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 § 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.
Claim 14 is 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 14 recites the limitation "the first locking mechanism" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 7, 11, 13, 15-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton, IV et al. US 2019/0183504.
Regarding claim 1, Shelton, IV et al. discloses a medical device comprising: a handle (figure 22) including a first body 3030 and a second body 2700 that are movable relative to one another (second body 2700 is removably coupled to the first body 3030, shown separate and coupled in figures 22, 24); and an actuator including a first housing 3220 (figure 24, houses portion 3234) movably coupled to the first body (paragraph 0431, axially driven relative to the body 3030) and a second housing 2710 (figure 18, houses portions of 2330 along detents 2726) movably coupled to the second body (movably coupled via springs 2730, figure 24, 26); wherein the medical device is configured to move between an open configuration in which the first body 3030 is at least partially decoupled from the second body 2700 (figure 22) and the first housing 3220 is at least partially decoupled from the second housing 2710 (figure 18, second body 2700 with housing 2710 separated from the first housing 3220 when disassembled), and a closed configuration in which the first body is coupled to the second body and the first housing is coupled to the second housing (figure 24, when device is assembled).
Regarding claims 2-4, Shelton, IV et al. discloses wherein the first body and the second body collectively define a channel that is configured to receive a medical tool when the medical device is in the open configuration (figures 17, 23 and 24, shaft assembly 2300; surrounding drive rod medical tool 3230), wherein the medical tool is securely attached inside the channel between the first body and the second body when the medical device is in the closed configuration (surrounding drive rod 3230, secured within first and second body, figure 24), wherein an end effector of the medical tool is movably coupled to the actuator when the medical tool is received within the channel and the medical device is in the closed configuration (tool such as drive rod 3220 or shafts or collars surrounding are translated axially moving a distal end of the tool, figure 24). Examiner further notes that the medical tool or end effector are not positively claimed, the first and second body only required to be shaped to receive a medical tool comprising an end effector movably coupled thereto.
Regarding claim 7, Shelton, IV et al. discloses wherein the first body and the second body are movably coupled to one another about a joint (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features).
Regarding claim 11, Shelton, IV et al. further discloses a first locking mechanism configured to couple the first body and the second body to one another (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features), thereby securing the medical device to the closed configuration paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features).
Regarding claim 13, Shelton, IV et al. discloses a second locking mechanism that is configured to couple the first body and the second body to one another, thereby securing the medical device to the closed configuration (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features, Examiner notes is dependent upon claim 1, and only one locking mechanism is claimed despite the claim stating a second locking mechanism).
Regarding claim 15, Shelton, IV et al. discloses a medical device comprising: a first handle body 3030; a second handle body 2700 movably coupled to the first handle body(second body 2700 is removably coupled to the first body 3030, shown separate and coupled in figures 22, 24); a first actuator housing 3220 (figure 24, houses portion 3234) disposed about and movably coupled to the first handle body (paragraph 0431, axially driven relative to the body 3030); and a second actuator housing 2710 (figure 18, houses portions of 2330 along detents 2726) disposed about and movably coupled to the second handle body (movably coupled via springs 2730, figure 24, 26); wherein the first handle body and the second handle body define a handle of the medical device (first handle body and second handle body are configured to be grasped by a user, and therefore may be considered a handle), and the first actuator housing and the second actuator housing define an actuator of the medical device (first and second actuator housings translate to actuate medical tool drive rod); and wherein the first handle body is at least partially separated from the second handle body (figure 22) and the first actuator housing is at least partially separated from the second actuator housing when the medical device is in an open configuration (figure 18, second body 2700 with housing 2710 separated from the first housing 3220 when disassembled), and the first handle body is engaged with the second handle body and the first actuator housing is engaged with the second actuator housing when the medical device is in a closed configuration (figure 24, when device is assembled).
Regarding claim 16, Shelton, IV et al. discloses wherein the medical device is configured to receive a medical tool between the first handle body and the second handle body when in the open configuration (figures 17, 23 and 24, shaft assembly 2300; at least partially surrounding drive rod medical tool 3230), wherein the medical device is configured to securely attach the medical tool to the first handle body and the second handle body when in the closed configuration (surrounding drive rod 3230, secured within first and second body, figure 24). Examiner further notes that the medical tool or end effector are not positively claimed, the first and second body only required to be shaped to receive a medical tool comprising an end effector movably coupled thereto.
Regarding claim 17, Shelton, IV et al. discloses wherein the actuator is configured to actuate the medical tool in response to the first actuator housing moving relative to the first handle body (first actuator housing 3220 translates relative to the first handle body 2700 to translate the drive rod medical tool relative to body 2700) and the second actuator housing 2710 moving relative to the second handle body (moving relative to second handle body 3030 with springs 2730 as drive rod is translated).
Regarding claim 19, Shelton, IV et al. discloses at least one locking mechanism configured to attach the first handle body to the second handle body as the medical device is moved to the closed configuration (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gingrich et al. US 7,311,674.
Regarding claim 20, Gingrich et al. discloses a medical system (figure 1), comprising: a medical device 10 including a handle 11 and an actuator 18 disposed over the handle (figure 1); and a medical tool including a shaft 13, a pull wire (14, 15) disposed within the shaft (figure 2, column 4, lines 49-55), and an end effector 12 coupled to the pull wire (column 4, lines 62-64); wherein the medical device is configured to couple the medical tool to the handle and the actuator in response to receiving at least a portion of the shaft between a pair of opposing halves of the handle and at least a portion of the pull wire between a pair of opposing halves of the actuator (figure 1, coupled within device, medical tool received within the handle, each side of the handle may be considered an opposing half, the claim does not require the opposing halves of the handle being decoupled); and wherein the medical device is configured to control the medical tool in response moving the actuator relative to the handle to translate the pull wire relative to the shaft, thereby actuating the end effector (column 4, line 65-column 5, line 3).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton, IV et al. US 2019/0183504.
Regarding claim 12, Shelton, IV et al. discloses a first locking mechanism configured to couple the first body and the second body to one another wherein the first locking mechanism includes a snap lock (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features), but fails to explicitly disclose the snap lock positioned on the first body and a ledge positioned on the second body, the snap lock is configured to engage the ledge to couple the first body to the second body. It would have been an obvious matter of design choice to modify Shelton, IV et al., to have a snap lock comprising a snap lock and a ledge, since applicant has not disclosed that having a snap lock and ledge releasable latch arrangement or other snap features solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs to secure a first and second body.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton, IV et al. US 2019/0183504 in view of Gupta et al. US 2013/0037595.
Regarding claim 14, Shelton, IV et al. discloses a locking mechanism configured to couple the first body and the second body to one another wherein the first locking mechanism includes a snap lock, but fails to explicitly disclose the first locking mechanism is positioned proximate to a proximal end of the first body and the second body relative to the second locking mechanism, and the second locking mechanism is positioned proximate to a distal end of the first body and the second body relative to the first locking mechanism.
Gupta et al. teaches a first locking mechanism configured to couple the first body and the second body to one another wherein the first locking mechanism includes a snap lock (paragraphs 0017, 0018), the snap lock positioned on the first body and the second body (male portion secured by snap-fit engagement, figure 2, male and female connection on the first and second body to connect or lock together, paragraphs 0017, 0018), the snap lock is configured to engage to couple the first body to the second body (paragraphs 0017, 0018), the first locking mechanism is positioned proximate to a proximal end of the first body and the second body relative to the second locking mechanism (paragraph 0017, 0018), and the second locking mechanism is positioned proximate to a distal end of the first body and the second body relative to the first locking mechanism (paragraph 0017, 0018).
Therefore, it would have been obvious to modify Shelton, IV et al., to have the snap lock positioned on the first body and a ledge positioned on the second body, the snap lock is configured to engage the ledge to couple the first body to the second body, the first locking mechanism is positioned proximate to a proximal end of the first body and the second body relative to the second locking mechanism, and the second locking mechanism is positioned proximate to a distal end of the first body and the second body relative to the first locking mechanism, as taught by Gupta et al. as known in the art to connect first and second bodies securely on the first and second proximal and distal portions with a snap fit locking mechanisms.
Allowable Subject Matter
Claims 5, 6, 8-10 and 18 are 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.
Shelton, IV et al. US 2019/0183504 discloses a medical device (figures 18-24), the first housing translating along the first body and the second body, and the second housing being spring biased away from the second body toward the first body as the medical tool is pushed out of detents (tool such as drive rod 3220 or shafts or collars surrounding are translated axially moving a distal end of the tool, figure 24).
Shelton, IV et al. fails to disclose wherein the actuator is configured to actuate the end effector in response to the first housing and the second housing moving simultaneously along the first body and the second body, wherein the end effector is configured to move in response to the actuator translating along the first body and the second body. Shelton, IV et al. fails to discloses further including a first hinge defining the joint (paragraph 0427, 0440; the first body 2700 may be releasably coupled with second body 3030 by friction, releasable latch arrangements or snap features), but fails to disclose wherein the first hinge is configured to pivot the first body relative to the second body relative or at least one joint defining a pivot point between the first handle body and the second handle body, wherein the at least one joint is configured to pivot the first handle body relative to the second handle body about the pivot point as the medical device moves between the open configuration and the closed configuration.
Gingrich et al. US 7,311,674 discloses a medical system (figure 1).
Gingrich et al. fails to discloses wherein the medical device is configured to move between an open configuration in which the first body is at least partially decoupled from the second body and the first housing is at least partially decoupled from the second housing, and a closed configuration in which the first body is coupled to the second body and the first housing is coupled to the second housing.
Gringrich et al. fails to disclose a first hinge defining the joint, wherein the first hinge is configured to pivot the first body relative to the second body relative or at least one joint defining a pivot point between the first handle body and the second handle body, wherein the at least one joint is configured to pivot the first handle body relative to the second handle body about the pivot point as the medical device moves between the open configuration and the closed configuration.
Gupta et al. US 2013/0037595 discloses a medical device (figure 2A) having an open and closed configuration in which the first body is at least partially decoupled from the second body (figure 2A, proximal handle portion 102 and opposite handle portion), a first actuator housing (thumb abutment portion 114, figure 18) and second actuator housing (second thumb abutment portion on opposite handle portion, figure 18)
Gupta et al. fails to discloses wherein an actuator including a first housing is movably coupled to the first body and a second housing movably coupled to the second body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C LAUER whose telephone number is (571)270-5418. The examiner can normally be reached Monday-Thursday 7:00 AM-4:00 PM.
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/CHRISTINA C LAUER/Examiner, Art Unit 3771