DETAILED ACTION
Claim Objections
Claim 14 is objected to because of the following informalities:
In claim 14 (line 13) “the second coupling” should recite –the first coupling--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites “the rotor shaft comprises an alignment contour formed so as to be complementary to the alignment portion of the shaft and along which the alignment portion is aligned into the predetermined rotational position during coupling, and… in an uncoupled state, is directly adjacent to the first coupling portion”.
It is unclear as to what position or structural cooperative relationship the alignment contour has relative to the first coupling portion in a coupled state. Furthermore, claim 14 fails to recite any limitations which enable one to properly determine what structural features define the alignment contour such to allow it to be actuated between such uncoupled and coupled states. Accordingly, one is unable to properly determine the metes and bounds of such claim. Claims 16-26 depend from claim 15 are likewise rejected as being indefinite.
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.
Claims 14-20, 22-28 and 30-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blust et al. (US 2006/0053974).
As to claim 14, Blust et al. disclose a coupling for a medical instrument, the coupling comprising:
a rotor shaft 7 that is rotatable, the rotor shaft comprising a first coupling portion 15,16; and
a shaft 24 comprising a second coupling portion 32 and an alignment portion 28,
the first coupling portion being formed so as to be complementary to the second coupling portion, wherein the second coupling portion is axially insertable in the rotor shaft for form-fitting and torque-transmitting coupling,
the alignment portion being adjusted to the rotor shaft such that, when coupled, the alignment portion aligns the shaft into a predetermined rotational position about a longitudinal axis of the shaft,
the alignment portion being axially spaced from the second coupling portion such that during coupling, the shaft is aligned in the predetermined rotational position before the second coupling portion comes into form-fitting, torque-transmitting engagement with the rotor shaft, and
an axial distance between the second coupling portion and the alignment portion of the shaft is larger than an axial length of the first coupling portion of the rotor shaft (Figures 1-5).
As to claim 15, Blust et al. disclose a coupling wherein:
the rotor shaft 7 comprises an alignment contour 30 formed so as to be complementary to the alignment portion 28 of the shaft 24 and along which the alignment portion is aligned into the predetermined rotational position during coupling, and
the alignment contour, in an uncoupled state, is directly adjacent to the first coupling portion 15 (Figures 1-5).
As to claim 16, Blust et al. disclose a coupling wherein the second coupling portion 32 is insertable in the rotor shaft 7 in order to bring the alignment portion 28 inside the rotor shaft into engagement with the alignment contour 10 (Figures 1-5).
As to claim 17, Blust et al. disclose a coupling wherein:
the alignment portion 28 is formed by at least one first inclined surface 28,
the alignment contour 30 is formed by at least one second inclined surface 30,
each of the at least one first inclined surface and each of the at least one second inclined surface is inclined in an axial direction and a radial direction,
each of the at least one first inclined surface is configured for flat contact on one of the at least one second inclined surface,
the at least one first inclined surface comprising a first number of inclined surfaces, and
the at least one second inclined surface comprising a second number of inclined surfaces, the second number being different than the first number (Figures 1-5).
As to claim 18, Blust et al. disclose a coupling wherein:
the alignment portion 28 is formed by at least one first inclined surface,
the alignment contour 30 is formed by at least one second inclined surface,
each of the at least one first inclined surface and each of the at least one second inclined surface is inclined in an axial direction and a radial direction,
each of the at least one first inclined surface is configured for flat contact on one of the at least one second inclined surface,
the at least one first inclined surface having a first alignment about the longitudinal axis, and
the at least one second inclined surface having a second alignment about the longitudinal axis different from the first alignment (Figures 1-5).
As to claim 19, Blust et al. disclose a coupling wherein the alignment contour 30 is formed by an inclined surface which is inclined with respect to an axial direction and a radial direction and forms an acute angle with a longitudinal plane of the rotor shaft 7 (Figures 1-5).
As to claim 20, Blust et al. disclose a coupling comprising a follower element 10, the follower element being separate from the rotor shaft 7, forming the alignment contour 30, being received in an axially displaceable manner in the rotor shaft, and being connected to the rotor shaft in a torque-proof manner (Figures 1-5).
As to claim 22, Blust et al. disclose a coupling wherein the follower element 10 is axially displaceable against a spring preload 13 and, in a coupled state, the follower element is located in a spring-preloaded position (Figures 1-5).
As to claim 23, Blust et al. disclose a coupling comprising a spring 13 for applying the spring preload, the spring being arranged proximally to the follower element 10, or is at least partially received in a proximal end portion of the follower element (Figures 1-5).
As to claim 24, Blust et al. disclose a coupling wherein the spring 13 is arranged within the rotor shaft 7 (Figures 1-5).
As to claim 25, Blust et al. disclose a coupling comprising:
a follower element 10, the follower element being separate from the rotor shaft 7, forming the alignment contour 30, being received in an axially displaceable manner in the rotor shaft, and being connected to the rotor shaft in a torque-proof manner; and
an insert 16 that is separate from the rotor shaft and arranged within the rotor shaft, the insert forming the first coupling portion 15,16 and secured axially fixed in the rotor shaft, the insert being connected to the rotor shaft in a torque-proof manner,
wherein the insert is arranged distally from the follower element (Figures 1-5).
As to claim 26, Blust et al. disclose a coupling comprising:
a follower element 10, the follower element being separate from the rotor shaft 7, forming the alignment contour 30, being received in an axially displaceable manner in the rotor shaft, and being connected to the rotor shaft in a torque-proof manner; and
an insert 16 that is separate from the rotor shaft and arranged within the rotor shaft, the insert forming the first coupling portion 15,16 and secured axially fixed in the rotor shaft, the insert being connected to the rotor shaft in a torque-proof manner,
wherein the insert and the follower element are arranged within the rotor shaft, the insert being arranged distally from the follower element (Figures 1-5).
As to claim 27, Blust et al. disclose a coupling wherein the alignment portion 28 has a pyramid shape (Figures 1-5).
As to claim 28, Blust et al. disclose a coupling comprising an insert 16 that is separate from the rotor shaft 7 and arranged within the rotor shaft, the insert forming the first coupling portion 15,16 and secured axially fixed in the rotor shaft, the insert being connected to the rotor shaft in a torque-proof manner (Figures 1-5).
As to claim 30, Blust et al. disclose a coupling comprising a securing element 20 connected axially fixedly to the rotor shaft 7 on an axial side of the insert facing the shaft 23 so that an axial contact surface for the insert 16 is formed on the axial side of the insert facing the shaft (Figures 1-5).
As to claim 31, Blust et al. disclose a coupling wherein the securing element 20 comprises a screw-in geometry for screwing the securing element in the rotor shaft 7, the screw-in geometry having a larger diameter than the second coupling portion 32 (Figures 1-5).
As to claim 32, Blust et al. disclose a medical instrument, comprising:
the coupling;
a drive unit 3 connected to the rotor shaft 7 in a torque-transmitting manner; and
a drive shaft 23 connected to the shaft 24 in a torque-transmitting manner (Figures 1-5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Blust et al.
As to claim 21, Blust et al. disclose a coupling wherein the follower element 10 comprises a outer circumference that is circular, wherein cross-pin 12 connects the follower element to the rotor shaft 7 in a torque-proof manner (Figures 1-5).
Blust et al. disclose a coupling comprising a cross-pin; instead of the follower element comprising a flat portion on the outer circumference, to connect the follower element to the rotor shaft in a torque-proof manner.
It is well-known and readily-apparent within the art to provide telescopically-slidable cylindrical members with corresponding flat portions in order to prevent relative rotation between the cylindrical members. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling disclosed by Blust et al. wherein the telescopically-slidable cylindrical follower and rotor shaft comprise corresponding flat surfaces in order to prevent relative rotation between the members, as it is well-known and readily-apparent within the art to provide telescopically-slidable cylindrical members with corresponding flat portions in order to prevent relative rotation between the cylindrical members.
As to claim 29, Blust et al. disclose a coupling wherein:
the insert 16 comprises an outer circumference that is circular, and
wherein cross-pin 12 connects the insert to the rotor 7 shaft in a torque-proof manner (Figures 1-5).
Blust et al. disclose a coupling comprising a cross-pin; instead of the insert comprising a flat portion on the outer circumference, to connect the insert to the rotor shaft in a torque-proof manner.
It is well-known and readily-apparent within the art to provide telescopically-slidable cylindrical members with corresponding flat portions in order to prevent relative rotation between the cylindrical members. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling disclosed by Blust et al. wherein the telescopically-slidable cylindrical insert and rotor shaft comprise corresponding flat surfaces in order to prevent relative rotation between the members, as it is well-known and readily-apparent within the art to provide telescopically-slidable cylindrical members with corresponding flat portions in order to prevent relative rotation between the cylindrical members.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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10/09/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
