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 .
Response to Amendment
Amendments to claims 1-3, 8-10, 15-17, 22, 24, 26 of 8/18/2025 acknowledged and entered.
Response to Arguments
Applicant’s arguments, see p. 13, para. 1, filed 8/18/2025, with respect to claims 22, 24, 26 have been fully considered and are persuasive. The objection of 5/19/2025 has been withdrawn.
Applicant’s arguments, see p. 13, para. 2-3, filed 8/18/2025, with respect to claims 4-7, 11-14, 18-20 have been fully considered and are persuasive. The USC 112 rejection of 5/19/2025 has been withdrawn.
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.
Claim(s) 1-5, 8-12, 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hotto (US 20130289348 A1). in view of Gilreath (US 20180310802 A1).
Regarding claim 1, Mirza teaches A cannula, for use as part of a surgical device, comprising:
At least one sensor (fig. 24a-f, element 101, [0109], endoscope 101, endoscopes by definition contain an imaging sensor);
An assembly (fig. 24a-f, element 101, [0109], endoscope 101) within the cannula, the assembly containing the at least one sensor;
A sidewall (fig. 17, element 125, [0090], cannula 10 comprises a channel 125, channel has sidewalls) 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. 17, element 121, [0090], slot 121 separates sidewalls of the cannula);
a base member (fig. 2, element 12, [0056], proximal end 12) at a proximal end of the cannula;
a bore (fig. 17, element 125, [0090], channel 125) extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall; and
an opening (fig. 2, channel of cannula 10 connected to an opening in the proximal end) 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 (fig. 17, element 70, [0089], blade 70 engages with slot 121)
Mirza does not explicitly teach the device wherein a processor and a memory communicatively coupled to 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;
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, Gilreath teaches the device wherein a processor and a memory communicatively coupled to the at least one sensor ([0154], image processor generates image data);
a housing member (fig. 2a, element 300, [0488], tip cover 300) 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 (fig. 1c, element 133, [0458], side-pointing camera 133);
the at least one sensor (fig. 1c, element 133, [0458], side-pointing camera 133) 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.
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 sensor of Mirza to be an assembly with side viewing sensors as taught in Gilreath in order to view a medical tool in an operation from a different angle (Gilreath [0129]).
Regarding claim 2, Mirza in view of Gilreath teaches The cannula of claim 1,
Further, 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]).
Regarding claim 3, Mirza in view of Gilreath teaches The cannula of claim 1,
Further, Gilreath teaches a cannula wherein the at least one sensor comprises a plurality of image sensors (fig. 1I, element 168, 181, [0466,476]) 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, and
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]).
Regarding claim 4, Mirza in view of Gilreath teaches The cannula of claim 3.
Further, Mirza teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe (fig. 24a-f, element 101, [0109], endoscope 101 is a probe, as is the endoscope of Gilreath that teaches the housing and plurality of image sensors), 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 ([0109], advancing of the endoscope 101 through the cannula).
Regarding Claim 5, Mirza in view of Gilreath teaches The cannula of claim 4,
Further, Mirza 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 (fig. 24a-f, element 101, [0109], advancing of the endoscope through the guidance tube 171 into the cannula 10).
Regarding claim 8, Mirza teaches A tissue visualization system for use as part of a surgical device, comprising:
a cannula having a proximal end and a distal end;
at least one sensor (fig. 24a-f, element 101, [0109], endoscope 101, endoscopes by definition contain an imaging sensor);
an assembly (fig. 24a-f, element 101, [0109], endoscope 101) within the cannula, the assembly containing the at least one sensor;
A sidewall (fig. 17, element 125, [0090], cannula 10 comprises a channel 125, channel has sidewalls) 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. 17, element 121, [0090], slot 121 separates sidewalls of the cannula);
a base member (fig. 2a, element 228, [0063], proximal end 228) at the proximal end of the cannula, the base member connected to the sidewall;
a bore (fig. 17, element 125, [0090], channel 125) extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall; and
an opening (fig. 2, channel of cannula 10 connected to an opening in the proximal end) 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 (fig. 17, element 70, [0089], blade 70 engages with slot 121), and
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 (fig. 24a-f, element 101, [0109], endoscope 101, endoscopes by definition contain an imaging sensor).
Mirza does not explicitly teach the device wherein a processor and a memory communicatively coupled to 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;
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, Gilreath teaches the device wherein a processor and a memory communicatively coupled to the at least one sensor ([0154], image processor generates image data);
a housing member (fig. 2a, element 300, [0488], tip cover 300) 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 (fig. 1c, element 133, [0458], side-pointing camera 133);
the at least one sensor (fig. 1c, element 133, [0458], side-pointing camera 133) 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.
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 sensor of Mirza to be an assembly with side viewing sensors as taught in Gilreath in order to view a medical tool in an operation from a different angle (Gilreath [0129]).
Regarding claim 9, Mirza in view of Gilreath teaches The tissue visualization system of claim 8,
Further, 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]).
Regarding claim 10, Mirza in view of Gilreath teaches The tissue visualization system of claim 8,
Further, Gilreath teaches a cannula wherein the at least one sensor comprises a plurality of image sensors (fig. 1I, element 168, 181, [0466,476]) 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, and
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]).
Regarding claim 11, Mirza in view of Gilreath teaches the tissue visualization system of claim 10.
Further, Mirza teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe (fig. 24a-f, element 101, [0109], endoscope 101 is a probe, as is the endoscope of Gilreath that teaches the housing and plurality of image sensors), 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 ([0109], advancing of the endoscope 101 through the cannula).
Regarding Claim 12, Mirza in view of Gilreath teaches The cannula of claim 11,
Further, Mirza 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 (fig. 24a-f, element 101, [0109], advancing of the endoscope through the guidance tube 171 into the cannula 10).
Regarding claim 15, Mirza teaches A surgical device comprising:
a cannula having a proximal end and a distal end;
At least one sensor (fig. 24a-f, element 101, [0109], endoscope 101, endoscopes by definition contain an imaging sensor);
An assembly (fig. 24a-f, element 101, [0109], endoscope 101) within the cannula, the assembly containing the at least one sensor;
A sidewall (fig. 17, element 125, [0090], cannula 10 comprises a channel 125, channel has sidewalls) 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. 17, element 121, [0090], slot 121 separates sidewalls of the cannula);
a base member (fig. 2, element 12, [0056], proximal end 12) at a proximal end of the cannula;
a bore (fig. 17, element 125, [0090], channel 125) extending in the axial direction defined by each of the upper surface of the housing member and the base member and the sidewall; and
an opening (fig. 2, channel of cannula 10 connected to an opening in the proximal end) 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 (fig. 17, element 70, [0089], blade 70 engages with slot 121)
Mirza does not explicitly teach the device wherein a processor and a memory communicatively coupled to 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;
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, Gilreath teaches the device wherein a processor and a memory communicatively coupled to the at least one sensor ([0154], image processor generates image data);
a housing member (fig. 2a, element 300, [0488], tip cover 300) 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 (fig. 1c, element 133, [0458], side-pointing camera 133);
the at least one sensor (fig. 1c, element 133, [0458], side-pointing camera 133) 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.
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 sensor of Mirza to be an assembly with side viewing sensors as taught in Gilreath in order to view a medical tool in an operation from a different angle (Gilreath [0129]).
Regarding claim 16, Mirza in view of Gilreath teaches The surgical device of claim 15,
Further, 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]).
Regarding claim 17, Mirza in view of Gilreath teaches The surgical device of claim 15,
Further, Gilreath teaches a cannula wherein the at least one sensor comprises a plurality of image sensors (fig. 1I, element 168, 181, [0466,476]) 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, and
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]).
Regarding claim 18, Mirza in view of Gilreath teaches The surgical device of claim 17,
Further, Mirza teaches wherein the housing member including the plurality of image sensors and the one or more embedded LEDs comprises an imaging probe (fig. 24a-f, element 101, [0109], endoscope 101 is a probe, as is the endoscope of Gilreath that teaches the housing and plurality of image sensors), 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 ([0109], advancing of the endoscope 101 through the cannula).
Regarding Claim 19, Mirza in view of Gilreath teaches The cannula of claim 18,
Further, Mirza 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 (fig. 24a-f, element 101, [0109], advancing of the endoscope through the guidance tube 171 into the cannula 10).
Regarding claim 21, Mirza in view of Gilreath teaches The cannula of claim 1, further comprising:
Further, Mirza teaches a channel (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula) 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 (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula).
Regarding claim 22, Mirza in view of Gilreath teaches The cannula of claim 21,
Further, Mirza 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 (fig. 24a, endoscope 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.
Regarding claim 23, Mirza in view of Gilreath teaches The cannula of claim 8,
Mirza teaches the device further comprising:
a channel (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula) having an internal surface, the assembly having an exterior surface, the exterior surface of the assembly disposed within the internal surface of the channel ([0058], channel 232 is used for positioning of the sensor), and
a shape of the internal surface of the channel corresponding to a shape of the exterior surface of the assembly (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula).
Regarding claim 24, Mirza in view of Gilreath teaches The cannula of claim 23,
Mirza further 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 (fig. 24a, endoscope 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.
Regarding claim 25, Mirza in view of Gilreath teaches The cannula of claim 15,
Mirza teaches further comprising:
a channel (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula) 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 (fig. 17, element 125, [0090], channel 125, [0109], endoscope inserted into cannula).
Regarding claim 26, Mirza in view of Gilreath teaches The cannula of claim 25,
Further, Mirza 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 (fig. 24a, endoscope is 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.
Claim(s) 6, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mirza and Gilreath as applied to claims 5 above, and further in view of Choung (US 20190150900 A1).
Regarding claim 6, Mirza in view of Gilreath teaches The cannula of claim 5.
Mirza in view of Gilreath does not explicitly teach the imaging probe further comprising at least one protrusion and the cannula further comprising at least one fixed position engagement point comprising a recess, 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.
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]),
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 ([0069, 75], pushing of flexible resilient stop allows advancement beyond one tooth 1132 incrementally).
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 13, Mirza in view of Gilreath teaches The cannula of claim 12.
Mirza in view of Gilreath does not explicitly teach the imaging probe further comprising at least one protrusion and the cannula further comprising at least one fixed position engagement point comprising a recess, 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.
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]),
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 ([0069, 75], pushing of flexible resilient stop allows advancement beyond one tooth 1132 incrementally).
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 Hotto to include teeth as taught in Choung in order to permit advancement but resist proximal movement (Choung [0075]).
Regarding claim 20, Mirza in view of Gilreath teaches The cannula of claim 19.
Mirza in view of Gilreath does not explicitly teach the imaging probe further comprising at least one protrusion and the cannula further comprising at least one fixed position engagement point comprising a recess, 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.
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]),
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 ([0069, 75], pushing of flexible resilient stop allows advancement beyond one tooth 1132 incrementally).
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 Hotto to include teeth as taught in Choung in order to permit advancement but resist proximal movement (Choung [0075]).
Claim(s) 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mirza, Gilreath, and Choung as applied to claims 6/13 above, and further in view of Garvey.
Regarding claim 7, Mirza in view of Gilreath and Choung teaches The cannula of claim 6,
Mirza in view of Gilreath and Choung does not explicitly teach wherein the base member includes a configurable guide insert detachably coupled to the base member, the configurable guide insert including a first opening 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 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, 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.
However, 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]).
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 a rotatable guide insert as taught in Garvey in order to account for nontarget tissues in mirrored sides of the anatomy (Garvey [0005]).
Regarding claim 14, Mirza in view of Gilreath and Choung teaches The cannula of claim 13,
Mirza in view of Gilreath and Choung does not explicitly teach wherein the base member includes a configurable guide insert detachably coupled to the base member, the configurable guide insert including a first opening 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 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, 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.
However, Garvey teaches the system 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]).
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 a rotatable guide insert as taught in Garvey in order to account for nontarget tissues in mirrored sides of the anatomy (Garvey [0005]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Briganti (US 20120016397).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TIMOTHY TUAN LUU/Examiner, Art Unit 3795
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795