DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-15 are pending.
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 2-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farritor et al. (US 20090171373 A1, 2009-07-02) (hereinafter “Farritor”).
Regarding claim 2, Farritor teaches method comprising: introducing a surgical tool tip into a body cavity; introducing a surgical tool shaft (e.g., 166) through tissue into the body cavity; detachably connecting a tip of the surgical tool shaft to the surgical tool tip (e.g., 162) within the body cavity; additionally locking the surgical tool shaft to the surgical tool tip to prevent the surgical tool tip from accidentally detaching from surgical tool shaft; using the surgical tool shaft to manipulate the surgical tool tip in the body cavity while the surgical tool tip remains attached and locked to the surgical tool shaft (e.g., [0102] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 2); wherein introducing the surgical tool tip into the body cavity comprises introducing a tool carrier that carries a plurality of surgical tool tips (e.g., 154A, 154B, 154C) in tool holders (e.g., 150) including the surgical tool tip (as recited in claim 3); wherein the tool carrier is introduced through a cannula or through an incision without the cannula (e.g., [0102] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 4); wherein the tool carrier comprises a plurality of tool carrier segments, wherein each tool carrier segment is configured to cradle a removable surgical tool tip (e.g., [0102] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 5); wherein at least some of the plurality of tool carrier segments are connected with articulating joints (e.g., [0102] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 6); wherein the tool carrier is connected to an attachment shaft as the tool carrier is being introduced and released from the attachment shaft after the tool carrier has been introduced (e.g., [0102]-[0108] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 7); wherein introducing the surgical tool shaft through tissue into the body cavity comprises penetrating the tip of the surgical tool shaft through the tissue (e.g., [0102]-[0108] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 8); wherein introducing the surgical tool shaft through tissue into the body cavity comprises passing the surgical tool shaft through an incision (e.g., [0102]-[0108] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 9); wherein introducing the surgical tool shaft through tissue into the body cavity comprises passing the surgical tool shaft through a cannula (e.g., [0102]-[0108] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 10); wherein detachably connecting the tip of the surgical tool shaft to the surgical tool tip within the body cavity comprises advancing the tip of the surgical tool shaft into a proximal end of the surgical tool tip which is held in a tool holder (e.g., [0102]-[0108] and Figs. 12A-12C, 13, 14 and associated text) (as recited in claim 11).
Allowable Subject Matter
Claim 12-15 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.
The prior art of record does not teach or suggest the claimed invention of the method of introducing a surgical tool tip into a body cavity comprising the recited steps, including wherein advancing the tip of the surgical tool shaft into the tool holder both connects the surgical tool tip to the surgical tool shaft and releases the surgical tool tip from the tool holder.
For these reasons the claims are believed to be allowable over the art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan
/SCOTT LUAN/Primary Examiner, Art Unit 3792