DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
This application is a continuation application claiming priority under 35 U.S.C. §120 to U.S. Patent Application Serial No. 17/860,442, filed July 8, 2022, now U.S. Patent Application Publication No. 2023/0038162, which is a continuation application claiming priority under 35 U.S.C. §120 to U.S. Patent Application Serial No. 16/693,807, filed November 25, 2019, which issued on August 23, 2022 as U.S. Patent No. 11,419,626, which is a divisional application claiming priority under 35 U.S.C. §121 to U.S. Patent Application Serial No. 15/260,882, filed September 9, 2016, which issued on December 31, 2019 as U.S. Patent No. 10,517,627, which is a divisional application claiming priority under 35 U.S.C. §121 to U.S. Patent Application Serial No. 13/839,093, filed March 15, 2013, which issued on September 13, 2016 as U.S. Patent No. 9,439,668, which claims the benefit under 35 U.S.C. §119(e) of U.S. Provisional Patent Application Serial No. 61/621,876, filed April 9, 2012.
Election/Restrictions
Applicant's election with traverse of Species D (Switching assembly 5360, illustrated in FIGS. 113-114) in the reply filed on June 16, 2026 is acknowledged. The traversal is on the ground that Species A (FIGS. 106-109) should combine with Species D (FIGS. 113-114). Examiner would like to thank applicant for pointing out the deficiency of the Restriction Requirement issued May 14, 2026. Examiner agrees with applicant’s assertion that Species A should combine with Species D.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 21-22, 27, 31-32, and 37 is/are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Houser (US 2006/0079878, hereinafter “Houser”).
Referring to claim 21, Houser discloses an ultrasonic surgical instrument 100 (FIG. 5, para. [0100]) comprising:
a handle housing (FIGS. 5-6B, para. [0068]: “The ultrasonic surgical instrument 100 may include a handle assembly 68, comprising mating housing portion 69, housing portion 70, and a transmission assembly 71.”);
a switch frame 350 operably supported in the handle housing (FIG. 8A, which is reproduced below, para [0106]: “Switch housing 350 is generally cylindrical and is supported within handle assembly 68 by way of corresponding supporting mounts on switch assembly 350 and housing portions 69 and 70.”); and
a switch assembly 300, 310 (FIG. 8A, para. [0106]: “a pushbutton assembly 310, a flex circuit assembly 330… An alignment pin 354 and snap-fit pin 355 align with corresponding apertures of the flex circuit assembly 330 and pushbutton assembly 310 to secure all components together as discussed below.”) coupled to the handle housing, the switch assembly comprising:
a switch arrangement (FIG. 8A: combination of elements 311a, 311b, 316a, 316b of 310, dome switches 334a, 334b of 300, and 356a, 356b of 350 are interpreted as a switch arrangement) selectively actuatable by a single hand supporting the handle housing, the switch arrangement comprising: a switch button 311a (FIG. 8A) movably supported on a side of the handle housing, the switch button being selectively movable relative to a switch contact (switch dome 334a, para. [0108]: “A flex circuit 330 provides for the electromechanical interface between pushbuttons 31la, b, 312a, b and the generator 30 via transducer 50. Flex circuit comprises four dome switches 332a,b and 334a, b that are mechanically actuated by depressing pushbuttons 311a, b or 312a, b, respectively of corresponding pushbutton assembly 310. Dome switches 332 and 334 are electrical contact switches, that when depressed provide an electrical signal to generator 30 as shown by the electrical wiring schematic of FIG. 8c.”) supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis (figure 8A shows switch buttons 311a, 312a have cantilever arms 316a, 313a, respectively. The cantilever arms are pivoting about at axis near lead lines 316a, 313a. Para. [0110]: “The pushbuttons are connected to cantilever elements 313a, b and 316a, b, which provide a spring-back action after the pushbuttons are depressed. As is readily apparent, by depressing pushbuttons 311 and 312 the corresponding pressure studs 314 and 315 depress against corresponding dome switches 334 and 332 to activate the circuit illustrated in FIG. 8c.”).
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Referring to claim 22, Houser discloses the ultrasonic surgical instrument of claim 21, wherein the switch arrangement further comprises: another switch button 311b (FIG. 8A) movably supported on another side of the handle housing opposite the side of the handle housing, the another switch button being selectively movable relative to another switch contact (switch dome 334b) opposite the switch contact 334a and supported by the switch frame, the another switch button being selectively actuatable from the another side of the handle housing, the another switch button being pivotable about another switch axis (figure 8A shows switch buttons 311b, 312b have cantilever arms 316b, 313b, respectively. Similar to switch buttons 311a, 312a the cantilever arms 316b, 313b are pivoting about at axis near lead lines 316b, 313b.) opposite the switch axis.
Referring to claim 27, Houser discloses the ultrasonic surgical instrument of claim 21, wherein the switch assembly further comprises: another switch arrangement (FIG. 8A: the combination of elements 312a, 312a, 311b, 313a, 313b, of 310, dome switches 332a, 332b of 300, and 358a, 358b (not shown in FIG. 8A) of 350 are interpreted as another switch arrangement (FIG. 8A and FIG. 17, which is reproduced and annotated below)) selectively actuatable by the single hand supporting the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing (see annotated figure below), the another switch arrangement being selectively movable relative to a further switch contact 332a supported by the switch frame 350.
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Referring to claim 31, Houser discloses an ultrasonic surgical instrument comprising:
a generator configured to generate ultrasonic signals (para. [0067]: “The surgical system 19 includes an ultrasonic generator 30 connected to an ultrasonic transducer 50 via cable 22, and an ultrasonic surgical instrument 100.”);
a handle assembly (FIGS. 5-6B, para. [0068]: “The ultrasonic surgical instrument 100 may include a handle assembly 68, comprising mating housing portion 69, housing portion 70, and a transmission assembly 71.”) comprising:
a handle housing (see rejection claim 21 above);
a switch frame (see rejection of claim 21 above); and
a switch assembly (see rejection of claim 21 above) comprising:
a switch arrangement (see rejection of claim 21 above) selectively operated by a single hand gripping the handle housing, the switch arrangement comprising: a switch button (see rejection of claim 21 above) movably supported on a side of the handle housing and pivotally coupled to the switch frame, the switch button being in electrical communication with the generator (para. [0108]: “A flex circuit 330 provides for the electromechanical interface between pushbuttons 31la, b, 312a, b and the generator 30 via transducer 50. Flex circuit comprises four dome switches 332a,b and 334a, b that are mechanically actuated by depressing pushbuttons 311a, b or 312a, b, respectively of corresponding pushbutton assembly 310. Dome switches 332 and 334 are electrical contact switches, that when depressed provide an electrical signal to generator 30 as shown by the electrical wiring schematic of FIG. 8c.”) and selectively movable relative to a switch contact (see rejection of claim 21 above) supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis (see rejection of claim 21 above).
Referring to claim 32, Houser discloses the ultrasonic surgical instrument of claim 31, wherein the switch arrangement further comprises: another switch button movably supported on another side of the handle housing opposite the side of the handle housing and pivotally coupled to the switch frame (see rejection of claim 22 above), the another switch button being in electrical communication with the generator (para. [0108]. A portion of paragraph [0108] is reproduced in the rejection of claim 31 above) and selectively movable relative to another switch contact opposite the switch contact and supported by the switch frame, the another switch button being selectively actuatable from the another side of the handle housing, the another switch button being pivotable about another switch axis opposite the switch axis (see rejection of claim 22 above).
Referring to claim 37, Houser discloses the ultrasonic surgical instrument of claim 31, wherein the switch assembly further comprises: another switch arrangement (see rejection of claim 27 above) selectively operated by the single hand gripping the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing (see rejection of claim 27 above), the another switch arrangement being in electrical communication with the generator (para. [0108]. A portion of paragraph [0108] is reproduced in the rejection of claim 31 above) and selectively movable relative to a further switch contact supported by the switch frame.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 27, 31, 37, 38, 41, and 42 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 9, and 15 of U.S. Patent No. 11,419,626 (hereinafter “the patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the limitations of the present application are anticipated by the patent.
The claims match-up with respect to one another as listed below:
Patent Application No. 18/947,970
U.S. Patent No. 11,419,626
Claim 21. an ultrasonic surgical instrument comprising: a handle housing; a switch frame operably supported in the handle housing; and
a switch assembly coupled to the handle housing, the switch assembly comprising:
a switch arrangement selectively actuatable by a single hand supporting the handle housing, the switch arrangement comprising: a switch button movably supported on a side of the handle housing, the switch button being selectively movable relative to a switch contact supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis.
Claim 27. The ultrasonic surgical instrument of claim 21, wherein the switch assembly further comprises: another switch arrangement of selectively actuatable by the single hand supporting the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing, the another switch arrangement being selectively movable relative to a further switch contact supported by the switch frame.
Claim 1. An ultrasonic surgical instrument, comprising: a handle housing; a switch frame operably supported in the handle housing; and a switch assembly coupled to the handle housing, wherein the switch assembly comprises: …
a second switch arrangement, comprising at least one of:
a right switch button movably supported on a right side of the handle housing, wherein the right switch button is selectively movable relative to a right switch contact supported by the switch frame; and
a left switch button movably supported on a left side of the handle housing, wherein the left switch button is selectively movable relative to
a left switch contact supported by the switch frame; wherein the first and second switch arrangements are configured to be selectively actuatable by a single hand supporting the handle housing, wherein the right switch button is selectively actuatable from the right side of the handle housing … wherein the left switch button is selectively actuatable from the left side of the handle housing … and wherein the right switch button is pivotable about a right switch axis and the left switch button is pivotable about a left switch axis.
Claim 1 further discloses a first switch arrangement movably supported on a distal portion of the handle housing, wherein the first switch arrangement is selectively movable relative to a first switch contact supported by the switch frame
Claim 31. An ultrasonic surgical instrument comprising: a generator configured to generate ultrasonic signals; a handle assembly comprising: a handle housing; a switch frame; and a switch assembly comprising:
a switch arrangement selectively operated by a single hand gripping the handle housing, the switch arrangement comprising: a switch button movably supported on a side of the handle housing and pivotally coupled to the switch frame, the switch button being in electrical communication with the generator and selectively movable relative to a switch contact supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis.
Claim 37. The ultrasonic surgical instrument of claim 31, wherein the switch assembly further comprises: another switch arrangement selectively operated by the single hand gripping the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing, the another switch arrangement being in electrical communication with the generator and selectively movable relative to a further switch contact supported by the switch frame.
Claim 8. An ultrasonic surgical instrument, comprising: a generator configured to generate ultrasonic signals; a handle assembly, comprising: a handle housing; a switch frame; and a switch assembly, comprising:
a second switch arrangement, comprising at least one of:
a right switch button movably supported on a right side of the handle housing, wherein the right switch button is in electrical communication with the generator and is selectively movable relative to
a right switch contact supported by the switch frame; and a left switch button movably supported on a left side of the handle housing, wherein the left switch button is in electrical communication with the generator and is selectively movable relative to a left switch contact supported by the switch frame; wherein the first and second switch arrangements are configured to be selectively operated by a single hand gripping the handle housing, wherein each of the right switch button and the left switch button are pivotally coupled to the switch frame, wherein the right switch button is selectively actuatable from the right side of the handle housing and is supported by a right switch arm that extends laterally towards the left switch button, wherein the left switch button is selectively actuatable from the left side of the handle housing and is supported by a left switch arm that extends laterally towards the right switch button, wherein the right switch arm is pinned to a left portion of the switch frame with a left actuation pin and the left switch arm is pinned to a right portion of the switch frame with a right actuation pin, and wherein the right switch button is pivotable about a right switch axis and the left switch button is pivotable about a left switch axis.
Claim 8 further discloses a first switch arrangement movably supported on a distal portion of the handle housing, wherein the first switch arrangement is in electrical communication with the generator and is selectively movable relative to a first switch contact supported by the switch frame; and
Claim 38. The ultrasonic surgical instrument of claim 37, further comprising: a shaft extending distally from the handle housing, wherein the another switch arrangement comprises a button assembly pivotable about a further switch axis, and wherein the further switch axis is substantially transverse to a longitudinal axis of the shaft.
Claim 9. The ultrasonic surgical instrument of claim 8, further comprising a shaft extending distally from the handle housing, wherein the first switch arrangement comprises a first button assembly pivotable about a first switch axis, and wherein the first switch axis is substantially transverse to a longitudinal axis of the shaft.
Claim 41. An ultrasonic surgical instrument comprising: a housing comprising: a distal side; a first lateral side; and a second lateral side; a switch frame; and a switch assembly comprising:
a lateral switch arrangement comprising: a first switch button movably supported on the first lateral side of the housing, the first switch button being selectively movable relative to a first switch contact supported by the switch frame, the first switch button being pivotable about a first switch axis,
the first switch axis being closer to the second lateral side of the housing than the first lateral side of the housing.
Claim 42. The ultrasonic surgical instrument of claim 41, wherein the lateral switch arrangement further comprises: a second switch button movably supported on the second lateral side of the housing, the second switch button being selectively movable relative to a second switch contact supported by the switch frame, the second switch button being pivotable about a second switch axis, the second switch axis being closer to the first lateral side of the housing than the second lateral side of the housing.
Claim 15. An ultrasonic surgical instrument, comprising: a housing, comprising: a distal side; and a first lateral side; and a second lateral side; a switch frame; and a switch assembly, comprising: a distal switch arrangement movably supported on the distal side of the housing, wherein the distal switch arrangement is selectively movable relative to a distal switch contact; and a lateral switch arrangement, comprising at least one of: a first switch button movably supported on the first lateral side of the housing, wherein the first switch button is selectively movable relative to a first switch contact supported by the switch frame, wherein the first switch button is pivotable about a first switch axis, and wherein the first switch axis is closer to the second lateral side of the housing than the first lateral side of the housing; and
a second switch button movably supported on the second lateral side of the housing, wherein the second switch button is selectively movable relative to a second switch contact supported by the switch frame, wherein the second switch button is pivotable about a second switch axis, and wherein the second switch axis is closer to the first lateral side of the housing than the second lateral side of the housing.
Claims 21, 27, 31, and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 10,517,627 (hereinafter “the patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because each of the limitations of the present application are anticipated by the patent.
The claims match-up with respect to one another as listed below:
Patent Application No. 18/947,970
U.S. Patent No. 10,517,627
Claim 21. an ultrasonic surgical instrument comprising:
a handle housing;
a switch frame operably supported in the handle housing; and
a switch assembly coupled to the handle housing, the switch assembly comprising:
a switch arrangement selectively actuatable by a single hand supporting the handle housing, the switch arrangement comprising: a switch button movably supported on a side of the handle housing, the switch button being selectively movable relative to a switch contact supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis.
Claim 27. The ultrasonic surgical instrument of claim 21, wherein the switch assembly further comprises: another switch arrangement of selectively actuatable by the single hand supporting the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing, the another switch arrangement being selectively movable relative to a further switch contact supported by the switch frame.
Claim 1. An ultrasonic surgical instrument, comprising: a generator configured to generate a drive signal;
a handle housing comprising a first side and a second side that is opposite to the first side; a switch frame operably supported in the handle housing; and
a switch assembly coupled to the handle housing, wherein the switch assembly comprises: and
a second switch arrangement, comprising at least one of:
a first switch button movably supported on the first side of the handle housing, wherein the first switch button is in electrical communication with the generator and is selectively movable relative to a second electrical switch contact supported by the switch frame to pivot about a first side switch axis so that a first switch arm protruding from the first switch button actuates the second electrical switch contact to select a second drive signal that is output by the generator, and wherein the first side switch axis is substantially non-parallel to the first switch axis; and
a second switch button movably supported on the second side of the handle housing, wherein the second switch button is in electrical communication with the generator and is selectively movable relative to a third electrical switch contact supported by the switch frame to pivot about a second side switch axis so that a second switch arm protruding from the second switch button actuates the third electrical switch contact to select a third drive signal that is output by the generator, wherein each of an amplitude of the second drive signal and an amplitude of the third drive signal are different from an amplitude of the first drive signal, and wherein the second side switch axis is substantially non-parallel to the first switch axis; and wherein the first and second switch arrangements are configured to be selectively actuatable by a single hand supporting the handle housing.
Claim 1 further discloses a first switch arrangement movably supported on a distal portion of the handle housing, wherein the first switch arrangement is selectively movable relative to a first electrical switch contact supported by the switch frame to pivot the first switch arrangement about a first switch axis to actuate the first electrical switch contact to select a first drive signal that is output by the generator, wherein the first switch axis is substantially non-parallel to a longitudinal axis extending through a shaft of the ultrasonic surgical instrument
Claim 31. An ultrasonic surgical instrument comprising: a generator configured to generate ultrasonic signals; a handle assembly comprising:
a handle housing;
a switch frame; and
a switch assembly comprising:
a switch arrangement selectively operated by a single hand gripping the handle housing, the switch arrangement comprising: a switch button movably supported on a side of the handle housing and pivotally coupled to the switch frame, the switch button being in electrical communication with the generator and selectively movable relative to a switch contact supported by the switch frame, the switch button being selectively actuatable from the side of the handle housing, the switch button being pivotable about a switch axis.
Claim 37. The ultrasonic surgical instrument of claim 31, wherein the switch assembly further comprises: another switch arrangement selectively operated by the single hand gripping the handle housing, the another switch arrangement being movably supported on a distal portion of the handle housing, the another switch arrangement being in electrical communication with the generator and selectively movable relative to a further switch contact supported by the switch frame.
Claim 4. An ultrasonic surgical instrument, comprising: a generator configured to generate ultrasonic drive signals; a handle assembly, comprising: a handle housing comprising a first side and a second side that is opposite to the first side; a switch frame; and
a switch assembly, comprising:…
a second switch arrangement, comprising at least one of:
a first switch button movably supported on the first side of the handle housing, wherein the first switch button is in electrical communication with the generator and is selectively movable relative to a second switch contact supported by the switch frame to pivot about a first side switch axis so that a first switch arm protruding from the first switch button actuates the second switch contact to select a second ultrasonic drive signal that is output by the generator, and wherein the first side switch axis is substantially non-parallel to the first switch axis; and a second switch button movably supported on the second side of the handle housing, wherein the second switch button is in electrical communication with the generator and is selectively movable relative to a third switch contact supported by the switch frame to pivot about a second side switch axis so that a second switch arm protruding from the second switch button actuates the third switch contact to select a third ultrasonic drive signal that is output by the generator, wherein each of an amplitude of the second ultrasonic drive signal and an amplitude of the third ultrasonic drive signal are different from an amplitude of the first ultrasonic drive signal, and wherein the second side switch axis is substantially non-parallel to the first switch axis; and wherein the first and second switch arrangements are configured to be selectively actuatable by a single hand supporting the handle housing.
Claim 4 further discloses
a first switch arrangement movably supported on a distal portion of the handle housing, wherein the first switch arrangement is in electrical communication with the generator and is selectively movable relative to a first switch contact supported by the switch frame to pivot the first switch arrangement about a first switch axis to actuate the first switch contact to select a first ultrasonic drive signal that is output by the generator
Allowable Subject Matter
Claims 23-26, 28-30, 33-36, and 38-40 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 and a terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth in this Office action.
Referring to claims 23 and 33, Houser discloses the ultrasonic surgical instrument of claim 22 and 32, respectively, and a switch arm 316a extending from the switch button 311a toward the another switch axis (FIG. 8A). Prior art of record alone or in combination fails to disclose a switch pin or switch lug configured to contact the switch contact, the switch pin or switch lug extending from the switch arm.
Referring to claims 28 and 38, Houser discloses the ultrasonic surgical instrument of claims 27 and 37, respectively, and a shaft 72 (FIG. 9 and FIG. 17) extending distally from the handle housing, wherein the another switch arrangement comprises a button assembly pivotable about a further switch axis. Prior art of record alone or in combination did not teach the limitation of wherein the further switch axis is substantially transverse to a longitudinal axis of the shaft.
Claims 41-48 would be allowable if a terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth in this Office action.
Referring to claim 41, Houser discloses an ultrasonic surgical instrument 100 comprising:
a housing (FIGS. 5-6B, para. [0068]: “The ultrasonic surgical instrument 100 may include a handle assembly 68, comprising mating housing portion 69, housing portion 70, and a transmission assembly 71.”) comprising: a distal side (FIG. 17, which is reproduced and annotated above); a first lateral side (side view as shown in FIG. 17); and a second lateral side (opposite of view as shown in FIG. 17);
a switch frame (see rejection of claim 21 above); and
a switch assembly (see rejection of claim 21 above) comprising:
a lateral switch arrangement comprising: a first switch button movably supported on the first lateral side of the housing, the first switch button being selectively movable relative to a first switch contact supported by the switch frame, the first switch button being pivotable about a first switch axis,
Prior art of record alone or in combination did not teach the limitation of the first switch axis being closer to the second lateral side of the housing than the first lateral side of the housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN V NGUYEN whose telephone number is (571)272-5962. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM.
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/TUAN V NGUYEN/Primary Examiner, Art Unit 3771
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