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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/15 has been entered.
Response to Amendment
Amendments to claims 1, 8, 15 of 6/11/2026 acknowledged and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8, 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 8, 15, 21-26 is/are rejected under 35 U.S.C. 103 as being obvious over Garvey (US 20210085361 A1) in view of Leak (US 20240389985 A1).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 1, Garvey teaches A cannula for use as part of a surgical device, comprising:
a sidewall extending in an axial direction from a proximal end to a distal end of the cannula, the sidewall having axially extending edges, the edges unattached at a top end of the sidewall (fig. 1a, element 121, [0049] a pair of axially-extending edges 121, which define an opening into the bore 116);
a base member at the proximal end of the cannula, the base member connected to the sidewall (fig. 1a, element 113, [0049], The tubular body portion 126 extends axially from the base member 113 to the support surface 110);
a bore extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall (fig. 1a, element 116, [0049], The sidewall 119 extends axially and radially and defines the bore 116 therethrough and includes a pair of axially-extending edges 121, which define an opening into the bore 116); and
an opening extending axially through the base member and into the bore between the axially-extending edges of the sidewall, wherein the base member is configured to slidably receive at least one surgical implement through the opening and into the bore ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840),
Garvey does not explicitly teach at least one sensor;
an assembly within the cannula, the assembly containing the at least one sensor;
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall;
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor;
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement.
However, Leak teaches at least one sensor (fig. 6, element 600, [0046], sensor 600);
an assembly within the cannula, the assembly containing the at least one sensor (fig. 5a, element 500, [0046], The catheter assembly 500 );
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall (fig. 6, element 600, sensor 600 forms the upper surface of the catheter assembly 500);
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor (fig. 6, element 600, sensor 600 is sub-flush);
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to be used with a catheter as taught in Leak in order to determine target locations within a field of view (Leak [0048]).
Regarding claim 8, Garvey teaches A tissue visualization system for use as part of a surgical device, comprising:
a cannula having a proximal end and a distal end (fig. 1a, element 105);
a sidewall extending in an axial direction from a proximal end to a distal end of the cannula, the sidewall having axially extending edges, the edges unattached at a top end of the sidewall (fig. 1a, element 121, [0049] a pair of axially-extending edges 121, which define an opening into the bore 116);
a base member at the proximal end of the cannula, the base member connected to the sidewall (fig. 1a, element 113, [0049], The tubular body portion 126 extends axially from the base member 113 to the support surface 110);
a bore extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall (fig. 1a, element 116, [0049], The sidewall 119 extends axially and radially and defines the bore 116 therethrough and includes a pair of axially-extending edges 121, which define an opening into the bore 116); and
an opening extending axially through the base member and into the bore between the axially-extending edges of the sidewall, wherein the base member is configured to slidably receive at least one surgical implement through the opening and into the bore ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840),
Garvey does not explicitly teach at least one sensor;
an assembly within the cannula, the assembly containing the at least one sensor;
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall;
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor;
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement.
However, Leak teaches at least one sensor (fig. 6, element 600, [0046], sensor 600);
an assembly within the cannula, the assembly containing the at least one sensor (fig. 5a, element 500, [0046], The catheter assembly 500 );
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall (fig. 6, element 600, sensor 600 forms the upper surface of the catheter assembly 500);
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor (fig. 6, element 600, sensor 600 is sub-flush);
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to be used with a catheter as taught in Leak in order to determine target locations within a field of view (Leak [0048]).
Regarding claim 15, Garvey teaches A surgical device comprising:
a cannula having a proximal end and a distal end (fig. 1a, element 105);
a sidewall extending in an axial direction from a proximal end to a distal end of the cannula, the sidewall having axially extending edges, the edges unattached at a top end of the sidewall (fig. 1a, element 121, [0049] a pair of axially-extending edges 121, which define an opening into the bore 116);
a base member at the proximal end of the cannula, the base member connected to the sidewall (fig. 1a, element 113, [0049], The tubular body portion 126 extends axially from the base member 113 to the support surface 110);
a bore extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall (fig. 1a, element 116, [0049], The sidewall 119 extends axially and radially and defines the bore 116 therethrough and includes a pair of axially-extending edges 121, which define an opening into the bore 116); and
an opening extending axially through the base member and into the bore between the axially-extending edges of the sidewall, wherein the base member is configured to slidably receive at least one surgical implement through the opening and into the bore ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840),
Garvey does not explicitly teach at least one sensor;
an assembly within the cannula, the assembly containing the at least one sensor;
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall;
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor;
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement.
However, Leak teaches at least one sensor (fig. 6, element 600, [0046], sensor 600);
an assembly within the cannula, the assembly containing the at least one sensor (fig. 5a, element 500, [0046], The catheter assembly 500 );
a housing member sealing the assembly and having an upper surface extending axially along a length of the cannula, the at least one sensor disposed within the upper surface of the housing member and between the axially-extending edges of the sidewall (fig. 6, element 600, sensor 600 forms the upper surface of the catheter assembly 500);
wherein the at least one sensor is flush with or sub-flush with the upper surface of the housing member a processor and a memory communicatively coupled to the at least one sensor (fig. 6, element 600, sensor 600 is sub-flush);
wherein the at least one sensor detects an image data of a target tissue and an adjacent tissue, the target tissue to be manipulated by the at least one surgical implement ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to be used with a catheter as taught in Leak in order to determine target locations within a field of view (Leak [0048]).
Regarding claim 21, Garvey in view of Leak teaches The cannula of claim 1, further comprising:
Further, Leak teaches a channel having an internal surface, the assembly having an exterior surface, the exterior surface of the assembly disposed within the internal surface of the channel, and a shape of the internal surface of the channel corresponding to a shape of the exterior surface of the assembly ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Regarding claim 22, Garvey in view of Leak teaches The cannula of claim 21,
Further, Leak teaches wherein the shape of the internal surface of the channel corresponding to the shape of the exterior surface of the assembly is rectangular or cylindrical, and the assembly is disposed along the length of the cannula between the axially- extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Regarding claim 23, Garvey in view of Leak teaches The tissue visualization system of claim 8,
Further, Leak teaches a channel having an internal surface, the assembly having an exterior surface, the exterior surface of the assembly disposed within the internal surface of the channel, and a shape of the internal surface of the channel corresponding to a shape of the exterior surface of the assembly ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Regarding claim 24, Garvey in view of Leak teaches The tissue visualization system of claim 23,
Further, Leak teaches wherein the shape of the internal surface of the channel corresponding to the shape of the exterior surface of the assembly is rectangular or cylindrical, and the assembly is disposed along the length of the cannula between the axially- extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Regarding claim 25, Garvey in view of Leak teaches The surgical device of claim 15,
Further, Leak teaches a channel having an internal surface, the assembly having an exterior surface, the exterior surface of the assembly disposed within the internal surface of the channel, and a shape of the internal surface of the channel corresponding to a shape of the exterior surface of the assembly ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Regarding claim 26, Garvey in view of Leak teaches The surgical device of claim 25,
Further, Leak teaches wherein the shape of the internal surface of the channel corresponding to the shape of the exterior surface of the assembly is rectangular or cylindrical, and the assembly is disposed along the length of the cannula between the axially- extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504).
Claim(s) 2-5, 9-12, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvey in view of Leak as applied to claims 1, 8, 15 above, and further in view of Gilreath (US 20180310802 A1).
Regarding claim 2, Garvey in view of Leak teaches The cannula of claim 1,
Further, Leak teaches wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging),
Garvey in view of Leak does not explicitly teach the image sensor comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches the device wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([fig. 1c, element 133, [0458], side-pointing camera 133), and
the image sensor (fig. 1I, element 168, 185) comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176) within the housing member, each of the embedded LEDs flush with the upper surface ([0476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 3, Garvey in view of Leak teaches The cannula of claim 1,
Further, Leak teaches wherein the at least one sensor comprises a plurality of image sensors configured to transmit a respective image data to a display for visualization of the respective image data of each of the plurality of image sensors (The sensor 600 can include an array that can convert electrical signals into ultrasound signals and convert reflected ultrasound signals into electrical signals. The converted electrical signals can be sent to an imaging engine coupled with the medical device 100 that can be used to image a target and create a field of view for display on a display unit.),
Garvey in view of Leak does not explicitly teach each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176,183) within the housing member, each of the embedded LEDs flush with the upper surface ([0467,476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 4, Garvey in view of Leak and Gilreath teaches The cannula of claim 3,
Further, Leak teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe, the imaging probe configured to slide along the length of the cannula between the axially-extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The medical device 100 can include a catheter assembly 500 where the guidewire mounted visualizer 102 can be disposed within a biopsy needle 502 of the catheter assembly 500 in the first position. The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504.).
Regarding claim 5, Garvey in view of Leak and Gilreath teaches The cannula of claim 4,
Further, Garvey teaches wherein the base member is configured to slidably receive the imaging probe through the opening and between the axially-extending edges of the sidewall ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840).
Regarding claim 9, Garvey in view of Leak teaches The tissue visualization system of claim 8
Further, Leak teaches wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging),
Garvey in view of Leak does not explicitly teach the image sensor comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches the device wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([fig. 1c, element 133, [0458], side-pointing camera 133), and
the image sensor (fig. 1I, element 168, 185) comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176) within the housing member, each of the embedded LEDs flush with the upper surface ([0476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 10, Garvey in view of Leak teaches The tissue visualization system of claim 8
Further, Leak teaches wherein the at least one sensor comprises a plurality of image sensors configured to transmit a respective image data to a display for visualization of the respective image data of each of the plurality of image sensors (The sensor 600 can include an array that can convert electrical signals into ultrasound signals and convert reflected ultrasound signals into electrical signals. The converted electrical signals can be sent to an imaging engine coupled with the medical device 100 that can be used to image a target and create a field of view for display on a display unit.),
Garvey in view of Leak does not explicitly teach each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176,183) within the housing member, each of the embedded LEDs flush with the upper surface ([0467,476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 11, Garvey in view of Leak and Gilreath teaches The tissue visualization system of claim 10
Further, Leak teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe, the imaging probe configured to slide along the length of the cannula between the axially-extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The medical device 100 can include a catheter assembly 500 where the guidewire mounted visualizer 102 can be disposed within a biopsy needle 502 of the catheter assembly 500 in the first position. The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504.).
Regarding claim 12, Garvey in view of Leak teaches The tissue visualization system of claim 11,
Further, Garvey teaches wherein the base member is configured to slidably receive the imaging probe through the opening and between the axially-extending edges of the sidewall ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840).
Regarding claim 16, Garvey in view of Leak teaches The surgical device of claim 15,
Further, Leak teaches wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([0047], sensor 600 is an ultrasound transducer for ultrasonic imaging),
Garvey in view of Leak does not explicitly teach the image sensor comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches the device wherein the at least one sensor is an image sensor configured to transmit the image data to a display ([fig. 1c, element 133, [0458], side-pointing camera 133), and
the image sensor (fig. 1I, element 168, 185) comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176) within the housing member, each of the embedded LEDs flush with the upper surface ([0476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 17, Garvey in view of Leak teaches The surgical device of claim 15,
Further, Leak teaches wherein the at least one sensor comprises a plurality of image sensors configured to transmit a respective image data to a display for visualization of the respective image data of each of the plurality of image sensors (The sensor 600 can include an array that can convert electrical signals into ultrasound signals and convert reflected ultrasound signals into electrical signals. The converted electrical signals can be sent to an imaging engine coupled with the medical device 100 that can be used to image a target and create a field of view for display on a display unit.),
Garvey in view of Leak does not explicitly teach each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs within the housing member, each of the embedded LEDs flush with the upper surface.
However, Gilreath teaches each of the plurality of image sensors comprises an adjacent region in the upper surface for mounting one or more embedded LEDs (fig. 1I, element 176,183) within the housing member, each of the embedded LEDs flush with the upper surface ([0467,476]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Garvey to have upward facing LEDs as taught in Gilreath in order to illuminate a field of view of a side-pointing image sensor (Gilreath [0470]).
Regarding claim 18, Garvey in view of Leak and Gilreath teaches The surgical device of claim 17,
Further, Leak teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe, the imaging probe configured to slide along the length of the cannula between the axially-extending edges of the sidewall in the axial direction between the proximal end and the distal end of the cannula ([0043], The medical device 100 can include a catheter assembly 500 where the guidewire mounted visualizer 102 can be disposed within a biopsy needle 502 of the catheter assembly 500 in the first position. The biopsy needle 502 can be extendable and retractable within an elongate member lumen 504.).
Regarding claim 19, Garvey in view of Leak and Gilreath teaches The surgical device of claim 18,
Further, Garvey teaches wherein the base member is configured to slidably receive the imaging probe through the opening and between the axially-extending edges of the sidewall ([0051], the base member 113 may define a generic opening into the bore 116 within the tubular body 126 portion for slidably receiving the first surgical implement 840).
Claim(s) 6, 7, 13, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garvey in view of Leak and Gilreath as applied to claims 5, 12, 19 above, and further in view of Choung (US 20190150900 A1).
Regarding claim 6, Garvey in view of Leak and Gilreath teaches The cannula of claim 5,
Further, Garvey teaches the cannula further comprising at least one fixed position engagement point comprising a recess ([0052], the configurable guide insert 120 may be inserted into and rigidly attached to the cannula 105 at an engagement point adjacent to the generic opening of the base member 113), the at least one protrusion configured to matingly couple with the at least one fixed position engagement point, wherein the at least one protrusion that is configured to matingly couple with the at least one fixed position engagement point provides a selectable incremental positioning of the imaging probe within the cannula ([0058], the obturator 118 may feature markings 280 that assist the physician in orienting the obturator 118, numerical markings along the face of the obturator denote a distance of insertion).
Garvey in view of Leak and Gilreath do not explicitly teach the imaging probe further comprising at least one protrusion,
However, Choung teaches the imaging probe further comprising at least protrusion (fig. 15a, element 1054, [0069], resilient stop extends upwardly from the body 1052) and the cannula further comprising at least one fixed position engagement point comprising a recess (fig. 15a, element 1136, [0075], resilient stop rests against flat leg 1134 at rest),
the at least one protrusion configured to matingly couple with the at least one fixed position engagement point ([0075]),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Mirza to include teeth as taught in Choung in order to permit advancement but resist proximal movement (Choung [0075]).
Regarding claim 7, Garvey in view of Leak, Gilreath, and Choung teaches The cannula of claim 6,
Further, Garvey teaches the cannula wherein the base member includes a configurable guide insert (fig. 1, element 120, [0052,54-55]) detachably coupled to the base member,
the configurable guide insert including a first opening (fig. 2a, element 240, [0056], hole 240 configured to receive cutting instrument, corresponds to applicant’s first opening 240) extending axially through the base member into an action area outside the opening into the bore and radially between edges of the sidewall, and
the configurable guide insert further including a second opening (fig. 2a, element 250, [0056], hole 250 configured to receive image probe, which goes through the bore) adjacent to the first opening, the second opening extending axially through the base member into the bore, the base member configured to slidably receive the housing member through the second opening and into the bore,
wherein the configurable guide insert is detachably coupled to be positionable in a configurable orientation comprising a right orientation for positioning of the at least one surgical implement for a surgical procedure in a right side of a patient, or a left orientation for positioning of the at least one surgical implement for the surgical procedure in a left side of the patient ([0056]), and
wherein the configurable guide insert is configured for rotation of 180 degrees about an axis defined in relation to the cannula when positioning the configurable guide insert on the base member in the right orientation or in the left orientation ([0062]).
Regarding claim 13, Garvey in view of Leak teaches The tissue visualization system of claim 12,
Further, Garvey teaches the cannula further comprising at least one fixed position engagement point comprising a recess ([0052], the configurable guide insert 120 may be inserted into and rigidly attached to the cannula 105 at an engagement point adjacent to the generic opening of the base member 113), the at least one protrusion configured to matingly couple with the at least one fixed position engagement point, wherein the at least one protrusion that is configured to matingly couple with the at least one fixed position engagement point provides a selectable incremental positioning of the imaging probe within the cannula ([0058], the obturator 118 may feature markings 280 that assist the physician in orienting the obturator 118, numerical markings along the face of the obturator denote a distance of insertion).
Garvey in view of Leak and Gilreath do not explicitly teach the imaging probe further comprising at least one protrusion,
However, Choung teaches the imaging probe further comprising at least protrusion (fig. 15a, element 1054, [0069], resilient stop extends upwardly from the body 1052) and the cannula further comprising at least one fixed position engagement point comprising a recess (fig. 15a, element 1136, [0075], resilient stop rests against flat leg 1134 at rest),
the at least one protrusion configured to matingly couple with the at least one fixed position engagement point ([0075]),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Mirza to include teeth as taught in Choung in order to permit advancement but resist proximal movement (Choung [0075]).
one fixed position engagement point provides a selectable incremental positioning of the imaging probe within the cannula.
Regarding claim 14, Garvey in view of Leak, Gilreath, and Choung teaches The tissue visualization system of claim 13,
Further, Garvey teaches the cannula wherein the base member includes a configurable guide insert (fig. 1, element 120, [0052,54-55]) detachably coupled to the base member,
the configurable guide insert including a first opening (fig. 2a, element 240, [0056], hole 240 configured to receive cutting instrument, corresponds to applicant’s first opening 240) extending axially through the base member into an action area outside the opening into the bore and radially between edges of the sidewall, and
the configurable guide insert further including a second opening (fig. 2a, element 250, [0056], hole 250 configured to receive image probe, which goes through the bore) adjacent to the first opening, the second opening extending axially through the base member into the bore, the base member configured to slidably receive the housing member through the second opening and into the bore,
wherein the configurable guide insert is detachably coupled to be positionable in a configurable orientation comprising a right orientation for positioning of the at least one surgical implement for a surgical procedure in a right side of a patient, or a left orientation for positioning of the at least one surgical implement for the surgical procedure in a left side of the patient ([0056]), and
wherein the configurable guide insert is configured for rotation of 180 degrees about an axis defined in relation to the cannula when positioning the configurable guide insert on the base member in the right orientation or in the left orientation ([0062]).
Regarding claim 20, Garvey in view of Leak and Gilreath teaches The surgical device of claim 19,
Further, Garvey teaches the cannula further comprising at least one fixed position engagement point comprising a recess ([0052], the configurable guide insert 120 may be inserted into and rigidly attached to the cannula 105 at an engagement point adjacent to the generic opening of the base member 113), the at least one protrusion configured to matingly couple with the at least one fixed position engagement point, wherein the at least one protrusion that is configured to matingly couple with the at least one fixed position engagement point provides a selectable incremental positioning of the imaging probe within the cannula ([0058], the obturator 118 may feature markings 280 that assist the physician in orienting the obturator 118, numerical markings along the face of the obturator denote a distance of insertion).
Garvey in view of Leak and Gilreath do not explicitly teach the imaging probe further comprising at least one protrusion,
However, Choung teaches the imaging probe further comprising at least protrusion (fig. 15a, element 1054, [0069], resilient stop extends upwardly from the body 1052) and the cannula further comprising at least one fixed position engagement point comprising a recess (fig. 15a, element 1136, [0075], resilient stop rests against flat leg 1134 at rest),
the at least one protrusion configured to matingly couple with the at least one fixed position engagement point ([0075]),
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cannula of Mirza to include teeth as taught in Choung in order to permit advancement but resist proximal movement (Choung [0075]).
Conclusion
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/TIMOTHY TUAN LUU/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
