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 Objections
Claims 2 and 9-10 are objected to because of the following informalities:
Claim 2, line 3: “with respect to a housing of a generator” should recite “with respect to the housing of the generator” instead, since these structures already have antecedent basis in lines 3-4 of claim 1.
Claim 9, lines 7-8 and 9-10: these lines recite “via the first electric contact” twice, yet this structure does not have antecedent basis in the claim. It is recommended that claim 9 be amended to introduce “a first electric contact”. Please note that lines 13-14 introduce “a first electric contact” already, and that the entire claim should be examined when amending.
Claim 9, line 13: “a housing housed within a handle” should recite “a housing housed within the handle” instead, as the handle already has antecedent basis in line 2.
Claim 10, line 5: the line “by applying the vibration to both a biological tissue;” is not a complete phrase, as the line recites “both” yet only recites the biological tissue. It is recommended that “both” be removed.
Claim 10, lines 8-9 and 10-11: these lines recite “via the first electric contact” twice, yet this structure does not have antecedent basis in the claim. It is recommended that claim 10 be amended to introduce “a first electric contact”. Please note that lines 14-15 introduce “a first electric contact” already, and that the entire claim should be examined when amending.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sanai et al. (US PGPub 2015/0051516 A1).
With respect to claim 1, Sanai et al. discloses a treatment instrument (1 in Fig. 1) having a vibration generating device (PP [0007]: “a transducer unit 3 which generates ultrasonic vibrations”) and a handle (2) for operation, the vibration generating device (1) comprising:
a housing (outer shell of 3 including 21, see also Figs. 5-6) housed within the handle (2);
a generator including a transducer (3, PP [0007]: “a transducer unit 3 which generates ultrasonic vibrations”) disposed within the housing (outer shell of 3 including 21) and a first electric contact (29a) disposed on the housing (outer shell of 3 including 21, see Fig. 6 where 29a is disposed on a structure on the housing), the transducer (3) configured to generate vibration by using electric energy (see power cable 13), the first electric contact (29a) being rotatable about a predetermined rotational axis (see Fig. 6, 3 including 29a is rotatable);
a first electric path (path from switch 11 Figs. 5-7, Fig. 7 shows a graphic which highlights the various electrical paths between components) configured to convey an ultrasonic signal via the first electric contact (29a) to the transducer (3, PP [0075]: “In the transmission path of the high-frequency signal, the cylindrical contact-point member 27a, like the above-described cylindrical contact-point member 29a, is connected via internal wiring to the horn section 22, or connected to the electrical conduction part 40 which is electrically connected to the horn section 22”, switch 11 connects to 31 and 29b to convey the signal to 29a); and
a second electric path (path from switch 12 in Fig. 7, PP [0044]: “In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side by an ON operation by depression. By this trigger signal, power for driving the ultrasonic vibration element and a high-frequency signal from the power unit 31 are output, respectively, and are applied to the treatment section 16”) configured to convey a high frequency signal via the first electric contact (29a) to the transducer (3, switch 12 controls a high frequency signal to the transducer 3); wherein
the housing (outer shell of 3 including 21) of the generator (3) includes a groove portion (see stepped groove portion including contacts 24a, 26a, 27a, and 29a),
the first electric contact (29a) is disposed on an inner circumferential surface of the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”, see Figs. 5-6), and
when a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about the predetermined rotational axis with respect to the housing (outer shell of 3 including 21) of the generator (3) and including a second electric contact (29b) rotates about the predetermined rotational axis with respect to the first electric contact (29a) in a state where the connector (proximal righthand portion of 2 including matching stepwise receiving portion) engages with the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”), an electric connection of the second electric contact (29b) to the first electric contact (29a) is maintained (the contact points are cylindrical and extend along the perimeter of the steps, rotation of 3 relative to 2 maintains contact, PP [0084]: “the cylindrical contact-point members on the transducer unit 3”).
Regarding claim 2, Sanai et al. further discloses wherein the electrical contact between the first electric contact (29a in Fig. 6) and the transducer (3) is maintained during a rotation along a rotational axis with respect to a housing (outer shell of 3 including 21) of a generator including the transducer (3, the contact points are cylindrical and extend along the perimeter of the steps, rotation of 3 relative to 2 maintains contact, PP [0084]: “the cylindrical contact-point members on the transducer unit 3”), and the groove portion (stepped distal end of 3 with contacts) is recessed toward a distal end side in the proximal end portion of the housing (outer shell of 3 including 21, the stepped portion of 3 is recessed as the diameter decreases distally).
Regarding claim 3, Sanai et al. further discloses a rod member (4 in Figs. 5-6) connected to the transducer (3, 4 connects to 3 in Fig. 5) and configured to form a path for conveying an ultrasonic vibration and a high frequency current (PP [0038]: “A rear end side of the probe 4 is coupled to a horn section 22 of the transducer unit 3 within the handle unit 2, and is provided such that ultrasonic vibrations and a high-frequency signal (to be described later) are transmitted”).
Regarding claim 4, Sanai et al. further discloses wherein a third electric contact (18a in Figs. 5-6) that forms a third electric path (path via 30, see also Fig. 7, PP [0076]: “the cylindrical contact-point member 29a penetrates an insulative internal part of the transducer unit 3, and a contact terminal 30 is provided in a manner to project to the inner wall surface of the hole in which the horn section 22 is disposed”) is disposed in the handle (2), and the third electric contact (18a) does not rotate in accordance with the rotation of the transducer (3, PP [0077]: “This contact terminal 30 is put in contact with, and is electrically connected to, the cylindrical contact-point member 18a of the moving member 18. As regards the cylindrical contact-point member 29a and contact terminal 30, like the above-described first embodiment, when the jaw 15 is in the open state, the cylindrical contact-point member 18a advances in the longitudinal direction by the movement of the cylindrical contact-point member 18a, and the cylindrical contact-point member 18a and contact terminal 30 are separated”, 18a translates longitudinally).
Regarding claim 5, Sanai et al. further discloses a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about a predetermined rotational axis with respect to the housing (outer shell of 3 including 21) of the generator (3), wherein the connector (proximal righthand portion of 2 including matching stepwise receiving portion) includes a further electric contact (29b) disposed on an external surface of the connector (29b is located on an external surface since it is exposed to the exterior of the device when 3 is not attached, see Fig. 6), and
an electric connection is established between an operating member (11 and 12) of the handle (2) and at least one of the first electric path (path from switch 11 Figs. 5-7, Fig. 7 shows a graphic which highlights the various electrical paths between components) and the second electric path (path from switch 12 in Fig. 7) by electrically connecting the further electric contact (29b) to a third electric contact (18a, 29b connects via 29a and 30, the paths are completed when 3 is inserted into 2) disposed in the handle (2).
Regarding claim 6, Sanai et al. further discloses a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about a predetermined rotational axis with respect to the housing (outer shell of 3 including 21) of the generator (3), wherein the connector (proximal righthand portion of 2 including matching stepwise receiving portion) includes a conductive member (unmarked wires in Fig. 6) electrically connected to the second electric contact (29b) and forming a part of a power supply path through which the electric energy to be supplied to the generator (3) is transmitted (see Fig. 7, the energy is transmitted along this power supply path).
Regarding claim 7, Sanai et al. further discloses a cable (13 in Figs. 6-7) extending from the connector (proximal righthand portion of 2 including matching stepwise receiving portion) and having at least one of the first electric path (path from switch 11 Figs. 5-7, Fig. 7 shows a graphic which highlights the various electrical paths between components) and the second electric path (path from switch 12 in Fig. 7) and the power supply path (see Fig. 7) extended within the cable (13, see power unit 31 in Fig. 7 which supplies power through cable 13 to the various supply paths).
Regarding claim 8, Sanai et al. further discloses a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about a predetermined rotatable axis with respect to the housing (outer shell of 3 including 21) of the generator (3), wherein the connector (proximal righthand portion of 2 including matching stepwise receiving portion) includes an attachment (9) to be engaged with the handle (2), and the connector (proximal righthand portion of 2 including matching stepwise receiving portion) is attached to the handle (2) by engaging the attachment (9) with the handle (2, the gripping portion 8 of handle 2 is attached to the proximal portion of 2 via fulcrum attachment 9).
With respect to claim 9, Sanai et al. discloses a treatment instrument (1 in Fig. 1) comprising:
a handle unit (2) having a handle (8) for operation;
a rod member (4) supported by the handle (8) and transmitting vibration on a longitudinal axis (PP [0038]: “A rear end side of the probe 4 is coupled to a horn section 22 of the transducer unit 3 within the handle unit 2, and is provided such that ultrasonic vibrations and a high-frequency signal (to be described later) are transmitted”);
a treatment unit (16 in Fig. 2) disposed at a distal end of the rod member (4) and performing treatment by applying the vibration to a biological tissue (PP [0038]: “In the state in which the jaw 15 is closed, a high-frequency signal is transmitted from the probe distal end portion 4a to the jaw 15. Specifically, when the treatment target part is clamped by the treatment section 16, desired treatment is performed by applying the ultrasonic vibrations or high-frequency signal”); and
a vibration generating device (3) configured to be attached to the handle unit (2),
a first electric path (path from switch 11 Figs. 5-7, Fig. 7 shows a graphic which highlights the various electrical paths between components) configured to convey an ultrasonic signal via the first electric contact (29a) to the transducer (3, PP [0075]: “In the transmission path of the high-frequency signal, the cylindrical contact-point member 27a, like the above-described cylindrical contact-point member 29a, is connected via internal wiring to the horn section 22, or connected to the electrical conduction paart 40 which is electrically connected to the horn section 22”, switch 11 connects to 31 and 29b to convey the signal to 29a);
a second electric path (path from switch 12 in Fig. 7, PP [0044]: “In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side by an ON operation by depression. By this trigger signal, power for driving the ultrasonic vibration element and a high-frequency signal from the power unit 31 are output, respectively, and are applied to the treatment section 16”) configured to convey a high frequency signal via the first electric contact (29a) to the transducer (3, switch 12 controls a high frequency signal to the transducer 3), wherein
the vibration generating device (3) includes
a housing (outer shell of 3 including 21) housed within a handle (2),
a generator including a transducer (3, PP [0007]: “a transducer unit 3 which generates ultrasonic vibrations”) disposed within the housing (outer shell of 3 including 21)- and a first electric contact (29a) disposed on the housing (outer shell of 3 including 21), the transducer (3) being configured to generate vibration by using electric energy, the first electric contact (29a) being rotatable about a predetermined rotational axis,
the housing (outer shell of 3 including 21) of the generator (3) includes a groove portion (see stepped groove portion including contacts 24a, 26a, 27a, and 29a),
the first electric contact (29a) is disposed on an inner circumferential surface of the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”, see Figs. 5-6), and
when a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about the predetermined rotational axis with respect to the housing (outer shell of 3 including 21) of the generator (3) and including a second electric contact (29b) rotates about the predetermined rotational axis with respect to the first electric contact (29a) in a state where the connector (proximal righthand portion of 2 including matching stepwise receiving portion) engages with the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”), an electric connection of the second electric contact (29b) to the first electric contact (29a) is maintained (the contact points are cylindrical and extend along the perimeter of the steps, rotation of 3 relative to 2 maintains contact, PP [0084]: “the cylindrical contact-point members on the transducer unit 3”).
With respect to claim 10, Sanai et al. discloses a treatment system comprising:
a treatment instrument (1 in Fig. 1) including a handle unit (2), the handle unit including a handle (body of 2 including 8) for operation, a rod member (4) supported by the handle (body of 2 including 8) and transmitting vibration on a longitudinal axis (PP [0038]: “A rear end side of the probe 4 is coupled to a horn section 22 of the transducer unit 3 within the handle unit 2, and is provided such that ultrasonic vibrations and a high-frequency signal (to be described later) are transmitted”), and a treatment unit (16 in Fig. 2) disposed at a distal end of the rod member (4) and performing treatment by applying the vibration to both a biological tissue;
a cable (13 in Figs. 5-6) having one end connected to a vibration generating device (PP [0053]: “the contact terminals 24b, 27b, 26b are connected to the power cable 13 via internal wiring”, 13 connects to 3 via the terminals);
a power supply device (31 in Fig. 7) connected to an opposed end of the one end of the cable (13),
a first electric path (path from switch 11 Figs. 5-7, Fig. 7 shows a graphic which highlights the various electrical paths between components) configured to convey an ultrasonic signal via the first electric contact (29a) to the transducer (3, PP [0075]: “In the transmission path of the high-frequency signal, the cylindrical contact-point member 27a, like the above-described cylindrical contact-point member 29a, is connected via internal wiring to the horn section 22, or connected to the electrical conduction paart 40 which is electrically connected to the horn section 22”, switch 11 connects to 31 and 29b to convey the signal to 29a); and
a second electric path (path from switch 12 in Fig. 7, PP [0044]: “In each of the switches 11 and 12, a trigger signal is sent to a power unit or controller side by an ON operation by depression. By this trigger signal, power for driving the ultrasonic vibration element and a high-frequency signal from the power unit 31 are output, respectively, and are applied to the treatment section 16”) configured to convey a high frequency signal via the first electric contact (29a) to the transducer (3, switch 12 controls a high frequency signal to the transducer 3), wherein
the vibration generating device (3) includes
a housing (outer shell of 3 including 21) housed within a handle (2),
a generator including a transducer (3, PP [0007]: “a transducer unit 3 which generates ultrasonic vibrations”) disposed within the housing (outer shell of 3 including 21)- and a first electric contact (29a) disposed on the housing (outer shell of 3 including 21), the transducer (3) being configured to generate vibration by using electric energy, the first electric contact (29a) being rotatable about a predetermined rotational axis,
the housing (outer shell of 3 including 21) of the generator (3) includes a groove portion (see stepped groove portion including contacts 24a, 26a, 27a, and 29a),
the first electric contact (29a) is disposed on an inner circumferential surface of the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”, see Figs. 5-6), and
when a connector (proximal righthand portion of 2 including matching stepwise receiving portion in Figs. 5-6) rotatable about the predetermined rotational axis with respect to the housing (outer shell of 3 including 21) of the generator (3) and including a second electric contact (29b) rotates about the predetermined rotational axis with respect to the first electric contact (29a) in a state where the connector (proximal righthand portion of 2 including matching stepwise receiving portion) engages with the groove portion (PP [0074]: “cylindrical contact-point members 24a, 26a, 27a and 29a are disposed stepwise in a manner to narrow from the outer peripheral side to the inner side”), an electric connection of the second electric contact (29b) to the first electric contact (29a) is maintained (the contact points are cylindrical and extend along the perimeter of the steps, rotation of 3 relative to 2 maintains contact, PP [0084]: “the cylindrical contact-point members on the transducer unit 3”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
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