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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 30-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharrah et al. (U.S. Patent No. 8511847).
Sharrah et al. discloses a control circuit (300) of an illuminated surgical retractor (the retractor is considered functional since no elements are directed to the retractor, furthermore, given the device of Sharrah et al. is handheld, it can be considered capable of use as an illuminated surgical retractor), the control circuit comprising: an input (Column 6, Lines 46-50) to receive a signal from a single control element (250); and an output to supply an electric current to control light generated by an array of illuminating elements (Column 6, Lines 46-50), wherein a level of electric current supplied by the output is based on a count of momentary closures of a switch of the single control element (Column 4, Lines 10-16). The term disposable is a functional phrase; therefore, it is considered that the control circuit is “disposable” on a blade portion of an illuminated retractor, the blade portion configure to retract tissue if one so desired since the unit is of a size that is sufficiently small. The amendment does not add any significant structure but merely states a function.
Regarding claim 31, an incremental increase in the level of electric current supplied by the output corresponds to the count of the momentary switch closures of the single control element (Column 4, Lines 10-16, “Preferably switch 250 is a pushbutton switch that may be activated one or more times, e.g.…brightened and/or dimmed).
Regarding claim 32, the signal from the single control element corresponds to a momentary closure of the single control element (Column 4, Lines 10-16).
Regarding claim 33, the output of the control circuit includes a plurality of outputs to supply differing levels of electric current based on one or more of the momentary closures of the switch (Column 4, Lines 10-16, the push button being activated one or more times indicates a plurality of outputs in the circuitry).
Regarding claim 34, the output of the control circuit includes a plurality of outputs, and wherein an increasing current from the plurality of outputs is based on one or more increases in the count of the momentary switch closures (Column 4, Lines 10-16, the push button being activated one or more times indicates a plurality of outputs in the circuitry, and the increase in current is indicated since the light can be brightened or dimmed via a pushbutton switch).
Regarding claim 35, the output supplies 0 mA responsive to a particular count of momentary closures of the switch of the single control element (Column 4, Lines 10-16, “ON, OFF” function).
Regarding claim 36, the output supplies a current based on an additional momentary closure of the switch after the output supplies 0 mA (Column 4, Lines 10-16, the pushbutton being active, once the device is off, the next click will turn it on).
Allowable Subject Matter
Claims 21-29, 37-40 allowed.
Claim 41 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The Terminal Disclaimer filed overcomes the Double Patenting Rejections. Claim 41 includes allowable subject matter similar to that of claims 21 and 37
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F.
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/ANDREW YANG/Primary Examiner, Art Unit 3775
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