable of engaging detents into a proximal housing)
(claim 1) a seal (64, 66, 70, etc.) housed within the interior plenum (for example see Figure 8)
(claim 1) wherein the engagement housing is proximal relative to the interior plenum and to the seal
(claim 14) wherein the seal includes a ring jet assembly (column 9 line 55 to column 10 line 17) adapted and configured to accelerate pressurized gas delivered into the proximal housing portion to form a gaseous seal within a region of the tubular body portion so as to maintain a stable pressure in the surgical cavity
(claim 1) an elongated tubular body (52) extending from the proximal housing portion in a distal direction
(claim 1) wherein the elongated tubular body is in communication with the central lumen
Silver fails to discloses the device wherein the engagement housing includes a circumferential engagement area (claims 1, 2, 4, and 5). Triana teaches a device (for example see Figures 2-12B and Figure 21) comprising an engagement housing (1100), wherein the engagement housing includes a circumferential engagement area (claim 1) including an engagement surface defining a shape that is configured to receive a c-shaped grasping member of a surgical robot (claims 2, 4, and 5) in order to attach the engagement housing to a grasping member of a surgical robot. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Silver wherein the engagement housing includes a circumferential engagement area in view of Triana in order to attach the engagement housing to a grasping member of a surgical robot.
Regarding claim 17:
Silver discloses a device (for example see Figures 5-8) comprising:
(claim 17) a proximal housing (50) including
(claim 17) a central lumen (the portion of the channel in the tapered neck below chamber 62 that extends into element 54) capable of providing gas sealed access to a surgical cavity
(claim 17) an inlet path (56) for communicating with a source of pressurized gas
(claim 17) a tapered neck portion (best shown in Figure 8)
(claim 17) an interior cavity (62)
(claim 17) wherein the interior cavity accommodates a seal (64, 66, 70, etc.)
(claim 17) wherein the seal includes an annular jet assembly (column 9 line 55 to column 10 line 17) for receiving pressurized gas from the inlet path to generate a gaseous seal within the tapered neck portion to maintain a stable pressure within the surgical cavity
(claim 17) an engagement housing (76)
(claim 17) wherein the engagement housing is operatively associated with a proximal end of the proximal housing
(claim 17) an elongate tubular body (52) extending distally from the tapered neck portion of the proximal housing in communication with the central lumen
Silver fails to discloses the device wherein the engagement housing includes a circumferential engagement area (claim 17). Triana teaches a device (for example see Figures 2-12B and Figure 21) comprising an engagement housing (1100), wherein the engagement housing includes a circumferential engagement area (claim 17) formed therein to releasably accept a grasping member of a surgical robot (claim 17) in order to attach the engagement housing to a grasping member of a surgical robot. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Silver wherein the engagement housing includes a circumferential engagement area in view of Triana in order to attach the engagement housing to a grasping member of a surgical robot.
Regarding claims 33 and 34:
Silver discloses a device (for example see Figures 5-8) comprising:
(claim 33) a cover (76)
(claim 33) wherein the cover is configured to seat within a proximal housing of an access port (Figure 8 shows portions of element 76 extending into the proximal housing 50 of an access port)
(claim 34) wherein the engagement housing further includes one or more castellations extending distally therefrom configured to engage one or more detents in the proximal housing portion to retain the engagement housing to the proximal housing portion (Figure 8 shows elements extending down from element 76 into element 66 that are fully capable of engaging detents into a proximal housing)
Silver fails to disclose the cover including a circumferential engagement area disposed at least partially circumferentially around an outer periphery of the cover. Triana teaches a device (for example see Figures 2-12B and Figure 21) comprising a cover (1100), wherein the cover includes a circumferential engagement area (claim 33) including an engagement area disposed at least partially circumferentially around an outer periphery of the cover configured to releasably accept a grasping member of a surgical robot (claim 33) in order to attach the cover to a grasping member of a surgical robot. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Silver wherein the cover includes an engagement area in view of Triana in order to attach the cover to a grasping member of a surgical robot.
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent 10,905,463) in view of Triana (U.S. Publication 2021/0137611) further in view of Thompson (U.S. Publication 2017/0086930).
The device of Silver in view of Triana discloses the invention as claimed except for the engagement area of the engagement housing including a protrusion such that the engagement area only extends partially circumferentially around the engagement housing. Thompson discloses a device (for example see Figures 17-19) comprising a circumferentially extending engagement area (810) including a protrusion (the portion of 802 between detents 810 as best shown in Figures 17 and 23) such that the engagement area forms a generally c-shaped profile when viewed in cross-section (best shown in Figure 23; generally c-shaped only requires some resemblance of a c-shaped profile). It would have been an obvious matter of design choice to one skilled in the art at the time the invention was to provide the device of Silver as modified by Triana wherein the engagement area of the engagement housing includes a protrusion such that the engagement area only extends partially circumferentially around the engagement housing to form a generally c-shaped profile in cross-section in view of Thompson, since the applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an engagement area in an engagement housing. In re Dailey and Eilers, 149 USPQ 47 (1966).
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (U.S. Patent 10,905,463) in view of Triana (U.S. Publication 2021/0137611) further in view of Thompson (U.S. Publication 2020/0305928).
The device of Silver as modified by Triana discloses the invention as claimed except for the proximal housing including a sound dampener disposed in the central lumen, wherein the sound dampener is made from foam. Thompson teaches a device (for example see Figures 3-22) comprising an engagement portion (130), a proximal housing portion (122), and a seal (126) within the proximal housing portion, wherein the proximal housing further includes a foam sound dampening element (128; paragraph 98) disposed within a central lumen of the proximal housing portion in order to reduce sound levels generated by the pressurized gas streaming through the seal. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Silver as modified by Triana further comprising a sound dampening element in the central lumen of the proximal housing portion in view of Thompson in order to reduce sound levels generated by the pressurized gas streaming through the seal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775