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 .
DETAILED ACTION
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, 2, 6, 7, 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galperin US20150164307 and further in view of Chu US20170296271.
Galperin discloses for claim 1, “A medical system, comprising:
a shell (handle 36; fig 2, 7; 0026);
a plunger (raised finger portion of control lever 38; fig 7; 0026) positioned at a first end of the shell;
a slot body (portion of handle 36 that encompasses the slot for the control lever 38) movable relative to the plunger;
a carrier (portion of the control lever securing the tool 24; fig 2; 0026) coupled to the shell and slidable (0026 user moves the control lever to move the tool) between the first end of the shell and a second end of the shell; and
a tool “coupled to and movable with the carrier (tool 24 is configured to move with the control lever 38 as described at 0026); wherein moving the slot body relative to the plunger moves the carrier (0026) and” the tool “from a first position proximate the first end of the shell to a second position”.
Galperin does not disclose wherein the tool is a laser fiber, but does provide for “any suitable working tool” 0026. As such, Chu teaches in the same field of endeavor, like medical devices such as, e.g., scissors, snares, forceps, baskets, laser fibers, and/or needles (0004). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Chu into the invention of Galperin in order to configure the medical system e.g. as claimed because provides for the use and functionality of a laser fiber (Chu: 0004).
Galperin discloses for claim 2, The medical system of claim 1, wherein the slot body is incrementally moveable relative to the plunger to incrementally extend or retract the laser fiber relative to the shell (0026)”.
Modified Galperin discloses for claim 6, “The medical system of claim 1, wherein the carrier includes a channel sized and shaped to receive a portion of the laser fiber (Chu: 0004)”.
Modified Galperin discloses for claim 7, “The medical system of The adaptor medical system of claim 1, wherein the channel is lined with a material configured to grip the portion of the laser fiber (Chu: 0004 identifies using a laser fiber wherein the medical device tool is therefore required to be configuring for use with a laser fiber)”.
Galperin discloses for claim 11, “The medical system of claim 1, further comprising a sheath (sheath 34; fig 2; 0026) coupled to the slot body and a shaft (shaft section described at 0026) coupled to the plunger (control lever is configured to move the tool 0026)”.
Galperin discloses for claim 12, “The medical system of claim 11, wherein the sheath is movable relative to the shaft by moving the slot body relative to the plunger (the sheath is configured to be movable in order to activate the tool 0026)”.
Galperin discloses for claim 13, “The medical system of claim 1, wherein the medical system comprises an adaptor (position holder 40; fig 2) coupled to a handle of a medical device, wherein the adapter includes the shell, the slot body, and the carrier, and wherein the handle includes the plunger (fig 2)”.
Galperin discloses for claim 14, “The medical system of claim 13, wherein the adaptor is detachable from the handle of the medical device by rotating the handle of the medical device relative to the adaptor (rotation of the position holder 40 facilitates the opening of the first end 42 by spreading open the flanges; fig 5)”.
Galperin discloses for claim 15, “The medical system of wherein the medical device is an insertion device configured for insertion into a urinary tract or a gastrointestinal lumen of a subject (urology procedure described at 0032)”.
Modified Galperin discloses for claim 16 (as provided in claim 1), “A medical system, comprising:
a shell (handle 36; fig 2, 7; 0026);
a plunger (raised finger portion of control lever 38; fig 7; 0026);
a slot body (portion of handle 36 that encompasses the slot for the control lever 38) movable relative to the plunger;
a carrier (portion of the control lever securing the tool 24; fig 2; 0026) coupled to the shell;
a ramp (portion of the housing of tool 24 extending at an angle from a first end 42 of position holder 40; fig 2; 0027) extending from an end of the shell; and a laser fiber coupled to and movable with the carrier (Chu: 0004 describes a laser fiber);
wherein moving the slot body relative to the plunger moves the carrier along the ramp toward the end of the shell (0026).
Modified Galperin discloses for claim 17, “The medical system of claim 16, wherein the slot body includes a plurality of slots, and wherein the slot body is movable relative to the plunger between adjacent slots of the plurality of slots to incrementally extend or retract the laser fiber relative to the shell (Budiman: fig 1)”.
Galperin discloses for claim 18, “The medical system of claim 16, wherein the end of the shell is a second end of the shell, and wherein the plunger is positioned at a first end of the shell (fig 2)”.
Galperin discloses for claim 19, “The medical system of further comprising a sheath (the sheath is configured to be movable in order to activate the tool 0026) coupled to the slot body and a shaft coupled to the plunger, wherein moving the slot body relative to the plunger retracts the sheath relative to the shaft (0026)”.
Modified Galperin discloses for claim 20 (as provided in claim 1), “A medical system, comprising:
a shell (handle 36; fig 2, 7; 0026);
a plunger (raised finger portion of control lever 38; fig 7; 0026);
a slot body (portion of handle 36 that encompasses the slot for the control lever 38) movable relative to the plunger;
a carrier (portion of the control lever securing the tool 24; fig 2; 0026) coupled to the shell;
a ramp (portion of the housing of tool 24 extending at an angle from a first end 42 of position holder 40; fig 2; 0027) extending from a second end of the shell toward a first end of the shell; and
a laser fiber coupled to and movable with the carrier (Chu: 0004 describes a laser fiber);
wherein moving the slot body relative to the plunger incrementally extends the laser fiber in a direction away from the first end of the shell (0026)”.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galperin and Chu as applied to claim 1 above, and further in view of Budiman US20150164522.
Galperin does not disclose for claim 3, “The medical system of claim 1, wherein the slot body includes a track with a plurality of slots, and wherein the plunger includes a pin located within the track”. Budiman teaches in the same field of endeavor, providing multiple lateral slots for secure and locked positioning (fig 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Budiman into the invention of Galperin in order to configure the medical system e.g. as claimed because it provides the added benefit of secured locked positioning for a slider (fig 2).
Modified Galperin discloses for claim 4, “The medical system of claim 3, wherein a longitudinal axis of each slot of the plurality of slots is perpendicular to a longitudinal axis of the track (Budiman: fig 2)”.
Galperin discloses for claim 5, “The medical system of claim 3, wherein moving the slot body relative to the plunger moves the track relative to the pin (0026)”.
Claim(s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galperin and Chu as applied to claim 6 above, and further in view of Makower US20050240147.
Galperin does not disclose for claim 8, “The medical system of claim 6, wherein the channel is lined with silicone”. Makower teaches in the same field of endeavor, lining a tube with lubricious material such as silicone to facilitate movement (0190). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Makower into the invention of Galperin in order to configure the medical system e.g. as claimed because it helps to facilitate movement (0190).
Modified Galperin disclose for claim 9, “The medical system of claim 6 wherein the channel is lined with a material that includes a slit extending along a length of the channel, and wherein the portion of the laser fiber is received within the slit (Galperin: tool 24 is configured to move with the control lever 38 as described at 0026 via the slit on the portion of handle 36 that encompasses the slot for the control lever 38)”.
Allowable Subject Matter
Claim 10 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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/Jae Woo/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
7/8/26
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